N.H. Rev. Stat. § 361-A:13

Current through Chapter 380 of the 2024 Legislative Session

Section 361-A:13 - Prohibitions; Fraud and Dishonesty

I. No person, in connection with engaging in the business of a retail seller or sales finance company, directly or indirectly shall:

(a) Employ any device, scheme, or artifice to defraud;

(b) Make any untrue statement of a material fact or omit to state a material fact necessary in order to make the statements made, in light of the circumstances under which they are made, not misleading;

(c) Engage in any act, practice, or course of business which operates or would operate as a fraud or deceit upon any person;

(d) Make fraudulent misrepresentations or circumvent or conceal any material information required to be provided to a borrower under the provisions of this chapter; or

(e) Engage in dishonest or unethical practices in conducting the business of making or collecting on retail installment contracts.

II. No person shall make or cause to be made in any document filed under this chapter or in any proceeding under this chapter any statement which is, at the time and in the light of the circumstances under which it is made, false or misleading in any material respect or, in connection with such statement, to omit to state a material fact necessary in order to make the statements made, in light of the circumstances under which they are made, not misleading.

III. Any condition, stipulation, or provision of any retail installment transaction in violation of any provision of this chapter or any rule or order under this chapter is void.

IV. No person shall instruct, solicit, propose, or cause a person to sign another's signature on any document without legal authority.

V. No person subject to this chapter shall solicit, accept, or execute any contract or other document related to any transaction that contains any blanks to be filled in after signing or initialing the contract or other document, except for forms authorizing the verification of application information or as otherwise expressly provided in this chapter.

VI. No person subject to this chapter shall conduct any business covered by this chapter without holding a license as required under this chapter, or assist or aid and abet any person in the conduct of business under this chapter without a license as required under this chapter.

RSA 361-A:13

Amended by 2024, 330:1, eff. 7/1/2024.

Amended by 2019 , 36: 2, eff. 5/15/2019.

Chapter 361-A was repealed and reenacted in 2024 and this section is former section 361-A:3-b.

2003, 129 : 13 , eff. June 12, 2003. 2009, 204 : 14 , eff. Sept. 13, 2009.

2008, 205 : 5 , eff. Aug. 15, 2008. 2019, 36 : 2 , eff. May 15, 2019.