§412:3-603  Procedure for applications pursuant to this part.  Whenever the written approval of the commissioner is required with respect to any transaction covered by this part, the following procedures shall apply:

     (1)  An application for approval by the commissioner pursuant to this part shall be on a form prescribed by the commissioner and shall contain any information, data, and records as the commissioner may require, and shall be accompanied by a nonrefundable application fee assessed pursuant to section 412:2-105.2.  As far as possible consistent with the effective discharge of the commissioner's responsibilities, the commissioner shall prescribe the use of forms currently prescribed by the appropriate federal regulatory agency of financial institutions and financial institution holding companies for identical or similar types of transactions;

     (2)  If any material change occurs in the facts set forth in an application, or if for any other reason the applicant desires to amend the application, an amendment setting forth any change, together with copies of all documents and other material relevant to the change, shall be filed with the commissioner.  Within twenty days after receiving an application or any amendment thereto, the commissioner may request any additional information necessary in deciding whether to approve a proposed transaction pursuant to this part.  The applicant shall submit the additional information in a reasonable time thereafter, as may be specified by the commissioner;

     (3)  If the commissioner would approve a plan of conversion, merger, or consolidation, an acquisition of assets or assumption of liabilities, an acquisition of control, or a voluntary cessation of business or voluntary dissolution, but on terms different than contained in the application, the commissioner may give notice to the applicant of the nature of the changes that would be approved, and the applicant may submit an amended application;

     (4)  If the commissioner intends to disapprove an application, the commissioner shall deliver to the applicant a written notice of the intent to disapprove.  Within ten days after receipt of the commissioner's notice of intent to disapprove an application, the applicant may request an administrative hearing, to be held in accordance with chapter 91.  If no request for a hearing is made, the commissioner's disapproval shall become final.  If after the hearing the commissioner finally disapproves the application, the applicant may, within thirty days of the date of the final decision, appeal to the circuit court as provided in chapter 91;

     (5)  Notwithstanding any other provision of this part, any complete application that is not approved or denied by the commissioner within a period of sixty days after the application is filed with the commissioner or, if the applicant consents to an extension of the period within which the commissioner may act, within the extended period, shall be deemed to be approved by the commissioner as of the first day after the period of sixty days or the extended period.  If the commissioner gives notice of an informational and comment proceeding on the application, the sixty-day period shall be extended to a date as may be fixed by order of the commissioner.  For purposes of this section, an application is deemed to be filed with the commissioner at the time when the complete application, including any amendments or supplements, containing all of the information in the form required by the commissioner, is received and accepted by the commissioner; and

     (6)  Any applicant submitting information to the commissioner pursuant to this part may request that the information, or any part thereof, be kept confidential.  The request shall be made in writing and shall set forth the specific items sought to be kept confidential and the reasons and authority for the confidential treatment.  The commissioner may, pursuant to a request or otherwise, determine that good cause exists to keep some or all of the information confidential, and shall keep the information confidential and not subject to public disclosure.  In connection with an application for the acquisition of control pursuant to section 412:3-612, the commissioner may release information to the affected financial institution or financial institution holding company with a directive that some or all of the information be kept confidential. [L 1993, c 350, pt of §1; am L 1994, c 107, §12; am L 2013, c 172, §18]


Rules of Court


  Appeals, see HRCP rule 72.



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