New Hampshire Administrative Code

(a) The exemptions from registration and annual reporting provided by Jus 1304.03, Jus 1304.07, and Jus 1304.10 shall not be available for any subdivision in which the subdivider has conveyed a legal or equitable interest in any parcel, lot, unit, or interest by means of a deed o…

(a) The surety required with respect to completion of streets or roads shall be in the form of: (1) A bond; (2) An irrevocable letter of credit; (3) A mortgage to the governmental entity requiring the surety; or (4) Any other form acceptable to the town or city and to the bureau.…

(a) Upon receipt of an application for exemption pursuant to Jus 1304.03, Jus 1304.07, or Jus 1304.10, that is not in proper form, including but not limited to an incomplete application or an application made on an incorrect form, the bureau shall reject the application. However,…

(a) Except for applications for exemption otherwise provided for by these rules, an application for exemption from any of the provisions of RSA 356-A shall be made by written letter submitted to the offices of the bureau. The letter shall be captioned CPLS120/EXEMPTION REQUEST. (…

(a) A subdivider may dispose of subdivided lots, parcels, units, or interests, prior to being registered or exempted from registration under any other provision of these rules, to persons who will further develop or improve them and offer and dispose of them to purchasers for res…

(a) If, subsequent to the issuance of an exemption from registration, or other exemption, the bureau has reasonable grounds to believe that exemption in the particular case is not in the public interest, the bureau shall, upon notice of an opportunity for hearing as provided by J…

(a) The exemption from registration of subdivisions in which all lots, parcels, units, or interests are restricted to non-residential use provided in RSA 356-A:3, I(d) shall not apply to any subdivision as to which there is a substantial possibility that a lot, parcel, unit, or i…

Every subdivider shall keep a copy of each document and all written information submitted to the bureau in connection with any application for registration ultimately approved, until January 31 of the calendar year following the year in which all lots, parcels, units, or interest…

(a) Every subdivider applying for registration of a subdivision of more than 50 lots, parcels, units, or interests shall complete the "Comprehensive Application for Registration" Form CPLS100, (August, 2019) which shall be filed at the offices of the bureau. (b) Applicants shall …

(a) Applicants submitting Form CPLS100 or CPLS110 shall also complete and submit the "Principal's Background Statement", Form CPLS170, (August, 2019) for each principal, except that any institutional lender which holds title to subdivided land by foreclosure, or pursuant to a for…

(a) Financial information required by these rules shall consist of evidence, satisfactory to the bureau, of the subdivider's ability to complete all promised improvements or amenities. (b) Such evidence shall include, at a minimum, the following: (1) Development and marketing cos…

Information about development and marketing costs required by Jus 1306.05 shall include: (a) Expenditures; and (b) Good faith estimates of projected costs of land acquisition, construction, marketing, advertising, sales, interest, and any other costs related to the development of…

(a) The plan of financing required by Jus 1306.05 shall include, at a minimum, a narrative description identifying all sources and amounts of financing of all promised improvements. (b) In addition, the plan shall include a good faith narrative or graphic cash flow projection rel…

(a) Evidence of financing commitments required by Jus 1306.05 shall include, at a minimum: (1) A copy of a written, signed, commitment from an institutional lender to advance funds to the subdivider sufficient to complete all promised improvements, or, to the extent that the subd…

(a) The financial statements required by Jus 1306.05 shall be the subdivider's financial statements for the last full fiscal year. These statements shall be prepared in accordance with generally accepted accounting principles, and shall be certified or reviewed by an independent …

(a) Subdividers shall use a contract for purchase or lease which includes: (1) Express notice of the purchaser's 5-day right to cancel, as prescribed by RSA 356-A:4, II; (2) The name and address of the escrow agent designated to carry out the provisions of RSA 356-A:9-a; and (3) …

The instruments of any property owners' association shall contain, in addition to all other statutory requirements, a section which sets forth the resale rights of the purchaser provided by RSA 356-A:9-b. Notes N.H. Admin. Code § Jus 1306.11 (See Revision Note at chapter heading …

(a) Every subdivider applying for registration of a subdivision of more than 15 lots, parcels, units, or interests, but which does not contain and never shall contain more than 50 lots, parcels, units, or interests shall complete "the Abbreviated Application for Registration" For…

(a) Upon receipt of a comprehensive or abbreviated application for registration that is not in proper form, including but not limited to an incomplete application or an application made on an incorrect form, the bureau shall return the application to the applicant. However, if th…

(a)Jus 1306.14 shall only apply to those subdivisions in which some lots, parcels, units, or interests have already been registered. (b) Every subdivider applying for the registration of lots, parcels, units, or interests which have not been previously registered, shall either: (…

An application for registration of additional lots, parcels, units, or interests shall be accompanied by a fee in the amount of $200 or $30 for each lot, parcel, unit, or interest for which registration is sought, whichever is greater, provided, however, that no more than $2,000 …

(a) Registration of lots, parcels, units, or interests in a subdivision shall be evidenced by a certificate issued by the bureau to the subdivider. (b) The registration shall authorize the offer or disposition of only those lots, parcels, units, or interests identified in the cer…

(a) All subdividers so obligated pursuant to RSA 356-A:9 shall file the "Annual Report for Subdivision" Form CPLS200, (August, 2019), the annual report, on April 1 of each year following the date of the original registration. (b) The report shall be accurate as of the date that t…

(a) Notification to the bureau of proposed material changes in the plan of disposition or development of a subdivision shall be in writing. (b) No such change shall be made unless and until the bureau has given its affirmative written approval of the change. Notes N.H. Admin. Cod…

(a) Any person who comes to stand in the same relation to the subdivision as the original subdivider shall be required to make separate application to the bureau for registration as a successor subdivider. (b) The successor subdivider shall complete Form CPLS100 (August, 2019) or…

(a) With respect to applications for registration of subdivisions located outside of New Hampshire, the bureau shall accept, in lieu of Form CPLS100 (August, 2019) or Form CPLS110 (August, 2019): (1) A certified copy of an application for registration or its equivalent filed with…

(a) The information contained in the public offering statement shall be set forth under appropriate captions or headings which are reasonably indicative of the principal subject matter thereunder and shall be divided into reasonably short paragraphs or sections. The pages shall b…

(a) The public offering statement shall set forth on its outside front cover or first inside page a statement, substantially as follows, in capital letters printed in boldface, roman type at least as large as 10 point modern type: "PUBLIC OFFERING STATEMENT THIS SUBDIVISION IS RE…

(a) In addition to those matters required by RSA 356-A:6, every public offering statement shall also include:(1) A description of any legal proceedings against the subdivider which may affect the financial status of the subdivision; and (2) A statement of any legal proceedings br…

(a) When a subdivider is engaged in the offer and disposition of time sharing interests in a subdivision, the following information shall also be included in the public offering statement: (1) A paragraph setting forth: a. The name and address of any exchange program(s) with whic…

(a) At least one master copy of the current public offering statement approved by the bureau shall be maintained by the subdivider as a desk copy and made readily available for inspection by any person who may visit the subdivision, or any sales office or other location in which …

(a) The bureau shall permit promotional activity which includes the offering of prizes or gifts consisting of intangible property as an inducement to visit a subdivision, to attend a meeting at which a subdivision will be discussed, or to acquire a lot, parcel, unit, or interest …

(a) At least 60 days prior to offering any gift of intangible property as contemplated in section Jus 1308.01, the person proposing to make the offer shall submit to the bureau by written letter captioned "CPLS120/Exemption Request" as an application for exemption. (b) The applic…

(a) "Non-binding reservation agreement" means an agreement between the subdivider and a prospective purchaser which is in no way binding on the prospective purchaser and which can be canceled without penalty at the sole discretion of the prospective purchaser by written notice, h…

(a) No subdivision may be advertised, regardless of the medium, prior to submission to the bureau of the notice required by Jus 1308.03 unless: (1) The subdivision is exempt under RSA 356-A:3, I; or (2) The subdivision has been registered or exempted from registration by the bure…

A subdivision which is not located in this state and is not registered in this state and which may be advertised in out-of-state publications disseminated in this state or through an out-of-state medium received in this state must comply with Jus 1308.04 if the offer originates w…

(a) In responding to any petition for rule-making or declaratory ruling, and when proceeding in any contested case under RSA 356-A, the bureau shall comply with the provisions of RSA 541-A. (b) To the extent that RSA 356-A conflicts with RSA 541-A, the bureau shall comply with th…

Written notice of an adjudicative proceeding, received by prepaid certified mail by a party at least 30 days prior to the date of the hearing, shall be deemed reasonable. Notes N.H. Admin. Code § Jus 1309.02 (See Revision Note at chapter heading for Jus 1300) #9782-A, eff 9-11-10…

The presiding officer at an adjudicatory hearing conducted under RSA 356-A shall be the senior assistant attorney general in charge of the bureau or any person designated by him. Notes N.H. Admin. Code § Jus 1309.03 (See Revision Note at chapter heading for Jus 1300) #9782-A, eff…

(a) All applications for exemption or registration submitted to the bureau pursuant to these rules shall be accompanied by a cover sheet affirming that the application submitted is complete. (b) The applicant shall complete and submit an "Affirmation of Complete Application," For…

(a) The bureau shall have available upon request, the following forms at the bureau's office located at 33 Capitol Street, Concord, New Hampshire 03301 (Telephone number 603-271-3641): (1) Form CPLS100, "Comprehensive Application for Registration"; (2) Form CPLS110, "Abbreviated …

"Bureau" means the bureau of consumer protection and antitrust, New Hampshire department of justice. Notes N.H. Admin. Code § Jus 1401.01 (See Revision Note at chapter heading for Jus 1400) #9783-A, eff 9-11-10 Amended by Volume XXXIX Number 46, Filed November 14, 2019, Proposed …

"Dispose" or "disposition" means "dispose" or "disposition" as defined in RSA 356-B:3, XIV, namely "any sale, contract, assignment or any other voluntary transfer of a legal or equitable interest in a condominium unit, except as security for a debt." The term also includes, witho…

"Documentary evidence" means: (a) In the case of cost estimates, documentation obtained from the suppliers of the services; and (b) In the case of estimates of completion dates:(1) Actual contracts awarded; (2) Engineering schedules; or (3) Other evidence of commitments to comple…

"Good faith estimate" means an estimate based on such documentary evidence as is available. Notes N.H. Admin. Code § Jus 1401.04 (See Revision Note at chapter heading for Jus 1400) #9783-A, eff 9-11-10 Amended by Volume XXXIX Number 46, Filed November 14, 2019, Proposed by # 1291…

"Institutional lender" means "institutional lender" as defined in RSA 356-B:3, XVII, namely "one or more commercial or savings banks, savings and loan associations, trust companies, credit unions, industrial loan associations, insurance companies, pension funds, or business trust…

"Office of the attorney general" means the New Hampshire department of justice. Notes N.H. Admin. Code § Jus 1401.06 (See Revision Note at chapter heading for Jus 1400) #9783-A, eff 9-11-10 Amended by Volume XXXIX Number 46, Filed November 14, 2019, Proposed by # 12910, Effective…