1. An agreement by an owner, the primary purpose of which is to locate, deliver, recover or assist in the recovery of property that is presumed abandoned, is void and unenforceable if it was entered into during the period commencing on the date the property was presumed abandoned and extending to a time that is 24 months after the date the property is paid or delivered to the Administrator. This subsection does not apply to an owner’s agreement with an attorney to file a claim as to identified property or contest the Administrator’s denial of a claim.
2. An agreement by an owner, the primary purpose of which is to locate, deliver, recover or assist in the recovery of property, is enforceable only if the agreement:
(a) Is in writing;
(b) Clearly sets forth the nature of the property and the services to be rendered;
(c) Sets forth the date on which the property was paid or delivered to the Administrator;
(d) Sets forth a statement of the provisions of this section;
(e) Is signed by the apparent owner; and
(f) States the value of the property before and after the fee or other compensation has been deducted.
3. If an agreement covered by this section applies to mineral proceeds and the agreement contains a provision to pay compensation that includes a portion of the underlying minerals or any mineral proceeds not then presumed abandoned, the provision is void and unenforceable.
4. An agreement covered by this section must not provide for compensation that is more than:
(a) If the property that is the subject of the agreement was paid or delivered to the Administrator less than 5 years before the signing of the agreement, 10 percent of the total value of the property.
(b) If the property that is the subject of the agreement was paid or delivered to the Administrator 5 years or more before the signing of the agreement, 20 percent of the total value of the property.
5. An agreement that provides for compensation that is more than the applicable percentage set forth in subsection 4 of the total value of the property that is the subject of the agreement is unenforceable except by the owner. An owner who has agreed to pay compensation that is more than the applicable percentage set forth in subsection 4 of the total value of the property that is the subject of the agreement, or the Administrator on behalf of the owner, may maintain an action to reduce the compensation to an amount that does not exceed the applicable percentage set forth in subsection 4 of the total value of the property. The court may award reasonable attorney’s fees to an owner who prevails in the action.
6. This section does not preclude an owner from asserting that an agreement covered by this section is invalid on grounds other than noncompliance with the provisions of this section.
(Added to NRS by 2007, 767; A 2021, 86)
Structure Nevada Revised Statutes
Chapter 120A - Unclaimed Property (Uniform Act)
NRS 120A.025 - "Administrator" defined.
NRS 120A.027 - "Apparent owner" defined.
NRS 120A.040 - "Business association" defined.
NRS 120A.051 - "Domicile" defined.
NRS 120A.070 - "Financial organization" defined.
NRS 120A.075 - "Game-related digital content" defined.
NRS 120A.080 - "Holder" defined.
NRS 120A.090 - "Insurance company" defined.
NRS 120A.096 - "Mineral" defined.
NRS 120A.097 - "Mineral proceeds" defined.
NRS 120A.098 - "Money order" defined.
NRS 120A.100 - "Owner" defined.
NRS 120A.105 - "Payroll card" defined.
NRS 120A.110 - "Person" defined.
NRS 120A.113 - "Property" defined.
NRS 120A.115 - "Record" defined.
NRS 120A.118 - "State" defined.
NRS 120A.119 - "Stored-value card" defined.
NRS 120A.120 - "Utility" defined.
NRS 120A.122 - "Virtual currency" defined.
NRS 120A.140 - Administration of chapter; regulations.
NRS 120A.145 - Information to remain confidential.
NRS 120A.500 - Presumption of abandonment.
NRS 120A.510 - Contents of safe-deposit box or other safekeeping depository.
NRS 120A.520 - Value remaining on gift certificate.
NRS 120A.525 - United States savings bonds.
NRS 120A.530 - Rules for taking custody.
NRS 120A.540 - Dormancy charge.
NRS 120A.550 - Burden of proof as to property evidenced by record of check or draft.
NRS 120A.560 - Report of abandoned property.
NRS 120A.570 - Payment or delivery of abandoned property.
NRS 120A.590 - Custody by State; recovery by holder; defense of holder.
NRS 120A.600 - Crediting of dividends and increments to account of owner.
NRS 120A.630 - Claim of another state to recover property.
NRS 120A.645 - Donation to State for educational purposes.
NRS 120A.650 - Action to establish claim.
NRS 120A.660 - Election to take payment or delivery.
NRS 120A.680 - Periods of limitation.
NRS 120A.690 - Requests for reports and examination of records.
NRS 120A.700 - Retention of records.
NRS 120A.715 - Intrastate agreements and cooperation.
NRS 120A.725 - Payment or delivery of property without claim.
NRS 120A.730 - Interest and penalties.
NRS 120A.733 - Fraudulent claims; penalty.
NRS 120A.737 - False statements; penalty.