Title 57

NRS 689.115 “Sales commission” defined. “Sales commission” means that portion of the purchase price paid to or retained by the seller as compensation in connection with the sale of a prepaid contract. (Added to NRS by 1971, 1394)

NRS 689.125 “Seller” defined. “Seller” means any person selling a prepaid contract. (Added to NRS by 1971, 1394)

NRS 689.135 “Trust fund” defined. “Trust fund” means a fund containing any money deposited with a trustee by a seller with respect to a prepaid contract. (Added to NRS by 1971, 1394; A 1987, 1260)

NRS 689.137 “Trust liability” defined. “Trust liability” means 100 percent of the purchase price after deducting commissions. (Added to NRS by 1991, 2203; A 1993, 2616)

NRS 689.145 “Trustee” defined. “Trustee” means: 1. A state or national bank or savings bank; 2. A trust company; 3. A federally insured savings and loan association; or 4. A credit union insured by the National Credit Union Share Insurance Fund or by a private insurer approved pu…

NRS 689.148 Regulations. The Commissioner may adopt such regulations as may be necessary to carry out the purposes and provisions of this chapter. (Added to NRS by 1971, 1402; A 1987, 1270) FUNERAL SERVICES

NRS 689.150 Definitions. As used in NRS 689.150 to 689.375, inclusive, unless the context otherwise requires: 1. “Funeral service or services” means those services performed normally by funeral directors, funeral arrangers or funeral or mortuary parlors and includes their sales o…

NRS 689.155 Unlawful acts; exception. 1. It is unlawful for any person to receive, hold, control or manage money or proceeds received or derived from the sale of, or from a contract to sell, any personal property, merchandise, funeral supplies or services of any description not a…

NRS 689.160 Applicability of other provisions to agents, sellers and applicants for certificate of authority. 1. The provisions of NRS 683A.341, 683A.451, 683A.461 and 686A.010 to 686A.310, inclusive, apply to agents and sellers. 2. For the purposes of subsection 1, unless the co…

NRS 689.165 Certificate of authority and compliance with provisions required to sell or accept money under prepaid contract. A person shall not sell any prepaid contract or accept any money under such a contract unless: 1. The person holds a valid certificate of authority as a se…

NRS 689.175 Certificate of authority: Application and supporting documents; fees. 1. The proposed seller, or the appropriate corporate officer of the proposed seller, shall apply in writing to the Commissioner for a seller’s certificate of authority, showing: (a) The proposed sel…

NRS 689.185 Certificate of authority: Surety bond or deposit required; replacement bond; release of deposit; waiver. 1. Except as otherwise provided in subsection 2: (a) Before the issuance of a certificate of authority, the seller shall post with the Commissioner and thereafter …

NRS 689.195 Certificate of authority: Issuance; denial. 1. If the Commissioner finds that the application is complete and the applicant otherwise qualifies under the provisions of NRS 689.150 to 689.375, inclusive, the Commissioner shall issue a seller’s certificate of authority …

NRS 689.205 Certificate of authority: Expiration; renewal; fees for renewal. 1. Each seller’s certificate of authority issued pursuant to NRS 689.150 to 689.375, inclusive, expires at midnight on April 30 of the third year following its date of issuance or renewal. 2. The Commiss…

NRS 689.215 Certificate of authority: Revocation; suspension. 1. After giving written notice of charges to the seller, not less than 30 days in advance of a hearing, the Commissioner may, after the hearing, revoke the seller’s certificate of authority if the seller: (a) Obtained …

NRS 689.225 Agent’s license required to solicit sale of prepaid contract on behalf of seller; exception; administrative fine. 1. It is unlawful for any person to solicit the sale of a prepaid contract in this state on behalf of a seller unless the person holds a valid agent’s lic…

NRS 689.235 Agent’s license: Qualifications; application; fees; conviction of or pleas to certain crimes by applicant or licensee sufficient ground for denial, suspension or revocation; fingerprints. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requ…

NRS 689.245 Agent’s license: Issuance; denial. 1. If the Commissioner finds that the application is complete and the applicant meets the requirements of NRS 689.235 after an investigation not to exceed 30 days, the Commissioner shall issue at the request of the holder of a valid …

NRS 689.255 Agent’s license: Period of validity; renewal; fees for renewal; expiration. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupatio…

NRS 689.258 Payment of child support: Statement by applicant for agent’s license; grounds for denial of agent’s license; duty of Commissioner. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding,…

NRS 689.262 Suspension of agent’s license for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of agent’s license. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for …

NRS 689.265 Agent’s license: Revocation; suspension. The Commissioner may proceed against an agent’s license in the same manner as provided in NRS 689.215 if the agent: 1. Obtained the license through misrepresentation or concealment of a material fact. 2. Is no longer qualified …

NRS 689.275 Prepaid contracts: Content; entire agreement; rescission. 1. All forms for a prepaid contract offered or sold in this state must contain: (a) The names and addresses of the seller, buyer, beneficiary and trustee and of each performer; (b) A clear and unambiguous state…

NRS 689.285 Prepaid contracts: Filing, approval and disapproval of forms; waiting period. 1. A seller shall not offer, sell or deliver in this state any prepaid contract unless the form of the contract has been filed with and approved in writing by the Commissioner. 2. The Commis…

NRS 689.295 Prepaid contracts: Credit life insurance. If the purchase price for a prepaid contract is to be paid in installments, the seller may make available to the buyer credit life insurance on a form and terms filed with and approved by the Commissioner. The buyer must be pr…

NRS 689.305 Prepaid contracts: Maximum sales commission. The sales commission on any prepaid contract shall not exceed 25 percent of the purchase price. (Added to NRS by 1971, 1399)

NRS 689.315 Prepaid contracts: Maintenance and administration of trust fund; exception. 1. Except as otherwise provided in subsection 2: (a) The seller shall establish and maintain a trust fund with an authorized trustee, for the benefit of the beneficiary of the prepaid contract…

NRS 689.325 Prepaid contracts: Distributions to seller from trust fund; required amounts for reserve and liabilities in trust fund; filing of financial reports by trustee; fee and penalty related to such reports; determination of total value of trust. 1. Not more than 75 percent …

NRS 689.345 Prepaid contracts: Net purchase price required to be available upon notice by buyer, estate or heirs of intent to terminate. The net purchase price of the preneed contract shall be available to the buyer or the estate or heirs of the buyer at any time prior to perform…

NRS 689.355 Prepaid contracts: Termination upon notice from buyer or demise of beneficiary; action by trustee or seller. 1. Except as otherwise provided in subsection 2, if the buyer moves to another geographic area beyond the normal facilities of the seller and performers under …

NRS 689.365 Prepaid contracts: Termination on insolvency or other inability of seller to perform unless assigned; distribution of money in trust fund. 1. An executory prepaid contract automatically terminates if the seller or any performer under the contract goes out of business,…

NRS 689.375 Records of seller; examination by Commissioner. 1. Every seller shall keep: (a) Accurate accounts, books and records of all transactions; (b) Copies of all agreements and dates and amounts of payments made and accepted; (c) The names and addresses of the contracting p…

NRS 689.450 Definitions. As used in NRS 689.450 to 689.595, inclusive, unless the context otherwise requires, the words and terms defined in NRS 689.455 to 689.475, inclusive, have the meanings ascribed to them in those sections. (Added to NRS by 1987, 1251)

NRS 689.455 “Burial merchandise” defined. “Burial merchandise” means those items normally supplied by a cemetery authority under a preneed sales agreement, including urns, memorials, scrolls, vases, foundations, bases and other similar merchandise, but does not include the sale o…

NRS 689.460 “Burial services” defined. “Burial services” means those services normally performed by a cemetery authority under a preneed sales agreement for the opening and closing of graves, crypts and niches, and other services in relation thereto. (Added to NRS by 1987, 1251)

NRS 689.465 “Cemetery authority” defined. “Cemetery authority” means any natural person, partnership, corporation, association or cemetery district owning or controlling lands or property for a cemetery and engaged in the operation of a cemetery in this State which provides endow…

NRS 689.470 “Performer” defined. “Performer” means any person designated in the prepaid contract to furnish the burial merchandise and supplies and to perform the services covered by the contract, on the demise of the beneficiary. (Added to NRS by 1987, 1251)

NRS 689.475 “Prepaid contract” defined. 1. “Prepaid contract” means any contract under which, for a specified consideration paid in advance in a lump sum or by installments or payable solely from the proceeds of a policy of life insurance, the seller of the contract guarantees or…

NRS 689.480 Unlawful acts; exception. 1. It is unlawful for any person to receive, hold, control or manage money or proceeds received or derived from the sale of, or from a contract to sell, any personal property, equipment, merchandise or supplies of any description not then alr…

NRS 689.485 Permit required for cemetery authority to offer or sell burial merchandise or services under prepaid contract; exception; administrative fine. 1. It is unlawful for any cemetery authority, or any person on behalf of a cemetery authority, to offer or sell any burial me…

NRS 689.490 Permit: Application and supporting documents; fees. 1. The proposed seller, or the appropriate corporate officer of the seller, shall apply in writing to the Commissioner for a seller’s permit, showing: (a) The proposed seller’s name and address and his or her occupat…

NRS 689.495 Permit: Surety bond or deposit required; replacement bond; release of deposit; waiver. 1. Except as otherwise provided in subsection 2: (a) Before the issuance of a permit to a seller, the seller shall post with the Commissioner and thereafter maintain in force a bond…

NRS 689.500 Permit: Issuance; denial. 1. If the Commissioner finds that the application is complete, that the cemetery authority is in compliance with all requirements therefor, that the applicant otherwise qualifies under the provisions of NRS 689.450 to 689.595, inclusive, and …

NRS 689.505 Permit: Period of validity; renewal; fees for renewal; expiration. 1. Each seller’s permit issued or renewed pursuant to NRS 689.450 to 689.595, inclusive, continues in effect for 3 years unless it is suspended, revoked or otherwise terminated. 2. The Commissioner sha…

NRS 689.510 Permit: Revocation; suspension. 1. After giving written notice of charges to the seller, not less than 30 days in advance of a hearing, the Commissioner may, after the hearing, revoke the seller’s permit if the seller: (a) Obtained the permit through misrepresentation…