Section 384:60-a Examination of Out-of-State Banks and Bank Holding Companies. - New Hampshire Statutes

   I. The commissioner is hereby authorized to examine New Hampshire branches of out-of-state banks. The commissioner may, as an adjunct to such authority, enter into agreements with out-of-state state bank regulatory agencies or federal bank regulatory agencies or both to examine or participate in the examination of New Hampshire offices or out-of-state offices of out-of-state banks and out-of-state bank holding companies. Notwithstanding RSA 98-B:5, or any other provision of law to the contrary, the commissioner is authorized to permit one or more banking department employees to travel outside the state of New Hampshire for purposes of conducting or participating in the examination of such out-of-state bank or bank holding company without the necessity of obtaining the separate consent of the governor and executive council for such out-of-state travel. The commissioner is further authorized to enter into agreements with out-of-state state and federal bank regulatory agencies for purposes of sharing and protecting the confidentiality of any New Hampshire banking department examination report, workpapers or other examination information and the examination report, workpapers or other examination information of the out-of-state state or federal bank regulatory agency.
   II. The cost of any examination conducted pursuant to paragraph I shall be the same as that provided by RSA 383:11, I, except that the actual cost of travel, lodging, meals and other expenses of examination personnel employed in making examinations pursuant to the provisions of paragraph I shall be chargeable to the out-of-state bank or out-of-state bank holding company examined and shall be paid by such institution in addition to the per diem charge for examination personnel set forth in RSA 383:11, I.
   III. The commissioner and examination personnel making an examination, either individually or as a group, may mutually agree to flexible or alternative work schedules, similar to Federal Deposit Insurance Corporation and Federal Reserve Bank examiner work schedules, that will permit banking department examiners assigned to an out-of-state examination to work less than 5 days per calendar week, provided that any such examiner shall work no less than 75 hours per scheduled pay period. Neither the commissioner nor any employee affected hereby shall be required or compelled, as a condition of continued employment or otherwise, to consent to such flexible or alternative work schedule. The commissioner shall be entitled to establish policies that set forth the number of hours in each work day and the days of the week that constitute work days, or other conditions applicable to flexible and alternative work schedules, and any such flexible or alternative work schedule agreements entered into between the commissioner and examiners shall be subject to such policies.

Source. 1997, 187:1, eff. June 18, 1997.