Laws, Rules and Guidance

The NH Banking Department enforces the Federal and NH State Laws (RSAs) and Rules enacted and delegated to the Bank Commissioner.

Please note that we cannot provide legal advice or services.

Wall Street Reform and Consumer Protection Act of 2010
The Federal Reserve Bank of St. Louis has added a webpage that is tracking all of the rules being written as part of the implementation of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010.

BAN Rules

• CHAPTER Ban 100 Organizational Rules
• CHAPTER Ban 500 Adoption of Rules under RSA 394-A Granting State Chartered Financial Institutions Powers of Corresponding Federally Chartered Financial Institutions
• CHAPTER Ban 800 Powers of Banking Organizations
• CHAPTER Ban 900 Public Deposit Investment Pool
• CHAPTER Ban 1100 Bank Commissioner
• CHAPTER Ban 1400 Savings Bank
• CHAPTER Ban 1800 Trust and Banking Companies

Bulletins

• NHBDL-2012-01 Guidance on Executive Meeting Minutes 
• NHBDL-2009-06 Parity and Acceptance of Public Deposits 
• NHBDL-2009-05 Safe Deposit Box Auction 
• NHBDL-2009-04 Credit Unions – Declaring Dividends 

Declaratory Rulings Issued Since 2000

Doc #	Issue(s)	Rule or Law	Effective Date
10252	Mortgage Servicing	RSA 397-B:2, I, and RSA 397-B:4, I(a)	01/14/13
10241	NH Bankers Association re Derivative Activities	RSA 387:26, 392:39, and 12 USC 1828(y)	12/05/12
9905	SAFE Act	RSA 397-A	4/14/11
9847	SAFE Act License Exemption – Family Member	RSA 397-A:4, lll	01/06/11
9751	SAFE Act License Exemption	RSA 397-A	06/24/10
9644	Letter of credit	BAN 1450.04(b) (2)	08/02/06
9554	Letter of credit	BAN 1450.04(b) (2)	09/24/09
9348	Letter of credit	BAN 1450.04(b) (2)	12/16/08
9231	Reduce frequency of Directors meetings	BAN 102.02(b) and 206.01-02	08/06/08

 

Guidance

• Interpretation Re: Governmental Entity Liens and RSA 397-A 
• Interpretation Re: Sharing Confidential Reports of Exams with Auditors under RSA 383:10-b

NH Banking Laws

Title XXXI Trade and Commerce

• Chapter 358-K: Regulation of Consumer Credit Transactions

Title XXXI-A Retail Installment Sales

• Chapter 361-A: Retail Installment Sales of Motor Vehicles

Title XXXV Banks and Banking; Loan Associations; Credit Unions

• Chapter 383: Bank Commissioner
• Chapter 384: General Provisions as to Savings Banks, Trust Companies, and Depositories
• Chapter 384-A: Trust Deposits in Banks [Repealed]
• Chapter 384-B: Branch Banking and Holding Company Affiliates
• Chapter 384-C: Suspension of Banking Activities
• Chapter 384-D: Trust Deposits in Banks
• Chapter 384-E: Complementary Facilities of Banks
• Chapter 384-F: The New Hampshire International Banking Act
• Chapter 384-G: Regulation of Revolving Credit Plans
• Chapter 385: Safe Deposit Boxes
• Chapter 386: Savings Banks
• Chapter 386-A: Incorporation of Savings Banks
• Chapter 386-B: Reorganization of Mutual Savings Banks into Mutual Holding Companies
• Chapter 387: Investments of Savings Banks
• Chapter 388: Consolidation of Banks
• Chapter 389: Conversion Between State and National Banks
• Chapter 389-A: Conversion Between Mutual Savings Banks, Cooperative Banks, Building and Loan Associations, Guaranty Savings Banks, Commercial Banks, Trust Companies, and Savings and Loan Associations
• Chapter 390: Regulation of Trust and Banking Companies
• Chapter 391: Uniform Common Trust Fund Act
• Chapter 392: Incorporation and Management of Trust Companies
• Chapter 392-A: Merchant Banking
• Chapter 392-B: Incorporation and Management of Family Trust Companies
• Chapter 393: Building and Loan Associations
• Chapter 393-A: Capital Stock Conversion
• Chapter 394: Credit Unions [Repealed]
• Chapter 394-A: Powers of Corresponding Federally-Chartered Financial Institutions
• Chapter 394-B: Credit Unions
• Chapter 395: Liquidation Under Supervision of the Bank Commissioner
• Chapter 396: Regulation, Conservation, and Reorganization Under Direction of the Bank Commissioner
• Chapter 397: Regulation of Banks in Emergencies
• Chapter 397-A: Licensing of Nondepository First Mortgage Bankers and Brokers
• Chapter 397-B: Regulation of Mortgage Loan Servicers

Title XXXVI Pawnbrokers and Moneylenders

Note: Pawnbrokers are licensed by the governing body of the cities and towns.

• Chapter 398-A: Second Mortgage Home Loans [Repealed]
• Chapter 399: Regulation of Small Loans [Repealed]
• Chapter 399-A: Regulation of Small Loans, Title Loans, and Payday Loans
• Chapter 399-B: Disclosure of Finance Charges
• Chapter 399-C: Lenders of Money
• Chapter 399-D: Debt Adjustment Services
• Chapter 399-E: Loan Scam Operators
• Chapter 399-F: Cash Dispensing Machines
• Chapter 399-G: Licensing of Money Transmitters

JUS Rules

• Chapter JUS 800 Model Rules of Practice and Procedure

TRU Rules

• TRU Rules