311-B:4 Acts Prohibited; Use of Name by Business Organization. –
I. It shall be unlawful for any person physically located in the state of New Hampshire to:
(a) Knowingly engage in, or offer to engage in, auctioneering for a fee, commission, or other consideration unless such natural person has a valid license under this chapter or such other person is an authorized business organization.
(b) Knowingly make any verbal, written, electronic, or other representation that such person is an auctioneer or is able to perform auctioneering, unless such natural person has a valid license under this chapter or such other person is an authorized business organization.
(c) Recklessly make any verbal, written, electronic, or other representation which would lead a reasonable person to believe that the natural person making the representation is currently licensed as an auctioneer under this chapter or such other person is an authorized business organization.
II. Notwithstanding subparagraph I(a), an apprentice auctioneer employed by a licensed auctioneer may engage in auctioneering under the direct supervision of the licensed auctioneer.
III. The secretary of state shall not issue a certificate of incorporation to an applicant for incorporation or for registration as a foreign business organization which includes the words "auction," "auctioneer," or "auctioneering" or any modification or derivative thereof in its corporate or business name or which includes the practice of auctioneering among the objectives for which it is established unless the board shall have issued, with respect to such applicant, a certificate of authorization, a copy of which shall have been presented to the secretary of state. The board shall issue such a certificate only to an authorized business organization. The secretary of state shall decline to register any trade name or service mark which includes such words or modifications or derivatives thereof in its firm or business name except for trade names and service marks of business entities which have presented to the secretary of state proof that they qualify as authorized business organizations under this chapter.