N.H. Admin. Code § Jus 1308.02

Current through Register No. 50, December 12, 2024
Section Jus 1308.02 - Review by the Bureau
(a) At least 60 days prior to offering any gift of intangible property as contemplated in section Jus 1308.01, the person proposing to make the offer shall submit to the bureau by written letter captioned "CPLS120/Exemption Request" as an application for exemption.
(b) The application shall be accompanied by a non-refundable fee in the amount of $200.
(c) The application shall include, at a minimum:
(1) A request for exemption from the provisions of RSA 356-A:4, IV with respect to the offering;
(2) A copy of the text of the proposed gift offer and all related promotional materials;
(3) A statement as to the suggested retail value of the gift and the source of this claim;
(4) The inclusive dates of intended use;
(5) The estimated number and geographic distribution of offerees;
(6) The name and address of the marketing company or distribution agent, if any, for the offer;
(7) A statement of any terms and conditions not disclosed in the text of the offer to the offeree;
(8) A statement of assurance as to the applicant's ability to carry out the terms of the offer;
(9) Verification by the applicant that the offeree will obtain the benefit of the gift on the day of the visit to the subdivision or attendance at the meeting at which the subdivision will be discussed;
(10) The name, address, and telephone number of the applicant; and
(11) A statement as to why enforcement of RSA 356-A:4, IV is not necessary in the public interest or for the protection of purchasers by reason of the small amount involved or the limited character of the offering.
(d) Within 60 days of receipt of the application for exemption, the bureau shall grant or deny the application for exemption pursuant to Jus 1308.01.
(e) No offering of any gift of intangible property may be made prior to written or oral notice by the bureau that the exemption has been granted.

N.H. Admin. Code § Jus 1308.02

(See Revision Note at chapter heading for Jus 1300) #9782-A, eff 9-11-10

Amended by Volume XXXIX Number 46, Filed November 14, 2019, Proposed by # 12656, Effective 10/24/2019, Expires 10/24/2029.