New Hampshire 2025 Regular Session

New Hampshire House Bill HB427

Introduced
1/10/25  

Caption

Relative to amending the uniform commercial code.

Impact

The enactment of HB 427 is expected to have significant implications for the handling of investment securities and the structure of security claims in New Hampshire. Specifically, it will modify existing regulations that govern the relationship between entitlement holders and securities intermediaries. By amending current laws related to the priority of claims, the bill seeks to foster a more orderly and predictable environment for financial transactions, potentially making New Hampshire a more attractive location for financial services and investment activities.

Summary

House Bill 427 introduces amendments to the Uniform Commercial Code (UCC) in New Hampshire, primarily focusing on the governance of certain UCC transactions and clarifying the priority of claims among security interests and entitlement holders. The bill emphasizes that New Hampshire state law will govern specific matters related to investment securities and clarifies how security entitlements should be handled, particularly by securities intermediaries. This legislative change aims to align New Hampshire's UCC with current financial practices and ensure clarity within investment transactions.

Sentiment

Discussions concerning HB 427 suggest a neutral to supportive sentiment from proponents who see the bill as a necessary update to align the UCC with modern financial practices. Stakeholders involved in financial and legal sectors generally appreciate the need for clarity and predictability in these regulations. However, more conservative critics express concern over the potential impacts of these changes on existing structures of financial security, pointing to the need for an extensively tested implementation to avoid unintended consequences.

Contention

Noteworthy points of contention around HB 427 revolve around its proposed changes to the priority of claims among security interests. Some critics argue that altering priority provisions could complicate existing creditor relationships or create ambiguity in new transactions. The bill’s effectiveness rests on how these changes are perceived by financial institutions, particularly regarding their ability to secure investment assets without jeopardizing creditor rights. As state laws govern these interactions, debate continues about the broader implications of such amendments on financial stability and security interests.

Companion Bills

No companion bills found.

Previously Filed As

NH HB584

Relative to the Uniform Commercial Code's article on controllable electronic records.

NH HB576

Relative to administration of a commercial property assessed clean energy (C-PACE) program in a clean energy efficiency and clean energy district.

NH HB1241

Relative to the regulation of money transmitters and relative to license applications and renewals for certain consumer credit entities.

NH HB1243

Revising the laws relative to retail installment sales of motor vehicles, and relative to the sale of a vehicle to a Massachusetts resident.

NH SB435

Relative to the New Hampshire unitrust statute.

NH HB645

Relative to the establishment of decentralized autonomous organizations as legal entities within the state.

NH HB68

Adopting the uniform real property transfer on death act.

NH HB68

Adopting the uniform real property transfer on death act.

NH HB593

Relative to the forfeiture of assets in connection with a drug offense.

NH SB432

Relative to advanced deposit account wagering and establishing a charitable third party financial intermediary program.

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