Title 52

NRS 604A.635 Issuance of license; display of license; issuance of additional licenses for branch locations; contents of license; license not transferable or assignable. 1. The Commissioner shall enter an order granting an application if he or she finds that: (a) The financial res…

NRS 604A.640 Expiration, renewal and reinstatement of license; fees. 1. A license issued pursuant to the provisions of this chapter expires annually on December 31, unless it is renewed. To renew a license, a licensee must submit to the Commissioner on or after November 1 and on …

NRS 604A.645 Change of control of licensee: Notice; application to Commissioner. 1. A licensee shall immediately notify the Commissioner of any change of control of the licensee. 2. A person who acquires stock, partnership or member interests resulting in a change of control of t…

NRS 604A.650 Licensee must conduct business in accordance with license; approval of business name; prohibition against using misleading or confusing business name or printed forms. 1. A licensee shall not conduct the business of making loans under any name, at any place or by any…

NRS 604A.655 Restrictions on location where licensee may conduct business; requirements to conduct business at same location as mortgage company or pawnbroker. 1. Except as otherwise provided in this section, a licensee may not conduct the business of making loans within any offi…

NRS 604A.660 Change of address by licensee: Notice; approval by Commissioner; penalty for failure to provide required notice. 1. A licensee who wishes to change the address of an office or other place of business for which he or she has a license pursuant to the provisions of thi…

NRS 604A.665 Commissioner authorized to take action to participate in Registry; charges for use; regulations; provisions do not affect authority of Commissioner regarding licensing. 1. The Commissioner may, in furtherance of his or her duties with respect to the issuance and rene…

NRS 604A.670 Submission and processing of fingerprints. 1. The Commissioner may require an applicant for a license or a licensee to submit a complete set of fingerprints when the Commissioner determines necessary. 2. The Commissioner may use the services of the Registry to proces…

NRS 604A.675 Commissioner to report information to Registry; confidentiality of information provided; Commissioner authorized to enter into certain agreements and arrangements. 1. Subject to any limitations or restrictions contained in federal or state law governing the privacy o…

NRS 604A.680 Additional materials to be submitted to Registry. 1. In addition to any other requirements set forth by specific statute, each applicant for the issuance of a license and each owner, officer, director and responsible person of the applicant, each person in control of…

NRS 604A.685 Licensee required to register and maintain unique identifier; Commissioner authorized to issue license through Registry; references to Commissioner deemed references to Registry. 1. Each licensee shall register with and maintain a valid unique identifier with the Reg…

NRS 604A.700 Required books and records. 1. Each licensee shall keep and use in his or her business such books and accounting records as are in accord with generally accepted accounting practices. 2. Each licensee shall maintain a separate written or electronic record or ledger c…

NRS 604A.710 Investigation of businesses; examination of books and records by Commissioner. 1. For the purpose of discovering violations of this chapter or securing information lawfully required under this chapter, the Commissioner or his or her duly authorized representatives ma…

NRS 604A.720 Authority of Commissioner to require attendance of witnesses and production of books and records. 1. The Commissioner may require the attendance of any person and examine him or her under oath regarding: (a) Any check-cashing service or loan service regulated pursuan…

NRS 604A.730 Annual examinations by Commissioner; exceptions. 1. At least once each year, the Commissioner or his or her authorized representatives shall make an examination of the place of business of each licensee and of the loans, transactions, books, accounts, papers and reco…

NRS 604A.740 Fees for regulatory activities; penalties for failure to pay fees. 1. The Commissioner shall charge and collect from each licensee a fee at the rate established and, if applicable, adjusted pursuant to NRS 658.101 for the cost of any supervision, audit, examination, …

NRS 604A.750 Annual report by licensee; composite reports; Commissioner may require additional reports. 1. Annually, on or before April 15, each licensee shall file with the Commissioner and the Registry a report of operations of the licensed business for the preceding calendar y…

NRS 604A.760 Fees for failure to submit reports. 1. If a licensee fails to submit any report required pursuant to this chapter or any regulation adopted pursuant thereto within the prescribed period, the Commissioner may impose and collect a fee of not more than $10 for each day …

NRS 604A.800 Temporary suspension of license: Conditions; notice; hearing; terms of suspension. If the Commissioner finds that probable cause for revocation of any license exists and that enforcement of the provisions of this chapter requires immediate suspension of a license pen…

NRS 604A.810 Order to desist and refrain; action to enjoin violation; appointment of receiver. 1. Whenever the Commissioner has reasonable cause to believe that any person is violating or is threatening to or intends to violate any provision of this chapter, the Commissioner may,…

NRS 604A.820 Procedure for taking disciplinary action; authorized disciplinary action; grounds. 1. If the Commissioner has reason to believe that grounds for revocation or suspension of a license exist, the Commissioner shall give 20 days’ written notice to the licensee stating t…

NRS 604A.830 Additional grounds for disciplinary action. In addition to any other lawful reasons, the Commissioner may suspend or revoke a license if the licensee has engaged in any act that would be grounds for denying a license pursuant to this chapter. (Added to NRS by 2005, 1…

NRS 604A.840 Surrender of license by licensee; effect of surrender. A licensee may surrender any license issued pursuant to the provisions of this chapter by delivering it to the Commissioner with written notice of its surrender, but a surrender does not affect the licensee’s civ…

NRS 604A.850 Preexisting contracts unaffected by revocation, suspension, expiration or surrender of license. A revocation, suspension, expiration or surrender of any license does not impair or affect the obligation of any preexisting lawful loan agreement between the licensee and…

NRS 604A.900 Remedies for certain willful violations. 1. Except as otherwise provided in this section, if a licensee willfully: (a) Enters into a loan agreement for an amount of interest or any other charge or fee that violates the provisions of this chapter or any regulation ado…

NRS 604A.910 Administrative fines for unlicensed activity. In addition to any other remedy or penalty, the Commissioner may impose an administrative fine of not more than $50,000 upon a person who, without a license, conducts any business or activity for which a license is requir…

NRS 604A.920 Other remedies for unlicensed activity. If a person operates a check-cashing service, deferred deposit loan service, high-interest loan service or title loan service without obtaining a license pursuant to this chapter: 1. Any contracts entered into by that person fo…

NRS 604A.930 Civil action. 1. Subject to the affirmative defense set forth in subsection 3, in addition to any other remedy or penalty, if a person violates any provision of NRS 604A.400, 604A.5011 to 604A.5034, inclusive, and 604A.5038 to 604A.5094, inclusive, 604A.5983, 604A.59…

NRS 604A.940 Exercise of jurisdiction over party to civil action; service of summons to confer jurisdiction. 1. A court of this State may exercise jurisdiction over a party to a civil action arising under the provisions of this chapter on any basis not inconsistent with the Const…

NRS 604B.010 Definitions. As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 604B.020 to 604B.120, inclusive, have the meanings ascribed to them in those sections. (Added to NRS by 2005, 1643)

NRS 604B.020 “Customer” defined. “Customer” means a person who, in connection with the preparation or filing of a tax return, applies for a refund anticipation loan or receives the proceeds of a refund anticipation loan. (Added to NRS by 2005, 1643)

NRS 604B.030 “Facilitator of a refund anticipation loan” or “facilitator” defined. 1. “Facilitator of a refund anticipation loan” or “facilitator” means a person who: (a) Receives or accepts for delivery an application for a refund anticipation loan; (b) Delivers a check in payme…

NRS 604B.040 “Internal Revenue Service” defined. “Internal Revenue Service” means the Internal Revenue Service of the United States Department of the Treasury. (Added to NRS by 2005, 1643)

NRS 604B.050 “Lender” defined. “Lender” means a person who offers to extend or extends credit to a customer in the form of a refund anticipation loan. (Added to NRS by 2005, 1643)

NRS 604B.060 “Refund anticipation loan” defined. 1. “Refund anticipation loan” means a loan offered or made to a customer by a lender or through a facilitator based on the customer’s anticipated federal income tax refund. 2. The term includes, without limitation, a refund anticip…

NRS 604B.070 “Refund anticipation loan fee” defined. 1. “Refund anticipation loan fee” means any fee, charge or other consideration imposed by a lender or a facilitator for a refund anticipation loan. 2. The term does not include any fee, charge or other consideration usually imp…

NRS 604B.080 “Refund anticipation loan fee schedule” defined. 1. “Refund anticipation loan fee schedule” means a listing or table of refund anticipation loan fees charged by a lender or a facilitator for three or more representative refund anticipation loan amounts. 2. A refund a…

NRS 604B.090 “Regulation Z” defined. “Regulation Z” means the federal regulations, as amended, 12 C.F.R. Part 226, adopted pursuant to the Truth in Lending Act and commonly known as Regulation Z. (Added to NRS by 2005, 1644)

NRS 604B.100 “Tax preparer” defined. “Tax preparer” means a person who engages in the business of preparing or filing tax returns for any fee, charge or other consideration. (Added to NRS by 2005, 1644)

NRS 604B.110 “Tax return” defined. “Tax return” means a federal income tax return. (Added to NRS by 2005, 1644)

NRS 604B.120 “Truth in Lending Act” defined. “Truth in Lending Act” means the federal Truth in Lending Act, as amended, 15 U.S.C. §§ 1601 et seq. (Added to NRS by 2005, 1644) REGULATION OF BUSINESS PRACTICES

NRS 604B.200 Posting of fee schedule. A facilitator of a refund anticipation loan shall post the refund anticipation loan fee schedule used by the facilitator in a conspicuous place in every location at which the facilitator conducts business. (Added to NRS by 2005, 1644)

NRS 604B.210 Required disclosures. 1. If a facilitator of a refund anticipation loan offers a customer an opportunity to apply for a refund anticipation loan, the facilitator shall provide to the customer, before the customer completes the application process, the following discl…

NRS 604B.220 Prohibited practices by facilitator. A facilitator of a refund anticipation loan shall not: 1. Misrepresent a material factor or condition of a refund anticipation loan; 2. Fail to process the application for a refund anticipation loan promptly after the customer app…

NRS 604B.900 Penalty. Any person who knowingly and willfully violates any provision of this chapter is guilty of a misdemeanor and shall be punished by a fine of not more than $500 for each violation. (Added to NRS by 2005, 1645)

NRS 604B.910 Remedies, penalties, duties and prohibitions in chapter not exclusive; violation constitutes deceptive trade practice. 1. The remedies, penalties, duties and prohibitions set forth in this chapter are not exclusive and are in addition to any other remedies, penalties…