TITLE XXXV BANKS AND BANKING; LOAN ASSOCIATIONS; CREDIT UNIONS
CHAPTER 397-A LICENSING OF NONDEPOSITORY MORTGAGE BANKERS, BROKERS, AND SERVICERS
Section 397-A:13
397-A:13 Reporting. –
I. Each mortgage banker, mortgage broker, or mortgage servicer shall submit to the Nationwide Multistate Licensing System and Registry reports of condition, which shall be in such form and shall contain such information as the Nationwide Multistate Licensing System and Registry may require, including but not limited to mortgage call reports and financial statements.
II. Each mortgage banker, mortgage broker, or mortgage servicer shall file, under oath, its financial statement 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. The financial statement shall include a balance sheet, income statement, statement of changes in owners' equity, and a cash flow statement. If the financial statement filed under this section is not audited, a certification statement shall be attached and signed by a duly authorized officer of the licensee. The certification statement shall state that the financial statement is true and accurate to the best of the officer's belief and knowledge.
III. The department shall publish its analysis of information obtained through licensee reporting requirements as a part of the commissioner's annual report.
IV. Any mortgage banker, mortgage broker, or mortgage servicer failing to file the financial statement required by this section within the time prescribed may be required to pay to the department a penalty of $25 for each calendar day the financial statement is overdue up to a maximum penalty of $2,500 per statement.
V. Any mortgage banker, mortgage broker, or mortgage servicer failing to file the mortgage call report required by this section within the time prescribed by the Nationwide Multistate Licensing System and Registry may be required to pay to the department a penalty of $25 for each calendar day the mortgage call report is overdue up to a maximum penalty of $625 per mortgage call report.
VI. The banking department may require additional regular or special reports as it may deem necessary to the proper supervision of mortgage servicer, mortgage banker, mortgage broker, and originator under this chapter.
VII. 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. Examination expenses, fines, penalties, and other moneys obliged to be paid to the department shall be due and payable within 14 days of receipt of notice by the licensee or other person or at such later time determined by the commissioner.
VIII. Electronic filings, when received by the commissioner, 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.
Source. 2016, 289:1, eff. Aug. 20, 2016. 2018, 196:14, eff. Aug. 7, 2018. 2021, 194:15, eff. Oct. 9, 2021.