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Thread: PI LICENSING: New Hampshire

  1. #1
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    PI LICENSING: New Hampshire

    NO LICENSE IS REQUIRED
    IF you fall into the following:



    (*) Exemptions based on CHAPTER 493:
    1. NO LICENSE NEEDED FOR: Any individual solely, exclusively, and regularly employed as an unarmed investigator or recovery agent in connection with the business of her or his employer, when there exists an employer-employee relationship. 493.6102-3

    2. NO LICENSE NEEDED FOR: Any unarmed individual engaged in security services who is employed exclusively to work on the premises of her or his employer, or in connection with the business of her or his employer, when there exists an employer-employee relationship. 493.6102-4

    3. NO LICENSE NEEDED FOR: Any person or bureau whose business is exclusively the furnishing of information concerning the business and financial standing and credit responsibility of persons or the financial habits and financial responsibility of applicants for insurance, indemnity bonds, or commercial credit. 493.6102-5

    4. NO LICENSE NEEDED FOR: An attorney at law in performing his or her duties; 493.6102-6

    5. NO LICENSE NEEDED FOR: An attorney's assistant (or employed private investigator) in performing his or her duties (for the licensed attorney) 493.6102-3

    6. NO LICENSE NEEDED FOR: Any person or firm that solely and exclusively conducts genealogical research, or otherwise traces lineage or ancestry, by primarily utilizing public records and historical information and databases. 493.6102-14

    7. NO LICENSE NEEDED FOR: Any bank or bank holding company, credit union, or small loan company operating pursuant to chapters 516 and 520; any consumer credit reporting agency regulated under 15 U.S.C. ss. 1681 et seq.; or any collection agency not engaged in repossessions or to any permanent employee thereof. 493.6102-7

    8. NO LICENSE NEEDED FOR: Any person who holds a professional license under the laws of this state when such person is providing services or expert advice in the profession or occupation in which that person is so licensed. 493.6102-8

    9. NO LICENSE NEEDED FOR: Any security agency or private investigative agency, and employees thereof, performing contractual security or investigative services solely and exclusively for any agency of the United States. 493.6102-9

    10. NO LICENSE NEEDED FOR: Any person duly authorized by the laws of this state to operate a central burglar or fire alarm business. However, such persons are not exempt to the extent they perform services requiring licensure or registration under this chapter. 493.6102-10

    11. NO LICENSE NEEDED FOR: Any person or company retained by a food service establishment to independently evaluate the food service establishment including quality of food, service, and facility. However, such persons are not exempt to the extent they investigate or are retained to investigate criminal or suspected criminal behavior on the part of the food service establishment employees. 493.6102-11

    12. NO LICENSE NEEDED FOR: Any person who is a school crossing guard employed by a third party hired by a city or county and trained in accordance with s. 316.75. 493.6102-12

    13. NO LICENSE NEEDED FOR: Any individual employed as a security officer by a religious institution as defined in s. 199.183(2)(a) to provide security on the institution property, and who does not carry a firearm in the course of her or his duties. 493.6102-13

    14. NO LICENSE NEEDED FOR: Any licensed certified public accountant who is acting within the scope of the practice of public accounting as defined in chapter 473. 493.6102-15

    15. NO LICENSE NEEDED FOR: Any individual who is an "officer" as defined in s. 943.10(14) or is a law enforcement officer of the United States Government, while such local, state, or federal officer is engaged in her or his official duties or when performing off-duty security activities approved by her or his superiors 493.6102-1



      (*) = Clarification/Interpretaion


    Resource Links:

    New Hampshire Statutes

    And: http://www.gencourt.state.nh.us/rsa/.../106-F-mrg.htm
    Legal Affairs comments are not intended to be and should absolutely not be taken as legal advice. If you should require legal, tax, or financial advice, you must first enter into a written agreement with only a licensed professional for legal, tax, or financial services, signed by both you and the licensed professional, and paid a retainer in good funds. Legal Affairs is not, nor intends to be, nor solicits to be your licensed professional. Members accessing comments by Legal Affairs are required to be bound by their Terms of Use Agreement regarding Legal Affairs.

  2. #2
    Danielle Bosley is offline Lifetime Professional Management Member

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    Re: PI LICENSING: North Carolina

    I'm confused. I'm in New Hampshire; my business partner is in North Carolina. In terms of NC- I spoke with Jerry for a few hours (yikes) on the phone today about all the legalities. he informed me that we can work anywhere under our corporate headquarters in CO; citing that the statues have exceptions. I'm not seeing those exceptions in NC (I've yet to look up NH). The statutes can be found at: http://www.ncga.state.nc.us/enactedl...apter_74c.html and clearly state you cannot do most all PI activites (we are focused on locating people for birth parent/adoptee reunions), and there are no exceptions citing that you can. He mentioned something about geneaology exemptions, but I don't see that anywhere either. Can someone point me in the right direction or clarify this?

  3. #3
    Danielle Bosley is offline Lifetime Professional Management Member

    Corporate Agency Member of:
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    Re: PI LICENSING: New Hampshire

    Am I correct in assuming the exemption for geneaological research would allow me to locate birth parents and/or adoptees? By "solely"- am I to understand that is the only practice I am allowed to engage in?

  4. #4
    Join Date
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    Re: PI LICENSING: New Hampshire

    Quote Originally Posted by Danielle Bosley View Post
    Am I correct in assuming the exemption for geneaological research would allow me to locate birth parents and/or adoptees?
    Answer: Yes, provided you do not advertise as a New Hampshire Based private investigator business. You are permitted to advertise as a Genealogist.

    The same would be true if your "job" was to retrieve court house records (which are open to the public). If you advertise "Court Records Retriever", then you do not need a PI License. If you advertise as a New Hampshire based PI that also does court record retrievals, then you would need a PI license.

    It's all a matter of "advertising" what your business service "is".

    You can also advertise your Colorado PI agency as performing genealogical research nationwide without having a New Hampshire PI License, because the research can be done on the internet, phone, fax, email, and database from anywhere in the world. Again, it is a matter of "advertising" what your business is, and "where" it is located.

    Quote Originally Posted by Danielle Bosley View Post
    By "solely"- am I to understand that is the only practice I am allowed to engage in?
    Answer: No, as long as you are incorporated in Colorado, then "solely" does not apply to you as a "person". Solely applies to a sole owner. A sole owner can own more than one business, but is looked at personally as the sole person, versus a corporation which can be a mix of services.

    Here is another very important resource link for you to consider:


    http://www.bcgcertification.org/certification/fees.html

    http://www.bcgcertification.org/

    http://nhsog.org/nhsog/index.htm
    Legal Affairs comments are not intended to be and should absolutely not be taken as legal advice. If you should require legal, tax, or financial advice, you must first enter into a written agreement with only a licensed professional for legal, tax, or financial services, signed by both you and the licensed professional, and paid a retainer in good funds. Legal Affairs is not, nor intends to be, nor solicits to be your licensed professional. Members accessing comments by Legal Affairs are required to be bound by their Terms of Use Agreement regarding Legal Affairs.

  5. #5
    Danielle Bosley is offline Lifetime Professional Management Member

    Corporate Agency Member of:
    International Private Investigators Union (IPIU)
    Join Date
    Sep 2011
    Location
    Massachusetts
    Posts
    303

    Re: PI LICENSING: New Hampshire

    Thanks! We'll look into it!

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