§ 421-B:6-614 — Fees

New Hampshire § 421-B:6-614

• Jurisdiction: New Hampshire
• Title XXXVIII: SECURITIES
• Ch. 421-B: UNIFORM SECURITIES ACT
• Subdivision: ARTICLE 6Administration and Judicial Review

Text

(a) Initial fees and fees for amendments shall be as follows:
(1)
Non-refundable registration fee for offers and
sales of each class of open end mutual funds
required to register under RSA 421-B:301
$
1,000
(2)
Registration fee prior to offers or sales of securities in this state
of one percent210
of the offering
value of the
securities offered
in the registration
statement, provided
said fee shall not
be more than
$1,050, plus a
$200 non-refundable
examination fee
(3)
Fee prior to offers and sales of securities in
initial public offerings in this state under
the Securities Act of 1933,
$
1,000
15 U.S.C. section 77r(b)(1)(A)
(4)
Non-refundable fee prior to offers or sales of:
(A)
Covered securities of other investment
companies under section 18(b)(2) of the
Securities Act of 1933
$
500
(B)
Non-issuer transactions under section
18(b)(4)(A) of the Securities Act of
1933-a one-time filing fee
$
500
(5)
Fee for a notice filing under RSA 421-B:3-302(c)
$
500
(6)
A copying and printing charge may be assessed
per page for each document
(7)
Non-refundable initial notice filing fee prior
$
1,000
to offers or sales of each class of an open
end mutual fund under section 18(b)(2) of the
Securities Act of 1933
(8)
Initial notice filing fee prior to offers or
sales of covered securities under sections
18(b)(4)(C) and 18(b)(3) of the Securities Act
of 1933
of one percent210
of the offering
value of the
securities offered
in the registration
statement, provided
said fee shall not
be more than
$1,050, plus a
$200 non-refundable
initial notice fee
(b) Renewal fees shall be as follows:
(1)
Annual notice filing fee for offers or sales of
covered securities under sections 18(b)(4)(C)
and 18(b)(3) of the Securities Act of 1933
of one percent of the offering210
value of the
securities offered
in the registration
statement, provided
that the fee shall not
be more than
$
1,050
(2)
Annual non-refundable notice filing fee for
offers and sales of each class of an issuer of
open end mutual funds which are covered
securities under section 18(b)(2) of the
Securities Act of 1933, due on or before May 1
of each year
$
1,000
(3)
Annual non-refundable registration fee for each
class of an issuer of open end mutual funds,
due on or before May 1 of each year, if
required to register under RSA 421-B:3-301
$
1,000
(4)
Annual registration fee for securities offered in
this state, due one year from the effective
date of registration, and each year thereafter
of one percent210
of the offering
value of the
securities offered
in the registration
statement, provided
that the fee shall not
be more than
$1,050
(c) In addition to any other penalties, provisions, or fees prescribed under this chapter, a late filing fee of 1/10 of one percent of the offering value of (1) securities offered in the registration statement, or (2) an offering of federal covered securities, provided that the fee shall not be more than $525, shall be imposed if:
(1) It is requested that the provisions of RSA 421-B:3-303(c)(2) be waived; or
(2) Securities sold in this state are more than registered on the effective application filed with the secretary of state, where the maximum registration fee has not been paid; or
(3) The registration application is amended to increase the amount registered in this state, where the maximum registration fee has not been paid, subsequent to the effectiveness of the registration in this state; or
(4) Federal covered securities sold in this state are more than described in the notice filing made, where the maximum notice filing fee or the total amount of a flat fee has not been paid; or
(5) The notice filing for federal covered securities sold in this state is amended to increase the amount to be sold, subsequent to the date the filing was made in this state.
(d)(1) Any person who offers or sells securities in New Hampshire under (A) RSA 421-B:3-303 or RSA 421-B:3-304, where less than the maximum filing fee has been paid in this state, or (B) a notice filing under section 18(b) of the Securities Act of 1933 where less than the maximum filing fee has been paid in this state shall file a sales report with the secretary of state. The sales report shall be filed one year from (1) the effective date of the registration or exemption or (2) the date the notice filing under section 18(b) of the Securities Act of 1933 was made with the secretary of state, and a final sales report shall be filed within 60 days of the termination of the offering. The sales report shall indicate the termination date, the total number and amount of sales in this state, and the total number and amount of sales in all jurisdictions. Any person who fails to file a sales report shall pay a penalty of $25 for each day of delinquency; provided, however, that, for good cause shown, the secretary of state may abate all or a portion of the delinquency penalty. Subdivision (d)(1) shall not apply to federal covered securities pursuant to section 18(b)(2) or 18(b)(4)(F) of the Securities Act of 1933, 15 U.S.C. section 77r(b)(2) or 77r(b)(4)(F).
(2) Any person who fails to timely file the notice required by RSA 421-B:3-302(c) shall pay a penalty of $500 if the notice filing is delinquent by no more than 90 days or a penalty of $1,000 if the notice filing is delinquent by more than 90 days; provided, however, that if the filing is delinquent by more than one year, the person failing to timely file the required notice may be subject to RSA 421-B:6-603, RSA 421-B:6-604 and RSA 421-B:5-508 for that failure.

Legislative History

2015, 273:1, eff. Jan. 1, 2016. 2017, 172:16, eff. June 28, 2017.