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2019 New Hampshire Revised Statutes
Title XXXVI - Pawnbrokers and Moneylenders
Chapter 399-G - Licensing of Money Transmitters
Section 399-G:11 - Record Keeping Requirements.
Universal Citation: NH Rev Stat § 399-G:11 (2019)
399-G:11 Record Keeping Requirements. –
I. (a) The licensee shall maintain such records as will enable the department to determine whether the licensee's business is in compliance with the provisions of this chapter and the rules adopted pursuant to this chapter. Such records shall be maintained for a period of at least 5 years or longer if the commissioner prescribes a period by rule. Records shall be made available for examination at the licensee's principal office, or its authorized delegate location, or the office of its New Hampshire registered agent. Licensees may maintain electronic, photocopied, microfilm, or microfiche copies of original documents.
(b) A licensee may maintain its records in electronic format if, upon request, the licensee provides the commissioner with:
(1) A full explanation of the programming of any data storage or communications systems in use; and
(2) Information from any books, records, electronic data processing systems, computers, or any other information storage system in the form requested by the commissioner.
II. Those licensees that maintain their files in another state shall return the files to their principal New Hampshire office, to the department, or to the office of their New Hampshire registered agent for examination no later than 21 calendar days after being requested to do so by the department. Such licensees are required to return all files and records no later than 21 calendar days after being requested to do so by the banking department. When the commissioner requests a list of New Hampshire consumers who have contracted with the licensee or other similar summary document from a licensee from which to select particular files for review, the licensee shall ensure that the list is received by the commissioner within 7 calendar days and return the files selected by the commissioner to the commissioner within 14 calendar days to ensure compliance with the 21-day requirement. Failure to provide files and documents shall subject a licensee to a fine of $50 per day for each day after 21 days the files and documents are not produced. Failure to provide files and documents within 60 days after being requested to do so by the department, shall be sufficient cause for license revocation, suspension, or denial.
III. A licensee shall keep and use business records in such form and at such location as the commissioner may by rule determine. The licensee shall maintain such records to enable the commissioner to determine whether the licensee is complying with the provisions of this chapter, any rules the commissioner may adopt under it, and any other law or regulation applicable to the conduct of the business for which it is licensed under this chapter. The rules may contain provisions for records to be recorded, copied, or reproduced by any process which accurately reproduces or forms a durable medium for reproducing the original record or document, or in any other form or manner authorized by the commissioner.
IV. If the commissioner or examiner finds any accounts or records to be inadequate, or kept or posted in a manner not in accordance with generally accepted accounting principles, the commissioner may employ experts to reconstruct, rewrite, post, or balance them at the expense of the person being examined if such person has failed to maintain, complete, or correct such records or accounting after the commissioner or examiner has given him or her written notice and a reasonable opportunity to do so.
I. (a) The licensee shall maintain such records as will enable the department to determine whether the licensee's business is in compliance with the provisions of this chapter and the rules adopted pursuant to this chapter. Such records shall be maintained for a period of at least 5 years or longer if the commissioner prescribes a period by rule. Records shall be made available for examination at the licensee's principal office, or its authorized delegate location, or the office of its New Hampshire registered agent. Licensees may maintain electronic, photocopied, microfilm, or microfiche copies of original documents.
(b) A licensee may maintain its records in electronic format if, upon request, the licensee provides the commissioner with:
(1) A full explanation of the programming of any data storage or communications systems in use; and
(2) Information from any books, records, electronic data processing systems, computers, or any other information storage system in the form requested by the commissioner.
II. Those licensees that maintain their files in another state shall return the files to their principal New Hampshire office, to the department, or to the office of their New Hampshire registered agent for examination no later than 21 calendar days after being requested to do so by the department. Such licensees are required to return all files and records no later than 21 calendar days after being requested to do so by the banking department. When the commissioner requests a list of New Hampshire consumers who have contracted with the licensee or other similar summary document from a licensee from which to select particular files for review, the licensee shall ensure that the list is received by the commissioner within 7 calendar days and return the files selected by the commissioner to the commissioner within 14 calendar days to ensure compliance with the 21-day requirement. Failure to provide files and documents shall subject a licensee to a fine of $50 per day for each day after 21 days the files and documents are not produced. Failure to provide files and documents within 60 days after being requested to do so by the department, shall be sufficient cause for license revocation, suspension, or denial.
III. A licensee shall keep and use business records in such form and at such location as the commissioner may by rule determine. The licensee shall maintain such records to enable the commissioner to determine whether the licensee is complying with the provisions of this chapter, any rules the commissioner may adopt under it, and any other law or regulation applicable to the conduct of the business for which it is licensed under this chapter. The rules may contain provisions for records to be recorded, copied, or reproduced by any process which accurately reproduces or forms a durable medium for reproducing the original record or document, or in any other form or manner authorized by the commissioner.
IV. If the commissioner or examiner finds any accounts or records to be inadequate, or kept or posted in a manner not in accordance with generally accepted accounting principles, the commissioner may employ experts to reconstruct, rewrite, post, or balance them at the expense of the person being examined if such person has failed to maintain, complete, or correct such records or accounting after the commissioner or examiner has given him or her written notice and a reasonable opportunity to do so.
Source. 2015, 258:1, eff. Jan. 1, 2016. 2019, 36:47, 48, eff. May 15, 2019.
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