399-D:1 Definitions. – In this chapter: I. " Applicant " means a person who applies for a principal office license under this chapter. II. " Branch office " means a business location within this state of a person required to be licensed under this chapter. Branch office does not include a person’s principal office […]
399-D:10 Record Keeping Requirements. – I. The licensee shall maintain such books and 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 it. Such records shall be maintained in a readily accessible location and made available […]
399-D:11 Consumer Inquiries. – 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 shall, within 10 days after receipt […]
399-D:12 Examinations and Investigations. – I. The commissioner or the commissioner’s duly authorized representative shall, in accordance with RSA 383:9 and, with or without notice to the licensee or person, examine the business affairs of any licensee or any other person subject to this chapter, whether licensed or not, or more often when necessary, […]
399-D:13 Prohibitions; Fraud and Dishonesty. – I. No person, in connection with the business of a debt adjuster, directly or indirectly shall: (a) Employ any device, scheme, or artifice to defraud; (b) Make any untrue statement of a material fact or omit to state a material fact necessary in order to make the statements […]
399-D:14 Provisions Applicable to All Persons Under This Chapter. – I. Each licensee shall: (a) Make a written contract with a debtor; and (b) Immediately furnish the debtor with a true copy thereof. II. Such contract shall include the following information : (a) A clear description of the services to be provided to the […]
399-D:15 Provisions Applicable to Debt Management Plans Under This Chapter. – I. Fees shall be amortized equally each month over the length of the contract. II. A licensee shall not be entitled to any fee until the contract has been in effect for at least 30 days, and thereafter, the monthly amortized fee may […]
399-D:16 Provisions Applicable to Debt Settlement Plans Under This Chapter. – I. A licensee shall not be entitled to any fee until the contract has been in effect for at least 30 days, and thereafter, the monthly amortized fee may be charged at 30-day intervals for the term of contract, except in the event […]
399-D:17 Provisions Applicable to Debt Repayment Plans Under This Chapter. – I. If the debtor gives the licensee 30 days’ written notice of cancellation and such licensee performed all of its contractually required services, such licensee shall be entitled to a cancellation fee of the lesser of: (a) 5 percent of the remaining service […]
399-D:18 Powers of the Commissioner. – 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, before the commissioner in any matter over which […]
399-D:19 Order to Show Cause. – I. The commissioner may issue an order: (a) 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; (b) Barring […]
399-D:2 License Required. – Any person not exempt under RSA 399-D:3 that, in its own name or on behalf of other persons, engages in the business of debt adjustment in this state or with persons located in this state shall obtain a license from the department. Licensure in the state of New Hampshire under […]
399-D:20 Cease and Desist. – 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 […]
399-D:21 Penalty. – 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 RSA 399-D:14 through RSA 399-D:17 […]
399-D:22 Consumer Credit Administration License Fund. – 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 shall be payable to the state treasurer […]
399-D:3 Exemptions. – 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 course of its principal business. III. […]
399-D:4 Application and Fees. – 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 be limited to, the following information: (1) The […]
399-D:5 License Grant and Renewal. – 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 past or proposed conduct warrant the […]
399-D:6 License Denial or Abandonment; Appeal. – 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 the applicant or […]
399-D:7 License Surrender. – I. A licensee who ceases to engage in the business of a debt adjuster at any time for any cause shall surrender such license and within 15 calendar days of such cessation: (a) Publish a notice of such cessation in a newspaper of general circulation in the licensee’s market area; […]
