New Hampshire Revised Statutes 384-F:31 – Supervision and Enforcement
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I. The commissioner shall have all of the powers granted to him or her by the laws of this state to the extent appropriate to enable him or her to supervise each New Hampshire state branch, New Hampshire state agency, or New Hampshire representative office.
II. If, after notice and a hearing, the commissioner finds that any person has violated any provision of this chapter or of any rule adopted or order issued under this chapter, he or she may, in addition to any other remedy or action available to the commissioner under the laws of this state, order such person to pay to the commissioner a civil penalty in such a manner and in such an amount as the commissioner shall determine in accordance with the laws of this state and rules thereunder.
III. In order to carry out the purposes under this chapter, the commissioner may:
(a) Enter into cooperative, coordinating, or information-sharing agreements with any other bank supervisory agency or any organization affiliated with or representing one or more bank supervisory agencies;
(b) With respect to periodic examination or other supervision of a foreign bank that maintains a New Hampshire state branch, New Hampshire state agency, or New Hampshire representative office, accept reports of examinations performed by, and reports submitted to, other bank supervisory agencies in lieu of conducting examinations, or of receiving reports, as might otherwise be required under this subdivision;
(c) Enter into joint examination or joint enforcement actions with any other bank supervisory agency having concurrent jurisdiction over any foreign bank, provided, however, that the commissioner may at any time take any such actions independently if the commissioner determines that such actions are necessary or appropriate to carry out his or her responsibilities under this chapter and to ensure compliance with the laws of this state;
(d) Enter into contracts with any bank supervisory agency having concurrent regulatory or supervisory jurisdiction over a foreign bank maintaining a New Hampshire state branch, New Hampshire state agency, or New Hampshire representative office, to engage the services of such agency’s examiners at a reasonable rate of compensation or provide the services of the commissioner’s examiners at a reasonable rate of compensation, provided, that any such contract shall be deemed a sole source contract under state laws; and
(e) Assess supervisory and examination fees that shall be payable by foreign banks maintaining a New Hampshire state branch, New Hampshire state agency, or New Hampshire representative office in connection with the commissioner’s performance of his or her duties under this chapter and in accordance with N.H. Rev. Stat. § 383:11 or other applicable law.
IV. Supervisory or examination fees assessed by the commissioner in accordance with the provisions of this chapter may be shared with other bank supervisory agencies or any organizations affiliated with or representing one or more bank supervisory agencies in accordance with agreements between the commissioner and such agencies or organizations.
II. If, after notice and a hearing, the commissioner finds that any person has violated any provision of this chapter or of any rule adopted or order issued under this chapter, he or she may, in addition to any other remedy or action available to the commissioner under the laws of this state, order such person to pay to the commissioner a civil penalty in such a manner and in such an amount as the commissioner shall determine in accordance with the laws of this state and rules thereunder.
Terms Used In New Hampshire Revised Statutes 384-F:31
- Agency: when used in reference to an office of a foreign bank, shall have the same meaning as set forth in section 1(b)(1) of the federal International Banking Act (12 U. See New Hampshire Revised Statutes 384-F:2
- bank: as used in this chapter shall not in any event include a foreign bank or a branch or agency of a foreign bank. See New Hampshire Revised Statutes 384-F:2
- Bank supervisory agency: means :
(a) The Office of the Comptroller of the Currency, the Federal Deposit Insurance Corporation, the Board of Governors of the Federal Reserve System, and any successor to these agencies;
(b) Any agency of another state with primary responsibility for chartering and supervising banks; and
(c) Any agency of a country (including any colonies, dependencies, possessions, or political subdivisions thereof) other than the United States. See New Hampshire Revised Statutes 384-F:2 - Branch: when used in reference to an office of a foreign bank, shall have the same meaning as set forth in section 1(b)(3) of the federal International Banking Act (12 U. See New Hampshire Revised Statutes 384-F:2
- Commissioner: means the New Hampshire bank commissioner. See New Hampshire Revised Statutes 384-F:2
- Contract: A legal written agreement that becomes binding when signed.
- Foreign bank: means any company organized under the laws of a foreign country, a territory of the United States, Puerto Rico, Guam, American Samoa, or the Virgin Islands, that engages directly in the business of banking. See New Hampshire Revised Statutes 384-F:2
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- New Hampshire representative office: shall mean any such office that is located in this state. See New Hampshire Revised Statutes 384-F:2
- New Hampshire state agency: when used in reference to an office of a foreign bank, shall mean an agency of a foreign bank that is located in this state and licensed pursuant to the provisions of this chapter. See New Hampshire Revised Statutes 384-F:2
- New Hampshire state branch: when used in reference to an office of a foreign bank, shall mean a branch of a foreign bank that is located in this state and licensed pursuant to the provisions of this chapter. See New Hampshire Revised Statutes 384-F:2
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- Representative office: shall have the same meaning as set forth in section 1(b)(15) of the federal International Banking Act (12 U. See New Hampshire Revised Statutes 384-F:2
- State: has the same meaning as is set forth in section 3(a)(3) of the Federal Deposit Insurance Act (12 U. See New Hampshire Revised Statutes 384-F:2
III. In order to carry out the purposes under this chapter, the commissioner may:
(a) Enter into cooperative, coordinating, or information-sharing agreements with any other bank supervisory agency or any organization affiliated with or representing one or more bank supervisory agencies;
(b) With respect to periodic examination or other supervision of a foreign bank that maintains a New Hampshire state branch, New Hampshire state agency, or New Hampshire representative office, accept reports of examinations performed by, and reports submitted to, other bank supervisory agencies in lieu of conducting examinations, or of receiving reports, as might otherwise be required under this subdivision;
(c) Enter into joint examination or joint enforcement actions with any other bank supervisory agency having concurrent jurisdiction over any foreign bank, provided, however, that the commissioner may at any time take any such actions independently if the commissioner determines that such actions are necessary or appropriate to carry out his or her responsibilities under this chapter and to ensure compliance with the laws of this state;
(d) Enter into contracts with any bank supervisory agency having concurrent regulatory or supervisory jurisdiction over a foreign bank maintaining a New Hampshire state branch, New Hampshire state agency, or New Hampshire representative office, to engage the services of such agency’s examiners at a reasonable rate of compensation or provide the services of the commissioner’s examiners at a reasonable rate of compensation, provided, that any such contract shall be deemed a sole source contract under state laws; and
(e) Assess supervisory and examination fees that shall be payable by foreign banks maintaining a New Hampshire state branch, New Hampshire state agency, or New Hampshire representative office in connection with the commissioner’s performance of his or her duties under this chapter and in accordance with N.H. Rev. Stat. § 383:11 or other applicable law.
IV. Supervisory or examination fees assessed by the commissioner in accordance with the provisions of this chapter may be shared with other bank supervisory agencies or any organizations affiliated with or representing one or more bank supervisory agencies in accordance with agreements between the commissioner and such agencies or organizations.