§ 383:9 — Duties

I. The commissioner shall have general supervision of and shall conduct examinations of all state banks, trust companies, family trust companies, credit unions, and other entities licensed by the department as may be designated by law from time to time. The commissioner may also examine a service entity that engages with a state chartered institution or that otherwise operates in this state, and such examination may be conducted in conjunction with or independently of any examination of a depository bank or credit union. The commissioner may also enter into agreements with federal and state regulatory authorities to examine or participate in the examination of a service entity and to share and protect the confidentiality of any examination report, work papers, or other examination information of the other state or federal regulatory authority. The commissioner may inspect the books of any entity under examination, and their papers, notes, bonds, and other evidences of debt. By that examination, the commissioner shall determine the true financial condition of the entities, their ability to perform their engagements, and whether they have violated any provision of law.
II. The commissioner may conduct investigations of the persons identified in paragraph I and of persons believed to be engaged in unlicensed activity in the state.
III. The cost of any examination or investigation shall be borne by the person examined or investigated. In the case of an unlicensed person, investigative costs will be assessed only if the person is determined to have engaged in unlicensed activity.
IV. In the course of conducting any examination or investigation of any entity and subject to the limitations of federal law, the commissioner shall have the jurisdiction and power to examine any affiliate of the entity, as defined in RSA 383-A:2-201(a). The examination of an entity's affiliate, shall be limited to those issues which, in the determination of the commissioner, affect the safe and sound operation of the entity and the relationship between the entity and the affiliate.
V. The commissioner may conduct an examination or investigation during business hours, at the commissioner's office by consent or by subpoena, or at any location of the entity's operations, including any place where assets are located or where records are made, posted, or kept. The commissioner shall have the power to conduct an examination or investigation outside the state of New Hampshire and outside the United States and its territories. Notice of any examination may be provided to the entity's main or principal office or, for a trust company or family trust company, to any executive officer of the trust company or family trust company.
VI. The commissioner may adopt rules, under RSA 541-A, relative to the duties assigned to him or her by this chapter.

Legislative History

RS 140:22. GS 152:4, 5. GL 166:4. 1889, 12:2; 55:2. PS 162:6. 1925, 143:7. PL 259:7. 1929, 176:1. RL 307:8. RSA 383:9. 1981, 173:3. 1985, 55:4. 2013, 238:8. 2015, 272:7, eff. Oct. 1, 2015. 2019, 115:4, eff. Aug. 20, 2019; 168:2, eff. July 10, 2019.