reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 354-B - Civil Rights Act › Section 354-B:4 - Violation of Civil Injunction, Criminal Penalty.

354-B:4 Violation of Civil Injunction, Criminal Penalty. –
I. A person who knowingly violates a temporary restraining order or preliminary or permanent injunction issued under this chapter shall be guilty of a class A misdemeanor.
II. Each temporary restraining order or preliminary or permanent injunction issued under this chapter shall include a statement describing the penalties provided in this chapter for knowing violation of the order or injunction. Any combination of injunctions issued under this chapter shall be for a total period of time not to exceed 3 years but may be extended by order of the court upon motion by the attorney general.
III. The clerk of the appropriate court shall transmit one certified copy of each order or injunction issued under this chapter to the appropriate law enforcement agency having jurisdiction over the location where the defendant is alleged to have committed the act giving rise to the action and to the law enforcement agency where the defendant resides, if different.
IV. All actions brought under this chapter shall have priority in the court scheduling in the court in which the action is brought. Superior court rules relative to temporary restraining orders and injunctions shall apply in actions brought in district courts under this chapter.
Source.
1999, 325:1, eff. Jan. 1, 2000.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 354-B - Civil Rights Act › Section 354-B:5 - Applicability to Persons Under the Age of 17.

354-B:5 Applicability to Persons Under the Age of 17. –
Notwithstanding any other provision of law, an action may be brought in superior court against a person under the age of 17 under this chapter. All provisions of this chapter shall apply to such actions.
Source.
1999, 325:1, eff. Jan. 1, 2000.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 354-B - Civil Rights Act › Section 354-B:6 - Severability.

354-B:6 Severability. –
If any provision of this chapter or the application thereof to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of the chapter which can be given effect without the invalid provisions or applications, and to this end the provisions of this chapter are severable.
Source.
1999, 325:1, eff. Jan. 1, 2000.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 356 - Combinations and Monopolies › Section 356:1 - Definitions.

356:1 Definitions. –
As used in this chapter the following terms shall have the following meaning:
I. "Commodity" shall include tangible or intangible property, real, personal, or mixed.
II. "Government entity" shall include the state of New Hampshire and its political subdivisions.
III. "Person" shall include, where applicable, natural persons, trusts, government entities, corporations, partnerships, limited partnerships, proprietorships, incorporated or unincorporated associations, and any other legal entity.
IV. "Service" shall include any activity which is performed in whole or in part for financial gain.
V. "Trade or commerce" shall include any economic activity involving or relating to any commodity or service, and any other business activity.
Source.
1917, 177:2. 1919, Ex., 2:1. PL 168:1. RL 202:1. RSA 356:1. 1979, 385:1, eff. Aug. 22, 1979.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 356 - Combinations and Monopolies › Section 356:2 - Restraints Prohibited.

356:2 Restraints Prohibited. –
I. Every contract, combination, or conspiracy in restraint of trade is unlawful.
II. Every contract, combination, or conspiracy is unlawful which has the purpose or the effect of:
(a) Fixing, controlling or maintaining prices, rates, quotations or fees in any part of trade or commerce; or
(b) Fixing, controlling, maintaining, limiting or discontinuing the production, manufacture, mining, sale or distribution of any commodity or service; or
(c) Allocating or dividing customers or markets in any part of trade or commerce; or
(d) Refusing to deal, or coercing, persuading or inducing any person to refuse to deal, with another person; or
(e) Fixing or controlling the price quotation of any bid for a public or private contract, submitting sham or complementary bids, or controlling the submission of bids including refusals to bid.
Source.
1917, 177:2. 1919, Ex., 2:1. PL 168:2. RL 202:2. RSA 356:2. 1979, 385:3, eff. Aug. 22, 1979.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 356 - Combinations and Monopolies › Section 356:3 - Monopolies Prohibited.

356:3 Monopolies Prohibited. –
The establishment, maintenance or use of monopoly power, or any attempt to establish, maintain or use monopoly power over trade or commerce for the purpose of affecting competition or controlling, fixing or maintaining prices is unlawful.
Source.
1917, 177:3. PL 168:3. RL 202:3. RSA 356:3. 1979, 385:3, eff. Aug. 22, 1979.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 356 - Combinations and Monopolies › Section 356:4 - Penalties.

356:4 Penalties. –
A person who knowingly and willfully engages in conduct prohibited by this chapter shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person. When the offense consists of a combination to control the price or supply, or to prevent competition in the sale, of foodstuffs or fuel, the person thus engaged shall be guilty of a class B felony if a natural person, or guilty of a felony if any other person. Each day's violation of any provision of RSA 356 shall constitute a separate offense.
Source.
1917, 177:4. PL 168:4. RL 202:4. RSA 356:4. 1973, 528:248. 1979, 385:4, eff. Aug. 22, 1979.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 356 - Combinations and Monopolies › Section 356:4-a - Civil Remedies and Enforcement.

356:4-a Civil Remedies and Enforcement. –
Notwithstanding the provisions of RSA 356:4:
I. The attorney general may bring an action in the name of the state for injunctive relief and civil penalties for violations of any provision of this chapter. The action may be brought in the superior court of the county in which the defendant resides or has his principal place of business, or, with the consent of the parties or if the defendant is a nonresident and has no place of business within the state, in the superior court of Merrimack county.
II. The attorney general is authorized to bring an action for violations of this chapter as parens patriae on behalf of natural persons residing in the state. Whether the injured persons dealt directly or indirectly with the defendant shall not bar this action or otherwise limit recovery.
Source.
1973, 434:1. 2007, 336:1, eff. Jan. 1, 2008.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 356 - Combinations and Monopolies › Section 356:4-b - State Remedies.

356:4-b State Remedies. –
In any action brought pursuant to RSA 356:4-a the superior court may assess, for the benefit of the state, a civil penalty of not more than $25,000 for each violation of any provision of this chapter. The superior court may also grant mandatory injunctions reasonably necessary to eliminate restrictions in trade or commerce declared unlawful by this chapter. In any such action, the state shall be entitled to recover the costs of the action. In any action brought pursuant to RSA 356:4-a, II, the state shall recover actual damages sustained, and as determined by the court, the costs of the suit and reasonable attorney's fees. If the trier of facts finds that the violation is willful or flagrant, the court shall award as much as 3 times, but not less than 2 times the actual damages.
Source.
1973, 434:1. 1979, 385:5. 2007, 336:2, eff. Jan. 1, 2008.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 356 - Combinations and Monopolies › Section 356:4-c - Actual Damages.

356:4-c Actual Damages. –
The state, a political subdivision thereof, or any public agency injured in its business or property by reason of a violation of this chapter may recover the actual damages sustained and the costs of the suit including reasonable attorney's fees. The state, political subdivision, or public agency shall recover regardless of whether it dealt directly or indirectly with the defendant.
Source.
1973, 434:1. 2007, 336:3, eff. Jan. 1, 2008.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 356 - Combinations and Monopolies › Section 356:4-d - Election of Remedies.

356:4-d Election of Remedies. –
I. Institution of an action under RSA 356:4-a to assess a civil penalty against a person shall preclude the institution of criminal proceedings under RSA 356:4 against that person for the conduct alleged in the civil action.
II. Institution of criminal prosecution against a person under RSA 356:4 shall preclude the institution of civil proceedings under RSA 356:4-a against that person for the conduct specified in the information or indictment.
Source.
1979, 385:6, eff. Aug. 22, 1979.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 356 - Combinations and Monopolies › Section 356:4-e - Prima Facie Evidence.

356:4-e Prima Facie Evidence. –
I. A final judgment or decree rendered in any civil or criminal proceeding under this chapter brought by the state, to the effect that a defendant has violated RSA 356:2 or 3 shall be prima facie evidence against such defendant in any action or proceeding brought by any other party against such defendant under RSA 356:11 as to all matters respecting which the judgment obtained by the state would be an estoppel as between the parties thereto.
II. This section does not apply to consent judgments or decrees entered before any testimony has been given in a hearing on the merits.
Source.
1979, 385:6, eff. Aug. 22, 1979.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 356 - Combinations and Monopolies › Section 356:5 - Procedure.

356:5 Procedure. –
A complaint or indictment under this chapter shall proceed to judgment according to the regular course of criminal proceedings. It shall be otherwise disposed of only upon motion in writing stating specifically the reasons therefor and verified by affidavit if facts are relied on. If the court or magistrate certifies in writing that he is satisfied that the cause relied on exists, and that the interests of public justice require the allowance thereof, such motion shall be allowed and said certificate filed in the case.
Source.
1917, 177:5. PL 168:5. RL 202:5.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 356 - Combinations and Monopolies › Section 356:6 - Testimonial Privilege.

356:6 Testimonial Privilege. –
No person called as a witness to testify at any proceedings under this chapter shall be excused from testifying, or from producing any books, papers or documents which are material, on the ground that his testimony will tend to incriminate him; but no person shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter or thing concerning which he may testify or produce evidence, documentary or otherwise, in any such proceeding.
Source.
1917, 177:6. PL 168:6. RL 202:6.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 356 - Combinations and Monopolies › Section 356:7 - Exemption of Labor Organizations, Etc.

356:7 Exemption of Labor Organizations, Etc. –
Nothing contained in this chapter shall forbid the existence and operation of labor, agricultural or horticultural organizations, instituted for the purposes of mutual help and not having capital stock or conducted for profit, or to forbid or restrain individual members of such organizations from lawfully carrying out the legitimate objects thereof.
Source.
1917, 177:7. PL 168:7. RL 202:7. RSA 356:7. 1979, 385:7, eff. Aug. 22, 1979.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 356 - Combinations and Monopolies › Section 356:8 - Exemption of Agricultural Producers.

356:8 Exemption of Agricultural Producers. –
An organization enumerated in RSA 356:7, or the members thereof, if they have a capital stock, shall be exempt from this chapter, if they are operating in conformity with chapter 57 of the Laws of the Second Session of the Sixty-seventh Congress, entitled, "An Act to authorize association of producers of agricultural products".
Source.
1917, 177:8. 1923, 120:1. PL 168:8. RL 202:8. RSA 356:8. 1979, 385:8, eff. Aug. 22, 1979.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 356 - Combinations and Monopolies › Section 356:8-a - Exemption for Authorized Activity.

356:8-a Exemption for Authorized Activity. –
Activities of and arrangements between persons shall be exempt from this chapter if such are permitted, authorized, approved, required, or regulated by a regulatory body acting under a federal or state statutory scheme or otherwise actively supervised by a regulatory agency.
Source.
1979, 385:9. 1999, 289:10, eff. July 1, 1999.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 356 - Combinations and Monopolies › Section 356:9 - Enforcement.

356:9 Enforcement. –
This chapter shall be enforced by the department of justice.
Source.
1919 Sp., 2:2. PL 168:9. RL 202:9. RSA 356:9. 1979, 385:10. 1985, 300:7, I(a).
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 356 - Combinations and Monopolies › Section 356:11 - Private Enforcement.

356:11 Private Enforcement. –
I. Any person threatened with injury or damage to his business or property by reason of a violation of this chapter may institute an action or proceeding for injunctive relief when and under the same conditions and principles as injunctive relief is granted in other cases.
II. Any person injured in his business or property by reason of a violation of this chapter may recover the actual damages sustained, and as determined by the court, the costs of the suit and reasonable attorney's fees regardless of whether that person dealt directly or indirectly with the defendant. If the trier of facts finds that the violation is willful or flagrant, they may increase damages to an amount not in excess of 3 times the actual damages sustained.
Source.
1973, 434:2. 2007, 336:4, eff. Jan. 1, 2008.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 356 - Combinations and Monopolies › Section 356:12 - Limitation of Actions.

356:12 Limitation of Actions. –
I. A civil action commenced pursuant to RSA 356:4-a to recover a civil penalty is barred if not commenced within 4 years after the cause of action accrues.
II. An action commenced pursuant to RSA 356:4-c and RSA 356:11 to recover damages is barred if it is not commenced within 4 years after the cause of action accrues, or within one year after the conclusion of any action or proceeding commenced pursuant to RSA 356:4-a.
Source.
1973, 434:2, eff. Aug. 29, 1973.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 356 - Combinations and Monopolies › Section 356:13 - Definition.

356:13 Definition. –
For the purposes of this chapter, "person" shall mean an individual, corporation, trust, estate, partnership, association, or any other legal entity.
Source.
1973, 434:2, eff. Aug. 29, 1973.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 356 - Combinations and Monopolies › Section 356:14 - Interpretation of Statute.

356:14 Interpretation of Statute. –
In any action or prosecution under this chapter, the courts may be guided by interpretations of the United States' antitrust laws.
Source.
1973, 434:2, eff. Aug. 29, 1973.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 356-A - Land Sales Full Disclosure Act › Section 356-A:2 - Administration.

356-A:2 Administration. –
There is hereby added to the department of justice, consumer protection and antitrust bureau, such assistant attorneys general, investigators, clerical, stenographic and other staff as the attorney general may appoint within the appropriation made therefor. Said staff shall enforce and administer the provisions of this chapter, subject to the supervision of the attorney general, and perform such other duties as the attorney general may from time to time assign.
Source.
1970, 55:1. 1979, 171:1. 1985, 300:7, I(a).
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 356-A - Land Sales Full Disclosure Act › Section 356-A:6 - Public Offering Statement.

356-A:6 Public Offering Statement. –
I. A public offering statement shall be in a form prescribed by the attorney general and shall include the following:
(a) The name and principal address of the subdivider;
(b) A general description of the subdivided lands stating the total number of lots, parcels, units, or interests in the offering;
(c) The significant terms of any encumbrances, easements, liens, and restrictions, including zoning, water pollution and other regulations affecting the subdivided lands and each unit or lot, and a statement indicating whether or not any such zoning, water pollution and other regulations have been complied with;
(d) A statement of the use for which the property is offered;
(e) Information concerning improvements, including streets, water supply, levees, drainage control systems, irrigation systems, sewage disposal facilities and customary utilities, and the estimated cost, if any, to be borne by the purchaser, date of completion and responsibility for construction and maintenance of existing and proposed improvements which are referred to in connection with the offering or disposition of any interest in subdivided lands;
(f) Additional information reasonably required by rules adopted by the attorney general, pursuant to RSA 541-A, to assure full and fair disclosure to prospective purchasers, including a statement of the cancellation rights set forth in RSA 356-A:4, II.
II. The public offering statement shall not be used for any promotional purposes until it is approved by the attorney general. The attorney general may, in his discretion, authorize the use of such statement prior to his approval of the registration of the subdivided lands under such conditions as he deems appropriate. No person may advertise or represent that the attorney general approves or recommends the subdivided lands or disposition thereof. No portion of the public offering statement may be underscored, italicized, or printed in larger or heavier or different color type than the remainder of the statement unless the attorney general requires it, and no statement may be used unless in its entirety.
III. The attorney general may require the subdivider at any time to alter or amend the proposed public offering statement in order to assure full and fair disclosure to prospective purchasers. A public offering statement is not current unless all amendments are incorporated.
IV. Any subdivider which has been permitted to submit an abbreviated registration pursuant to RSA 356-A:5, II, and any subdivider or subdivided lands which has been registered under the federal Interstate Land Sales Full Disclosure Act is not required to prepare a public offering statement to be used in connection with the offer or disposition of any interest in the subdivided lands.
Source.
1970, 55:1. 1977, 469:13-15. 1985, 300:7, I(b), 15.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 356-A - Land Sales Full Disclosure Act › Section 356-A:7 - Inquiry and Examination.

356-A:7 Inquiry and Examination. –
I. Upon receipt of an application for registration in proper form, the attorney general shall forthwith initiate such examination as he shall deem necessary to determine:
(a) That the subdivider can convey or can reasonably be expected to be able to convey or cause to be conveyed the interest in subdivided lands offered for disposition if the purchaser complies with the terms of the offer and, when appropriate, that release clauses, conveyances in trust or other safeguards have been provided;
(b) That there is reasonable assurance that all proposed improvements will be completed as represented. Reasonable assurance includes, but is not limited to, institutional financing in the form of a revolving line of credit in an amount equal to one-fourth of the total cost of constructing the residential units being registered, so long as (i) the loan documents provide (a) that funds may be re-advanced during the term of the loan to construct the residential units, and (b) that the institutional lender shall notify the attorney general in the event that the revolving line of credit is cancelled and (ii) in addition to the funds allocated to residential unit construction, the applicant shall provide evidence of adequate funds to complete any infrastructure, such as roads and utilities, necessary to service the units being registered. This subparagraph shall not prohibit the attorney general from finding other forms of financing to provide reasonable assurance. If the attorney general determines that a revolving line of credit has been cancelled, or is no longer adequate to pay for the cost of constructing the units that have been registered, the attorney general may issue a temporary cease and desist order pursuant to RSA 356-A:12;
(c) That the general promotional plan is not false or misleading and complies with the standards prescribed by the attorney general in his rules and affords full and fair disclosure;
(d) Whether the subdivider has not, or if a corporation its officers, directors, and principals have not, been convicted of a crime involving land dispositions or any aspects of the land sales business or any other felony in this state, the United States, or any other state or foreign country within the past 10 years and has not been subject to any injunction or administrative order within the past 10 years restraining a false or misleading promotional plan involving land dispositions;
(e) That the public offering statement requirements of this chapter have been satisfied.
II. All reasonable expenses incurred by the attorney general in carrying out the examination required by paragraph I shall be paid by the subdivider and no order registering the subdivided lands shall be entered until such expenses have been fully paid.
Source.
1970, 55:1. 1977, 469:16. 1985, 300:7, I, b. 2015, 256:4, eff. Jan. 1, 2016.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 356-A - Land Sales Full Disclosure Act › Section 356-A:9 - Annual Report.

356-A:9 Annual Report. –
I. On April 1 of each year following the registration of the subdivided lands, the subdivider shall, until such time as all of the improvements in the subdivided lands have been completed and all of the lots, parcels, units or interests have been disposed of by the subdivider, file a report in the form prescribed by the attorney general. The report shall reflect any material changes in information contained in the original application for registration, including but not limited to any change in the ownership of interests in the corporation or organization as required in RSA 356-A:5, I(f), (g) and (h).
II. The attorney general at his option may permit the filing of annual reports within 30 days after the anniversary date of the consolidated registration in lieu of the anniversary date of the original registration.
Source.
1970, 55:1. 1977, 469:19. 1985, 300:7, I, b.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 356-A - Land Sales Full Disclosure Act › Section 356-A:9-a - Escrow of Deposits.

356-A:9-a Escrow of Deposits. –
Any deposit made in regard to any disposition of a lot, parcel, unit or interest in subdivided lands shall be held in escrow until settlement or closing. Such escrow funds shall be deposited in a separate account designated for this purpose; provided, however, if such funds are being held by a real estate broker or attorney licensed under the laws of this state, they may be placed in that broker's or attorney's regular escrow account and need not be placed in a separate designated account. Such escrow funds shall not be subject to attachment by the creditors of either the purchaser or the subdivider.
Source.
1977, 469:20, eff. Sept. 10, 1977.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 356-A - Land Sales Full Disclosure Act › Section 356-A:9-b - Resale by Purchaser.

356-A:9-b Resale by Purchaser. –
I. In the event of any resale of a lot, parcel, unit or interest in subdivided lands by any person other than the subdivider, the prospective purchaser shall have a right to obtain from the property owners' association, if any, prior to the contract date of disposition, the following:
(a) A statement of any capital expenditures and major maintenance expenditures anticipated by the property owners' association within the current or succeeding 2 fiscal years;
(b) A statement of the status and amount of any reserve for the major maintenance or replacement fund and any portion of such fund earmarked for any specified project by the board of directors;
(c) A copy of the income statement and balance sheet of the property owners' association for the last fiscal year for which such statement is available;
(d) A statement of the status of any pending suits or judgments in which the property owners' association is a party defendant;
(e) A statement setting forth what insurance coverage is provided for all property owners by the property owners' association and what additional insurance coverage would normally be secured by each individual property owner; and
(f) A statement that any improvements or alterations made to the lot, parcel, unit or interest by the prior property owner are not known to be in violation of any restrictions and covenants imposed upon the subdivided lands.
II. The principal officer of the property owners' association, or such other officer or officers as the instruments creating such association may specify, shall furnish the statements prescribed by paragraph I upon the written request of any prospective purchaser within 10 days of the receipt of such request.
Source.
1977, 469:20, eff. Sept. 10, 1977.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 356-A - Land Sales Full Disclosure Act › Section 356-A:9-c - Taxation.

356-A:9-c Taxation. –
Each lot, parcel, or unit in which time sharing interests, as defined in RSA 356-A:1, XVI, have been created shall be valued for purposes of real property taxation as if such lot, parcel, or unit were owned by a single taxpayer. Condominium units in which time sharing interests have been created shall be taxed as wholly owned condominium units. The total cumulative purchase price paid for time sharing interests in any such lot, parcel, or unit shall not be determinative of its assessed value. No taxes shall be assessed against the individual owner of a time sharing interest but shall be assessed against the record owner of such lot, parcel, or unit; the owners' association; trustee; or managing agent, as appropriate.
Source.
1985, 107:1. 1989, 128:1, eff. May 15, 1989.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 356-A - Land Sales Full Disclosure Act › Section 356-A:11 - Investigations and Proceedings.

356-A:11 Investigations and Proceedings. –
I. The attorney general may:
(a) Make necessary public or private investigations within or outside of this state to determine whether any person has violated or is about to violate this chapter or any rule or order hereunder, or to aid in the enforcement of this chapter or in the prescribing of rules and forms hereunder;
(b) Require or permit any person to file a statement in writing, under oath and subject to the pains and penalties of perjury or otherwise as the agency determines, as to all the circumstances concerning matters under investigation.
II. For the purpose of any hearing under this chapter, the attorney general or any officer designated by rule may administer oaths or affirmations. Upon his own motion or upon request of any party, the attorney general or any officer designated by rule shall subpoena witnesses, issue subpoena duces tecum, compel their attendance, take evidence, and require the production of any matter which is relevant to such hearing, including the existence, description, nature, custody, condition, and location of any books, documents, or other tangible things and the identity and location of persons having knowledge of relevant facts or any other matter reasonably calculated to lead to the discovery of material evidence.
III. Upon failure to obey a subpoena or subpoena duces tecum or to answer questions propounded by the investigating officer, or to produce any material required by the investigating officer, and upon reasonable notice to all persons affected thereby, the attorney general may apply to the superior court for an order compelling compliance.
Source.
1970, 55:1. 1985, 300:7, I(b).
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 356-A - Land Sales Full Disclosure Act › Section 356-A:12 - Cease and Desist Orders.

356-A:12 Cease and Desist Orders. –
I. If the attorney general determines after notice and hearing that a person has:
(a) Violated any provisions of this chapter;
(b) Directly or through an agent or employee knowingly engaged in any false, deceptive, or misleading advertising, promotional, or sales methods to offer or dispose of any interest in subdivided lands;
(c) Made any material change in the plan of disposition and development of the subdivided lands subsequent to the order of registration without notifying the attorney general, obtaining his prior approval and making an appropriate amendment to the public offering statement;
(d) Disposed of any subdivided lands which have not been registered with the attorney general;
(e) Violated any lawful order or rule of the attorney general;
he may issue an order requiring the person to cease and desist from the unlawful practice and to take such affirmative action as in the judgment of the attorney general will carry out the purposes of this chapter.
II. If the attorney general determines that the public interest will be irreparably harmed by delay in issuing an order, he may, without hearing, issue a temporary cease and desist order. Prior to issuing the temporary cease and desist order, the attorney general shall attempt to give telephonic or other notice of the proposal to issue a temporary cease and desist order to the person. Every temporary cease and desist order shall include findings of fact in support of the attorney general's determination that the public interest will be irreparably harmed by delay in issuing the order and a provision that upon request a hearing will be held within 10 business days of the deposit in the United States mails or delivery in hand of said order to determine whether or not it becomes permanent.
Source.
1970, 55:1. 1977, 469:23, 24. 1985, 300:7, I(b).
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 356-A - Land Sales Full Disclosure Act › Section 356-A:13 - Revocation.

356-A:13 Revocation. –
I. A registration may be revoked after notice and hearing upon a written finding of fact that the subdivider has:
(a) Failed to comply with the terms of a cease and desist order;
(b) Been convicted after final appeal in any court subsequent to the filing of the application for registration for a crime involving fraud, deception, false pretenses, misrepresentation, false advertising, or dishonest dealing in real estate transactions;
(c) Disposed of, concealed, or diverted any funds or assets of any person so as to defeat the rights of subdivision purchasers;
(d) Failed to perform any stipulation or agreement made with the agency as an inducement to grant any registration, to reinstate any registration, or to approve any promotional plan or public offering statement;
(e) Made intentional misrepresentations or concealed material facts in an application for registration.
Findings of fact, if set forth in statutory language, shall be accompanied by a concise and explicit statement of the underlying facts supporting the findings.
II. If the attorney general finds after notice and hearing that the subdivider has been guilty of a violation for which revocation could be ordered, he may issue a cease and desist order instead.
III. If the attorney general makes a determination that the public interest will be irreparably harmed by delay in issuing an order, he may, without hearing, issue a temporary cease and desist order subject to the requirements of RSA 356-A:12, II.
Source.
1970, 55:1. 1977, 469:25, 26. 1985, 300:7, I(b).
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 356-A - Land Sales Full Disclosure Act › Section 356-A:14 - Judicial Review.

356-A:14 Judicial Review. –
I. Any person aggrieved by a decision or action of the attorney general may, by petition, appeal from said decision or action to the superior court for review. The superior court may affirm, reverse, or modify the decision or action of the attorney general as justice may require.
II. The filing of the petition does not itself stay enforcement of the attorney general's decision. The attorney general may grant, or the superior court may order, a stay upon appropriate terms.
III. Within 30 days after the service of the petition, or within further time allowed by the court, the attorney general shall transmit to the superior court the original or a certified copy of the entire record of the proceeding under review. By stipulation of all parties to the review proceedings, the record may be shortened. A party unreasonably refusing to stipulate to limit the record may be taxed by the court for the additional costs. The court may require or permit subsequent corrections or additions to the record.
IV. If, before the date set for a court hearing, application is made to the court for leave to present additional evidence, and it is shown to the satisfaction of the court that the additional evidence is material and that there were good reasons for failure to present it in the proceeding before the attorney general, the court may order that the additional evidence be taken before the attorney general upon conditions determined by the court. The attorney general may modify his findings and decision by reason of the additional evidence and shall file that evidence and any modifications, new findings, or decisions with the superior court.
Source.
1970, 55:1. 1977, 469:27. 1985, 300:7, I(b).
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 356-A - Land Sales Full Disclosure Act › Section 356-A:15 - Penalties.

356-A:15 Penalties. –
Any person who wilfully violates any provision of RSA 356-A or of a rule adopted under it or any person who wilfully, in an application for registration, makes any untrue statement of a material fact or omits to state a material fact shall be guilty of a class B felony if a natural person, or guilty of a felony if any other person.
Source.
1970, 55:1. 1973, 528:249, eff. Oct. 31, 1973 at 11:59 p.m.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 356-A - Land Sales Full Disclosure Act › Section 356-A:17 - Jurisdiction.

356-A:17 Jurisdiction. –
Dispositions of subdivided lands are subject to this chapter, and the superior courts of this state have jurisdiction in claims or causes of action arising under this chapter if:
I. The subdivided lands offered for disposition are located in this state; or
II. The subdivider's principal office is located in this state; or
III. Any offer or disposition of subdivided lands is made in this state, whether or not the offeror or offeree is then present in this state, if the offer originates within this state or is directed by the offeror to a person or place in this state and received by the person or at the place to which it is directed.
Source.
1970, 55:1, eff. May 4, 1970.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 356-A - Land Sales Full Disclosure Act › Section 356-A:18 - Interstate Rendition.

356-A:18 Interstate Rendition. –
In the proceedings for extradition of a person charged with a crime under this chapter, it need not be shown that the person whose surrender is demanded has fled from justice or at the time of the commission of the crime was in the demanding or other state.
Source.
1970, 55:1, eff. May 4, 1970.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 356-A - Land Sales Full Disclosure Act › Section 356-A:19 - Service of Process.

356-A:19 Service of Process. –
I. Service may be made by delivering a copy of the process to the office of the attorney general but it is not effective unless the plaintiff (which may be the attorney general in a proceeding instituted by him):
(a) Forthwith sends a copy of the process and of the pleading by certified or registered mail to the defendant or respondent at his last known address, and
(b) The plaintiff's affidavit of compliance with this section is filed in the case on or before the date specified by the court on the summons, or within such further time as the court allows.
II. If any person, including any nonresident of this state, engages in conduct prohibited by this chapter or any rule or order hereunder, and has not filed a consent to service of process and personal jurisdiction over him cannot otherwise be obtained in this state, that conduct authorizes the attorney general to receive service of process in any noncriminal proceeding against him or his successor which grows out of that conduct and which is brought under this chapter or any rule or order hereunder, with the same force and validity as if served on him personally. Notice shall be given as provided in paragraph I.
Source.
1970, 55:1. 1985, 300:7, I(b). 2014, 204:13, eff. July 11, 2014.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 356-A - Land Sales Full Disclosure Act › Section 356-A:20 - Conflict of Interests.

356-A:20 Conflict of Interests. –
No member of the consumer protection and antitrust bureau, department of justice or any partnership, firm or corporation with which a member is associated shall act as subdivider, agent, attorney or broker of a subdivision, lot, parcel, unit or interest therein or offer or dispose of a subdivision, lot, parcel, unit or interest therein required to be approved pursuant to RSA 356-A:4.
Source.
1970, 55:1. 1985, 300:7, I(b).
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 356-A - Land Sales Full Disclosure Act › Section 356-A:22 - Severability.

356-A:22 Severability. –
If any provision of this chapter or the application thereof to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of the chapter which can be given effect without the invalid provisions or application, and to this end the provisions of this chapter are severable.
Source.
1970, 55:1, eff. May 4, 1970.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 356-B - Condominium Act › Section 356-B:2 - Application.

356-B:2 Application. –
I. This chapter shall apply to all condominiums and to all condominium projects. This chapter shall be deemed to supersede RSA 479-A, the New Hampshire Unit Ownership of Real Property Act; and no condominium shall be established under the latter on or after September 10, 1977. This chapter shall not be construed to affect the validity of any provision of any condominium instrument recorded prior to September 10, 1977. Nor shall this chapter, except as set forth in paragraphs II and III, be deemed to apply to any real estate, or any interest therein, submitted to the provisions of RSA 479-A prior to September 10, 1977.
II. Notwithstanding the provisions of paragraph I, this subdivision, General Principles, and subdivision IV, Administration and Enforcement, shall apply to any offer or disposition on or after November 1, 1981, of time sharing interests in condominium units established under RSA 479-A, regardless of the date on which such condominium units were created.
III. Notwithstanding the provisions of paragraph I, if any condominium instrument recorded under RSA 479-A prior to September 10, 1977, shall be amended after September 10, 1977, for the purpose of creating 10 or more additional units in any such condominium project, this subdivision, General Principles, and subdivision IV, Administration and Enforcement, shall apply to said additional units. If said amendment creates 10 or more, but less than 26, additional units, the applicant shall be permitted to make an abbreviated registration pursuant to RSA 356-B:51, II, and shall not be required to prepare a public offering statement pursuant to RSA 356-B:52; provided, however, this sentence shall not apply if time sharing interests are offered with respect to such additional units.
Source.
1977, 468:1. 1981, 255:1, eff. Nov. 1, 1981.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 356-B - Condominium Act › Section 356-B:4 - Separate Titles and Taxation.

356-B:4 Separate Titles and Taxation. –
Each condominium unit shall constitute for all purposes a separate parcel of real property, distinct from all other condominium units. If there is any unit or units owned by any person other than the declarant, each such unit or units shall be subject to separate assessment and taxation by each assessing authority and special district for all types of taxes authorized by law. Each unit in which time sharing interests, as defined in RSA 356-B:3, XXVIII, have been created shall be valued for purposes of real property taxation as if such unit were owned by a single taxpayer. Condominium units in which time sharing interests have been created shall be taxed as wholly owned condominium units. The total cumulative purchase price paid for time sharing interests in any such unit shall not be determinative of the unit's assessed value. No taxes shall be assessed against the individual owner of a time sharing interest but shall be assessed against the record owner of such unit, the owners' association, trustee, or managing agent, as appropriate.
Source.
1977, 468:1. 1985, 107:2. 1989, 128:2, eff. May 15, 1989.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 356-B - Condominium Act › Section 356-B:5 - Municipal Ordinances.

356-B:5 Municipal Ordinances. –
No zoning or other land use ordinance shall prohibit condominiums as such by reason of the form of ownership inherent therein. Neither shall any condominium be treated differently by any zoning or other land use ordinance which would permit a physically identical project or development under a different form of ownership. No subdivision ordinance in any city or town shall apply to any condominium or to any subdivision of any convertible land, convertible space, or unit unless such ordinance is by its express terms made applicable thereto. Nevertheless, cities and towns may provide by ordinance that proposed conversion condominiums and the use thereof which do not conform to the zoning, land use and site plan regulations of the respective city or town in which the property is located shall secure a special use permit, a special exception, or variance, as the case may be, prior to becoming a conversion condominium. In the event of an approved conversion to condominiums, cities, towns, village districts, or other political subdivisions may impose such charges and fees as are lawfully imposed by such political subdivisions as a result of construction of new structures to the extent that such charges and fees, or portions of such charges and fees, imposed upon property subject to such conversions may be reasonably related to greater or additional services provided by the political subdivision as a result of the conversion.
Source.
1977, 468:1, eff. Sept. 10, 1977.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 356-B - Condominium Act › Section 356-B:6-a - Applicability of Chapter.

356-B:6-a Applicability of Chapter. –
I. In the event of a conflict between the declaration or bylaws, the provisions of RSA 356-B shall control.
II. A unit owners association may amend or revise the condominium documents to comply with the requirements of RSA 356-B without the need to obtain mortgagee approval if the changes do not affect the mortgagee's equity or security interest in the property.
Source.
2016, 311:4, eff. Aug. 1, 2016.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 356-B - Condominium Act › Section 356-B:7 - Creation of Condominium.

356-B:7 Creation of Condominium. –
No condominium shall come into existence except by the recordation of condominium instruments pursuant to this chapter. No condominium instruments shall be recorded unless all units located or to be located on any portion of the submitted land, other than within the boundaries of any convertible lands, are depicted on site plans and floor plans that comply with RSA 356-B:20, I and II. The foreclosure of any mortgage, deed of trust, or other lien shall not be deemed, in and of itself, to terminate the condominium. Notwithstanding any provision of law to the contrary, if a rent increase is made in accordance with RSA 356-C:3, I(a)(12), application for condominium conversion shall not be made until 3 months after such increase.
Source.
1977, 468:1. 1987, 320:4, eff. May 25, 1987.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 356-B - Condominium Act › Section 356-B:9 - Description of Condominium Units.

356-B:9 Description of Condominium Units. –
After the creation of the condominium, no description of a condominium unit shall be deemed vague, uncertain, or otherwise insufficient or infirm which sets forth the identifying number of that unit, the name of the condominium, the name of the town or city and county wherein the condominium is situated, and the deed book and page number where the first page of the declaration is recorded. Any such description shall be deemed to include the undivided interest in the common area appertaining to such unit even if such interest is not defined or referred to therein.
Source.
1977, 468:1, eff. Sept. 10, 1977.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 356-B - Condominium Act › Section 356-B:10 - Execution of Condominium Instruments.

356-B:10 Execution of Condominium Instruments. –
The declaration and bylaws and any amendments to either made pursuant to RSA 356-B:33 shall be duly executed by or on behalf of all of the owners and lessees of the submitted land. But the phrase "owners and lessees" in the preceding sentence and in RSA 356-B:25 does not include, in their capacity as such, any mortgagee, any trustee or beneficiary under a deed of trust, any other lien holder, any person having an inchoate dower or curtesy interest, any person having an equitable interest under any contract for the sale and/or lease of a condominium unit, or any lessee whose leasehold interest does not extend to any portion of the common area.
Source.
1977, 468:1, eff. Sept. 10, 1977.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 356-B - Condominium Act › Section 356-B:11 - Recordation of Condominium Instruments.

356-B:11 Recordation of Condominium Instruments. –
All amendments and certifications of condominium instruments shall set forth the name of the condominium, the name of the town or city and county in which the condominium is located, and the deed book and page number where the first page of the declaration is recorded. All condominium instruments, and all amendments and certifications thereof, shall be recorded in the registry of deeds of every county wherein any portion of the condominium is located, and shall set forth the name and address of the condominium.
Source.
1977, 468:1, eff. Sept. 10, 1977.