399-G:10 Reporting and Filing Requirements. –
I. Each licensee shall submit to the Nationwide Multistate Licensing System and Registry reports of condition, which shall be filed within the time prescribed by the Nationwide Multistate Licensing System and Registry, in such form and shall contain such information as the Nationwide Multistate Licensing System and Registry may require, including but not limited to the money services business call report.
II. Each licensee shall 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. The financial statement shall be prepared in accordance with generally accepted accounting principles with appropriate note disclosures and, unless excepted by an order from the commissioner for hardship reasons, shall be audited by an independent certified public accountant. The financial statement shall include or be accompanied by a calculation that reflects the fiscal year's average daily outstanding money transmissions as defined by RSA 399-G:1, IV in United States dollars. A money transmitter's financial statement shall include:
(a) A balance sheet;
(b) Income statement;
(c) Statement of changes in owners' equity;
(d) A cash flow statement; and
(e) A statement of net worth.
III. The department shall publish its analysis of the information required in the licensee's call report as a part of the commissioner's annual report.
IV. Any money transmitter failing to file either the call report or the financial statement required by this section within the time prescribed may be required to pay to the banking department a penalty. The penalty shall be $25 for each calendar day the call report or financial statement is overdue up to a maximum penalty of $625 per call report or $2,500 per financial statement.
V. In addition to the call report and financial statement, the banking department may require such additional regular or special reports as it may deem necessary for the proper supervision of licensees under this chapter.
VI. 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.
VII. Examination fees and expenses, fines, penalties, and other moneys owed the department shall be paid within 14 days of receipt of notice by the licensee or at such later time as the commissioner prescribes by rule.