1. Each licensee shall deposit the gross proceeds received by him or her from the sale of livestock handled on a commission or agency basis in a separate account established and maintained by the licensee in the bank or credit union at which the licensee’s line of credit, as required by paragraph (g) of subsection 2 of NRS 573.020, is established. The separate account must be designated a "custodial account for consignors’ proceeds."
2. The custodial account for consignors’ proceeds may be drawn on only:
(a) For the payment of net proceeds to the consignor, or any other person or persons of whom the licensee has knowledge who is entitled to those proceeds;
(b) To obtain the sums due the licensee as compensation for his or her services; and
(c) For such sums as are necessary to pay all legal charges against the consignment of livestock which the licensee in his or her capacity as agent is required to pay for and on behalf of the consignor.
3. The licensee shall:
(a) In each case keep such accounts and records that will at all times disclose the names of the consignors and the amount due to each from the money in the custodial account for consignors’ proceeds.
(b) Maintain the custodial account for consignors’ proceeds in a manner that will expedite examination by the Director and indicate compliance with the requirements of this section.
(c) On or before January 15 of each year, submit to the Director an annual audit of the licensee’s custodial account for consignors’ proceeds for the immediately preceding year, which must be performed by a certified public accountant. The certified public accountant:
(1) Must hold a permit issued pursuant to NRS 628.380; and
(2) May be provided by the Packers and Stockyards Division of the United States Department of Agriculture if he or she meets the requirements of subparagraph (1).
(Added to NRS by 1965, 382; A 1993, 1753; 1999, 1514, 3693; 2001, 91; 2019, 1385)
Structure Nevada Revised Statutes
Chapter 573 - Public Sales of Livestock
NRS 573.015 - Declaration of policy.
NRS 573.025 - Limited license to conduct annual sale of livestock.
NRS 573.030 - Bond required for issuance of license or limited license; deposit in lieu of bond.
NRS 573.033 - Details and amount of bond; liability of surety.
NRS 573.040 - Fee for license or limited license.
NRS 573.050 - Issuance of license.
NRS 573.060 - Separate license required for each establishment or premises.
NRS 573.070 - Form of license.
NRS 573.080 - Renewal of license.
NRS 573.090 - Display of license.
NRS 573.100 - Denial, suspension or revocation of license; notice and hearing.
NRS 573.103 - Audits of accounts; filing copies of audits.
NRS 573.104 - Custodial accounts for consignors’ proceeds; annual audits.
NRS 573.106 - Payment of net proceeds of sales to consignors.
NRS 573.107 - Actions by consignor creditor or Director on bond.
NRS 573.110 - Records to be maintained by licensee: Contents; location; inspection; retention.
NRS 573.125 - Issuance of receipts to purchasers.
NRS 573.140 - Cleaning and maintenance of premises; facilities for feed and water.
NRS 573.150 - Inspection and testing of scales.
NRS 573.160 - Inspection of premises and records by Department.
NRS 573.165 - Approved space and facilities to be provided for brand inspection.
NRS 573.170 - Change of sale days: Procedure; special sales.
NRS 573.175 - Security agreements not impaired.
NRS 573.180 - Exemption from provisions of chapter for nonprofit organizations and associations.
NRS 573.183 - Cease and desist orders.