Section Jus 1306.17 - Annual Report(a) All subdividers so obligated pursuant to RSA 356-A:9 shall file the "Annual Report for Subdivision" Form CPLS200, (August, 2019), the annual report, on April 1 of each year following the date of the original registration.(b) The report shall be accurate as of the date that the report is made out by the subdivider, except for the financial statements, which shall reflect the subdivider's financial condition as of a date no earlier than December 31 of the year immediately preceding the date of the annual report.(c) The subdivider shall attach the following documents to Form CPLS200:(1) A copy of the revised public offering statement, if the subdivider has made any changes to the public offering statement in the reporting year;(2) A copy of the revised property report from the United States Department of Housing and Urban Development, if any changes have been made to that report in the reporting year;(3) A copy of the amended bylaws or articles of the homeowners association, if any changes have been made to the bylaws or articles in the reporting year;(4) A copy of the amended statement of record filed with the United States Department of Housing and Urban Development, if any changes have been made to that statement in the reporting year; and,(5) A notarized affidavit affirming that all of the information contained in the annual report is true, correct, and complete.(d) The bureau shall provide a copy of Form CPLS200 to each subdivider at the time it issues an initial certificate of registration to said subdivider or upon written request for same by the subdivider or its counsel.(e) Notwithstanding (b) above, it shall be the responsibility of subdividers to file annual reports pursuant to (a) above, by no later than April 1 of each year, during which they might be required to make such filing. Such responsibility shall not be dependent on reception by subdividers of any notice from the bureau that said annual reports are or might be due pursuant to this section.(f) A subdivider shall be exempted from filing an annual report pursuant to this section if it provides to the bureau its affidavit signed by the subdivider if a natural person, or, if subdivider is a legally constituted entity, by an officer or principal thereof authorized to sign such affidavit, that all promised improvements in the subdivision have been completed and all lots, parcels, units, or interests disposed of.(g) Notwithstanding any other provision of this section, a subdivider shall be required to file with the bureau a supplement to the annual report within 5 business days of the occurrence of any of the following:(1) Reception by the subdivider of a notice of foreclosure under any mortgage granted by the subdivider affecting the subdivision or any lot, parcel, unit, or interest therein; and(2) The filing of a petition for voluntary or involuntary bankruptcy by or involving the subdivider, or any affiliate of the subdivider under any chapter of the United States Bankruptcy Code, 11 U.S.C. §§ 101 et. seq. or of similar process under any state insolvency law.(h) The supplement to the annual report called for in (g), above, shall be submitted in the form of an affidavit by the subdivider, or a principal or officer of the subdivider authorized to sign such affidavit, and shall bear the caption "Form CPLS200-SUPPLEMENT."(i) A supplement to the annual report submitted pursuant to subparagraph (g)(1) shall contain the following information:(1) A description of the mortgage instrument being foreclosed upon, identifying by full name and address all parties secured thereunder, as well as any person or entity exercising any right of foreclosure thereunder;(2) The date, place, and manner of any scheduled foreclosure sale or other disposition of all affected property; and(3) The date and manner of reception by the subdivider of the notice of foreclosure.(j) The information called for in (i), above, may be provided by submitting to the bureau a copy of any notice provided to a subdivider pursuant to RSA 479:25, I, together with an affidavit of the subdivider or a principal or officer thereof authorized to sign such affidavit, in the form prescribed by (h), above, certifying that, and specifying the date on which the subdivider received said notice.(k) A supplement to the annual report submitted pursuant to (g)(2), above, shall contain the following information: (1) Identification, including mailing address, of the court in which the bankruptcy petition or other process has been filed;(2) The date of such filing;(3) Whether such filing is effected pursuant to the United States Bankruptcy Code, 11 U.S.C. §§ 101 et seq. and if so, identifying the Chapter of the Bankruptcy Code pursuant to which the filing is made; and(4) If the filing is made pursuant to an insolvency law of any state, the title and code citation to said law, with a description of the form of protection sought by the filing, such as liquidation, reorganization, or the like.(l) Failure of the subdivider to file its annual report pursuant to RSA 356-A:9 during any period of time during which it is required to do so or failure to timely file any required supplement to the annual report pursuant to this section shall be deemed by the bureau to constitute an irreparable harm to the public interest, subject to issuance of a cease and desist order pursuant to RSA 356-A:12, II, requiring the subdivider to file its annual report or supplement thereto within 30 days of the date of such order.(m) Failure to comply with such order shall be deemed by the bureau to constitute adequate grounds for revocation of registration pursuant to RSA 356-A:13, I.N.H. Admin. Code § Jus 1306.17
(See Revision Note at chapter heading for Jus 1300) #9782-A, eff 9-11-10, paras (c), (d), (f), (k) and (l); #9782-B, eff 9-11-10, paras (a), (b), (e), and (g)-(j)
Amended by Volume XXXIX Number 46, Filed November 14, 2019, Proposed by # 12656, Effective 10/24/2019, Expires 10/24/2029.