reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title XXXV - Banks and Banking; Loan Associations; Credit Unions › Chapter 397-A - Licensing of Nondepository Mortgage Bankers, Brokers, and Servicers › Section 397-A:6 - License Grant.

397-A:6 License Grant. –
I. If the commissioner determines that the applicant meets the requirements of this chapter, then the commissioner shall forthwith issue a license or licenses permitting the applicant to act as a mortgage originator, mortgage banker, mortgage broker, or mortgage servicer in accordance with the laws of this state. The commissioner may, by order, restrict or impose conditions for a license. Each branch office license and originator license is only in effect when the associated mortgage banker, mortgage broker, or mortgage servicer is licensed in this state. Each branch manager of a location required to be licensed as a branch office under this chapter shall be licensed as a mortgage loan originator. Licensees shall be responsible for the supervision of their employees, agents, loan originators, and branch offices. Licensees shall conduct background checks, including checking the list of entities issued by the Office of Foreign Assets Control (OFAC) whose assets were frozen by executive order on all of their loan originators.
II. No mortgage banker, mortgage broker, or mortgage servicer license shall be issued to any person whose principal place of business is located outside of this state unless that person designates an agent residing within this state for service of process.
III. Each mortgage banker, mortgage broker, or mortgage servicer 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 that license is issued.
IV. If a mortgage banker, mortgage broker, or mortgage servicer licensee is a person other than a natural person, the license issued to it shall entitle all officers, directors, members, partners, trustees, agents, originators, and employees of the licensed corporation, partnership, entity, or trust to make or broker loans; provided that all individuals who engage in the origination process are licensed as originators and that one officer, director, member, partner, employee, or trustee of such person shall be designated in the license application as the individual to be contacted under the provisions of this chapter.
V. If the mortgage banker, mortgage broker, or mortgage servicer licensee is a natural person, the license shall entitle all employees, agents, and originators of the licensee to make or broker loans, provided that all individuals who engage in the origination process are licensed as originators.
VI. A license issued under this chapter shall not be transferable or assignable between persons.
Source.
2016, 289:1, eff. Aug. 20, 2016.
2023 New Hampshire Revised Statutes › Title XXXV - Banks and Banking; Loan Associations; Credit Unions › Chapter 397-A - Licensing of Nondepository Mortgage Bankers, Brokers, and Servicers › Section 397-A:7 - License Denial or Abandonment; Appeal.

397-A:7 License Denial or Abandonment;  Appeal. –
I. If the commissioner determines that the applicant fails to meet the requirements of this chapter, the commissioner shall, in writing, immediately notify the applicant of that determination.
II. Applicants may appeal a license denial in accordance with RSA 541-A and rules of the commissioner adopted thereunder.
III. Applicants may petition the banking department for a rehearing in accordance with RSA 541 if the decision in an appeal conducted pursuant to paragraph II affirms a denial of a license application.
IV. The commissioner may deem abandoned and withdraw any application for licensure as a mortgage banker, mortgage broker, or mortgage servicer 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.
V. The commissioner may deem abandoned and withdraw any application for licensure as a mortgage loan originator made pursuant to this chapter if the applicant fails to respond in writing within 60 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.
Source.
2016, 289:1, eff. Aug. 20, 2016. 2019, 36:12, 13, eff. May 15, 2019.
2023 New Hampshire Revised Statutes › Title XXXV - Banks and Banking; Loan Associations; Credit Unions › Chapter 397-A - Licensing of Nondepository Mortgage Bankers, Brokers, and Servicers › Section 397-A:8 - License Term; Renewal.

397-A:8 License Term;  Renewal. –
I. Each mortgage banker, mortgage broker, or mortgage servicer license shall remain in force until it has been surrendered, revoked, or suspended, or terminates or expires in accordance with the provisions of this chapter. Each license shall expire on December 31 of each calendar year.
II. If a person holds a valid mortgage banker, mortgage broker, or mortgage servicer license under this section and is in compliance with this chapter and the rules thereunder, such licensee may renew the license by paying the required fee to the banking department on or before December 1 for the ensuing year that begins on January 1. Failure to renew the license shall result in the license terminating on December 31.
III. A mortgage banker, mortgage broker, or mortgage servicer renewal fee of $500 for the principal office license and each branch office license shall be submitted with the application for license renewal.
IV. No application for renewal of a mortgage banker, mortgage broker, or mortgage servicer license shall be denied without reasonable cause and the right of appeal pursuant to RSA 541-A and RSA 541.
Source.
2016, 289:1, eff. Aug. 20, 2016.
2023 New Hampshire Revised Statutes › Title XXXV - Banks and Banking; Loan Associations; Credit Unions › Chapter 397-A - Licensing of Nondepository Mortgage Bankers, Brokers, and Servicers › Section 397-A:9 - Escrow Accounts.

397-A:9 Escrow Accounts. –
I. Any licensee that receives funds from a mortgagor to be held in escrow for payment of taxes and insurance premiums shall pay the taxes and insurance premiums of the mortgagor to the appropriate taxing authority and insurance company in the amount required and at the time such taxes and insurance premiums are due, provided that the licensee has been provided with the tax or insurance bills at least 15 days prior to the date such taxes and insurance premiums are due, and the mortgagor has paid to the licensee the amounts required to be paid into the escrow account, as determined by the licensee, for all amounts scheduled to be paid to the licensee prior to the date such taxes and insurance premiums are due.
II. Each licensee shall, through its own effort and expense, determine and notify the mortgagor of the amounts necessary to be paid into the escrow account to assure that sufficient funds will be available for the payment of such taxes and insurance premiums as of the date such payment is due.
III. If the amount held in the escrow account as of the date such taxes and insurance premiums are due is insufficient to pay the taxes and insurance premiums despite compliance by the mortgagor with RSA 397-A:9, I, the licensee shall pay such taxes and insurance premiums from its own funds. The licensee shall then give the mortgagor the option of paying the deficiency over a period of not less than 12 months. The licensee shall not charge or collect interest on such deficiency during the 12-month period.
IV. Persons subject to this chapter that require or accept moneys for deposit in escrow accounts maintained for the payment of taxes or insurance premiums related to loans on single family homes secured by real estate mortgages on property located in New Hampshire shall pay interest on the moneys so held in such accounts. During the 6-month period beginning on April 1 of each year, such interest shall be paid at a rate of not less than the National Deposit Rate for Savings Accounts as published in the month of January of the same year by the Federal Deposit Insurance Corporation. During the 6-month period beginning on October 1 of each year, such interest shall be paid at a rate of not less than the National Deposit Rate for Savings Accounts as published in the month of July of the same year by the Federal Deposit Insurance Corporation.
Source.
2016, 289:1, eff. Aug. 20, 2016. 2023, 89:1, eff. June 20, 2023.
2023 New Hampshire Revised Statutes › Title XXXV - Banks and Banking; Loan Associations; Credit Unions › Chapter 397-A - Licensing of Nondepository Mortgage Bankers, Brokers, and Servicers › Section 397-A:10 - Change in Name; Ownership; Location.

397-A:10 Change in Name;  Ownership;  Location. –
I. No licensee shall conduct the business of a mortgage banker, mortgage broker, or mortgage servicer under a trade name or any other name different from the name stated in its principal office license or branch office license without immediately notifying the commissioner, who shall then amend the license accordingly.
II. A mortgage banker, mortgage broker, or mortgage servicer 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. Each new principal shall authorize the commissioner to conduct a background check. The commissioner shall investigate management and ownership changes including, but not limited to, each principal's qualifications and business history. The licensee shall 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, 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. Mortgage banker, mortgage broker, or mortgage servicer licensees shall provide written notice to the banking department of any proposed change in location or proposed closing of any licensed office no later than 10 business days prior to the effective date of such change of location or closing, unless such change of location or closing occurs under circumstances beyond the control of the licensee whereby such written notice shall be provided within 10 business days from the date the licensee becomes aware of the closing or relocation. Failure to comply with the provisions of this paragraph may be deemed sufficient cause for license revocation or denial of license renewal applications.
IV. Persons licensed under this chapter are under a continuing obligation to update information on file with the commissioner. If any information filed with the commissioner becomes materially inaccurate, the licensee must promptly submit to the commissioner an amendment to its application records that will correct the information on file with the commissioner. An amendment shall be considered to be filed promptly if the amendment is filed within 30 days of the event that requires the filing of the amendment. Significant events shall be reported to the department in writing within 10 days.
Source.
2016, 289:1, eff. Aug. 20, 2016. 2018, 196:4, eff. Aug. 7, 2018. 2019, 36:14, eff. May 15, 2019.
2023 New Hampshire Revised Statutes › Title XXXV - Banks and Banking; Loan Associations; Credit Unions › Chapter 397-A - Licensing of Nondepository Mortgage Bankers, Brokers, and Servicers › Section 397-A:10-a - License Surrender.

397-A:10-a License Surrender. –
I. A licensee who ceases to engage in the business of an originator, mortgage broker, mortgage banker, or mortgage servicer at any time for any cause shall file a request to surrender its license to the commissioner within 15 calendar days of such cessation and shall file such additional information as may be required by the department.
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 397-A:20.
Source.
2016, 289:1, eff. Aug. 20, 2016.
2023 New Hampshire Revised Statutes › Title XXXV - Banks and Banking; Loan Associations; Credit Unions › Chapter 397-A - Licensing of Nondepository Mortgage Bankers, Brokers, and Servicers › Section 397-A:11 - Record Keeping.

397-A:11 Record Keeping. –
I. The licensee shall maintain such records as will enable the department to determine whether the licensee's business is in compliance with all applicable federal laws and regulations, the laws and rules of this state, and the orders of the commissioner. Records relating to transactions shall be maintained in a readily accessible location and made available for examination for a period of at least 3 years after the licensee's final transaction on a loan or application file. All other business records, including but not limited to financial records, vendor contracts, communications and internal policies, shall be maintained for at least 3 years or as otherwise prescribed by the commissioner.
II. If the licensee retains a mortgage loan in its loan portfolio or services a loan it originated, an adequate loan payment history for such loan shall be made available to the department upon request.
III. If the commissioner or examiner finds any records to be inadequate, or kept or posted in a manner not in accordance with generally accepted accounting principles, the commissioner may employ experts to reconstruct, rewrite, post, or balance them at the expense of the person being examined if such person has failed to maintain, complete, or correct such records after the commissioner or examiner has given him or her written notice and a reasonable opportunity to do so.
IV. 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, 289:1, eff. Aug. 20, 2016.
2023 New Hampshire Revised Statutes › Title XXXV - Banks and Banking; Loan Associations; Credit Unions › Chapter 397-A - Licensing of Nondepository Mortgage Bankers, Brokers, and Servicers › Section 397-A:14-a - Advertising.

397-A:14-a Advertising. –
I. No licensee or other person shall advertise, print, display, publish, distribute, or broadcast or permit to be advertised, printed, displayed, published, distributed, or broadcast in any manner whatsoever any statement or representation with regard to the rates, terms, or conditions for the lending of money under the provisions of this chapter which is false, misleading, or deceptive. Any reference to the amount of a loan shall refer to the original principal amount. Any statement so made of the amount of an installment or the rate or amount of interest charges required for any loan shall comply with the provisions of the federal Consumer Credit Protection Act, (15 U.S.C. 1601 et seq.) as amended.
II. Licensees shall ensure that the Nationwide Multistate License System and Registry unique identifier of any person originating a residential mortgage loan shall be clearly shown on all residential mortgage loan application forms, solicitations or advertisements, including business cards or websites, and any other documents as established by rule, regulation, or order of the commissioner.
III. Copies of any and all such advertising shall be retained by the licensee or other person for a period of 3 years after the first publication, distribution, or broadcast date of such advertising. Advertising files maintained under this section shall be subject to review by the banking department during the course of any examination or investigation undertaken in accordance with this chapter.
Source.
2016, 289:1, eff. Aug. 20, 2016.
2023 New Hampshire Revised Statutes › Title XXXV - Banks and Banking; Loan Associations; Credit Unions › Chapter 397-A - Licensing of Nondepository Mortgage Bankers, Brokers, and Servicers › Section 397-A:14-b - Compliance With Requirements for Funding of Loans at Real Estate Closings.

397-A:14-b Compliance With Requirements for Funding of Loans at Real Estate Closings. –
A mortgage banker, mortgage broker, or mortgage servicer licensee shall comply with the provisions of RSA 477:52 relative to requirements for the funding of loans at real estate closings. At a minimum, a closing requires the delivery of a deed if the transaction is a conveyance, the signing of a note, and the disbursement of the mortgage loan funds.
Source.
2016, 289:1, eff. Aug. 20, 2016.
2023 New Hampshire Revised Statutes › Title XXXV - Banks and Banking; Loan Associations; Credit Unions › Chapter 397-A - Licensing of Nondepository Mortgage Bankers, Brokers, and Servicers › Section 397-A:15-a - Consumer Inquiries.

397-A:15-a 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 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 the sum 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 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 banking department.
Source.
2016, 289:1, eff. Aug. 20, 2016. 2018, 207:4, 5, eff. Aug. 7, 2018. 2021, 194:25, eff. Oct. 9, 2021.
2023 New Hampshire Revised Statutes › Title XXXV - Banks and Banking; Loan Associations; Credit Unions › Chapter 397-A - Licensing of Nondepository Mortgage Bankers, Brokers, and Servicers › Section 397-A:16 - Lender's Rights and Broker's Rights.

397-A:16 Lender's Rights and Broker's Rights. –
I. Mortgage bankers, mortgage brokers, or mortgage servicers may charge fees and points for services rendered in conjunction with the origination, closing, and servicing of loans. If any fee is collected in advance of the closing of the loan, the mortgage banker or mortgage broker shall provide the borrower with a written explanation of the purpose and disposition of the fee. A mortgage banker or mortgage broker may charge an application fee which may include the direct costs incurred by the mortgage banker or mortgage broker for processing an application, and for a real estate appraisal, a credit bureau report, or income verification, or other third party services.
II. Persons subject to provisions of this chapter shall comply with the provisions of RSA 479, relative to foreclosure.
III. Pursuant to RSA 397-A:3, only mortgage brokers, mortgage bankers, mortgage originators, and mortgage servicers licensed under the provisions of this chapter shall be entitled to compensation for services rendered.
IV. In order to issue rate lock commitments, a licensee shall comply with rules adopted by the commissioner.
Source.
2016, 289:1, eff. Aug. 20, 2016.
2023 New Hampshire Revised Statutes › Title XXXV - Banks and Banking; Loan Associations; Credit Unions › Chapter 397-A - Licensing of Nondepository Mortgage Bankers, Brokers, and Servicers › Section 397-A:19 - Cease and Desist.

397-A:19 Cease and Desist. –
I. The commissioner may issue a cease and desist order against any licensee or 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. The order shall give notice of the facts or conduct constituting the basis for the order and shall give notice of the opportunity for a hearing. Delivery of such order shall be by hand or certified mail at the last known address of the principal office of the licensee or other person.
II. A hearing shall be held not later than 10 days after the request for such hearing is received by the commissioner. Within 20 calendar days of submission of the evidence into the record, the commissioner shall issue a further order vacating the cease and desist order or making it permanent as the facts require. All hearings shall comply with RSA 541-A.
III. 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, then such person shall be deemed in default, and the order shall, on the thirty-first 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.
IV. 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.
V. Upon an affirmative finding of violation, the commissioner may, in addition to ordering a person to cease and desist the conduct at issue, assess penalties as provided in RSA 397-A:20.
Source.
2016, 289:1, eff. Aug. 20, 2016.
2023 New Hampshire Revised Statutes › Title XXXV - Banks and Banking; Loan Associations; Credit Unions › Chapter 397-A - Licensing of Nondepository Mortgage Bankers, Brokers, and Servicers › Section 397-A:21 - Receivership; Liquidation.

397-A:21 Receivership;  Liquidation. –
The provisions of RSA 395 shall apply to all entities licensed under this chapter insofar as such provisions are applicable.
Source.
2016, 289:1, eff. Aug. 20, 2016.
2023 New Hampshire Revised Statutes › Title XXXV - Banks and Banking; Loan Associations; Credit Unions › Chapter 397-A - Licensing of Nondepository Mortgage Bankers, Brokers, and Servicers › Section 397-A:22 - Administration by Commissioner; Rulemaking.

397-A:22 Administration by Commissioner;  Rulemaking. –
I. The commissioner shall administer and enforce the provisions of this chapter.
II. Pursuant to RSA 541-A, the commissioner may adopt such rules as he or she deems necessary to the administration and enforcement of this chapter. Such rules shall be consistent with the provisions of this chapter, and may include, but shall not be limited to, the following:
(a) The application form for licensees required under RSA 397-A:5.
(b) The form of license issued to licensees under RSA 397-A:6.
(c) Reports required by RSA 397-A:13.
(d) Personal disclosure statements to meet the requirements of RSA 397-A:5.
(e) Fees to be charged to cover the reasonable costs of copying documents and producing reports.
III. The commissioner may prepare, alter, or withdraw such forms as are necessary to comply with the provisions of this title.
IV. The commissioner may issue, amend, or rescind such orders as are reasonably necessary to carry out the provisions of this chapter.
V. The commissioner may, for good cause shown, abate all or a portion of fees or delinquency penalties assessed under this chapter.
VI. All actions taken by the commissioner pursuant to this chapter shall be taken only when the commissioner finds such action necessary or appropriate to the public interest or for the protection of consumers and consistent with the purposes fairly intended by the policy and provisions of this title.
VII. In adopting rules, preparing forms, setting standards, and in performing examinations, investigations, and other regulatory functions authorized by the provisions of this chapter, the commissioner may cooperate, and share information pursuant to confidentiality agreements, with regulators in this state and with regulators in other states and with federal regulators in order to implement the policy of this chapter in an efficient and effective manner and to achieve maximum uniformity in the form and content of applications, reports, and requirements for mortgage bankers, mortgage brokers, and mortgage servicers, where practicable.
VIII. The commissioner may share information with state and federal law enforcement agencies for the purposes of criminal investigations.
Source.
2016, 289:1, eff. Aug. 20, 2016.
2023 New Hampshire Revised Statutes › Title XXXV - Banks and Banking; Loan Associations; Credit Unions › Chapter 397-A - Licensing of Nondepository Mortgage Bankers, Brokers, and Servicers › Section 397-A:23 - Severability.

397-A:23 Severability. –
If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the remainder of the chapter or the application of the provision to other persons or circumstances is not affected and to this end the provisions of this chapter are severable.
Source.
2016, 289:1, eff. Aug. 20, 2016.
2023 New Hampshire Revised Statutes › Title XXXVI - Pawnbrokers and Moneylenders › Chapter 398 - Pawnbrokers › Section 398:1 - Tickets.

398:1 Tickets. –
If any person shall engage in business as a pawnbroker he shall, for any article or thing of value received in pawn or otherwise for the security of any loan, transfer, service, undertaking or advantage, give to the pledgor, or person for whom or for whose benefit the transaction is made or done, a ticket or coupon stating the name and address of such pawnbroker, the property, security or thing received in pawn and the amount loaned thereupon.
Source.
1907, 26:1. PL 172:1. RL 209:1.
2023 New Hampshire Revised Statutes › Title XXXVI - Pawnbrokers and Moneylenders › Chapter 398 - Pawnbrokers › Section 398:2 - Prohibited Pledges.

398:2 Prohibited Pledges. –
No person shall receive in pawn, whether as security for any loan, transfer, service, undertaking, or advantage:
I. Anything of value from any minor or person in a visible state of intoxication from liquors or otherwise;
II. In excess of 4 motor vehicles or titles to motor vehicles, as defined in RSA 361-A:1, VII;
III. Any title or deed to real property, including mobile homes, condominiums and rights to interval ownership;
IV. Any mortgage or any promissory note, including the pledge or assignment of any right to receive payments, rents, or revenue arising from such note;
V. Any article of clothing removed from the person at the place of business of the pawnbroker.
Source.
1907, 26:2. 1909, 58:1. RL 209:2. RSA 398:2. 1997, 193:1. 2005, 255:86, eff. Sept. 12, 2005.
2023 New Hampshire Revised Statutes › Title XXXVI - Pawnbrokers and Moneylenders › Chapter 398 - Pawnbrokers › Section 398:3 - Penalty.

398:3 Penalty. –
Whoever violates any provision of this subdivision shall be guilty of a misdemeanor.
Source.
1907, 26:3. PL 172:3. RL 209:3. RSA 398:3. 1973, 528:270, eff. Oct. 31, 1973 at 11:59 p.m.
2023 New Hampshire Revised Statutes › Title XXXVI - Pawnbrokers and Moneylenders › Chapter 398 - Pawnbrokers › Section 398:4 - Where in Force.

398:4 Where in Force. –
This subdivision shall be in force in all cities having a population of more than 40,000, and in such other cities and towns as shall adopt its provisions.
Source.
1909, 129:9. PL 172:14. RL 209:14.
2023 New Hampshire Revised Statutes › Title XXXVI - Pawnbrokers and Moneylenders › Chapter 398 - Pawnbrokers › Section 398:5 - Licenses.

398:5 Licenses. –
The governing body of any town, city, or unincorporated place may license suitable persons to carry on the business of pawnbrokers in said city, town, or place for one year, and may revoke such licenses, in their discretion, after a hearing on charges preferred.
Source.
1909, 129:1. PL 172:4. RL 209:4. 2008, 287:7, eff. June 27, 2008.
2023 New Hampshire Revised Statutes › Title XXXVI - Pawnbrokers and Moneylenders › Chapter 398 - Pawnbrokers › Section 398:6 - Fees.

398:6 Fees. –
The fee for such license or renewal thereof shall be fixed by the board which issues the license, and shall be paid to the city or town in which the license is to be in force. No person in any city or town shall be required to pay a larger fee for said license than is required from any other person in the same city or town for a similar license.
Source.
1909, 129:8. PL 172:5. RL 209:5.
2023 New Hampshire Revised Statutes › Title XXXVI - Pawnbrokers and Moneylenders › Chapter 398 - Pawnbrokers › Section 398:7 - Other Provisions Relating to Regulations.

398:7 Other Provisions Relating to Regulations. –
The board which grants licenses may from time to time establish regulations relative to the business carried on by pawnbrokers.
Source.
1909, 129:1. PL 172:6. RL 209:6.
2023 New Hampshire Revised Statutes › Title XXXVI - Pawnbrokers and Moneylenders › Chapter 398 - Pawnbrokers › Section 398:8 - Retention of Pledged Articles.

398:8 Retention of Pledged Articles. –
Articles deposited in pawn with a licensed pawnbroker shall, unless redeemed, be retained by him, on the premises occupied by him for his business, for at least 4 months after the date of deposit, if not of a perishable nature; and, if of a perishable nature, for at least one month after said date. Articles of personal apparel shall not be deemed to be of a perishable nature.
Source.
1909, 129:2. PL 172:7. RL 209:7.
2023 New Hampshire Revised Statutes › Title XXXVI - Pawnbrokers and Moneylenders › Chapter 398 - Pawnbrokers › Section 398:9 - Sale of Pledged Articles.

398:9 Sale of Pledged Articles. –
After the expiration of said time he may sell the same by public auction, upon the same conditions as to notice of sale, and application of proceeds of the sale, as are contained in RSA 444:1-5.
Source.
1909, 129:2. PL 172:8. RL 209:8.
2023 New Hampshire Revised Statutes › Title XXXVI - Pawnbrokers and Moneylenders › Chapter 398 - Pawnbrokers › Section 398:10 - Waiver of Notice and Sale at Public Auction.

398:10 Waiver of Notice and Sale at Public Auction. –
If less than $25 has been loaned on any article so taken in pawn the requirement of notice, and of sale by public auction, may be waived by agreement of the parties, made in writing. In other cases the requirement cannot be waived.
Source.
1909, 129:2. PL 172:9. RL 209:9.
2023 New Hampshire Revised Statutes › Title XXXVI - Pawnbrokers and Moneylenders › Chapter 398 - Pawnbrokers › Section 398:11 - Interest.

398:11 Interest. –
The licensing board may fix the rate of interest which such pawnbrokers may receive on loans, and may fix different rates which may be received for different amounts of money lent; and no licensed pawnbroker shall charge or receive a greater rate of interest than that so fixed. The rates of interest so established shall be printed on the loan ticket issued by the pawnbroker.
Source.
1909, 129:3. PL 172:10. RL 209:10.
2023 New Hampshire Revised Statutes › Title XXXVI - Pawnbrokers and Moneylenders › Chapter 398 - Pawnbrokers › Section 398:12 - Records.

398:12 Records. –
Every such pawnbroker shall keep a book in which, at the time of making a loan, shall be legibly written in the English language an account and description of the goods, articles or things pawned or pledged, the amount of money loaned thereon, the time of pledging them, the rate of interest to be paid on such loan and the name and residence of the pledgor, verified by photo identification issued by a governmental agency.
Source.
1909, 129:4. PL 172:11. RL 209:11. 2008, 287:8, eff. June 27, 2008.
2023 New Hampshire Revised Statutes › Title XXXVI - Pawnbrokers and Moneylenders › Chapter 398 - Pawnbrokers › Section 398:13 - Inspections.

398:13 Inspections. –
Any officer, having jurisdiction may enter upon any premises used by a licensed pawnbroker for the purposes of business, ascertain how the pawnbroker conducts his or her business and examine all articles taken in pawn or kept or stored in or upon said premises and all books and inventories relating thereto. Every such pawnbroker, his or her clerk, agent, servant, or other person in charge of the premises shall exhibit to such officer on demand any or all of such articles, books, and inventories.
Source.
1909, 129:5. PL 172:12. RL 209:12. 2008, 287:9, eff. June 27, 2008.
2023 New Hampshire Revised Statutes › Title XXXVI - Pawnbrokers and Moneylenders › Chapter 398 - Pawnbrokers › Section 398:14 - Penalty.

398:14 Penalty. –
Whoever, not being licensed, carries on such business or is concerned therein within such city or town; or, being licensed, carries on such business or is concerned therein in any other place or manner than that designated in his license or after notice to him that his license has been revoked; or who wilfully hinders, obstructs or prevents any officer from entering the premises or from making the examination authorized in RSA 398:13; or who otherwise violates any provision of this subdivision, shall be guilty of a misdemeanor.
Source.
1909, 129:6, 7. PL 172:13. RL 209:13. RSA 398:14. 1973, 528:271, eff. Oct. 31, 1973 at 11:59 p.m.
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:2 - License Required.

399-A:2 License Required. –
I. No person shall engage in the business of a small loan lender in this state or with consumers located in this state without first obtaining a license from the commissioner as provided in this chapter.
II. Each such license shall terminate on December 31 of each year. Each license shall remain in full force and effect until surrendered, revoked, suspended, or terminated.
III. The provisions of this chapter shall apply to any person who seeks to evade its application by any device, subterfuge, or pretense, including, without limitation:
(a) Calling a loan by any other name;
(b) Using any agents, affiliates, or subsidiaries in an attempt to avoid the application of the provisions of this chapter; or
(c) Having any affiliation or other business arrangement with an entity that is exempt from the provisions of this chapter, the effect of which is to evade the provisions of this chapter, including, without limitation, making a loan, while purporting to be the agent of such an exempt entity where the purported agent holds, acquires, or maintains a preponderant economic interest in the revenues generated by the loan.
IV. The fact that a person is licensed or registered in the state of New Hampshire under this chapter shall 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. No person shall make, or cause to be made, to any prospective purchaser, customer, or client any representation inconsistent with the provisions of this paragraph.
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:3 - Exemptions.

399-A:3 Exemptions. –
This chapter shall not apply to:
I. Any person lawfully engaged in business as permitted by the laws of this state, the laws of any other state, or federal law relative to banks, trust companies, insurance companies, savings or building and loan associations, or credit unions, or to loans made by them.
II. Any person engaged solely in the business of making loans for educational purposes or to the loans made by such persons.
III. Any other person not within the intent of this chapter as the commissioner may designate by rule or order.
Source.
2015, 73:1, eff. Jan. 1, 2016. 2017, 103:6, eff. Aug. 7, 2017.
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:5 - License Grant and Renewal.

399-A:5 License Grant and Renewal. –
I. Upon the filing of the complete application, payment of the required application fee, and completion of a pre-licensing investigation by the department, the commissioner shall issue a license to the applicant and to the applicant's branches to engage in the business of a small loan lender if the commissioner determines that:
(a) The applicant's financial resources and responsibility, experience, character and general fitness, personnel, and record of past or proposed conduct warrant the public's confidence; and that
(b) The business will be operated lawfully, honestly, and fairly within the provisions of this chapter.
II. A licensee may renew its license by paying the required annual fee of $450 for the principal license and $450 for each branch office license to the banking department on or before December 31 for the ensuing year that begins on January 1 if the licensee:
(a) Holds a valid license under this section; and
(b) Is in compliance with this chapter and the rules adopted pursuant to this chapter.
III. Failure to renew the license shall result in the license terminating on December 31.
IV. No license shall be issued to any person whose principal place of business is located outside of this state unless that person designates an agent residing within this state for service of process.
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:6 - License Denial; Abandonment.

399-A:6 License Denial;  Abandonment. –
I. If the commissioner determines that an applicant fails to meet the requirements of this chapter, the commissioner shall notify the applicant of that determination in writing immediately.
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 or collection 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.
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 II 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.
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:7 - License Posting.

399-A:7 License Posting. –
No licensee shall engage in the business of a small loan lender without a conspicuously posted license in the licensee's principal place of business within this state and in each of the licensee's licensed branch offices.
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:8 - License Surrender.

399-A:8 License Surrender. –
I. A licensee who ceases to engage in the business of a lender at any time for any cause shall surrender such license and file an annual report pursuant to RSA 399-A:10 within 15 calendar days of such cessation.
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-A:23.
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:9 - Continuing Obligation to Update.

399-A:9 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 the lending industry or any aspect of the lending business or convicted of any felony, prior to the commissioner's approval of such change.
III. Licensees shall notify the department of any change of address and the commissioner shall endorse such change of address on the person's license.
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.
2015, 73:1, eff. Jan. 1, 2016. 2019, 36:22, eff. May 15, 2019.
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:10 - Reporting and Filing Requirements.

399-A:10 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 its business and 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. The financial statement shall be prepared in accordance with generally accepted accounting principles and shall include a balance sheet, income statement, statement of changes in owners' equity, a cash flow statement, and note disclosures. 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.
II. The commissioner shall publish an analysis of the information required in the licensee's annual report as 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 deems 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.
Source.
2015, 73:1, eff. Jan. 1, 2016. 2021, 194:6, 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:11 - Record Keeping Requirements.

399-A:11 Record Keeping Requirements. –
I. The licensee shall maintain such books and records in accordance with sound business and accepted accounting practices 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 3 years after the licensee's final transaction on a loan or application file.
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.
2015, 73:1, eff. Jan. 1, 2016.