Title 7

NRS 91.050 “Commodity” defined. 1. “Commodity” means, except as otherwise provided in subsection 2 or specified by the Administrator by regulation or order: (a) Any agricultural, grain or livestock product or by-product; (b) Any metal or mineral, including a precious metal; (c) A…

NRS 91.060 “Commodity contract” defined. 1. “Commodity contract” means any account, agreement or contract for the purchase or sale, primarily for speculation or investment purposes and not for use or consumption by the offeree or purchaser, of one or more commodities, whether for…

NRS 91.070 “Commodity Exchange Act” defined. “Commodity Exchange Act” means the act of Congress known as the Commodity Exchange Act, 7 U.S.C. §§ 1 et seq. (Added to NRS by 1987, 1283)

NRS 91.080 “Commodity Futures Trading Commission” defined. “Commodity Futures Trading Commission” means the independent regulatory agency established by Congress to administer the Commodity Exchange Act. (Added to NRS by 1987, 1283)

NRS 91.090 “Commodity merchant” defined. “Commodity merchant” means any of the following, as defined or described in the Commodity Exchange Act or by a rule of the Commodity Futures Trading Commission: 1. A futures commission merchant; 2. A commodity pool operator; 3. A commodity…

NRS 91.100 “Commodity option” defined. “Commodity option” means any account, agreement or contract giving a party thereto the right but not the obligation to purchase or sell one or more commodities or one or more commodity contracts, whether characterized as an option, privilege…

NRS 91.110 “Financial institution” defined. “Financial institution” means a bank, credit union, savings institution or trust company organized under, or supervised pursuant to, the laws of the United States or of any state. (Added to NRS by 1987, 1284; A 1999, 1456)

NRS 91.120 “Offer” defined. “Offer” includes every offer to sell, purchase or enter into a commodity contract or commodity option. (Added to NRS by 1987, 1284)

NRS 91.130 “Person” defined. 1. “Person” includes a government, governmental agency or political subdivision of a government. 2. “Person” does not include a contract market designated by the Commodity Futures Trading Commission or any clearinghouse thereof or a national securitie…

NRS 91.140 “Precious metal” defined. “Precious metal” means the following in either coin, bullion or other form: 1. Silver; 2. Gold; 3. Platinum; 4. Palladium; 5. Copper; and 6. Such other items as the Administrator may specify by regulation or order. (Added to NRS by 1987, 1284)

NRS 91.150 “Sale” and “sell” defined. “Sale” or “sell” includes every contract of sale, contract to sell or disposition for value. (Added to NRS by 1987, 1284)

NRS 91.160 Administration. 1. This chapter must be administered by the Administrator of the Securities Division of the Office of the Secretary of State. 2. It is unlawful for the Administrator or any employee of the Administrator to use for personal benefit any information which …

NRS 91.170 Cooperation with other agencies. 1. To encourage uniform application and interpretation of this chapter and regulation and enforcement of securities laws in general, the Administrator and the employees of the Administrator may cooperate, including bearing the expense o…

NRS 91.180 Effect on chapter 90 of NRS. Nothing in this chapter impairs, derogates or otherwise affects the authority or powers of the Administrator under chapter 90 of NRS or the application of any provision thereof to any person or transaction subject thereto. (Added to NRS by …

NRS 91.190 Sale or purchase of commodities prohibited; exceptions. Except as otherwise provided in NRS 91.200 and 91.210, a person shall not sell or purchase or offer to sell or purchase any commodity under any commodity contract or under any commodity option or offer to enter in…

NRS 91.200 Persons exempted. The prohibitions in NRS 91.190 do not apply to any transaction offered by and in which any of the following persons, or any employee, officer or director thereof acting solely in that capacity, is the purchaser or seller: 1. A person registered with t…

NRS 91.210 Transactions exempted. 1. The prohibitions in NRS 91.190 do not apply to the following: (a) An account, agreement or transaction within the exclusive jurisdiction of the Commodity Futures Trading Commission granted under the Commodity Exchange Act. (b) A commodity cont…

NRS 91.220 Prohibited activities of commodity merchant and board of trade. 1. A person shall not engage in a trade or business or otherwise act as a commodity merchant unless the person: (a) Is registered or temporarily licensed with the Commodity Futures Trading Commission for e…

NRS 91.230 Fraudulent conduct. A person shall not directly or indirectly: 1. Cheat or defraud, or attempt to cheat or defraud, any other person or employ any device, scheme or artifice to defraud any other person; 2. Make any false report, enter any false record, or make any untr…

NRS 91.240 Applicability of NRS 91.190, 91.220 and 91.230. 1. NRS 91.190, 91.220 and 91.230 apply to persons who sell or offer to sell when: (a) An offer to sell is made in this State; or (b) An offer to buy is made and accepted in this State. 2. NRS 91.190, 91.220 and 91.230 app…

NRS 91.250 Liability of principals and agents. 1. The act, omission, or failure of any officer, agent or other person acting for any natural person, association, partnership, corporation or trust within the scope of his or her employment or office shall be deemed the act, omissio…

NRS 91.260 Regulations and orders. The Administrator may adopt such regulations or issue such orders as are necessary to carry out the provisions of this chapter and which are in the public interest or for the protection of investors. The regulations or orders may: 1. Designate i…

NRS 91.270 Orders: Procedure. 1. The Administrator shall commence an administrative proceeding under this chapter by entering either a notice of intent to do a contemplated act or a summary order. The notice of intent or summary order may be entered without notice or opportunity …

NRS 91.280 Orders: Judicial review. 1. Any person aggrieved by a final order of the Administrator may obtain judicial review of the order in the District Court for the First Judicial District by filing with the court, within 60 days after the entry of the order, a written petitio…

NRS 91.290 Appointment of Administrator as attorney to receive service of process. 1. Every applicant for registration under this chapter shall file with the Administrator, in the form prescribed by the Administrator, an irrevocable consent appointing the Administrator or his or …

NRS 91.300 Investigations and subpoenas. 1. The Administrator may make investigations, within or outside of this State, as the Administrator finds necessary or appropriate to: (a) Determine whether any person has violated, or is about to violate, any provision of this chapter or …

NRS 91.310 Enforcement by Administrator. 1. If the Administrator believes, whether or not based upon an investigation conducted under NRS 91.300, that any person has engaged or is about to engage in any act or practice constituting a violation of any provision of this chapter or …

NRS 91.320 Remedies for violation of this chapter. 1. Upon a proper showing by the Administrator that a person has violated, or is about to violate, any provision of this chapter or any regulation or order of the Administrator, the district court may grant appropriate legal or eq…

NRS 91.330 Remedies for violation of similar law of another jurisdiction. 1. Upon a proper showing by the Administrator or a securities or commodity agency of another state that a person has violated, or is about to violate, any provision of the commodity code of that state or an…

NRS 91.340 Criminal penalties. 1. Except as otherwise provided in subsection 2, a person who willfully violates: (a) Any provision of this chapter; or (b) Any regulation or order of the Administrator under this chapter, Ê is guilty of a category C felony and shall be punished as …