2014 New Hampshire Revised Statutes
Title XXXVIII - SECURITIES
Chapter 421-B - SECURITIES
Section 421-B:22 - Investigations and Subpoenas.

    421-B:22 Investigations and Subpoenas. –
    I. The secretary of state may:
       (a) Make such public or private investigations within or without this state as he deems necessary to determine whether any person has violated or is about to violate this title or any rule or order under this title, or to aid in the enforcement of this title or in the adopting of rules and forms under this title;
       (b) Require or permit any person to file a statement in writing, under oath or otherwise as the secretary of state determines, as to all the facts and circumstances concerning the matter being investigated;
       (c) Publish information which is contained in any order issued by the secretary of state;
       (d) Hold hearings, upon reasonable notice, in respect to any matter arising out of the administration of this chapter;
       (e) Conduct investigations and hold hearings for the purpose of compiling information with a view to recommending changes in this title to the legislature; and
       (f) Require an issuer, broker-dealer, or agent to report to him all transactions as they pertain to any security. Such reports shall be made within 10 days after demand therefor by the secretary of state and shall be open for public inspection only upon a court order. The secretary of state shall not make known, in any manner not provided by law, any information contained in such reports.
    II. For the purpose of any investigation, hearing or proceeding under this title, the secretary of state or any officer designated by him may administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence and require the production of any books, papers, correspondence, memoranda, agreements, or other documents or records which the secretary of state deems relevant or material to the inquiry.
    III. In the event that a person refuses to obey a subpoena issued to him or her or any order or determination the secretary of state is authorized to make, the superior court, upon application by the attorney general or secretary of state or any officer designated by the secretary of state, may issue to the person an order directing him or her to appear before the attorney general or secretary of state, or the officer designated by him or her, to produce documentary evidence if so ordered or to give evidence touching the matter under investigation or in question. Failure to obey the order of the court may be punished by the court as a contempt of court.
    IV. In any investigation to determine whether any person has violated or is about to violate this title or any rule or order under this title, upon the secretary of state's prevailing at hearing, or the person charged with the violation being found in default, or pursuant to a consent order issued by the secretary of state, the secretary of state shall be entitled to recover the costs of the investigation, and any related proceedings, including reasonable attorney's fees, in addition to any other penalty provided for under this chapter.

Source. 1981, 214:1. 1987, 411:2. 1991, 355:89, II. 1992, 288:49. 1994, 388:20. 2003, 156:9, eff. Aug. 16, 2003. 2008, 332:4, eff. Jan. 1, 2009.