Title 55

NRS 676A.060 “Business address” defined. “Business address” means the physical location of a business, including, without limitation, the name and number of a street. (Added to NRS by 2009, 1971)

NRS 676A.070 “Certified counselor” defined. “Certified counselor” means an individual certified by a training program or certifying organization, approved by the Commissioner, that authenticates the competence of individuals providing education and assistance to other individuals…

NRS 676A.080 “Certified debt specialist” defined. “Certified debt specialist” means an individual certified by a training program or certifying organization, approved by the Commissioner, that authenticates the competence of individuals providing education and assistance to other…

NRS 676A.090 “Commissioner” defined. “Commissioner” means the Commissioner of Financial Institutions. (Added to NRS by 2009, 1971)

NRS 676A.100 “Concessions” defined. “Concessions” means assent to repayment of a debt on terms more favorable to an individual than the terms of the contract between the individual and a creditor. (Added to NRS by 2009, 1971)

NRS 676A.110 “Credit counseling” defined. “Credit counseling” means providing education and assistance to an individual concerning debts owed by the individual which may include, without limitation, the development and implementation of a debt-management plan. (Added to NRS by 20…

NRS 676A.120 “Day” defined. “Day” means calendar day. (Added to NRS by 2009, 1971)

NRS 676A.130 “Debt-management plan” defined. “Debt-management plan” means a plan which contemplates that: 1. Regular, periodic payments will be made to a provider by or on behalf of an individual to whom debt-management services are being provided; and 2. The individual’s credito…

NRS 676A.140 “Debt-management services” defined. “Debt-management services” means services as an intermediary between an individual and one or more creditors of the individual for the purpose of obtaining concessions and includes credit counseling, the development and implementat…

NRS 676A.150 “Debt settlement services” defined. “Debt settlement services” means debt-management services which contemplate that: 1. Regular, periodic payments will be made by or on behalf of the individual to whom the services are being provided; 2. The individual will accumula…

NRS 676A.160 “Entity” defined. “Entity” means a person other than an individual. (Added to NRS by 2009, 1972)

NRS 676A.170 “Good faith” defined. “Good faith” means honesty in fact and the observance of reasonable standards of fair dealing. (Added to NRS by 2009, 1972)

NRS 676A.175 “Nationwide Multistate Licensing System and Registry” or “Registry” defined. “Nationwide Multistate Licensing System and Registry” or “Registry” has the meaning ascribed to it in NRS 604A.083. (Added to NRS by 2021, 2039)

NRS 676A.180 “Person” defined. “Person” means an individual, corporation, business trust, estate, trust, partnership, limited-liability company, association, joint venture or any other legal or commercial entity. The term does not include a public corporation, government or gover…

NRS 676A.190 “Plan” defined. “Plan” means a program or strategy in which a provider furnishes debt-management services to an individual and which includes a schedule of payments to be made by or on behalf of the individual and used to pay debts owed by the individual. (Added to N…

NRS 676A.200 “Principal amount of the debt” defined. “Principal amount of the debt” means the amount of a debt at the time of an agreement. (Added to NRS by 2009, 1972)

NRS 676A.210 “Provider” defined. “Provider” means a person that provides, offers to provide or agrees to provide debt-management services directly or through others. (Added to NRS by 2009, 1972)

NRS 676A.220 “Record” defined. “Record” means information which is inscribed on a tangible medium or which is stored in an electronic or other medium and is retrievable in perceivable form. (Added to NRS by 2009, 1972)

NRS 676A.230 “Settlement fee” defined. “Settlement fee” means a charge imposed on or paid by an individual in connection with a creditor’s assent to accept in full satisfaction of a debt an amount less than the principal amount of the debt. (Added to NRS by 2009, 1972)

NRS 676A.240 “Sign” defined. “Sign” means, with present intent to authenticate or adopt a record: 1. To execute or adopt a tangible symbol; or 2. To attach to or logically associate with the record an electronic sound, symbol or process. (Added to NRS by 2009, 1972)

NRS 676A.250 “State” defined. “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. (Added to NRS by 2009, 1972)

NRS 676A.260 “Trust account” defined. “Trust account” means an account held by a provider that is: 1. Established in an insured bank; 2. Separate from other accounts of the provider or its designee; 3. Designated as a trust account or other account designated to indicate that the…

NRS 676A.270 Applicability. 1. This chapter does not apply to an agreement with an individual who the provider has no reason to know resides in this State at the time of the agreement. 2. This chapter does not apply to a provider to the extent that the provider: (a) Provides or a…

NRS 676A.280 Uniformity of application and construction. In applying and construing the Uniform Debt-Management Services Act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. (Added to NRS by 2…

NRS 676A.290 Relation to Electronic Signatures in Global and National Commerce Act. This chapter modifies, limits and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. §§ 7001 et seq., but does not modify, limit or supersede section 101(c…

NRS 676A.300 Registration required. 1. Except as otherwise provided in subsection 2, a provider may not provide debt-management services to an individual who it reasonably should know resides in this State at the time it agrees to provide the services, unless the provider is regi…

NRS 676A.310 Application for registration: Form; contents; fee; bond; evidence of insurance. 1. An application for registration as a provider must be in a form prescribed by the Commissioner. 2. Subject to adjustment of dollar amounts pursuant to subsection 6 of NRS 676A.730, an …

NRS 676A.320 Application for registration: Additional contents. An application for registration must be signed under oath and include: 1. The applicant’s name, principal business address and telephone number and all other business addresses in this State, electronic mail addresse…

NRS 676A.330 Duty to report changes in information. An applicant or registered provider shall notify the Commissioner within 10 days after a change in the information specified in paragraph (d) or (f) of subsection 2 of NRS 676A.310 or subsection 1, 3, 6, 12 or 13 of NRS 676A.320…

NRS 676A.340 Commissioner to make certain information available; certain information confidential. 1. Except as otherwise provided in subsection 2, the Commissioner shall make the information in an application for registration as a provider available to the public. 2. Except as o…

NRS 676A.350 Issuance of certificate of registration; temporary certificate of registration; grounds for denial of registration. 1. Except as otherwise provided in subsections 3 and 4, the Commissioner shall issue a certificate of registration as a provider to a person that compl…

NRS 676A.360 Commissioner to approve or deny registration within certain period; extension to obtain additional information; appeal of denial. 1. The Commissioner shall approve or deny an initial registration as a provider within 120 days after an application is filed. In connect…

NRS 676A.370 Renewal of registration: Application; form; contents; fees; disclosure; denial; cancellation and reinstatement. 1. A registration as a provider expires on December 31 of each year, unless it is renewed. 2. An application for renewal of registration as a provider must…

NRS 676A.380 Alternative application for registration for applicants licensed or certified in another state; conditions. If a provider holds a license or certificate of registration in another state authorizing it to provide debt-management services, the provider may submit a cop…

NRS 676A.390 Surety bond required. 1. Except as otherwise provided in NRS 676A.400, a provider that is required to be registered under this chapter shall file a surety bond with the Commissioner, which must: (a) Be continuously in effect during the period of registration and for …

NRS 676A.400 Substitute for surety bond. 1. Instead of the surety bond required by NRS 676A.390, a provider may deliver to the Commissioner, in the amount required by subsection 2 of NRS 676A.390, and, except as otherwise provided in subparagraph (1) of paragraph (b), payable or …

NRS 676A.410 Commissioner authorized to take action to participate in Registry; charges for use; regulations; provisions do not replace or affect authority of Commissioner regarding registration. 1. The Commissioner may, in furtherance of his or her duties with respect to the iss…

NRS 676A.420 Submission and processing of fingerprints. 1. The Commissioner may require an applicant for or holder of a certificate of registration to submit a complete set of fingerprints when the Commissioner determines necessary. 2. The Commissioner may use the services of the…

NRS 676A.430 Commissioner required to report certain information or material to Registry; confidentiality of information or material provided; Commissioner authorized to enter into certain agreements and arrangements. 1. Subject to any limitations or restrictions contained in fed…

NRS 676A.440 Additional materials required to be submitted to Registry. 1. In addition to any other requirements set forth by specific statute, each applicant for the issuance of a registration and each owner, officer, director and responsible person of the applicant, each person…

NRS 676A.450 Holder of certificate to register and maintain unique identifier; Commissioner authorized to issue certificate through Registry; references to Commissioner deemed references to Registry. 1. Each holder of a certificate of registration shall register with and maintain…

NRS 676A.500 Provider to act in good faith; fiduciary duty. 1. A provider shall act in good faith in all matters under this chapter. 2. A provider who holds funds on behalf of an individual to whom it provides debt-management services shall act as a fiduciary with respect to thos…

NRS 676A.510 Provider to maintain toll-free communication system. A provider that is required to be registered under this chapter shall maintain a toll-free communication system, staffed at a level that reasonably permits an individual to speak to a certified counselor, certified…

NRS 676A.520 Duties of provider before providing debt-management services. 1. Before providing debt-management services, a registered provider shall give the individual an itemized list of goods and services and the charges for each. The list must be clear and conspicuous, be in …

NRS 676A.530 Required disclosures and materials: Use of Internet; form; written copy provided on request; disclosures on website; termination of electronic communication; termination of agreement. 1. A provider may satisfy the requirements of NRS 676A.520, 676A.540 or 676A.630 by…