Current through Register No. 40, October 3, 2024
(a) For purposes of
RSA 282-A:32,
I(e), an individual shall be considered to
have been previously self-employed or to have had a business if, as to an
entity or activity 3 or more of the following are true:
(1) The individual was a sole proprietor,
partner, officer, or director, both in name and in fact;
(2) The individual had an investment or was a
stockholder;
(3) The individual
formed the entity or became involved in the activity in order to create
profits, which for purposes of this subparagraph shall include wages, capital
gains, dividends, salaries, commissions, bonuses, board, rent, housing, payment
in kind, insurance, disability plans, retirement, and similar advantages, and
benefits;
(4) The individual
controlled or had the right to control the business;
(5) The individual had a spouse, parent,
child, brother, sister, or step family member of the same relationship who was
either an officer, manager, director, investor, stockholder, or partner, who
controlled or who had the express or implied right to control the business, and
said family member either acceded to the decisions of the individual or
delegated rights or authority to the individual; or
(6) The individual performed services not
required to be done by an officer or director.
(b) For purposes of
RSA 282-A:32,
I(e):
(1)
An individual shall be deemed to have left the individual's self-employment or
closed the individual's business without regard to whether or not the
individual's reasons were personal, business, economic, legal, or initiated by
another party such as a bank, landlord, or creditor even if such party utilized
legal process such as eviction, foreclosure, attachment, cutting off credit
lines, or involuntary bankruptcy;
(2) An individual who did not affirmatively
dissent from a decision by partners, stockholders, directors, and/or officers
causing the individual to leave the individual's self-employment or close the
individual's business shall be deemed to have left the individual's
self-employment or closed the individual's business, even if the decision was a
joint decision or a decision in which the individual would have been outvoted
had the individual dissented;
(3)
An individual shall not be deemed to have left the individual's self-employment
or closed the individual's business if the leaving or closing was directly
caused by an act of God which would have prevented a reasonably prudent person
making all reasonable efforts to continue the individual's self-employment or
business from doing so; and
(4) An
individual shall not be deemed to have left the individual's self-employment or
closed the individual's business if the leaving or closing was directly caused
by operation of law which would have prevented a reasonably prudent person
making all reasonably prudent efforts to continue the individual's
self-employment or business from doing so.
(c) For purposes of (b)(4) above, "operation
of law" means that:
(1) There is:
a. A new law;
b. A new application of existing law;
or
c. A change in the
law;
(2) The new law, new
application or change causes an effect on:
a.
The individual; or
b. The
individual's:
1. Self-employment;
or
2. Business;
(3) The effect is without
the act or cooperation of the individual; and
(4) The effect is conducive to the individual
either:
a. Leaving the individual's
self-employment; or
b. Closing the
individual's business.
(d) For purposes of (b)(4) above, "operation
of law" shall not include:
(1) Eviction,
foreclosure, attachment, involuntary bankruptcy, or other legal process;
or
(2) Cutting off credit lines,
acceleration of a note, refusal to renew a lease, or other termination or
non-extension of a business or contractual right.
(e) For purposes of
RSA 282-A:32,
I(e), an individual shall not be considered
to have been previously self-employed or to have had a business if the
individual engaged in temporary self-employment under the conditions set forth
in
RSA
282-A:33.
(f) For purposes of
RSA 282-A:32,
I(e), the leaving of self-employment or
closing of a business need not be permanent and shall include seasonal and
other temporary leavings and closings.
#5978, eff 2-1-95; ss by #6416, eff 1-1-97, EXPIRED:
1-1-05
New. #8471, INTERIM, eff 11-1-05,
EXPIRED: 4-30-06
New. #8627, eff 5-6-06; ss by
#9742, eff 6-26-10
