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RSA 383-A:2-201 · Definitions
383-A:2-201 Definitions. –
Copy linkFor purposes of RSA 383, RSA 383-A, RSA 383-B, RSA 383-C, RSA 383-D, and RSA 383-E, the following definitions shall apply:
Copy link"Affiliate" shall have the same meaning as in 12 U.S.C. section 371c(b)(1), as amended from time to time.
Copy link"Association member" means a person who has a right to vote in a savings association. The rights of association members are set forth in RSA 383-B:6-605(b).
Copy link"Bank" means a state bank, national bank, federal savings bank, or foreign state bank.
Copy link"Bank holding company" means an entity which is a bank holding company under the Federal Bank Holding Company Act of 1956, or a federal savings and loan company under the Federal Home Owners' Loan Act, as may be amended from time to time.
Copy link"Banking Acts" means the Bank and Credit Union Act (RSA 383-A), the Depository Bank Act (RSA 383-B), the Trust Company Act (RSA 383-C), and the Family Trust Company Act (RSA 383-D).
Copy link"Board of directors" means the board of directors or trustees of a corporation or the board of managers of a limited liability company.
Copy link"Capital debenture" means an unsecured debt obligation issued by any bank to provide capital.
Copy link"Combination" means a merger or consolidation by and between entities or a purchase and assumption of substantially all of the assets and liabilities by one entity of another entity.
Copy link"Corporate security" means a debt security, preferred stock, or common stock of a publicly held corporation, except a government corporation, existing under the laws of the United States or any state thereof.
Copy link"Corporation Act" means RSA 293-A or any replacement or successor New Hampshire statutes.
Copy link"Corporator" means an incorporator of a mutual savings bank or mutual holding company, any person chosen as a successor to an incorporator, and any person who is elected by the other corporators of a mutual savings bank or mutual holding company to serve as a corporator of the mutual savings bank or mutual holding company in accordance with its organizational documents. The rights and duties of corporators are set forth in RSA 383-B:6-605(a).
Copy link"Credit union" means (i) an entity that is organized under RSA 383-E, or (ii) an entity that was organized under the prior laws of this state and was authorized to operate as a credit union. If the term is modified by the words "federal" or "foreign," then the modification is intended to clarify distinctions between New Hampshire-chartered credit unions and credit unions chartered by federal or other state regulatory authorities.
Copy link"Depository bank" means (i) an entity that is organized under the laws of this state and is authorized to engage in a banking business under RSA 383-B, or (ii) any type of entity that was organized under the prior laws of this state as a trust company, mutual bank, guaranty savings bank, or other banking entity and was authorized to accept deposits and make loans.
Copy link"Exchange" means the New York Stock Exchange, NASDAQ, the Over-The Counter Market (as quoted on the OTC Bulletin Board), or any other exchange approved by the commissioner on which securities are listed and traded.
Copy link"Executive officer" means a president, executive vice president, senior vice president, treasurer, or any other officer with discretion or ability to set policy or manage or direct affairs of a bank.
Copy link"Family trust company" means (i) a trust company that is organized under the laws of this state and authorized to engage in trust business under RSA 383-D, or (ii) any entity that was organized as a family trust company under the prior laws of this state.
Copy link"Federal savings bank" means any savings bank or savings association organized under federal law. (27-a) "Financial institution" means any state bank or credit union and any similar institution organized under the provisions of federal law.
Copy link"Foreign state bank" means a bank chartered by a state other than New Hampshire which is authorized to accept deposits.
Copy link"Include" or "including" means to comprise or comprehend any item listed following the use of the term and any other item that is reasonably implied from the context of its use. The term is intended to be expansive rather than restrictive.
Copy link"Investment grade debt security" means a debt security that is issued by an issuer which has an adequate capacity to meet financial commitments for the life of the security. An issuer has adequate capacity to meet its financial commitments if the risk of default is low and the full and timely repayment of principal and interest is expected.
Copy link"Mutual holding company" means (i) an entity that is organized under the laws of this state to become, or continues in mutual form as, the majority shareholder of a mutual bank following its reorganization into a bank holding company structure, or (ii) an entity that was organized as a mutual holding company under the prior laws of this state.
Copy link"Mutual savings bank" means (i) a depository bank that is organized under the laws of this state, is owned by its depositors and has corporators who elect directors and vote on corporate matters as provided in RSA 383-B:6-605(a), or (ii) a depository bank that was organized as a mutual savings bank under the prior laws of this state.
Copy link"National bank" means any national bank or banking association organized under the National Bank Act, as may be amended from time to time.
Copy link"New Hampshire bank holding company" means a bank holding company that owns or controls one or more depository banks with respect to which the largest amount of total deposits of these banks is located in New Hampshire. (37-a) "New Hampshire Benefit Corporation Act" means RSA 293-C or any replacement or successor New Hampshire statutes.
Copy link"Note" means a debt obligation issued under terms and conditions specified in the note instrument.
Copy link"NRSRO" means a nationally recognized statistical rating organization designated by the U.S. Securities and Exchange Commission. Ratings of any NRSRO relied upon under this chapter shall be expressed in accordance with standard rating categories.
Copy link"Obligation" means a debt security issued or assumed by an obligor and unconditionally guaranteed as to the payment of principal and interest by the obligor.
Copy link"Organizations Act" means the Corporation Act and the New Hampshire Benefit Corporation Act, if applicable, or the LLC Act; and "Organizations Acts" means the Corporation Act and the New Hampshire Benefit Corporation Act, if applicable, and the LLC Act.
Copy link"Organizational instrument" means the articles of incorporation or articles of agreement of a bank organized as a corporation, the certificate of formation of a bank organized as a limited liability company, or the bylaws of a credit union.
Copy link"Organizational documents" means the organizational instrument, the bylaws of a corporation, the operating agreement of a limited liability company, the bylaws of a credit union, and other documents governing the organization of a bank or a credit union or the conduct of its business.
Copy link"Organizer" means a person or persons who organize a bank under article 3 of this chapter or a credit union under RSA 383-E.
Copy link"Public obligation" means a debt security of the United States of America, any state, any state entity, any sovereign nation, or any governmental unit of a sovereign nation.
Copy link"Regulatory authority" means a state or federal governmental agency, department or body, other than the commissioner and the department, having supervisory authority over banks or credit unions or regulatory authority over their banking or credit union activities. The term may be modified by the words "federal" or "foreign" to clarify its meaning.
Copy link"Savings association" means (i) a depository bank that is organized under the laws of this state, is owned by its depositors and has association members who elect directors and vote on corporate matters as provided in RSA 383-B:6-605(b), or (ii) a depository bank that was organized as a cooperative bank, building and loan association, or savings and loan association under the prior laws of this state. (48-a) "Service entity" means a corporation, limited liability company, limited partnership, or other legal entity which primarily provides activities or services to or in support of the routine operations of depository banks and credit unions. "Service entity" includes "service organization" and "service corporation."
Copy link"State entity" means any governmental unit of a state, such as a county, city, town, district, village district, school district or precinct and shall be included in the definition of "entity."
Copy link"Trust company" means (i) an entity organized under the laws of this state that is authorized to engage in a trust business under RSA 383-C, but is not authorized to accept deposits, or (ii) any entity that was organized as a trust company under the prior laws of this state but was not authorized to accept deposits.
Copy link"Unit investment trust" means a fund created under a trust agreement which is registered as a unit investment trust under the Investment Company Act of 1940, as amended from time to time.
Copy link"Years" means calendar years, fiscal years or nearer periods of 12 months next preceding a referenced date.
Copy linkWhenever a federal law or rule is referenced by incorporation in the Bank and Credit Union Act, the Depository Bank Act, the Trust Company Act, the Family Trust Company Act, or the Credit Union Act, the reference is to the law or rule as may be amended from time to time. Source. 2015, 272:16, eff. Oct. 1, 2015. 2019, 115:1, 2, eff. Aug. 20, 2019; 169:1, eff. July 10, 2019. 2021, 51:8, 9, eff. July 24, 2021. ARTICLE 3 Organization of State Banks
Copy linkSource note
Source. 2015, 272:16, eff. Oct. 1, 2015. 2019, 115:1, 2, eff. Aug. 20, 2019; 169:1, eff. July 10, 2019. 2021, 51:8, 9, eff. July 24, 2021. ARTICLE 3 Organization of State Banks
Source history
- 2015, 272:16, eff. Oct. 1, 2015
- 2019, 115:1, 2, eff. Aug. 20, 2019; 169:1, eff. July 10, 2019
- 2021, 51:8, 9, eff. July 24, 2021. ARTICLE 3 Organization of State Banks
Related materials
Bill relationships
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2026 HB1502
reference
II. “Bank” means a person engaged in the business of banking and includes a savings bank, savings and loan association, and credit union. The term includes a bank as defined in RSA 383-A:2-201(3). Each branch or separate office of a bank is a separate bank for the purpose of this chapter. III. “Beneficiary” means a person that: (a) Is identified as a beneficiary in an account agreement; or (b) If not i
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2026 HB186
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neys credited to the fund shall be held distinct and separate from all other funds over which the state treasurer has control. Moneys in the fund shall be deposited with any financial institution as defined in RSA 383-A:2-201(a)(27-a), with a branch in the state. Moneys credited to the fund shall include deposits into the fund by the commission pursuant to this chapter and deposits into the fund by the commissioner of the departmen
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2026 HB186-FN-A
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be held distinct and separate from all other funds over which the state treasurer has control. Moneys in the fund shall be deposited with any financial institution as defined in RSA 383-A:2-201(a)(27-a), with a branch in the state. Moneys credited to the fund shall include deposits into the fund by the commission pursuant to this chapter and deposits into the fund by the commissioner of the department of reve
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2026 HB359
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objective standard. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 New Section; Anti-Discrimination; Financial Institutions. Amend RSA 383-A by inserting after section 383-A:5-511-a the following new section: 383-A:5-511-b Denial or Withholding of Financial Services. I. In this section, "financial institution" means a state or national bank, a savings
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2026 SB651
reference
be held distinct and separate from all other funds over which the state treasurer has control. Moneys in the fund shall be deposited with any financial institution as defined in RSA 383-A:2-201(a)(27-a), with a branch in the state. Moneys credited to the fund shall include deposits into the fund by the commission pursuant to this chapter and deposits into the fund by the commissioner of the department of reve
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2026 SB651-FN-A
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be held distinct and separate from all other funds over which the state treasurer has control. Moneys in the fund shall be deposited with any financial institution as defined in RSA 383-A:2-201(a)(27-a), with a branch in the state. Moneys credited to the fund shall include deposits into the fund by the commission pursuant to this chapter and deposits into the fund by the commissioner of the department of reve
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2026 SB661
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e consumer protection and antitrust bureau of the office of the attorney general designee. XI. "Member equity stabilization fund" means funds deposited in a bank as defined in RSA 383-A:2-201(a)(3), pursuant to the criteria set forth in RSA 6:8, for bank deposits on behalf of each member, such as the deposits of excess contingency reserves. This fund’s purpose is to provide additional funds to the contingen
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2026 SB661-FN
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e consumer protection and antitrust bureau of the office of the attorney general designee. XI. "Member equity stabilization fund" means funds deposited in a bank as defined in RSA 383-A:2-201(a)(3), pursuant to the criteria set forth in RSA 6:8, for bank deposits on behalf of each member, such as the deposits of excess contingency reserves. This fund’s purpose is to provide additional funds to the contingen