2023 New Hampshire Revised Statutes › Title XXXVI - Pawnbrokers and Moneylenders › Chapter 399-G - Licensing of Money Transmitters › Section 399-G:3 - Exemptions.

399-G:3 Exemptions. –
The provisions of this chapter shall not apply to:
I. Any bank, trust company, savings and loan association, profit sharing and pension trust, credit union, thrift company, insurance company, or receivership, which may be chartered by this state or any other state or by any agency of the United States.
II. The United States or any department, instrumentality, or agency thereof.
III. A state, county, city, or any other governmental agency or governmental subdivision of a state.
IV. Electronic funds transfer of governmental benefits for a federal, state, county, or governmental agency by a contractor on behalf of the United States or a department, agency, or instrumentality thereof, or a state or governmental subdivision, agency, or instrumentality thereof.
V. Retailers issuing stored value credits or gift cards.
VI. A debt adjuster duly licensed pursuant to RSA 399-D that acts as a money transmitter for the sole purpose of providing a debt adjustment service to a consumer under terms of a contract issued pursuant to RSA 399-D and that has a surety bond on file with the commissioner under RSA 399-D in the amount of $100,000.
VI-a. Persons who engage in the business of selling or issuing payment instruments or stored value solely in the form of convertible virtual currency or receive convertible virtual currency for transmission to another location. Such persons shall be subject to the provisions of RSA 358-A.
VII. Other persons not within the intent of this chapter as the commissioner may designate by rule or order.
VIII. An operator of a payment system to the extent it provides processing, clearing, or settlement services, between or among persons exempted by this section or licensees, in connection with wire transfers, credit card transactions, debit card transactions, stored-value transactions, automated clearing house transfers, or similar funds transfers.
IX. A person appointed as an agent of a payee to collect and process a payment from a payor to the payee for goods or services, other than money transmission itself, provided to the payor by the payee, provided that:
(a) There exists a written agreement between the payee and the agent directing the agent to collect and process payments from payors on the payee's behalf;
(b) The payee holds the agent out to the public as accepting payments for goods or services on the payee's behalf; and
(c) Payment for the goods or services is treated as received by the payee upon receipt by the agent so that the payor's obligation is extinguished and there is no risk of loss to the payor if the agent fails to remit the funds to the payee.
X. A person that acts as an intermediary by processing payments between an entity that has directly incurred an outstanding money transmission obligation to a sender, and the sender's designated recipient, provided that the entity:
(a) Is properly licensed or exempt from licensing requirements under this chapter;
(b) Provides a receipt, electronic record, or other written confirmation to the sender identifying the entity as the provider of money transmission in the transaction; and
(c) Bears sole responsibility to satisfy the outstanding money transmission obligation to the sender, including the obligation to make the sender whole in connection with any failure to transmit the funds to the sender's designated recipient.
XI. Money transmission by the United States Postal Service or by an agent of the United States Postal Service.
XII. A board of trade designated as a contract market under the federal Commodity Exchange Act, 7 U.S.C. Sections 1-25, as amended or recodified from time to time, or a person that, in the ordinary course of business, provides clearance and settlement services for a board of trade to the extent of its operation as or for such a board.
XIII. A registered futures commission merchant under the federal commodities laws to the extent of its operation as such a merchant.
XIV. A person registered as a securities broker-dealer under federal or state securities laws to the extent of its operation as such a broker-dealer.
XV. An individual employed by a licensee, authorized delegate, or any person exempted from the licensing requirements of this chapter when acting within the scope of employment and under the supervision of the licensee, authorized delegate, or exempted person as an employee and not as an independent contractor.
XVI. A person expressly appointed as a third party service provider to or agent of an entity exempt under RSA 399-G:3, I, solely to the extent that:
(a) Such service provider or agent is engaging in money transmission on behalf of and pursuant to a written agreement with the exempt entity that sets forth the specific functions that the service provider or agent is to perform; and
(b) The exempt entity assumes all risk of loss and all legal responsibility for satisfying the outstanding money transmission obligations owed to purchasers and holders of the outstanding money transmission obligations upon receipt of the purchaser's or holder's currency or monetary value by the service provider or agent.
XVII. For purposes of this section, "outstanding money transmission obligations" shall be established and extinguished in accordance with applicable state law and shall mean:
(a) Any payment instrument or stored value issued or sold by the licensee to a person located in the United States or reported as sold by an authorized delegate of the licensee to a person that is located in the United States that has not yet been paid or refunded by or for the licensee, or escheated in accordance with applicable abandoned property laws; or
(b) Any currency received for transmission by the licensee or an authorized delegate in the United States from a person located in the United States that has not been received by the payee or refunded to the sender, or escheated in accordance with applicable abandoned property laws.
XVIII. For purposes of paragraph XVII, "in the United States" shall include, to the extent applicable, a person in any state, territory, or possession of the United States; the District of Columbia; the Commonwealth of Puerto Rico; or a U.S. military installation that is located in a foreign country.
Source.
2015, 258:1, eff. Jan. 1, 2016. 2017, 70:1, eff. Aug. 1, 2017. 2023, 45:1, eff. July 18, 2023.