2015 New Hampshire Revised Statutes
Title XXXVI - PAWNBROKERS AND MONEYLENDERS
Chapter 399-G - LICENSING OF MONEY TRANSMITTERS
Section 399-G:14 - Annual Report.

[RSA 399-G:14 effective until January 1, 2016; see also RSA 399-G:14 set out below.]     399-G:14 Annual Report. –
    I. Each licensee shall file, under oath, an annual report with the banking department on or before March 31 each year concerning operations for the preceding year or license period ending December 31 upon the form prescribed by the department.
    II. A person who surrenders, withdraws, or does not renew a license shall file the annual report as required in paragraph I, notwithstanding the fact that he or she is not licensed on the date that the report is due.
    III. Each licensee shall also file, under oath, its financial statement with the commissioner within 90 days from the date of its fiscal year end. The financial statement shall be prepared in accordance with generally accepted accounting principles with appropriate note disclosures and, unless excepted by an order form the commissioner for hardship reasons, shall be audited by an independent certified public accountant. A money transmitter's financial statement shall include a balance sheet, income statement, statement of changes in owners' equity, a cash flow statement, and a statement of net worth. The financial statement shall include or be accompanied by a calculation that reflects the fiscal year's average daily transactions in United States dollars.
    IV. The department shall publish its analysis of the information required in the licensee's annual report as a part of the commissioner's annual report.
    V. Any money transmitter failing to file either the annual report or the financial statement required by this section within the time prescribed may be required to pay to the banking department a penalty of $25 for each calendar day the annual report or financial statement is overdue up to a maximum penalty of $2,500 per report or statement.
    VI. In addition to the annual report and financial statement, the banking department may require such additional regular or special reports as it may deem necessary to the proper supervision of licensees under this chapter.
    VII. Any officer, owner, manager, or agent of any licensee and any person controlling or having a contract under which he or she has a right to control such a licensee, whether exclusively or otherwise, and any person with executive authority over or in charge of any segment of such a licensee's affairs, shall reply promptly in writing, or in other designated form, to any written inquiry from the commissioner requesting a reply. The commissioner may require that any communication made to him or her under this section be verified.
    399-G:14 Prohibitions. --
    I. It is unlawful for any person, in connection with the solicitation, offer, or transaction of money transmission, directly or indirectly:
       (a) To employ any device, scheme, or artifice to defraud;
       (b) To make any untrue statement of a material fact or to omit to state a material fact necessary in order to make the statements made, in light of the circumstances under which they are made, not misleading; or
       (c) To engage in any act, practice, or course of business which operates or would operate as a fraud or deceit upon any person.
    II. It is unlawful for any person to make or cause to be made in any document filed under this chapter or in any proceeding under this chapter:
       (a) Any statement which is, at the time and in the light of the circumstances under which it is made, false or misleading in any material respect; or
       (b) In connection with such statement, to omit to state a material fact necessary in order to make the statements made, in light of the circumstances under which they are made, not misleading.

Source. 2015, 258:1, eff. Jan. 1, 2016.