Current through Reg. 49, No. 38; September 20, 2024
(a) Relocation by
notice. Unless an application under subsection (b) of this section is required,
a state bank may change its home office to one of its previously established
branches pursuant to the Finance Code, §
RSA
32.202(b), by filing a
written notice containing the information required by subsection (c) of this
section, accompanied by the filing fee required by §
RSA
15.2 of this title (relating to Filing and
Investigation Fees). A bank may relocate its home office immediately after the
required notice and fee has been acknowledged in writing as complete and
accepted for filing by the banking commissioner. An application under
subsection (b) of this section is required if the proposed home office
relocation:
(1) will result in an abandonment
of all or part of the community served by the bank's present home office
location; or
(2) is anticipated to
result in a reduction in banking services presently offered by the bank at its
present home office location within the 18 month period after the effective
date of the relocation.
(b) Relocation by application.
(1) A state bank relocating its home office
must file an application setting forth the information required by subsection
(c) of this section, accompanied by the required filing fee pursuant to §
RSA
15.2 of this title if it is a relocation
pursuant to:
(A) the Finance Code, §
RSA
32.202(b) and subsection (a)
of this section does not apply; or
(B) the Finance Code, §
RSA
32.202(c).
(2) An eligible bank may file an
expedited application pursuant to §
RSA 15.3 of
this title (relating to Expedited Filings).
(3) On or before the 15th day after initial
submission of an application, the banking commissioner will issue the written
notice required by §
RSA
15.4(b) of this title
(relating to Required Information and Abandoned Filings).
(4) Except as otherwise provided in this
section and to the extent applicable, the banking commissioner will evaluate an
application under this subsection in light of the Finance Code, §
RSA
32.202(d), and apply the
criteria applicable to an application for a branch office under §
RSA
15.42(e) of this title
(relating to Establishment and Closing of a Branch Office).
(5) An applicant under this subsection may
not relocate its home office without the prior written approval of the banking
commissioner.
(c)
Contents of notice or application. The notice filed under subsection (a) of
this section or the application submitted under subsection (b) of this section
must disclose:
(1) the name of the bank
requesting the home office relocation;
(2) the street address of the bank's home
office before the requested home office relocation;
(3) the street address of the bank's proposed
home office;
(4) the effective date
of the home office relocation under subsection (a) of this section, or the
requested effective date for a proposed home office relocation under subsection
(b) of this section;
(5) a copy of
the resolution adopted by the bank's board of directors authorizing the
proposed home office relocation;
(6) a written statement signed by the
principal executive officer of the bank or a majority of the bank's board of
directors stating whether or not the proposed home office relocation will
result in an abandonment of all or part of the community served by the bank's
present home office location and, if so, an explanation of how the abandonment
promotes the public convenience and advantage;
(7) a written statement signed by the
principal executive officer of the bank or a majority of the bank's board of
directors stating whether or not, within the 18 month period after the proposed
effective date of the relocation, a reduction in banking services presently
offered by the bank at its present home office location is anticipated and, if
so, an explanation of:
(A) the anticipated
reduction in banking services; and
(B) how:
(i) the diminution in services is consistent
with the original determination of public necessity for the establishment of
the bank at its existing location; or
(ii) the public convenience and advantage
would be promoted by the home office relocation;
(8) a description of any actual, proposed, or
contemplated financial involvement in the home office relocation by an officer,
director, manager, managing participant, or principal shareholder or
participant of the state bank;
(9)
evidence that the bank has considered the applicability of federal law
governing main office or branch closing or relocation, such as
RSA
1828(d)(1), and regulations
and policy statements issued thereunder; and
(10) other information as the banking
commissioner may require.
(d) Public notice.
(1) Within 14 days prior to or 14 days after
the initial submission of a written application under subsection (b) of this
section, the applicant must publish notice of the submission, as required by
§
RSA 15.5 of this
title (relating to Public Notice). Notice must be published in the community
where the current home office of the bank is located and in the community of
the proposed home office.
(2) The
notice must contain the content required by §
RSA
15.5(b) of this title, the
current home office address, and the proposed home office
address.
(e) Public
comment and protest. For 14 days after publication of the notice or longer if
the banking commissioner allows more time for good cause shown, the public may
submit written comments or protests regarding an application under subsection
(b) of this section. There is no fee or cost for submitting a comment, but
persons commenting are not entitled to further notice of or participation in
the proceedings. In the event of a properly filed protest, each protesting
party has the rights and responsibilities of a protesting party to a branch
application under §
RSA
15.42 of this title.
(f) Certificate of Formation. An amendment to
the certificate of formation of the state bank is not required to effect a
change in the location of its home office. However, if the certificate of
formation is subsequently amended or restated, the resulting certificate of
formation must include the bank's current home office address.
