Current through Reg. 49, No. 38; September 20, 2024
(a) Types of fees. Subsection (b) of this
section contains filing fees for specified applications and notices submitted
to the department, and subsection (c) of this section requires a fee for
protesting an application. These fees are due at the time the application or
protest is submitted. Subsection (d) of this section requires an investigation
fee to be paid in certain cases once an application has been accepted by the
department for filing, and in other cases may require payment of investigative
costs upon written request of the department. Pursuant to subsection (e) of
this section, an applicant may seek waiver or reduction of required
fees.
(b) Filing fees.
Simultaneously with a submitted application or notice, an applicant shall pay
to the department:
(1) $10,000 for an
application for trust company charter pursuant to Finance Code, §
RSA
182.003;
(2) $5,000 for an application for conversion
of exempt trust company to non-exempt pursuant to Finance Code, §
RSA
182.011(d);
(3) $7,500 for an application to authorize a
merger or share exchange pursuant to Finance Code, §
RSA
182.302, and §
RSA
21.64 of this title (relating to Application
for Merger or Share Exchange), or $4,000 for an application accepted for
expedited treatment pursuant to §
RSA 21.63 of
this title (relating to Expedited Filings);
(4) $2,000 for each request to authorize an
additional merger if more than one affiliated merger is to occur
simultaneously;
(5) $5,000 for an
application to authorize a purchase of assets pursuant to Finance Code, §
RSA
182.401, if the purchase price exceeds an
amount equal to three times the sum of the trust company's equity capital less
intangible assets;
(6) $2,500 for
an application to authorize the sale of substantially all assets pursuant to
Finance Code, §
RSA
182.405;
(7) $1,000 for a subsidiary notice letter
pursuant to Finance Code, §
RSA
184.103(c), plus an amount
up to an additional $3,500 if the banking commissioner notifies the applicant
that additional information and analysis is required;
(8) $10,000 for an application regarding
acquisition of control pursuant to Finance Code, §
RSA
183.002, or $5,000 if the applicant has
previously been approved to control another trust company and no material
changes in the applicant's circumstances have occurred since the prior
approval;
(9) $500 for a notice to
change home office with no abandonment of existing office pursuant to Finance
Code, §
RSA
182.202(c), and §
RSA
21.41(a) of this title
(relating to Written Notice and Application for Change of Home
Office);
(10) $2,000 for an
application to relocate the home office with abandonment of existing office
pursuant to Finance Code, §
RSA
182.202(d), and §
RSA
21.41(b) of this title, or
$1,000 for an application accepted for expedited treatment pursuant to §
RSA 21.3 of
this title (relating to Expedited Filings);
(11) $500 for a notice of additional office
pursuant to Finance Code, §
RSA
182.203(a), and §
RSA
21.42 of this title (relating to
Establishment, Relocation and Closing of an Additional Office), plus an
additional $1,500 if the banking commissioner notifies the applicant pursuant
to Finance Code, §
RSA
182.203(b), and §
RSA
21.42(c) of this title that
additional information and analysis is required;
(12) $500 for an application for release from
a final removal or prohibition order pursuant to Finance Code, §
RSA
185.0071;
(13) $300 for an application to amend a trust
company charter (certificate of formation) pursuant to Finance Code, §
RSA
182.101;
(14) $2,500 for an application to authorize a
reverse stock split subject to the substantive provisions of §
RSA
21.92 of this title (relating to Amendment of
Certificate to Effect a Reverse Stock Split);
(15) $100 for a request for a "no objection"
letter to use a name containing a term listed in Finance Code, §
RSA
181.004, by an entity other than a depository
institution or a trust company;
(16) $1,000 for an application to authorize
acquisition of treasury stock pursuant to Finance Code, §
RSA
184.102, and §
RSA
21.91 of this title (relating to Acquisition
and Retention of Shares as Treasury Stock);
(17) $1,000 for an application to authorize
an increase or reduction in capital and surplus pursuant to Finance Code,
§
RSA
182.103;
(18) $2,500 for an application by an existing
trust company for exemption pursuant to Finance Code, § 182.012, and
§
RSA
21.24 of this title (relating to Exemptions
for Family Trust Companies);
(19)
$2,500 for an application for authority to accept deposits pursuant to Finance
Code, §§
RSA
182.101,
RSA 184.301, and
RSA
184.302, and §
RSA
21.31 of this title (relating to Notice to
Engage in Trust Deposits);
(20)
$100 for the annual certification filing for an exempt trust company pursuant
to Finance Code, §
RSA
182.013;
(21) $10,000 for an application to convert
from a trust institution to a state trust company pursuant to Finance Code,
§
RSA
182.502; and
(22) $500 for a request to the banking
commissioner to exempt an acquisition of control transaction from the
requirements of Finance Code, §
RSA
183.001, pursuant to Finance Code, §
RSA
183.001(d)(4), which fee
will be applied to a subsequent application for approval of an acquisition of
control if the exemption is denied.
(d) Investigative fees and costs. An
applicant for a trust company charter, conversion from an exempt trust company
to a non-exempt trust company or limited trust association, or conversion of a
trust institution to a state trust company shall pay an investigation fee of
$10,000 once the application has been accepted for filing. If required by the
banking commissioner, an applicant under another type of application or filing
listed in subsection (b) of this section shall pay the reasonable investigative
costs of the department incurred in any investigation, review, or examination
considered appropriate by the department, calculated as provided by §
RSA
17.22(a) of this title
(relating to Examination and Investigation Fees). Such investigation fee or
costs must be paid by the applicant upon written request of the department.
Failure to timely pay the investigation fee or a bill for investigative costs
constitutes grounds for denial of the submitted or accepted filing.
(e) Reduction or waiver of fees. Fees paid
are nonrefundable and the banking commissioner shall charge fees on a
consistent and nondiscriminatory basis. However, in the exercise of discretion,
the banking commissioner may reduce, waive, or refund all or part of a filing
fee, investigation fee, or bill for investigative costs if the banking
commissioner concludes that:
(1) the
application demonstrates that the fee creates an unreasonable hardship on the
applicant; or
(2) the nature of the
application will result in substantially reduced processing time compared to
normal expectations for an application of that type.
