Title XXXVI, Pawnbrokers and Moneylenders

Any person engaged in the business of extending credit shall furnish to each person to whom such credit is extended, concurrently with the consummation of the transaction or agreement to extend credit, a clear statement in writing setting forth the finance charges, expressed in d…

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 lice…

A finance charge statement or disclosure in a consumer credit transaction, as defined in RSA 358-K:1, V, that is made in conformity with Federal Reserve Board Regulation Z, Truth in Lending, 12 CFR 226, as amended, or Regulation M, 12 CFR 213, as amended, shall be deemed to fulfi…

I. The commissioner shall have the power to subpoena witnesses and administer oaths in any adjudicative proceeding and to compel, by subpoena duces tecum, the production of documents, papers, books, records, files, and other evidence, whether electronically stored or otherwise, b…

I. The department may issue a cease and desist order against any 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. II. (a) The order shall be calculated to give reasonable notice of the opportu…

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. Any person or the members, officers, directors, agents, and employees thereof who knowingly violates any provision of this chapter shall be guilty of a misdemeanor for each violation if a natural person, or felony if any other person. II. Any person violating the provisions of…

I. The commissioner may issue an order requiring a person to whom any license has been granted or any person under the commissioner's jurisdiction to show cause why the license should not be revoked, suspended, or penalties imposed, or both, for violations of this chapter. II. (a…

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 …

The balance in the consumer credit administration license fund shall be transferred and shall be payable to the state treasurer as restricted revenue and credited to the appropriation for the commissioner, consumer credit administration division. Sums collected under this chapter…

I. The department may issue a cease and desist order against any person who it has reasonable cause to believe has violated or is about to violate the provisions of this chapter or any rule or order under this chapter. II. (a) The order shall be calculated to give reasonable noti…

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. Any person or the members, officers, directors, agents, and employees thereof who knowingly violate any provision of this chapter shall be guilty of a misdemeanor if a natural person, or a felony if any other person. II. Any person violating the provisions of RSA 399-A:15 thro…

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 …

The balance in the consumer credit administration license fund shall be transferred and shall be payable to the state treasurer as restricted revenue and credited to the appropriation for the commissioner, consumer credit administration division. Sums collected under this chapter…

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…

No person shall extend credit in contravention of this chapter.

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…

The provisions of this chapter shall not apply to: I. Any attorney admitted to the practice of law in this state, when engaged in such practice. II. Any financial institution authorized to transact business in this state, which performs debt adjuster activity in the regular cours…

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. (a) To be considered for licensing, each person shall complete and file with the department one verified application through the Nationwide Multistate Licensing System and Registry, using the Nationwide Multistate Licensing System and Registry form which shall include, but not…

I. Every applicant for licensing under this chapter shall file with the commissioner a written verified application through the Nationwide Multistate Licensing System and Registry, using the Nationwide Multistate Licensing System and Registry form which shall include, but is not …

Whoever wilfully violates any provision of RSA 399-B shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.

I. Upon the applicant's filing of the complete application, and payment of the required fee, the commissioner shall have, in accordance with RSA 541-A:29, up to 120 days to investigate and determine whether the applicant's financial resources, experience, personnel, and record of…

Where a buyer makes any subsequent purchases of consumer goods from a seller from whom he has previously purchased goods or services under one or more conditional sales contracts, and the amounts under the contract or contracts have not been fully paid, the subsequent purchases m…

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…

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…

Prior to or after any action by the seller or his agents to repossess consumer goods under the terms of any such conditional sales contract or contracts involving both previous and subsequent purchases which have not been fully paid, the seller must retroactively allocate all pay…

I. If the commissioner determines that the applicant fails to meet the requirements of this chapter, the commissioner shall immediately, in writing, notify the applicant of that determination. II. The commissioner may deny a license application if it is in the public interest and…