Title 55

NRS 675.370 License remains effective until expiration, surrender, revocation or suspension. Each license shall remain in full force and effect until it expires or is surrendered, revoked or suspended as provided in this chapter. (Added to NRS by 1959, 236; A 1989, 922)

NRS 675.380 Authority of Commissioner to investigate business; free access required. 1. For the purpose of discovering violations of this chapter or of securing information lawfully required under this chapter, the Commissioner or his or her duly authorized representatives may at…

NRS 675.390 Authority of Commissioner to require attendance of witnesses and production of documents. The Commissioner may require the attendance of any person and examine him or her under oath relative to loans or business regulated by this chapter or to the subject matter of an…

NRS 675.400 Commissioner to examine licensee’s business annually; fee. 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…

NRS 675.410 Temporary suspension of license: Conditions; notice; hearing; term of suspension. If the Commissioner finds that probable cause for revocation of any license exists and that enforcement of this chapter requires immediate suspension of a license pending investigation, …

NRS 675.420 Surrender of license by licensee; surrender as affecting licensee’s liability. Any licensee may surrender any license by delivering it to the Commissioner with written notice of its surrender, but a surrender does not affect his or her civil or criminal liability for …

NRS 675.430 Order to desist and refrain; action to enjoin violation; appointment and powers 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, he or she m…

NRS 675.440 Revocation or suspension of license: Grounds; notice; hearing; order. 1. If the Commissioner has reason to believe that grounds for revocation or suspension of a license exist, he or she shall give 20 days’ written notice to the licensee stating the contemplated actio…

NRS 675.445 Revocation or suspension of license: Additional grounds. 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 this chapter. (Added to NRS b…

NRS 675.450 Preexisting contracts unaffected by revocation, suspension, expiration or surrender of license. No revocation, suspension, expiration or surrender of any license impairs or affects the obligation of any preexisting lawful contract between the licensee and any obligors…

NRS 675.470 Unlicensed dealing in loans. Any person and the several members, officers, directors, agents and employees thereof who violate or participate in the violation of any provision of NRS 675.060 are guilty of a misdemeanor. (Added to NRS by 1959, 238; A 1967, 649; 1989, 1…

NRS 675.490 Administrative fines. In addition to any other remedy or penalty, the Commissioner may impose an administrative fine of not more than $10,000 upon a person who, without a license, conducts any business or activity for which a license is required pursuant to the provis…

NRS 676A.010 Short title. This chapter may be cited as the Uniform Debt-Management Services Act. (Added to NRS by 2009, 1970)

NRS 676A.020 Definitions. As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 676A.030 to 676A.260, inclusive, have the meanings ascribed to them in those sections. (Added to NRS by 2009, 1970; A 2021, 2042)

NRS 676A.030 “Affiliate” defined. “Affiliate” means: 1. With respect to an individual: (a) The spouse of the individual; (b) A sibling of the individual or the spouse of a sibling; (c) An individual or the spouse of an individual who is a lineal ancestor or lineal descendant of t…

NRS 676A.040 “Agreement” defined. “Agreement” means an agreement between a provider and an individual for the performance of debt-management services. (Added to NRS by 2009, 1971)

NRS 676A.050 “Bank” defined. “Bank” means a financial institution, including, without limitation, a commercial bank, savings bank, savings and loan association, credit union and trust company, engaged in the business of banking, chartered under federal or state law and regulated …

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…