New Hampshire Revised Statutes 356-A:8 – Notice of Filing and Registration
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I. Upon receipt of the application for registration in proper form, the attorney general shall issue a notice of filing to the applicant. As soon as possible and within 60 days from the date of the notice of filing, the attorney general shall enter an order registering the subdivided lands or rejecting the registration. If no order or rejection is entered within 60 days from the date of notice of filing, the land shall be deemed registered unless the applicant has consented in writing to a delay. Notice of all registrations shall be recorded in the registry of deeds of each county in which said land is situated within 10 days of their receipt by the attorney general.
II. If the attorney general affirmatively determines, upon inquiry and examination, that the requirements of this chapter have been met, he shall enter an order registering the subdivided lands and shall designate the form of the public offering statement.
III. If the attorney general determines upon inquiry and examination that any of the requirements of this chapter have not been met, the attorney general shall notify the applicant that the application for registration must be corrected in the particulars specified within 15 days. If the requirements are not met within the time allowed, the attorney general shall enter an order rejecting the registration which shall include the findings of fact upon which the order is based. During the aforesaid 15 day period, the applicant may petition for reconsideration and shall be entitled to a hearing within 15 days of receipt by the attorney general of said petition. The attorney general shall enter his findings on said petition within 10 days of said hearing. The attorney general shall order a rejection of the registration until such time as the hearing, once requested, has taken place and the attorney general has entered his findings thereon, or such petition is withdrawn; provided, however, that if by the time that said findings are entered, all of the particulars specified in the attorney general’s notice have been corrected or, as a result of the attorney general’s reconsideration and hearing, have been met to the attorney general’s satisfaction, the attorney general shall order registration of the subdivided lands.
IV. The fact that a statement of record with respect to a subdivision has been filed or is in effect shall not be deemed a finding by the attorney general that the statement of record is true and accurate on its face, or be held to mean the attorney general has in any way passed upon the merits of, or given approval to, such subdivision. It shall be unlawful to make, or cause to be made, to any prospective purchaser any representation contrary to this paragraph.
V. The subdivider shall not make any material change in the plan of disposition or development of the subdivided lands contained in the application for registration without notifying the attorney general, obtaining his prior approval and making appropriate amendment of the public offering statement.
II. If the attorney general affirmatively determines, upon inquiry and examination, that the requirements of this chapter have been met, he shall enter an order registering the subdivided lands and shall designate the form of the public offering statement.
Terms Used In New Hampshire Revised Statutes 356-A:8
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Days: means calendar days, unless modified by the word "business" in which case said term shall include all days except Saturdays, Sundays and legal holidays in the state of New Hampshire. See New Hampshire Revised Statutes 356-A:1
- disposition: refers to any sale, contract, assignment, or any other voluntary transfer of a legal or equitable interest in a lot, parcel, unit or interest in subdivided lands, except as security for a debt;
II. See New Hampshire Revised Statutes 356-A:1 - Hearing: means a hearing open to the public;
XV. See New Hampshire Revised Statutes 356-A:1 - petition: when used in connection with the equity jurisdiction of the superior court, and referring to a document filed with the court, shall mean complaint, and "petitioner" shall mean plaintiff. See New Hampshire Revised Statutes 21:51
- Purchaser: means any person or persons who acquire by means of a voluntary transfer a legal or equitable interest in a lot, parcel, unit or interest in subdivided lands, except as security for a debt;
V. See New Hampshire Revised Statutes 356-A:1 - Subdivider: means a person who is an owner of subdivided land or one who offers it for disposition. See New Hampshire Revised Statutes 356-A:1
- Subdivision: and "subdivided lands" mean any land in this or another state which is, or has been, or is proposed to be, divided for the purpose of disposition into lots, parcels, units or interests and also include any land whether contiguous or not if said lots, parcels, units or interests are offered as a part of a common promotional plan of advertising and sale. See New Hampshire Revised Statutes 356-A:1
III. If the attorney general determines upon inquiry and examination that any of the requirements of this chapter have not been met, the attorney general shall notify the applicant that the application for registration must be corrected in the particulars specified within 15 days. If the requirements are not met within the time allowed, the attorney general shall enter an order rejecting the registration which shall include the findings of fact upon which the order is based. During the aforesaid 15 day period, the applicant may petition for reconsideration and shall be entitled to a hearing within 15 days of receipt by the attorney general of said petition. The attorney general shall enter his findings on said petition within 10 days of said hearing. The attorney general shall order a rejection of the registration until such time as the hearing, once requested, has taken place and the attorney general has entered his findings thereon, or such petition is withdrawn; provided, however, that if by the time that said findings are entered, all of the particulars specified in the attorney general’s notice have been corrected or, as a result of the attorney general’s reconsideration and hearing, have been met to the attorney general’s satisfaction, the attorney general shall order registration of the subdivided lands.
IV. The fact that a statement of record with respect to a subdivision has been filed or is in effect shall not be deemed a finding by the attorney general that the statement of record is true and accurate on its face, or be held to mean the attorney general has in any way passed upon the merits of, or given approval to, such subdivision. It shall be unlawful to make, or cause to be made, to any prospective purchaser any representation contrary to this paragraph.
V. The subdivider shall not make any material change in the plan of disposition or development of the subdivided lands contained in the application for registration without notifying the attorney general, obtaining his prior approval and making appropriate amendment of the public offering statement.