reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title XXXVI - Pawnbrokers and Moneylenders › Chapter 399-A - Regulation of Small Loans, Title Loans, and Payday Loans › Section 399-A:12 - Consumer Inquiries.

399-A:12 Consumer Inquiries. –
I. Consumer complaints naming licensees under this chapter, which are filed in writing with the office of the commissioner, shall be forwarded via electronic mail or certified or registered mail to the licensee for response within 10 days of receipt by the department. Licensees shall, within 10 days after receipt of such complaint, send a written acknowledgment thereof to the consumer and the banking department. Not later than 30 days following receipt of such complaint, the licensee shall conduct an investigation of the complaint and either:
(a) Make appropriate corrections in the account of the consumer and transmit to the consumer and the banking department written notification of such corrections, including documentary evidence thereof; or
(b) Transmit a written explanation or clarification to the consumer and the banking department which sets forth, to the extent applicable, the reasons why the licensee believes its actions are correct, including copies of documentary evidence thereof.
II. A licensee who fails to respond to consumer complaints as required by this section within the time prescribed shall pay to the commissioner a penalty of $50 for each day such response is overdue. For purposes of this section, the date of transmission shall be the date such response is received by the commissioner.
III. (a) Licensees which, because of extenuating circumstances beyond the control of the licensee, are unable to comply with the time frames prescribed in this section, may make written request to the commissioner for a waiver of such time frames. Waivers shall not be granted or considered unless the request for the waiver:
(1) Is received by the banking department within 20 calendar days following the licensee's receipt of the complaint;
(2) Specifies the reason for the request; and
(3) Specifies a date certain by which the licensee shall comply with the provisions of this section.
(b) Requests for waivers shall be either granted or denied within 5 calendar days of receipt by the banking department.
Source.
2015, 73:1, eff. Jan. 1, 2016. 2018, 207:6, 7, eff. Aug. 7, 2018. 2021, 194:26, eff. Oct. 9, 2021.
2023 New Hampshire Revised Statutes › Title XXXVI - Pawnbrokers and Moneylenders › Chapter 399-A - Regulation of Small Loans, Title Loans, and Payday Loans › Section 399-A:14 - Prohibitions; Fraud and Dishonesty.

399-A:14 Prohibitions;  Fraud and Dishonesty. –
I. No person in connection with engaging in the business of a small loan lender, directly or indirectly shall:
(a) Employ any device, scheme, or artifice to defraud;
(b) Make any untrue statement of a material fact or to omit to state a material fact necessary in order to make the statements made, in light of the circumstances under which they are made, not misleading;
(c) Engage in any act, practice, or course of business which operates or would operate as a fraud or deceit upon any person;
(d) Make fraudulent misrepresentations or circumvent or conceal any material information required to be provided to a borrower under the provisions of this chapter; or
(e) Engage in dishonest or unethical practices in conducting the business of making or collecting small loans.
II. No person shall make or cause to be made in any document filed under this chapter or in any proceeding under this chapter:
(a) Any statement which is, at the time and in the light of the circumstances under which it is made, false or misleading in any material respect; or
(b) In connection with such statement, to omit to state a material fact necessary in order to make the statements made, in light of the circumstances under which they are made, not misleading.
Source.
2015, 73:1, eff. Jan. 1, 2016.
2023 New Hampshire Revised Statutes › Title XXXVI - Pawnbrokers and Moneylenders › Chapter 399-A - Regulation of Small Loans, Title Loans, and Payday Loans › Section 399-A:16 - Small Loans Other Than Payday Loans or Title Loans.

399-A:16 Small Loans Other Than Payday Loans or Title Loans. –
The following provisions are applicable only to small loans other than payday loans or title loans:
I. The annual percentage rate for small loans shall not exceed 36 percent. Notwithstanding the federal definition of annual percentage rate, for purposes of calculating annual percentage rate, the finance charge shall exclude one application fee not to exceed $100 per borrower per year and one participation or membership fee not to exceed $100 per borrower per year.
II. A lender may lend in money, goods, or things of value upon such security not prohibited by RSA 399-A:15, IX as may be agreed upon, and in connection with any such loan, may contract for, exact, or receive, directly or indirectly, charges, whether for interest, compensation, brokerage, endorsement fees, consideration, expense, or otherwise, on the entire principal of the loan.
III. No small loan lender shall permit any person to be obligated to him or her on multiple small loans the total principal balance of which is more than $10,000.
IV. For the purpose of applying paragraphs II and III of this section only,small loan lendershall mean any single small loan lender, except that in the event any person or affiliated group of persons holds more than one small loan lender license, such person or affiliated group of persons shall be considered a single small loan lender.
V. No small loan lender shall induce any potential borrower who is not a loan customer of the lender to enter into a closed-end loan agreement, by delivering in the first instance a negotiable check for such loan to such potential borrower, without including the following information clearly printed on the endorsement side of the check:
(a) A statement which reads, "By endorsing this check, you become legally liable for repaying all moneys, including interest, as specified in the following loan agreement/disclosure statement";
(b) The amount financed;
(c) The annual percentage rate;
(d) The number of installments; and
(e) The amount of each installment payment.
VI. If a borrower desires to renew an existing small loan for obtaining additional cash a new contract shall be drawn up in its entirety and such prior loan shall be paid in full from such proceeds of the new loan. All legal papers in connection with such prior loan shall be stamped "PAID IN FULL" and returned to such borrower.
VII. Notwithstanding RSA 399-A:1, XXI(b) or any other provision of law, a loan with a contractual term of 6 months or longer with an annual percentage rate not exceeding 36 percent, as calculated under RSA 399-A:16, I, shall not be a title loan or a payday loan.
Source.
2015, 73:1. 2016, 180:1, 2, eff. Aug. 2, 2016. 2018, 196:10, eff. Aug. 7, 2018.
2023 New Hampshire Revised Statutes › Title XXXVI - Pawnbrokers and Moneylenders › Chapter 399-A - Regulation of Small Loans, Title Loans, and Payday Loans › Section 399-A:18 - Title Loan Lenders.

399-A:18 Title Loan Lenders. –
I. No title loan lender shall:
(a) Charge the consumer more than one fee for dishonored checks when the consumer issues more than one check to the title loan lender. However, the title loan lender may recover from the consumer any fee charged to the lender by an unaffiliated financial institution for each dishonored check.
(b) Make more than one outstanding title loan that is secured by one title.
(c) Make a title loan without providing the borrower within the title loan agreement the right to cancel the title loan at any time before the close of business of the next business day following the date of the transaction by repaying to the title loan lender in cash the amount advanced to the borrower.
(d) Offer, advertise, or make a title loan with a rate of interest that is lower in the original period than in subsequent renewals.
(e) Make a title loan to a borrower who currently has or had an outstanding payday or title loan within the previous 60 day period. As part of its application process for such a title loan, a title loan lender shall obtain a written statement under oath from the borrower certifying the borrower does not currently have an outstanding and has not had an outstanding payday loan or title loan within the previous 60-day period.
(f) Charge interest at higher than 25 percent per month, however actual costs incurred by the title loan lender pursuant to RSA 399-A:15, XI may be passed through to the borrower.
II. Each title loan lender shall maintain an office in this state that is accessible to consumers.
Source.
2015, 73:1, eff. Jan. 1, 2016.
2023 New Hampshire Revised Statutes › Title XXXVI - Pawnbrokers and Moneylenders › Chapter 399-A - Regulation of Small Loans, Title Loans, and Payday Loans › Section 399-A:19 - Title Loan Renewals.

399-A:19 Title Loan Renewals. –
I. A title loan shall be for an original term of no more than one month.
II. A title loan lender may allow such loan to be renewed no more than 9 additional periods each equal to the original term, provided however, that at each such renewal the borrower shall pay at least 10 percent of the title loan's original principal balance in addition to any finance charge owed, to reduce the principal balance outstanding. No action shall be required of the borrower to renew the loan.
III. If the borrower cannot pay this principal reduction at any renewal, the title loan lender shall either: (a) declare the borrower in default; or (b) allow the loan to be renewed, provided that, in either event, the lender shall reduce the current principal amount of the loan by 10 percent of the original principal amount for the purposes of calculating interest thereafter. This reduction in principal shall continue to be owed by the borrower, but such amount shall not be entitled to accrue interest thereafter. No interest shall accrue on a title loan 60 days after the borrower has been declared in default, unless the borrower cures such default.
IV. No accrued interest shall be capitalized or added to the principal of the title loan at the time of any renewal.
Source.
2015, 73:1, eff. Jan. 1, 2016. 2018, 206:1, eff. Aug. 7, 2018.
2023 New Hampshire Revised Statutes › Title XXXVI - Pawnbrokers and Moneylenders › Chapter 399-A - Regulation of Small Loans, Title Loans, and Payday Loans › Section 399-A:21 - Order to Show Cause.

399-A:21 Order to Show Cause. –
I. The commissioner may issue an order requiring a person to whom any license has been granted or any person under the commissioner's jurisdiction to show cause why the license should not be revoked, suspended, or penalties imposed, or both, for violations of this chapter.
II. (a) The order shall give reasonable notice of the opportunity for a hearing and shall state the reasons for the issuance of the order.
(b) Valid delivery of such order shall be by hand or certified mail at the last known principal office of the licensee or respondent or to a principal, control person, or legal representative of the licensee or respondent.
(c) A hearing, if requested, shall be scheduled not later than 10 calendar days after the written request for such hearing is received by the commissioner.
(d) Within 20 calendar days from the date of the hearing the commissioner shall enter an order making such disposition of the matter as the facts require.
(e) If the person to whom an order to show cause is issued fails to appear at a hearing after being duly notified, such person shall be deemed in default, and the proceeding may be determined against him or her upon consideration of the order to show cause, the allegations of which may be deemed to be true.
(f) If the person to whom an order to show cause or other order is issued fails to request a hearing within 30 calendar days of receipt or valid delivery of the order and no hearing is ordered by the commissioner, then such person shall be deemed in default, and the order shall, on the 31st day, become permanent, and shall remain in full force and effect until and unless later modified or vacated by the commissioner, for good cause shown.
III. The department may take action for immediate suspension of a license, pursuant to RSA 541-A:30, III.
IV. If a licensee is a partnership, association, corporation, or entity however organized, it shall be sufficient cause for the suspension or revocation of a license that any officer, director, or trustee of a licensed association or corporation or any member of a licensed partnership has so acted or failed to act in behalf of said licensee as would be cause for suspending or revoking a license to such party as an individual.
Source.
2015, 73:1, eff. Jan. 1, 2016.
2023 New Hampshire Revised Statutes › Title XXXVI - Pawnbrokers and Moneylenders › Chapter 399-A - Regulation of Small Loans, Title Loans, and Payday Loans › Section 399-A:22 - Cease and Desist Orders.

399-A:22 Cease and Desist Orders. –
I. The department may issue a cease and desist order against any person who it has reasonable cause to believe has violated or is about to violate the provisions of this chapter or any rule or order under this chapter.
II. (a) The order shall be calculated to give reasonable notice of the opportunity for a hearing and shall state the reasons for the issuance of the order.
(b) Valid delivery of such order shall be by hand or certified mail at the last known principal office of the person.
(c) A hearing, if requested, shall be held not later than 10 days after the written request for such hearing is received by the commissioner.
(d) Within 20 days of the date of the hearing the commissioner shall issue a further order vacating the cease and desist order or making it permanent as issued or as amended by the commissioner.
(e) If the person to whom a cease and desist order is issued fails to appear at the hearing after being duly notified, such person shall be deemed in default, and the proceeding may be determined against him or her upon consideration of the cease and desist order, the allegations of which may be deemed to be true.
(f) If the person to whom a cease and desist order is issued fails to request a hearing within 30 calendar days of receipt or valid delivery of such order and no hearing is ordered by the commissioner, then such person shall likewise be deemed in default, and the order shall, on the 31
st day, become permanent, and shall remain in full force and effect until and unless later modified or vacated by the commissioner, for good cause shown.
III. If any person refuses to obey the commissioner's order, an action may be brought by the attorney general on the commissioner's behalf in any superior court in this state to enjoin such person from engaging in or continuing such violation or from doing any act or acts in furtherance of such violation. In any such action, an order or judgment may be entered awarding a temporary or permanent injunction, and awarding the commissioner or the attorney general or both costs in bringing such action. Any person who fails to comply with such injunction shall be subject to a fine not exceeding $10,000 or imprisonment, or both.
Source.
2015, 73:1, eff. Jan. 1, 2016.
2023 New Hampshire Revised Statutes › Title XXXVI - Pawnbrokers and Moneylenders › Chapter 399-A - Regulation of Small Loans, Title Loans, and Payday Loans › Section 399-A:24 - Consumer Credit Administration License Fund.

399-A:24 Consumer Credit Administration License Fund. –
The balance in the consumer credit administration license fund shall be transferred and shall be payable to the state treasurer as restricted revenue and credited to the appropriation for the commissioner, consumer credit administration division. Sums collected under this chapter shall be payable to the state treasurer as restricted revenue and credited to the appropriation for the commissioner, consumer credit administration division.
Source.
2015, 73:1, eff. Jan. 1, 2016.
2023 New Hampshire Revised Statutes › Title XXXVI - Pawnbrokers and Moneylenders › Chapter 399-B - Disclosure of Finance Charges › Section 399-B:1 - Definitions.

399-B:1 Definitions. –
Whenever used in this chapter the following words shall have the meaning set opposite them below:
I. "Credit" means any loan, residential mortgage, deed of trust, advance, or discount; any conditional sales contract; any contract to sell, or sale, or contract of sale of property or services, either for present or future delivery, under which part or all of the price is payable subsequent to the making of such sale or contract; any rental-purchase contract; any contract or arrangement for the hire, bailment, or leasing of property; any option, demand, lien, pledge, or other claim against, or for the delivery of, property or money; any purchase, discount, or other acquisition of, or any credit upon the security of, any obligation or claim arising out of any of the foregoing; and any transaction or series of transactions having a similar purpose or effect.
II. "Finance charges" includes charges such as interest, fees, service charges, discounts, and other charges associated with the extension of credit.
III. "Person" means any individual, partnership, association, corporation, or unincorporated organization.
Source.
1961, 245:7, eff. Aug. 30, 1961.
2023 New Hampshire Revised Statutes › Title XXXVI - Pawnbrokers and Moneylenders › Chapter 399-B - Disclosure of Finance Charges › Section 399-B:2 - Statement Required.

399-B:2 Statement Required. –
Any person engaged in the business of extending credit shall furnish to each person to whom such credit is extended, concurrently with the consummation of the transaction or agreement to extend credit, a clear statement in writing setting forth the finance charges, expressed in dollars, rate of interest, or monthly rate of charge, or a combination thereof, to be borne by such person in connection with such extension of credit as originally scheduled.
Source.
1961, 245:7, eff. Aug. 30, 1961.
2023 New Hampshire Revised Statutes › Title XXXVI - Pawnbrokers and Moneylenders › Chapter 399-B - Disclosure of Finance Charges › Section 399-B:2-a - Exception.

399-B:2-a Exception. –
A finance charge statement or disclosure in a consumer credit transaction, as defined in RSA 358-K:1, V, that is made in conformity with Federal Reserve Board Regulation Z, Truth in Lending, 12 CFR 226, as amended, or Regulation M, 12 CFR 213, as amended, shall be deemed to fulfill the finance charge statement requirements of RSA 399-B:2.
Source.
1997, 193:2. 1999, 16:6, eff. June 26, 1999.
2023 New Hampshire Revised Statutes › Title XXXVI - Pawnbrokers and Moneylenders › Chapter 399-B - Disclosure of Finance Charges › Section 399-B:3 - Prohibition.

399-B:3 Prohibition. –
No person shall extend credit in contravention of this chapter.
Source.
1961, 245:7, eff. Aug. 30, 1961.
2023 New Hampshire Revised Statutes › Title XXXVI - Pawnbrokers and Moneylenders › Chapter 399-B - Disclosure of Finance Charges › Section 399-B:4 - Penalty.

399-B:4 Penalty. –
Whoever wilfully violates any provision of RSA 399-B shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.
Source.
1961, 245:7. 1973, 528:272, eff. Oct. 31, 1973 at 11:59 p.m.
2023 New Hampshire Revised Statutes › Title XXXVI - Pawnbrokers and Moneylenders › Chapter 399-B - Disclosure of Finance Charges › Section 399-B:5 - Additional Purchases.

399-B:5 Additional Purchases. –
Where a buyer makes any subsequent purchases of consumer goods from a seller from whom he has previously purchased goods or services under one or more conditional sales contracts, and the amounts under the contract or contracts have not been fully paid, the subsequent purchases may be included in and consolidated with one or more of the prior contract or contracts. A memorandum of the additional purchases shall be prepared by the seller, inserted in or attached to the seller's counterpart of the contract and shall set forth:
(a) A description of the additional goods or services so purchased;
(b) The consolidated total indebtedness of the buyer;
(c) The finance charge stating either as the additional amount on the subsequent purchase or as the total amount on the consolidated contract;
(d) The revised installment payments. A copy of the memorandum shall be furnished to the buyer.
Source.
1965, 376:1, eff. Sept. 6, 1965.
2023 New Hampshire Revised Statutes › Title XXXVI - Pawnbrokers and Moneylenders › Chapter 399-B - Disclosure of Finance Charges › Section 399-B:6 - Repossession Procedure.

399-B:6 Repossession Procedure. –
Prior to or after any action by the seller or his agents to repossess consumer goods under the terms of any such conditional sales contract or contracts involving both previous and subsequent purchases which have not been fully paid, the seller must retroactively allocate all payments received under the contract or contracts to the various purchases in the same proportion or ratio as the original cash prices of the various purchases bear to one another. However, the amount of initial or down payment involved in each purchase shall be allocated in its entirety to such purchase. The result of such allocation shall be reported to the buyer who has the right to complete payment on any of the purchases consolidated in the conditional sales contract within 15 days from receipt of the allocation report from the seller. Any purchases upon which the payments have been so completed are exempt from repossession by the seller. Provisions of this section do not apply to sales involving equipment, parts, or other merchandise attached or affixed to goods previously purchased or repairs or services rendered by the seller in connection therewith at the buyer's request.
Source.
1965, 376:1, eff. Sept. 6, 1965.
2023 New Hampshire Revised Statutes › Title XXXVI - Pawnbrokers and Moneylenders › Chapter 399-B - Disclosure of Finance Charges › Section 399-B:7 - Not to Apply to Liens Upon Real Estate.

399-B:7 Not to Apply to Liens Upon Real Estate. –
Conditional sales contracts do not include any instrument creating or involving liens against real estate or any interest in real estate.
Source.
1965, 376:1, eff. Sept. 6, 1965.
2023 New Hampshire Revised Statutes › Title XXXVI - Pawnbrokers and Moneylenders › Chapter 399-B - Disclosure of Finance Charges › Section 399-B:8 - Definition.

399-B:8 Definition. –
"Consumer goods" means goods bought for use primarily for personal, family, or household purposes, as distinguished from goods bought for commercial, industrial, or business use, and does not include motor vehicles, accessories, equipment, parts, or repairs, the installment sales and financing of which are regulated by RSA 361-A.
Source.
1965, 376:1, eff. Sept. 6, 1965.
2023 New Hampshire Revised Statutes › Title XXXVI - Pawnbrokers and Moneylenders › Chapter 399-C - Lenders of Money › Section 399-C:1 - Additional Fee or Charge for Substitution of Insurance Policy Prohibited.

399-C:1 Additional Fee or Charge for Substitution of Insurance Policy Prohibited. –
It shall be unlawful for any person, partnership, association, corporation, unincorporated organization, bank, or credit union, whether federally or state chartered, that makes a loan secured by real or personal property in connection with such a transaction, to make any separate or additional charge to, or to require any fee from, or to require the payment of any money by an insurance company, insurance agency, borrower, mortgagor, or purchaser, other than the insurance premium on insurance written as additional security for the loan, for the substitution by a borrower, a mortgagor, or a purchaser of one insurance policy on the property for an existing policy on the property, when the existing or substituted policy is provided through an insurance company or insurance agent or broker licensed to do business in this state. However, nothing in this section prevents the payment of interest which may be charged on premium loans or premium advancements in accordance with the security agreement.
Source.
1969, 79:1. 2015, 272:23, eff. Oct. 1, 2015.
2023 New Hampshire Revised Statutes › Title XXXVI - Pawnbrokers and Moneylenders › Chapter 399-C - Lenders of Money › Section 399-C:1-a - Inducement Check Disclosure.

399-C:1-a Inducement Check Disclosure. –
No person subject to the provisions of this chapter shall induce any potential borrower who is not a loan customer of the person to enter into a closed-end loan agreement, by delivering in the first instance a negotiable check for such loan to such potential borrower, without including the following information clearly printed on the endorsement side of the check:
I. A statement which reads, "By endorsing this check, you become legally liable for repaying all moneys, including interest, as specified in the following loan agreement/disclosure statement";
II. The amount financed;
III. The annual percentage rate;
IV. The number of installments; and
V. The amount of each installment payment.
Source.
2015, 272:24, eff. Oct. 1, 2015.
2023 New Hampshire Revised Statutes › Title XXXVI - Pawnbrokers and Moneylenders › Chapter 399-C - Lenders of Money › Section 399-C:2 - Penalty.

399-C:2 Penalty. –
Whoever violates any provision of this chapter shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.
Source.
1969, 79:1. 1973, 529:96, eff. Oct. 31, 1973 at 11:59 p.m.
2023 New Hampshire Revised Statutes › Title XXXVI - Pawnbrokers and Moneylenders › Chapter 399-D - Debt Adjustment Services › Section 399-D:2 - License Required.

399-D:2 License Required. –
Any person not exempt under RSA 399-D:3 that, in its own name or on behalf of other persons, engages in the business of debt adjustment in this state or with persons located in this state shall obtain a license from the department. Licensure in the state of New Hampshire under this chapter does not constitute a finding that the commissioner has passed in any way upon the merits or qualifications of such person or that the commissioner has recommended or given approval to any person. It is unlawful to make, or cause to be made, to any prospective purchaser, customer, or client any representation inconsistent with the provisions of this section. Any license fee required by this chapter shall be paid before a license becomes effective.
Source.
2016, 151:1, eff. Jan. 1, 2017.
2023 New Hampshire Revised Statutes › Title XXXVI - Pawnbrokers and Moneylenders › Chapter 399-D - Debt Adjustment Services › Section 399-D:3 - Exemptions.

399-D:3 Exemptions. –
The provisions of this chapter shall not apply to:
I. Any attorney admitted to the practice of law in this state, when engaged in such practice.
II. Any financial institution authorized to transact business in this state, which performs debt adjuster activity in the regular course of its principal business.
III. Any fiduciary subject to the jurisdiction of another agency, a court of competent jurisdiction, or subject to RSA 547 through RSA 567-A.
IV. Any employee of a licensee when performing duties in the regular course of employment.
V. Other persons not within the intent of this chapter as the commissioner may designate by rule or order.
Source.
2016, 151:1, eff. Jan. 1, 2017.
2023 New Hampshire Revised Statutes › Title XXXVI - Pawnbrokers and Moneylenders › Chapter 399-D - Debt Adjustment Services › Section 399-D:5 - License Grant and Renewal.

399-D:5 License Grant and Renewal. –
I. Upon the applicant's filing of the complete application, and payment of the required fee, the commissioner shall have, in accordance with RSA 541-A:29, up to 120 days to investigate and determine whether the applicant's financial resources, experience, personnel, and record of past or proposed conduct warrant the public's confidence and the issuance of a license.
II. If the commissioner determines that the applicant meets the requirements of this chapter, then the commissioner shall issue a license permitting the applicant to engage in the business of debt adjustment in accordance with the laws of this state.
III. Each license issued under the provisions of this chapter shall state the name and address of the principal office of the licensee and, if the license is a branch office license, the name and address of the branch office location for which the license is issued.
IV. If a licensee is a person other than a natural person, the license issued to it shall entitle all officers, directors, members, partners, trustees, and employees, to engage in the business of debt adjustment; provided that one officer, director, member, partner, employee, or trustee of such person shall be designated in the license as the individual to be contacted for purposes of this chapter.
V. If the licensee is a natural person, the license shall entitle all employees of the licensee to engage in the business of debt adjustment. For purposes of this paragraph, employee shall not include an independent contractor.
VI. A license issued under this chapter shall not be transferable or assignable between persons without obtaining the approval of the commissioner before the assignment or transfer.
VII. Each license shall remain in force until it has been surrendered, revoked, or suspended in accordance with the provisions of this chapter, or expires in accordance with the provisions of this chapter. Each license shall expire on December 31 of each calendar year.
VIII. If a person holds a valid license under this section and is in compliance with this chapter and the rules pursuant to this chapter, such licensee may renew the license by paying the required fee to the department on or before December 31 for the ensuing year that begins on January 1. Failure to renew the license shall result in the license terminating on December 31.
IX. A renewal fee shall be submitted with the application for renewal as follows:
(a) $500 for the principal office license; and
(b) $500 for each branch office.
Source.
2016, 151:1, eff. Jan. 1, 2017.
2023 New Hampshire Revised Statutes › Title XXXVI - Pawnbrokers and Moneylenders › Chapter 399-D - Debt Adjustment Services › Section 399-D:6 - License Denial or Abandonment; Appeal.

399-D:6 License Denial or Abandonment;  Appeal. –
I. If the commissioner determines that the applicant fails to meet the requirements of this chapter, the commissioner shall immediately, in writing, notify the applicant of that determination.
II. The commissioner may deny a license application if it is in the public interest and the applicant or the applicant's principal:
(a) Has filed an application for licensing which was incomplete in any material respect;
(b) Is the subject of an order entered within the past 5 years by this state, any other state, or federal regulator denying, suspending, or revoking a license or registration;
(c) Is permanently, preliminarily, or temporarily enjoined by any court of competent jurisdiction from engaging in or continuing any conduct or practice involving any aspect of lending, collection, or debt adjustment activities;
(d) Is not qualified on the basis of such factors as experience, knowledge, and financial integrity; or
(e) Should not be licensed for other good cause shown.
III. Applicants may appeal a license denial in accordance with RSA 541-A and rules of the commissioner adopted thereunder.
IV. Applicants may petition the banking department for a rehearing in accordance with RSA 541 if the decision in an appeal conducted pursuant to paragraph III affirms a denial of a license application.
V. The commissioner may deem abandoned and withdraw any application for licensure made pursuant to this chapter if the applicant fails to respond in writing within 180 calendar days to a written request from the commissioner requesting a response. Such request shall be sent via certified mail to the last known address of the applicant that is on file with the commissioner.
VI. No application for renewal shall be denied without reasonable cause and the right of appeal pursuant to RSA 541-A and RSA 541.
Source.
2016, 151:1, eff. Jan. 1, 2017.
2023 New Hampshire Revised Statutes › Title XXXVI - Pawnbrokers and Moneylenders › Chapter 399-D - Debt Adjustment Services › Section 399-D:7 - License Surrender.

399-D:7 License Surrender. –
I. A licensee who ceases to engage in the business of a debt adjuster at any time for any cause shall surrender such license and within 15 calendar days of such cessation:
(a) Publish a notice of such cessation in a newspaper of general circulation in the licensee's market area; and
(b) File an annual report pursuant to RSA 399-D:9, I(a).
II. Surrender of a license shall not take effect until the commissioner deems the surrender process complete.
III. Failure to comply with the provisions of this section and rules adopted under this section shall be cause for denial of future license applications and the imposition of penalties under RSA 399-D:21.
Source.
2016, 151:1, eff. Jan. 1, 2017.
2023 New Hampshire Revised Statutes › Title XXXVI - Pawnbrokers and Moneylenders › Chapter 399-D - Debt Adjustment Services › Section 399-D:8 - Continuing Obligation to Update.

399-D:8 Continuing Obligation to Update. –
I. Licensees shall update information on file with the commissioner. If any information filed with the commissioner becomes materially inaccurate, the licensee shall, within 30 days of the event necessitating the update, submit an amendment to its application records that will correct the information on file with the commissioner.
II. (a) A licensee shall submit written notification to the department of the addition or deletion of a principal, and shall provide the name and address of each new principal no later than 30 days after such change.
(b) Each new principal shall authorize the commissioner to conduct a background investigation and a criminal history records check.
(c) The commissioner shall investigate management and ownership changes including, but not limited to, each principal's qualifications and business history.
(d) The licensee shall investigate and disclose any injunction or administrative order that has been issued against the principal and whether the principal has been convicted of a misdemeanor involving financial services or a financial services-related business, or any fraud, false statements or omissions, theft or any wrongful taking of property, bribery, perjury, forgery, counterfeiting, or extortion, or a conspiracy to commit any of these offenses, or convicted of any felony, prior to the commissioner's approval of such change.
III. Licensees shall provide 30 days' written notice to the department:
(a) Of any change in location and the commissioner shall endorse such change on the license; or
(b) Of the closing of any location.
IV. No licensee shall transact any business provided for by this chapter under a trade name or any other name different from the name stated in its license or branch office license without immediately notifying the commissioner, who shall then amend the license accordingly.
V. Significant events shall be reported to the department in writing within 10 calendar days.
VI. Any officer, owner, manager, or agent of any licensee, and any person controlling or having a contract under which he or she has a right to control such a licensee, whether exclusively or otherwise, and any person with executive authority over or in charge of any segment of such a licensee's affairs, shall reply promptly in writing, or in other designated form, to any written inquiry from the commissioner requesting a reply. The commissioner may require that any communication made to him or her under this section be verified.
Source.
2016, 151:1, eff. Jan. 1, 2017. 2019, 36:31, eff. May 15, 2019.
2023 New Hampshire Revised Statutes › Title XXXVI - Pawnbrokers and Moneylenders › Chapter 399-D - Debt Adjustment Services › Section 399-D:9 - Reporting and Filing Requirements.

399-D:9 Reporting and Filing Requirements. –
I. (a) Each licensee shall file, under oath, an annual report through the Nationwide Multistate Licensing System and Registry on or before March 31 each year concerning operations for the preceding calendar year or license period ending December 31 in the form prescribed by the commissioner.
(b) Each licensee shall also file, under oath, its financial statement through the Nationwide Multistate Licensing System and Registry within 90 days from the date of its fiscal year end. If the financial statement is not audited, a certification statement shall be attached and signed by a duly authorized officer of the licensee. The certification statement shall state that the financial statement is true and accurate to the best of the officer's belief and knowledge:
(1) For profit entities: The financial statement shall be prepared in accordance with generally accepted accounting principles with appropriate note disclosures and, shall include a balance sheet, income statement, statement of changes in owners' equity, and a cash flow statement.
(2) For nonprofit organizations: The financial statement shall be prepared in accordance with generally accepted accounting principles with appropriate note disclosures and shall include a statement of financial condition, a statement of activities, a statement of cash flow and, if applicable, a statement of functional expenses.
II. The commissioner shall publish an analysis of the information required in the licensee's annual report as a part of the commissioner's annual report.
III. Any licensee or person failing to file either the annual report or the financial statement required by this section within the time prescribed shall pay to the commissioner a penalty of $25 for each calendar day the annual report or financial statement is overdue to a maximum penalty of $2,500 per report or statement and shall be subject to suspension or revocation of its license.
IV. In addition to the annual report and financial statement required by this section, the commissioner may require such regular or special reports as the commissioner may deem necessary to the proper supervision of licensees under this chapter.
V. A document is filed when it is received by the commissioner. If any filing deadline date falls on a weekend or on a New Hampshire state or federal legal holiday, the due date shall be automatically extended to the next business day following such weekend or holiday. Electronic filings, when received by the commissioner, are:
(a) Deemed filed;
(b) Prima facie evidence that a filing has been duly authorized and made by the signatory on the application or document;
(c) Admissible in any civil or administrative proceeding under this chapter; and
(d) Admissible in evidence in accordance with the rules of a superior court in any action brought by the attorney general under this chapter.
Source.
2016, 151:1, eff. Jan. 1, 2017. 2021, 194:9, eff. Oct. 9, 2021.
2023 New Hampshire Revised Statutes › Title XXXVI - Pawnbrokers and Moneylenders › Chapter 399-D - Debt Adjustment Services › Section 399-D:10 - Record Keeping Requirements.

399-D:10 Record Keeping Requirements. –
I. The licensee shall maintain such books and records as will enable the department to determine whether the licensee's business is in compliance with the provisions of this chapter and the rules adopted pursuant to it. Such records shall be maintained in a readily accessible location and made available for examination at the licensee's New Hampshire principal office or its New Hampshire branch office location or the office of its New Hampshire agent for a period of at least 7 years after the licensee's final transaction on a debt adjustment contract.
II. A licensee may maintain its records in electronic format if, upon request, the licensee provides the commissioner with:
(a) A full explanation of the programming of any data storage or communications systems in use; and
(b) Information from any books, records, electronic data processing systems, computers, or any other information storage system in the form requested by the commissioner.
Source.
2016, 151:1, eff. Jan. 1, 2017.
2023 New Hampshire Revised Statutes › Title XXXVI - Pawnbrokers and Moneylenders › Chapter 399-D - Debt Adjustment Services › Section 399-D:11 - Consumer Inquiries.

399-D:11 Consumer Inquiries. –
I. Consumer complaints naming licensees under this chapter, which are filed in writing with the office of the commissioner, shall be forwarded via electronic mail or certified or registered mail to the licensee for response within 10 days of receipt by the department. Licensees shall, within 10 days after receipt of such complaint, send a written acknowledgment thereof to the consumer and the department. Not later than 30 days following receipt of such complaint, the licensee shall conduct an investigation of the complaint and either:
(a) Make appropriate corrections in the account of the consumer and transmit to the consumer and the department written notification of such corrections, including documentary evidence thereof; or
(b) Transmit a written explanation or clarification to the consumer and the department which sets forth, to the extent applicable, the reasons why the licensee believes its actions are correct, including copies of documentary evidence thereof.
II. A licensee who fails to respond to consumer complaints as required by this section within the time prescribed shall pay to the commissioner a penalty of $50 for each day such response is overdue. For purposes of this section, the date of transmission shall be the date such response is received by the commissioner.
III. (a) Licensees which, because of extenuating circumstances beyond the control of the licensee, are unable to comply with the time frames prescribed in this section, may make written request to the commissioner for a waiver of such time frames. Waivers shall not be granted or considered unless the request for the waiver:
(1) Is received by the department within 20 days following the licensee's receipt of the complaint;
(2) Specifies the reason for the request; and
(3) Specifies a date certain by which the licensee shall comply with the provisions of this section.
(b) Requests for waivers shall be either granted or denied within 5 days of receipt by the department.
Source.
2016, 151:1, eff. Jan. 1, 2017. 2018, 207:8, 9, eff. Aug. 7, 2018. 2021, 194:27, eff. Oct. 9, 2021.
2023 New Hampshire Revised Statutes › Title XXXVI - Pawnbrokers and Moneylenders › Chapter 399-D - Debt Adjustment Services › Section 399-D:16 - Provisions Applicable to Debt Settlement Plans Under This Chapter.

399-D:16 Provisions Applicable to Debt Settlement Plans Under This Chapter. –
I. A licensee shall not be entitled to any fee until the contract has been in effect for at least 30 days, and thereafter, the monthly amortized fee may be charged at 30-day intervals for the term of contract, except in the event of prepayment or cancellation thereof.
II. The licensee's fees shall be based on the total indebtedness as stated in the contract and shall not exceed 15 percent.
III. The licensee shall remit funds to creditors, less the licensee's prorated fees within 10 calendar days of receipt of a negotiated settlement.
IV. The licensee shall provide the debtor with a written statement of the debtor's account:
(a) Every 90 days;
(b) Upon the debtor's verbal request at any time during the contract term; and
(c) At the termination or cancellation of the contract.
V. No licensee shall execute a contract unless a completed, written budget analysis indicates the debtor can meet the requirements of the debt settlement plan.
VI. Each licensee shall maintain a separate, pooled bank account for the debtors' benefit in which all debtors' payments shall be deposited within 24 hours of receipt thereof. All such payments shall remain in such bank account until the licensee remits funds to either a debtor or creditor thereof.
Source.
2016, 151:1, eff. Jan. 1, 2017.
2023 New Hampshire Revised Statutes › Title XXXVI - Pawnbrokers and Moneylenders › Chapter 399-D - Debt Adjustment Services › Section 399-D:17 - Provisions Applicable to Debt Repayment Plans Under This Chapter.

399-D:17 Provisions Applicable to Debt Repayment Plans Under This Chapter. –
I. If the debtor gives the licensee 30 days' written notice of cancellation and such licensee performed all of its contractually required services, such licensee shall be entitled to a cancellation fee of the lesser of:
(a) 5 percent of the remaining service charges that would have been collected over the term of the debt adjustment contract; or
(b) $50.
II. If the debtor willfully defaults by failing to pay the contractually obligated payments for a period of 30 days and such licensee performed all of its contractually required services, such licensee shall be entitled to a cancellation fee of the lesser of:
(a) 5 percent of the remaining service charges that would have been collected over the term of the debt adjustment contract; or
(b) $50.
III. The licensee shall notify the debtor's creditors or their attorneys in writing within 10 calendar days of cancellation.
Source.
2016, 151:1, eff. Jan. 1, 2017.
2023 New Hampshire Revised Statutes › Title XXXVI - Pawnbrokers and Moneylenders › Chapter 399-D - Debt Adjustment Services › Section 399-D:20 - Cease and Desist.

399-D:20 Cease and Desist. –
I. The department may issue a cease and desist order against any person who it has reasonable cause to believe is in violation of the provisions of this chapter or any rule or order under this chapter.
II. (a) The order shall be calculated to give reasonable notice of the opportunity for a hearing and shall state the reasons for the issuance of the order.
(b) Valid delivery of such order shall be by hand or certified mail at the principal office of the person.
(c) A hearing, if requested, shall be held not later than 10 days after the written request for such hearing is received by the commissioner.
(d) Within 20 days of the date of the hearing the commissioner shall issue a further order vacating the cease and desist order or making it permanent as issued or as amended by the commissioner.
(e) If the person to whom a cease and desist order is issued fails to appear at the hearing after being duly notified, such person shall be deemed in default, and the proceeding may be determined against him or her upon consideration of the cease and desist order, the allegations of which may be deemed to be true.
(f) If the person to whom a cease and desist order is issued fails to request a hearing within 30 calendar days of receipt of such order and no hearing is ordered by the commissioner, then such person shall likewise be deemed in default, and the order shall, on the 31st day, become permanent, and shall remain in full force and effect until and unless later modified or vacated by the commissioner, for good cause shown.
III. If any person refuses to obey the commissioner's order, an action may be brought by the attorney general on the commissioner's behalf in any superior court in this state to enjoin such person from engaging in or continuing such violation or from doing any act or acts in furtherance of such violation. In any such action, an order or judgment may be entered awarding a temporary or permanent injunction, and awarding the commissioner or the attorney general or both costs in bringing such action. Any person who fails to comply with such injunction shall be subject to a fine not exceeding $10,000 or imprisonment, or both.
Source.
2016, 151:1, eff. Jan. 1, 2017.
2023 New Hampshire Revised Statutes › Title XXXVI - Pawnbrokers and Moneylenders › Chapter 399-D - Debt Adjustment Services › Section 399-D:22 - Consumer Credit Administration License Fund.

399-D:22 Consumer Credit Administration License Fund. –
The balance in the consumer credit administration license fund shall be transferred and shall be payable to the state treasurer as restricted revenue and credited to the appropriation for the commissioner, consumer credit administration division. Sums collected under this chapter shall be payable to the state treasurer as restricted revenue and credited to the appropriation for the commissioner, consumer credit administration division.
Source.
2016, 151:1, eff. Jan. 1, 2017.