The New Hampshire Securities Act, and specifically, NH Stat. 421-B:3, relating to “Sales and Purchases” of securities states that:
1. It is unlawful for any person, in connection with the offer, sale, or purchase of any security, directly or indirectly:
(a) To employ any device, scheme, or artifice to defraud;
(b) To make any untrue statement of a material fact or to omit to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they are made, not misleading; or
(c) To engage in any act, practice, or course of business which operates or would operate as a fraud or deceit upon any person.
2. For purposes of this section, a fraudulent or deceptive device or contrivance shall include, but shall not be limited to:
(a) Representing in the offer or sale of securities, in writing or orally, that there is a guarantee against risk or loss.
(b) Inducing excessive trading in a customer’s account, or inducing trading beyond that customer’s known financial resources.
(c) Effecting transactions in the account of a customer without his or her knowledge or maintaining discretionary accounts without written authorization.
NH Stat. 421-B:3 (New Hampshire Statutes (2016 Edition)).
With respect to Civil Liabilities, NH Stat. 421-B:25, provides that:
Any person who violates RSA 421-B:3 in connection with the purchase or sale of any security shall be liable to any person damaged by the violation of that section who sold such security to him or to whom he sold such security, and any person who violates RSA 421-B:5 in connection with the purchase or sale of any security shall be liable to any person damaged by the conduct proscribed by RSA 421-B:5. Any person who violates RSA 421-B:4 in connection with the purchase or sale of any security shall be liable to any investment advisory client of his who is damaged by the violation of that section. Damages in an action pursuant to this paragraph shall include the actual damages sustained plus interest from the date of payment or sale, costs, and reasonable attorney’s fees.
NH Stat. 421-B:25 Civil Liabilities. (New Hampshire Statutes (2016 Edition)).
In New Hampshire, FINRA Arbitration hearings are held in Manchester
Under the FINRA Code of Arbitration Procedure, the FINRA Securities Arbitration hearing locations will selected based upon the hearing location closest to your residence at the time of the events giving rise to the dispute.
Guiliano Law Firm – Securities Arbitration & Investment Fraud Lawyers Serving New Hampshire
Our practice is limited to the litigation of securities related matters and securities arbitrations against stockbrokers, brokerage firms and investment professionals for fraud, the sale of defective investment products, failure to conduct due diligence, negligence, the sale of unsuitable investments, churning or excessive activity, failure to supervise, breach of fiduciary duty, and the sale of unregistered securities.
If you have been the victim of securities fraud or investment fraud you should contact a lawyer. Our services are offered on a contingent fee basis. We will receive payment for services in connection with your case only if there is a recovery. You will not be required to advance any fees to the firm during the course of the litigation. In the event that a settlement, award, or recovery is not made, clients have no financial or other obligation to us. Not admitted in all jurisdictions. The determination for the need for legal services and the choice of a lawyer are extremely important decisions that should not be based solely on advertisements or self proclaimed expertise. The limitation or concentration in any area of practice does not mean that a lawyer is a specialist or expert in a field of law, nor does it mean that the lawyer is necessarily any more expert or competent than any other lawyer. See Important Disclaimer.
All claims arising under state and federal securities laws must be brought within a specified time from the discovery of these claims, or within the occurrence of the events giving rise to your claims, whichever is shorter. If you fail to do file an action within this period, your claim may be potentially barred by the statute of limitations.
Additional New Hampshire Investor Resources:
Bureau of Securities Regulation
Department of State
107 North Main Street, # 204
Concord, NH 03301-4989
Director of Securities Regulation
The investment fraud attorneys at the Guiliano Law Firm serve clients throughout New Hampshire!