Section 383:11 Payment of Cost of Examination.
The bank commissioner shall, each fiscal year, charge and collect from the institutions, the condition and management of which he or she is required to examine under the provisions of RSA 383:9, and which he or she supervises under the provisions of RSA 361-A, RSA 397-A, RSA 397-B, RSA 399-A, RSA 399-D, and RSA 399-G, the total amount appropriated for the bank commissioner's department. Said sum shall be collected as follows:
I. From each such institution examined a sum equal to the product of the average daily rate of overall salary costs, including the benefits portion thereof, and expenses of all examining personnel employed in making examinations pursuant to the provisions of RSA 383:9, multiplied by the number of personnel days devoted to the examination of the particular institution, provided, however, that no such institution 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 banking department's program appropriation unit designation, to the appropriation for the bank commissioner or the consumer credit administration division.
II. The balance of said sum remaining after the charges provided for in paragraph I have been deducted from the total sum shall be charged and collected as follows:
(a) From banks and credit unions. Each state-chartered savings bank, commercial bank, trust company, cooperative bank, building and loan association, credit union, Morris Plan bank, or similar institution required to be examined under the provisions of RSA 383:9 shall be charged and pay such proportion of said balance applicable to such institutions under the banking department's program appropriation unit designation, as its total assets bear to the total assets of all such institutions 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 institution and all such institutions 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 $5,000,000,000 and $10,000,000,000, shall be calculated at 20 percent;
(3) Fiduciary assets that are between $10,000,000,000 and $15,000,000,000, shall be calculated at 15 percent;
(4) Fiduciary assets that are between $15,000,000,000 and $20,000,000,000, shall be calculated at 10 percent;
(5) Fiduciary assets that are between $20,000,000,000 and $25,000,000,000, shall be calculated at 5 percent;
(6) Fiduciary assets that are between $25,000,000,000 and $50,000,000,000, shall be calculated at 2.5 percent;
(7) Fiduciary assets that are $50,000,000,000 or more, shall be calculated at one percent.
(b) From non-depository lenders, debt adjusters, money transmitters, and brokers. Each licensee and registrant subject to the supervision of the bank commissioner under the provisions of RSA 397-A, RSA 397-B, RSA 399-A, RSA 399-D, RSA 399-G, and sales finance companies under RSA 361-A, shall be charged and shall pay such proportion of said balance applicable to the consumer credit administration division under the banking department's program appropriation 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 licensee's New Hampshire business bears to the total gross revenue received from the total dollar volume of all such 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 such licensees during the preceding calendar year ending December 31, as shown by their annual reports to the commissioner.
III. Payments of the charges provided for by paragraphs I and II shall be made within 60 days of receipt of the notice thereof.
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.
Source. 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, eff. Sept. 12, 2005. 2006, 303:8, eff. Aug. 18, 2006. 2008, 205:12, 13, eff. Aug. 15, 2008.