2013 New Hampshire Revised Statutes
Title XXXV - BANKS AND BANKING; LOAN ASSOCIATIONS; CREDIT UNIONS
Chapter 386-A - INCORPORATION OF SAVINGS BANKS
Section 386-A:4 - Petition.

    386-A:4 Petition. –
    I. A petition requesting approval of the proposed incorporation shall be filed with the bank commissioner. The petition shall be upon such form as may be prescribed by the bank commissioner and shall contain all the information required by such form, signed and verified under oath by the incorporators, to which shall be annexed a signed duplicate of the articles of agreement. An examination fee of $1,500 shall be paid when the petition is filed. Sums collected under this section shall be payable to the state treasurer as restricted revenue and credited to the appropriation for the bank commissioner. The bank commissioner shall examine and investigate each petition as he or she considers expedient. The commissioner may, upon request of any interested person or corporation or at his or her own discretion, order a public hearing, or may approve said petition without a hearing. The petitioners shall cause to be published such notices relating to the petition as the commissioner may order.
    II. The commissioner shall adopt rules, pursuant to RSA 541-A, relative to the petition required by paragraph I.
    II. (a) The department may complete a background investigation and criminal history records check on the petitioner's organizers, officers, and directors, trustees, or managers and any person in a similar position or performing similar functions. The department may also complete a background investigation and criminal history records check on any person, including an individual, that owns, beneficially owns, has the right to vote, or has the power to sell or direct the sale of 10 percent or more of the petitioner. If the petitioner is a subsidiary, the department may complete a background investigation and criminal history records check on the individuals who are the indirect owners, as defined in RSA 397-A:1, VIII-a.
       (b) If required by the department, the persons described in subparagraph (a) shall submit to the department a notarized criminal history records release form, as provided by the New Hampshire department of safety, division of state police, which authorizes the release of the person's criminal records, if any. The person shall submit with the release form a complete set of fingerprints taken by a qualified law enforcement agency or an authorized employee of the banking department. In the event that the first set of fingerprints is invalid due to insufficient pattern, a second set of fingerprints is necessary in order to complete the criminal history records check. If, after 2 attempts, a set of fingerprints is invalid due to insufficient pattern, the department may, in lieu of the criminal history records check, accept police clearances from every city, town, or county where the person has lived during the past 5 years.
       (c) The department shall submit the criminal history records release form to the division of state police which shall conduct a criminal history records check through its records and through the Federal Bureau of Investigation. Upon completion of the background investigation, the division of state police shall release copies of the criminal conviction records to the department. The department shall maintain the confidentiality of all criminal history records information received pursuant to this paragraph.
       (d) The department may require the petitioner to pay the actual costs of each background investigation and criminal history records check.
    III. The commissioner shall adopt rules, pursuant to RSA 541-A, relative to the petition required by paragraph I.

Source. 1965, 279:1. 1973, 504:3. 1977, 563:6. 1985, 55:12. 1988, 220:8, eff. June 28, 1988. 2013, 56:8, eff. July 4, 2013; 238:13, eff. Sept. 13, 2013.