Title 7

NRS 90.705 Creation of Fund; disbursement; preparation of quarterly estimates; interest and income; deposits; nonreversion. 1. Money for payment of compensation as awarded by the Administrator pursuant to NRS 90.703 must be paid from the Fund for the Compensation of Victims of Se…

NRS 90.707 Acceptance of award of compensation from Fund. An applicant who accepts an award of compensation from the Fund does so under the following conditions: 1. The State of Nevada is immediately subrogated in the amount of the award to any right of action to recover any unpa…

NRS 90.708 Regulations. The Division shall adopt any regulations necessary to carry out the provisions of NRS 90.701 to 90.709, inclusive, including, without limitation, regulations: 1. Establishing eligibility requirements for an award of compensation from the Fund. 2. Establish…

NRS 90.709 Biennial report of Administrator. On or before January 1 of each odd-numbered year, the Administrator shall prepare and submit to the Director of the Legislative Counsel Bureau for transmittal to the Legislature a report relating to the Fund. The report must include, w…

NRS 90.710 Administration of chapter. 1. This chapter must be administered by the Secretary of State and the Administrator. The Secretary of State may employ personnel necessary to administer the provisions of this chapter. 2. Except as otherwise provided in subsections 3 and 4 o…

NRS 90.715 Strict interpretation of provisions; waiver of enforcement; no-action letter; fee. 1. Except as otherwise provided in this section, the Division shall interpret strictly the provisions of this chapter and the regulations adopted pursuant thereto and shall not waive the…

NRS 90.720 Prohibitions on use of information. The Administrator and employees of the Division shall not use information filed with or obtained by the Division for their personal gain or benefit or the gain or benefit of another person. The Administrator and employees of the Divi…

NRS 90.730 Public information and confidentiality. 1. Except as otherwise provided in subsection 2, information and records filed with or obtained by the Administrator are public information and are available for public examination. 2. Except as otherwise provided in subsections …

NRS 90.740 Cooperation with other agencies. 1. To encourage uniform interpretation and administration of this chapter and effective securities regulation and enforcement, the Administrator and the employees of the Division may cooperate with the securities agencies or administrat…

NRS 90.750 Regulations, forms and orders. 1. The Administrator may adopt regulations further defining such words and terms as are necessary for an understanding of the provisions of this chapter and any regulations adopted pursuant thereto. 2. To keep regulations adopted by the A…

NRS 90.755 Authority to adopt regulations and orders consistent with federal Jumpstart Our Business Startups Act. 1. The Administrator may adopt, by regulation or order, any filing requirements, registration exemptions and licensing requirements which are consistent with the Jump…

NRS 90.760 Good faith reliance. No provision of this chapter imposing liability applies to an act done or omitted in good faith in conformity with: 1. A regulation or order adopted by the Administrator, notwithstanding that the regulation or order is later amended, repealed or de…

NRS 90.770 Consent to service of process. 1. An applicant for licensing or registration under this chapter or an issuer who proposes to offer a security in this State through an agent shall file with the Administrator, in the form the Administrator by regulation prescribes, an ir…

NRS 90.780 Administrative files and records. 1. The Administrator shall keep a register of: (a) All applications for licensing and registration under this chapter; (b) All licenses and registration statements that become effective under this chapter; (c) All disciplinary and enfo…

NRS 90.785 Biennial report of Administrator. 1. On or before August 15 of each even-numbered year, the Administrator shall: (a) Submit a written report to the Director of the Legislative Counsel Bureau for submission to the Legislative Commission; and (b) Publish the report descr…

NRS 90.790 Administrative proceedings. The Administrator may commence an administrative proceeding at any time with respect to a matter within the Administrator’s jurisdiction. The Administrator shall commence an administrative proceeding upon the application of a person, unless:…

NRS 90.800 Summary order of Administrator; notice and opportunity for hearing; final order. 1. As an alternative to provisions of chapter 233B of NRS for contested cases, the Administrator may commence a proceeding under NRS 90.420, 90.510 or 90.550 by entering a summary order. T…

NRS 90.820 Emergency administrative proceedings. 1. The Administrator may use emergency administrative proceedings in a situation involving an immediate danger to the public welfare requiring immediate action. 2. The Administrator may take only such action as is necessary to prev…

NRS 90.830 Scope of chapter. 1. NRS 90.310, 90.330, 90.460, 90.570, 90.580, 90.610 and 90.660 apply to a person who sells or offers to sell a security or investment advisory service if: (a) An offer to sell is made in this State; or (b) An offer to purchase is made and accepted i…

NRS 90.840 Contract provisions. 1. No person subject to this chapter who makes or engages in the performance of a contract in violation of this chapter or a regulation or order of the Administrator under this chapter, or who acquires a right under a contract with knowledge of the…

NRS 90.845 Payment of fees by electronic transfer. Any fee authorized or required to be collected by the provisions of this chapter may be paid using a system for the electronic transfer of payment that has been approved by the Administrator by regulation or order. (Added to NRS …

NRS 90.847 Electronic delivery of records and applications. The Administrator may, by regulation or order, approve systems for the electronic delivery of records and applications to the Administrator or the designee of the Administrator or to the principal office of the Administr…

NRS 90.860 Short title; uniformity of application and construction. This chapter may be cited as the Uniform Securities Act and must be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enactin…

NRS 91.010 Purpose; construction. The Legislature intends that this chapter be construed and implemented to effectuate its general purpose to protect investors, to prevent and prosecute illegal and fraudulent schemes involving commodity contracts and to maximize coordination with…

NRS 91.020 Definitions. As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 91.030 to 91.150, inclusive, have the meanings ascribed to them in those sections. (Added to NRS by 1987, 1282; A 2003, 3178)

NRS 91.030 “Administrator” defined. “Administrator” means the Deputy of Securities appointed pursuant to NRS 225.060. (Added to NRS by 1987, 1282; A 2017, 17)

NRS 91.040 “Board of trade” defined. “Board of trade” means any person or group of persons engaged in buying or selling any commodity or receiving any commodity for sale on consignment, whether or not the person or group of persons is characterized as a board of trade, exchange o…

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…