TITLE XXXVI
PAWNBROKERS AND MONEYLENDERS

CHAPTER 399-D
DEBT ADJUSTMENT SERVICES

Section 399-D:9

    399-D:9 Reporting and Filing Requirements. –
I. (a) Each licensee shall file, under oath, an annual report through the Nationwide Multistate Licensing System and Registry on or before March 31 each year concerning operations for the preceding calendar year or license period ending December 31 in the form prescribed by the commissioner.
(b) Each licensee shall also file, under oath, its financial statement through the Nationwide Multistate Licensing System and Registry within 90 days from the date of its fiscal year end. If the financial statement is not audited, a certification statement shall be attached and signed by a duly authorized officer of the licensee. The certification statement shall state that the financial statement is true and accurate to the best of the officer's belief and knowledge:
(1) For profit entities: The financial statement shall be prepared in accordance with generally accepted accounting principles with appropriate note disclosures and, shall include a balance sheet, income statement, statement of changes in owners' equity, and a cash flow statement.
(2) For nonprofit organizations: The financial statement shall be prepared in accordance with generally accepted accounting principles with appropriate note disclosures and shall include a statement of financial condition, a statement of activities, a statement of cash flow and, if applicable, a statement of functional expenses.
II. The commissioner shall publish an analysis of the information required in the licensee's annual report as a part of the commissioner's annual report.
III. Any licensee or person failing to file either the annual report or the financial statement required by this section within the time prescribed shall pay to the commissioner a penalty of $25 for each calendar day the annual report or financial statement is overdue to a maximum penalty of $2,500 per report or statement and shall be subject to suspension or revocation of its license.
IV. In addition to the annual report and financial statement required by this section, the commissioner may require such regular or special reports as the commissioner may deem necessary to the proper supervision of licensees under this chapter.
V. A document is filed when it is received by the commissioner. If any filing deadline date falls on a weekend or on a New Hampshire state or federal legal holiday, the due date shall be automatically extended to the next business day following such weekend or holiday. Electronic filings, when received by the commissioner, are:
(a) Deemed filed;
(b) Prima facie evidence that a filing has been duly authorized and made by the signatory on the application or document;
(c) Admissible in any civil or administrative proceeding under this chapter; and
(d) Admissible in evidence in accordance with the rules of a superior court in any action brought by the attorney general under this chapter.

Source. 2016, 151:1, eff. Jan. 1, 2017. 2021, 194:9, eff. Oct. 9, 2021.