Bill Text - HB1307 (2016)

(New Title) relative to the procedure for amendment of condominium instruments and relative to name availability for business organizations.


Revision: June 14, 2016, midnight

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HB 1307 - VERSION ADOPTED BY BOTH BODIES

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2016 SESSION

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HOUSE BILL\t1307

 

AN ACT\trelative to the procedure for amendment of condominium instruments and establishing a committee to study the process by which business names are authorized by the secretary of state.

 

SPONSORS:\tRep. Lachance, Hills. 8; Rep. Gallagher, Belk. 4; Rep. Potucek, Rock. 6; Rep. Avellani, Carr. 5

 

COMMITTEE:\tCommerce and Consumer Affairs

 

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AMENDED ANALYSIS

This bill:

 

\tI.  Provides that if amendment of the condominium instruments requires approval of a condominium unit mortgagee, an affidavit from the president of the association, attesting to the notice provided to the mortgagee, shall be sufficient.

 

\tII.  Establishes a committee to study the process by which business names are authorized by the secretary of state.

 

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Explanation:\tMatter added to current law appears in bold italics.

\t\tMatter removed from current law appears [in brackets and struckthrough.]

\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.

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STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Sixteen

 

AN ACT\trelative to the procedure for amendment of condominium instruments and establishing a committee to study the process by which business names are authorized by the secretary of state.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

\t1  New Paragraph; Amendment of Condominium Instruments.  Amend RSA 356-B:34 by inserting after paragraph II the following new paragraph:

\t\tII-a.  Notwithstanding paragraph II, any amendment to the condominium instruments requiring approval of mortgagees on units may be satisfied by the recording of an affidavit by the president of the association that written request for such approval was sent to the last known address of any mortgagee and that the mortgagee failed to respond within 60 days.

\t2  Committee Established.

\t\tI.  There is established a committee to study the process by which business names are authorized by the secretary of state.

\t\tII.  The members of the committee shall be as follows:

\t\t\t(a)  Three members of the house of representatives, appointed by the speaker of the house of representatives.

\t\t\t(b)  Two members of the senate, appointed by the president of the senate.

\t\tIII.  Members of the committee shall receive mileage at the legislative rate when attending to the duties of the committee.

\t\tIV.  The committee shall study the process by which business names are authorized by the secretary of state.  The study shall include the feasibility of permitting an applicant or other business entity with a similar name that disagrees with the department's decision to request an administrative hearing.

\t\tV.  The members of the study committee shall elect a chairperson from among the members.  The first meeting of the committee shall be called by the first-named senate member.  The first meeting of the committee shall be held within 45 days of the effective date of this section.  Three members of the committee shall constitute a quorum.

\t\tVI.  The committee shall report its findings and any recommendations for proposed legislation to the speaker of the house of representatives, the president of the senate, the house clerk, the senate clerk, the governor, and the state library on or before November 1, 2016.

\t3  Effective Date.  

\t\tI.  Section 1 of this act shall take effect 60 days after its passage.

\t\tII.  The remainder of this act shall take effect upon its passage.

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