Motor Vehicle Retail Sellers and Sales Finance Companies
Motor Vehicle Retail Sellers and Sales Finance Companies Forms and Reports.
All new Motor Vehicle Retail Sellers and Sales Finance Company licensing in New Hampshire is done via the Nationwide Multistate Licensing System (NMLS).
If your company is currently licensed and changes of ownership or status occur the company must update the NMLS. Follow up information may be requested.
All fees for licenses and registrations are nonrefundable and payable in advance. In the event of an overpayment, a refund request would need to be reviewed and approved by the Banking Department.
What is a Sales Finance Company?
A loan subject to NH RSA 361-A must be for the purchase of a motor vehicle, which is meant to be driven on a highway. The purchase of other recreational vehicles may fall under NH RSA 399-A (small loans) if it is $10,000 or less and over 10% APR.
Am I a Sales Finance Company?
If you are involved in providing the funds for the loan directly to a NH consumer, or taking the assignment of a loan from a NH retail seller or other sales finance company, or servicing these loans, you must be licensed as a sales finance company. This includes "buy here/pay here" entities that create payment plans for buyers that are buying their inventory, regardless if there is any interest being collected.
Am I a Retail Seller?
If you are completing any of the financing paperwork but never providing the funds for the loan, you would be licensed as a retail seller.
Sales Finance Companies must provide Annual Reports. Annual Reports must be completed on or before March 31st of each year concerning the operations of the preceding year and then uploaded to NMLS. Surrendering the licensee does not relieve the licensee of this responsibility. Copies of the forms are as follows:
Licensees must be in compliance with all applicable state and federal laws. The main NH law that is applicable to retail sellers and finance companies is NH RSA 361-A.
Additionally, please be aware of the new changes to the FTC Standards for Safeguarding Customer Information that went into effect June 9, 2023. All licensees (both retail sellers and sales finance companies) meet the definition of a “financial institution” and must be in compliance with the new standards. The requirements can be found here: https://www.ecfr.gov/current/title-16/chapter-I/subchapter-C/part-314.
Sales Finance Companies are required to be examined at least every 24 months, though it may be sooner or more frequent as needed. The Consumer Credit FAQ page gives additional information for what is to be expected for examination.