Title XXXVI, Pawnbrokers and Moneylenders

I. Any person, or group of persons acting in concert, seeking to acquire control of a licensee shall obtain approval of the commissioner prior to acquiring control. An individual is not deemed to acquire control of a licensee and is not subject to these acquisition of control pro…

I. A licensee adding or replacing any key individual shall: (a) Provide notice in a manner prescribed by the commissioner within 15 days after the effective date of the key individual's appointment; and (b) Provide information as required by RSA 399-G:9 within 45 days of the effe…

I. Each licensee shall submit a report of condition within 45 days of the end of the calendar quarter, or within any extended time as the commissioner may prescribe. II. The report of condition shall include: (a) Financial information at the licensee level; (b) Nationwide and sta…

I. Each licensee shall, within 90 days after the end of each fiscal year, or within any extended time as the commissioner may prescribe, file with the commissioner: (a) An audited financial statement of the licensee for the fiscal year prepared in accordance with United States ge…

I. Each licensee shall submit a report of authorized delegates within 45 days of any change to the number of authorized delegates. The commissioner is authorized and encouraged to utilize NMLS for the submission of the report required by this section provided that such functional…

I. A licensee shall file a report with the commissioner within one business day after the licensee has reason to know of the occurrence of any of the following events: (a) The filing of a petition by or against the licensee under the United States Bankruptcy Code, 11 U.S.C. Secti…

A licensee and an authorized delegate shall file all reports required by federal currency reporting, record keeping, and suspicious activity reporting requirements as set forth in the Bank Secrecy Act and other federal and state laws pertaining to money laundering. The timely fil…

The following terms shall have the following meanings, unless context clearly indicates otherwise: I. "Acting in concert" means persons knowingly acting together with a common goal of jointly acquiring control of a licensee whether or not pursuant to an express agreement. II. "Au…

I. Licensee shall maintain the following records, for determining its compliance with this chapter for at least 3 years: (a) A record of each outstanding money transmission obligation sold; (b) A general ledger posted at least monthly containing all asset, liability, capital, inc…

I. In this section, "remit" means to make direct payments of money to a licensee or its representative authorized to receive money or to deposit money in a bank in an account specified by the licensee. II. Before a licensee is authorized to conduct business through an authorized …

A person shall not engage in the business of money transmission on behalf of a person not licensed under this chapter or not exempt pursuant to RSA 399-G:3. A person that engages in such activity provides money transmission to the same extent as if the person were a licensee and …

I. Every licensee shall forward all money received for transmission in accordance with the terms of the agreement between the licensee and the sender unless the licensee has a reasonable belief or a reasonable basis to believe that the sender may be a victim of fraud or that a cr…

I. This section shall not apply to: (a) Money received for transmission subject to the federal Remittance Rule, 12 C.F.R. part 1005, subpart B, as amended or recodified from time to time; or (b) Money received for transmission pursuant to a written agreement between the licensee …

I. This section does not apply to: (a) Money received for transmission subject to the federal Remittance Rule (12 C.F.R. part 1005, subpart B), as amended or recodified from time to time; (b) Money received for transmission that is not primarily for personal, family, or household…

I. A licensee shall maintain at all times a tangible net worth of the greater of $100,000 or 3 percent of total assets for the first $100 million, 2 percent of additional assets for $100 million to $1 billion, and 0.5 percent of additional assets for over $1 billion. II. Tangible…

I. An applicant for a money transmission license must provide, and a licensee at all times must maintain, security consisting of a surety bond in a form satisfactory to the commissioner or, with the commissioner's approval, a deposit instead of a bond in accordance with this sect…

I. A licensee shall maintain at all times permissible investments that have a market value computed in accordance with United States generally accepted accounting principles of not less than the aggregate amount of all of its outstanding money transmission obligations. II. Except…

I. The following investments are permissible under RSA 399-G:28: (a) Cash, including demand deposits, savings deposits, and funds in such accounts held for the benefit of the licensee's customers in a federally insured depository financial institution, and cash equivalents includ…

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 agenc…

I. The commissioner may suspend or revoke a license or order a licensee to revoke the designation of an authorized delegate if: (a) The licensee violates this chapter or a rule adopted or an order issued under this chapter; (b) The licensee does not cooperate with an examination …

I. The commissioner may issue an order suspending or revoking the designation of an authorized delegate, if the commissioner finds that: (a) The authorized delegate violated this chapter or a rule adopted or an order issued under this chapter; (b) The authorized delegate did not …

I. If the commissioner determines that a violation of this chapter or of a rule adopted or an order issued under this chapter by a licensee or authorized delegate is likely to cause immediate and irreparable harm to the licensee, its customers, or the public as a result of the vi…

The commissioner may enter into a consent order at any time with a person to resolve a matter arising under this chapter or a rule adopted or order issued under this chapter. A consent order shall be signed by the person to whom it is issued or by the person's authorized represen…

I. A person that intentionally makes a false statement, misrepresentation, or false certification in a record filed or required to be maintained under this chapter or that intentionally makes a false entry or omits a material entry in such a record is guilty of a felony. II. A pe…

I. If the commissioner has reason to believe that a person has violated or is violating RSA 399-G:7, the commissioner may issue an order to show cause why an order to cease and desist should not issue requiring that the person cease and desist from the violation. II. In an emerge…

I. Consumer complaints naming licensees under this chapter, which are filed in writing with the office of the commissioner, shall be forwarded via electronic mail or certified or registered mail to the licensee for response within 10 days of receipt by the department. Licensees s…

In applying and construing this chapter, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact similar regulation.

If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provision…

I. A person licensed in this state to engage in the business of money transmission shall not be subject to the provisions of this chapter, to the extent that they conflict with current law or establish new requirements not imposed under current law, until January 1, 2026. II. Not…

The commissioner shall administer, interpret, and enforce this chapter. The commissioner may adopt rules implementing this chapter, and may assess fees and costs associated with applications, examinations, investigations, and other actions taken to achieve the purpose of this cha…

I. Except as otherwise provided in paragraph II and RSA 383:10-b, all information or reports obtained by the commissioner from an applicant, licensee, or authorized delegate, and all information contained in or related to an examination, investigation, operating report, or condit…

I. The commissioner may conduct an examination or investigation of a licensee or authorized delegate, or may otherwise take independent action authorized by this chapter as reasonably necessary or appropriate to administer and enforce the provisions of this chapter and other appl…

No person shall engage in the business of money transmission or advertise, solicit, or hold itself out as providing money transmission in this state unless the person is licensed pursuant to this chapter or exempt pursuant to RSA 399-G:3. Nothing in this section shall prohibit an…

I. Applicants for a license shall apply in a form and in a medium as prescribed by the commissioner. The application shall be submitted through NMLS and shall contain the following information: (a) The legal name and residential and business addresses of the applicant and any fic…

I. Any individual in control of a licensee or applicant, any individual that seeks to acquire control of a licensee, and each key individual shall furnish to the commissioner through NMLS the following items: (a) The individual's fingerprints for submission to the Federal Bureau …