N.H. Rev. Stat. § 383:11

Current through Chapter 381 of the 2024 Legislative Session

Section 383:11 - Examination Costs

I. The commissioner shall charge and collect from each entity, the condition and management of which he or she examines under the provisions of RSA 383:9, the actual cost of travel, lodging, meals, and other expenses of examination personnel employed in making examinations under this section plus an examination fee, which shall be calculated as a sum equal to the product of the average daily rate of overall salary costs, including the benefits portion thereof, and expenses of all personnel employed in making examinations under the provisions of RSA 383:9, multiplied by the number of personnel days devoted to the examination of the particular entity, provided, however, that no such entity shall be charged or pay for less than one full day. Sums collected under this section shall be payable to the state treasurer as restricted revenue and credited, in accordance with the department's accounting unit designation, to the appropriation for the commissioner or the consumer credit administration division.

II. If, after the close of each fiscal year, there remains any deficiency between the sums collected under paragraph I, combined with the other fees, fines, and penalties collected by the department during the fiscal year just closed, and actual department expenditures for the fiscal year just closed, the commissioner shall make an assessment of the entities as follows:

(a) From banks, credit union, and trust companies. Each state-chartered depository bank, trust company, credit union, or similar entity, except family trust companies, shall be charged and pay such proportion of said balance applicable to the entity under the department's accounting unit designation, as its total assets bear to the total assets of all entities as shown by their reports to the commissioner as of June 30 preceding such charges, except that the percent of the fiduciary assets used in the calculation of the total assets of each entity and all entities shall be determined as follows:

(1) Fiduciary assets up to $5,000,000,000 shall be calculated at 25 percent;

(2) Fiduciary assets that are between $5,000,000,001 and $10,000,000,000, shall be calculated at 20 percent;

(3) Fiduciary assets that are between $10,000,000,001 and $15,000,000,000, shall be calculated at 15 percent;

(4) Fiduciary assets that are between $15,000,000,001 and $20,000,000,000, shall be calculated at 10 percent;

(5) Fiduciary assets that are between $20,000,000,001 and $25,000,000,000, shall be calculated at 5 percent;

(6) Fiduciary assets that are between $25,000,000,001 and $50,000,000,000, shall be calculated at 2.5 percent;

(7) Fiduciary assets that are $50,000,000,001 or more, shall be calculated at one percent.

(8) For purposes of this section, "fiduciary assets" means those assets reported in accordance with RSA 383-A:5-510, except that the term excludes any fiduciary asset that the entity holds, manages, or administers under an agreement with a New Hampshire family trust company.

(b) From family trust companies. Each family trust company shall be charged and pay such proportion of said balance applicable to all banks, credit unions, and trust companies under the department's accounting unit designation, as its total assets bear to the total assets of the entities as shown by their reports to the commissioner as of June 30 preceding such charges, except that the percent of the fiduciary assets used in the calculation of the total assets of each family trust company shall be equal to 5 percent of its fiduciary assets as reported on its report to the commissioner as of June 30 of the year preceding the charges; however, the minimum amount chargeable shall be $3,000 and the maximum amount chargeable shall be established by the commissioner by rule, but shall not exceed 5 percent of the total assessment for that year.

(c) From consumer credit division entities. Each entity subject to the supervision of the commissioner under the provisions of RSA 361-A, RSA 397-A, RSA 399-A, RSA 399-D, and RSA 399-G, shall be charged and shall pay such proportion of the balance applicable to the consumer credit administration division under the department's accounting unit designation as the gross revenue received from the total dollar volume of loans made, originated, funded, or brokered, or debt adjustment contracts entered into, or mortgage servicing fees received or money transmitted from each entity's New Hampshire business bears to the total gross revenue received from the total dollar volume of the loans made, originated, funded, or brokered, or debt adjustment contracts entered into, or mortgage servicing fees received, or money transmitted, from New Hampshire business by all entities during the preceding calendar year ending December 31, as shown by their reports to the commissioner.

III. Except for entities supervised under RSA 361-A, RSA 397-A, RSA 399-A, RSA 399-D and RSA 399-G where the individual regulatory chapter specifies a shorter time, payments of the charges provided for by paragraphs I and II shall be made within 60 days after the entity's receipt of the notice of the charge.

IV. Any excess collected in any fiscal year under the provisions of this section shall be used to reduce the sum required to be collected in the next succeeding fiscal year.

V. A state chartered institution that is dissolved or converted before the close of a fiscal year, shall be responsible for payment of its pro rata share of the assessment for that fiscal year. Prior to approving the dissolution or conversion of the institution, the commissioner, in the commissioner's discretion, shall either:

(a) Impose requirements to ensure payment of the assessment after the approval of the dissolution or conversion; or

(b) Collect payment of the assessment as calculated under paragraph II prior to approval of the dissolution, or if the calculation of the assessment is not yet available and the commissioner determines the last assessment imposed as well as the institution's share of the last assessment imposed, is reflective of the institution's obligation for the current fiscal year, the commissioner may instead collect payment of the assessment based on a pro rata portion of the last assessment imposed on the institution.

RSA 383:11

Amended by 2021 , 194: 21, eff. 10/9/2021.

Amended by 2019 , 168: 7, eff. 9/8/2019.

Amended by 2018 , 184: 1, eff. 8/7/2018.

Amended by 2017 , 103: 3, eff. 8/7/2017.

Amended by 2016 , 289: 2, eff. 8/20/2016.

Amended by 2015 , 272: 13, eff. 7/1/2015.

Amended by 2013 , 144: 96, eff. 7/1/2013.

Amended by 2012 , 247: 4, eff. 8/17/2012.

1953, 248:1; 249:1. RSA 383:11. 1967, 101:2. 1971, 557:60. 1988, 220:3. 1989, 163:1. 1991, 84:3. 1994, 330:3, 4. 1995, 253:2; 283:4. 1997, 194:2. 1998, 139:2. 1999, 269:1. 2005, 255 : 44 . 2006, 303 : 8 . 2008, 205 : 12 , 13. 2012, 247 : 4 . 2013, 144 : 96 . 2015, 272 : 13 . 2016, 289 : 2 , eff. Aug. 20, 2016. 2017, 103 : 3 , eff. Aug. 7, 2017. 2018, 184 : 1 , eff. Aug. 7, 2018. 2019, 168 : 7 , eff. Sept. 8, 2019. 2021, 194 : 21 , eff. Oct. 9, 2021.