RSA 361-A:9 · Reporting and Filing Requirements

361-A:9 Reporting and Filing Requirements. –

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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 year or license period ending December 31 in a form satisfactory to the commissioner.

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(b)

Any person who surrenders, withdraws, or does not renew a license shall file the annual report as required in subparagraph (a), notwithstanding the fact that such person is not licensed on the date that the report is due.

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II.

(a) Each sales finance company 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 United States Generally Accepted Accounting Principles and shall include a balance sheet, income statement, statement of changes in owners' equity, a cash flow statement, and note disclosures. If the financial statement is not audited, a certification statement shall be attached and signed by a duly authorized officer of the sales finance company. The certification statement shall state that the financial statement is true and accurate to the best of the officer's belief and knowledge. The financial statement required under this subparagraph (a) shall not be consolidated with the financial statement of any parent or controlling entity.

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(b)

Each retail seller 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 United States generally accepted accounting principles and shall include a balance sheet and income statement. If the financial statement is not audited, a certification statement shall be attached and signed by a duly authorized officer of the sales finance company. The certification statement shall state that the financial statement is true and accurate to the best of the officer's belief and knowledge. The financial statement required under this subparagraph shall not be consolidated with the financial statement of any parent or controlling entity.

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(c)

In lieu of the requirements of subparagraph (a) or (b), licensees may submit copies of their most recent Securities and Exchange Commission Form 10-K and Form 10-Q statements.

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III.

Any licensee failing to file either the annual report or the financial statement required by this section within the time prescribed shall be subject to a penalty of $25 for each calendar day the annual report or financial statement is overdue up to a maximum penalty of $2,500 per report or statement and shall be subject to suspension or revocation of its license.

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IV.

In addition to the annual report and financial statement required by this section, the commissioner may require such other regular or special reports as the commissioner deems necessary to the proper supervision of licensees under this chapter.

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V.

Electronic filings, when received by the department, are deemed filed, and are prima facie evidence that a filing has been duly authorized and made by the signatory on the application or document, are admissible in any civil or administrative proceeding under this chapter, and are admissible in evidence in accordance with the rules of superior court in any action brought by the attorney general under this chapter.

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VI.

If any filing deadline falls on a Saturday or Sunday 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. Source. 2024, 330:1, eff. July 1, 2024.

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