§ 384-F:2 — Definitions

For purposes of this chapter:
I. "Bank" means any bank as defined in: section 2(c) of the Bank Holding Company Act (12 U.S.C. section 1841(c)); section 3(a)(1) of the Federal Deposit Insurance Act (12 U.S.C. section 1813(a)(1)), other than a branch of a foreign bank; or, as the context may require in RSA 392. The term "bank" as used in this chapter shall not in any event include a foreign bank or a branch or agency of a foreign bank.
II. "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. The term includes foreign commercial banks, foreign merchant banks, and other foreign institutions that engage in banking activities usual in connection with the business of banking in the countries where such foreign institutions are organized or operating.
III. "Out-of-state bank" means a bank, the home state of which is a state other than New Hampshire.
IV. "Out-of-state foreign bank" means a foreign bank the home state of which is a state other than New Hampshire.
V. "New Hampshire state bank" means a bank organized under the laws of New Hampshire.
VI. "New Hampshire national bank" means a national banking association having its headquarters within New Hampshire.
VII. "New Hampshire bank" means a New Hampshire state bank or a New Hampshire national bank.
VIII. "Bank holding company", "subsidiary", and "affiliate", have the same meaning as set forth in section 2 of the Bank Holding Company Act (12 U.S.C. section 1841), the term "control" shall be construed consistently with the provisions of section 2(a)(2) of the Bank Holding Company Act (12 U.S.C. section 1841(a)(2)), and the term "depository institution" means any institution that is included for any purpose within the definitions of "insured depository institution" as set forth in sections 3(c)(2) and 3(c)(3) of the Federal Deposit Insurance Act (12 U.S.C. section 1813(c)(2) and (3)).
IX. "Out-of-state bank holding company" means a bank holding company, the home state of which is a state other than New Hampshire.
X. "State" has the same meaning as is set forth in section 3(a)(3) of the Federal Deposit Insurance Act (12 U.S.C. section 1813(a)(3)).
XI. "Home state" has the same meaning in reference to national banks, state banks, and bank holding companies as is set forth in section 44(f)(4) of the Federal Deposit Insurance Act (12 U.S.C. section 1831u), and the same meaning in reference to foreign banks as is set forth in section 5(c) of the federal International Banking Act (12 U.S.C. section 3103(c)).
XII. "Foreign person" means a natural or juridical person who is a citizen or national of one or more countries (including any colonies, dependencies, or possessions of such countries) other than the United States.
XIII. "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.S.C. section 3101(3)), and when used in reference to an office of a bank as defined in this section, shall have the same meaning as set forth in 3(o) of the Federal Deposit Insurance Act (12 U.S.C. section 1813(o)).
XIV. "Interstate branch" means a branch of a bank or a branch of a foreign bank, as the context may require, which is (or is to be) established after September 29, 1994, pursuant to the authority contained in the Interstate Banking and Branching Efficiency Act, outside the home state of the bank or foreign bank. In the case of a foreign bank, the term shall not include a limited branch.
XV. "Limited branch" means a branch of a foreign bank that accepts only such deposits as would be permissible for a corporation organized under section 25A of the Federal Reserve Act in accordance with the provisions of section 5(a)(7) of the federal International Banking Act (12 U.S.C. section 3103(a)(7)).
XVI. "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.S.C. section 3101(1)).
XVII. "Federal branch" means a branch of a foreign bank that is licensed by the Comptroller of the Currency pursuant to the provisions of section 4 of the federal International Banking Act (12 U.S.C. section 3102).
XVIII. "Federal agency" means an agency of a foreign bank that is licensed by the Comptroller of the Currency pursuant to the provisions of section 4 of the federal International Banking Act (12 U.S.C. section 3102).
XIX. "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.
XX. "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.
XXI. "Representative office" shall have the same meaning as set forth in section 1(b)(15) of the federal International Banking Act (12 U.S.C. section 3101(15)), and the term "New Hampshire representative office" shall mean any such office that is located in this state.
XXII. "United States," when used in a geographical sense, means the several states, the District of Columbia, Puerto Rico, Guam, American Samoa, the American Virgin Islands, the Trust Territory of the Pacific Islands, and any other territory of the United States; and, when used in a political sense, means the federal government of the United States.
XXIII. "Bank Holding Company Act" means the federal Bank Holding Company Act of 1956, as amended (12 U.S.C. section 1841 et seq.).
XXIV. "Federal Deposit Insurance Act" means the Federal Deposit Insurance Act, as amended (12 U.S.C. section 1813 et seq.).
XXV. "Federal International Banking Act" means the federal International Banking Act of 1978, as amended (12 U.S.C. section 3101 et seq.).
XXVI. "Interstate Banking and Branching Efficiency Act" means the federal Riegle-Neal Interstate Banking and Branching Efficiency Act of 1994, Public Law No. 103-328, 108 Stat. 2338-2381 (September 29, 1994) (codified at various sections of 12 U.S.C.).
XXVII. "Commissioner" means the New Hampshire bank commissioner.
XXVIII. "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.

Legislative History

1997, 236:1, eff. July 1, 1997.