Nevada Revised Statutes
Chapter 628B - Private Professional Guardians
NRS 628B.940 - Violation or potential violation of chapter: Order to cease and desist or refrain; injunctive action; appointment and duties of receiver of impounded property or business.


1. If 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, in addition to any action provided for in this chapter and chapter 233B of NRS and without prejudice thereto, enter an order requiring the person to cease and desist or to refrain from such violation. If the Commissioner enters such an order pursuant to this subsection, the Commissioner shall send a copy of the order to each district court in this State.
2. The Commissioner may bring an action to enjoin a person from engaging in or continuing a violation or from doing any act or acts in furtherance thereof. In any such action, irreparable harm and lack of an adequate remedy at law will be presumed and an order or judgment may be entered awarding a preliminary or final injunction as may be deemed proper. The findings of the Commissioner shall be deemed to be prima facie evidence and sufficient grounds, in the discretion of the court, for the issuance ex parte of a temporary restraining order.
3. In addition to all other means provided by law for the enforcement of a restraining order or injunction, the court in which an action is brought may impound, and appoint a receiver for, the property and business of the person, including books, papers, documents and records pertaining thereto, or so much thereof as a court may deem reasonably necessary to prevent violations of this chapter through or by means of the use of property and business, whether such books, papers, documents and records are in the possession of the person, a registered agent acting on behalf of the person or any other person. If a receiver is appointed and qualified, the receiver has such powers and duties relating to the custody, collection, administration, winding up and liquidation of such property and business as may be conferred upon the receiver by the court.
4. If a receiver is appointed pursuant to subsection 3, the receiver shall remit to the owners, members or shareholders of the private professional guardian company any amount of equity of the private professional guardian company remaining after the discharge of the liabilities and payment of the normal, prudent and reasonable expenses of the receivership.
(Added to NRS by 2015, 2360)

Structure Nevada Revised Statutes

Nevada Revised Statutes

Chapter 628B - Private Professional Guardians

NRS 628B.010 - Legislative findings and declarations.

NRS 628B.020 - Definitions.

NRS 628B.030 - "Business of a private professional guardian" defined.

NRS 628B.040 - "Commissioner" defined.

NRS 628B.050 - "Director" defined.

NRS 628B.060 - "Division" defined.

NRS 628B.070 - "Fiduciary" defined.

NRS 628B.075 - "Nationwide Multistate Licensing System and Registry" and "Registry" defined. [Effective on the date on which the Commissioner of Financial Institutions notifies the Governor and the Director of the Legislative Counsel Bureau that the...

NRS 628B.080 - "Private professional guardian" defined.

NRS 628B.090 - "Private professional guardian company" defined.

NRS 628B.100 - "Protected person" defined.

NRS 628B.110 - Applicability of chapter.

NRS 628B.200 - Administration and enforcement of chapter by Commissioner.

NRS 628B.210 - Regulations.

NRS 628B.220 - Maintenance by Commissioner of record of applications for licenses, bonds and issued and renewed licenses.

NRS 628B.230 - Confidentiality of application, personal or financial records and documents obtained pursuant to examination or in response to subpoena; disclosure.

NRS 628B.300 - Engaging in business without license unlawful.

NRS 628B.310 - Application for license: Requirements; fees; withdrawal; regulations. [Effective until the date on which the Commissioner of Financial Institutions notifies the Governor and the Director of the Legislative Counsel Bureau that the Natio...

NRS 628B.315 - Submission of fingerprints; fee; regulations.

NRS 628B.320 - Payment of child support: Submission of certain information by applicant; grounds for denial of license; duty of Commissioner. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establis...

NRS 628B.330 - Investigation of applicant; factors for consideration in Commissioner’s decision on application.

NRS 628B.340 - Approval of application.

NRS 628B.350 - Denial of application; opportunity to cure defect or deficiency; notice and hearing; final order for purposes of judicial review.

NRS 628B.360 - Issuance of license; contents of license.

NRS 628B.370 - Renewal of license: Application; fees; issuance; exception if revocation or suspension proceeding is pending; regulations. [Effective until the date on which the Commissioner of Financial Institutions notifies the Governor and the Dire...

NRS 628B.380 - License not transferable or assignable; authority to merge or consolidate with, or transfer assets and control to other licensee with approval of Commissioner; report of certain changes to Commissioner; approval of Commissioner; cost o...

NRS 628B.390 - Cancellation of license for discontinuance of business: Submission of evidence of release and discharge of obligations; entry of order; provision of copy of order to district courts.

NRS 628B.450 - Commissioner authorized to take action to participate; charges for use; regulations; provisions do not replace or affect authority of Commissioner regarding licensing. [Effective on the date on which the Commissioner of Financial Insti...

NRS 628B.460 - Submission and processing of fingerprints. [Effective on the date on which the Commissioner of Financial Institutions notifies the Governor and the Director of the Legislative Counsel Bureau that the Nationwide Multistate Licensing Sys...

NRS 628B.470 - Commissioner required to report certain information or material; confidentiality of information or material provided; Commissioner authorized to enter into certain agreements and arrangements. [Effective on the date on which the Commis...

NRS 628B.480 - Additional materials required to be submitted. [Effective on the date on which the Commissioner of Financial Institutions notifies the Governor and the Director of the Legislative Counsel Bureau that the Nationwide Multistate Licensing...

NRS 628B.490 - Licensee required to register and maintain unique identifier; Commissioner authorized to issue license through Registry; references to Commissioner deemed references to Registry. [Effective on the date on which the Commissioner of Fina...

NRS 628B.500 - Scope of authority.

NRS 628B.510 - Display of license.

NRS 628B.520 - Duty to maintain principal office in State; requirements.

NRS 628B.530 - Foreign branch offices of licensees and branch offices of foreign private professional guardian companies: Approval required; fees.

NRS 628B.540 - Bonds; insurance.

NRS 628B.550 - Fiduciary duty; prohibited transactions or interests; voidable transactions; additional remedies; appointment and review of guardianships; filing of reports with court.

NRS 628B.560 - Requirements for guardianship accounts for protected persons; recordkeeping requirements; examination of records and accounts by Commissioner; authority of Commissioner to require submission of audited financial statement and to issue...

NRS 628B.570 - Written report of examination of accounts and records: Preparation; contents.

NRS 628B.580 - Written report of examination of accounts and records: Distribution; notice of conditions to be corrected; service of copy to court.

NRS 628B.590 - Authority of Commissioner to require licensee to submit annual financial statement or audit; annual submission of ledger of stockholders or list of members and managers; fee for noncompliance; regulations. [Effective until the date on...

NRS 628B.600 - Authority of Commissioner to require immediate removal of officer, director, manager or employee; grounds; appeal; notice and hearing; entry of order; final order for purposes of judicial review.

NRS 628B.700 - Authorized actions of Commissioner; grounds.

NRS 628B.710 - Immediate suspension of license: Grounds; procedure; provision of copy of order to district courts.

NRS 628B.720 - Suspension of license for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of license. [Effective until 2 years after the date of the repeal of 42 U.S.C. § 666, the federal law requiring each sta...

NRS 628B.730 - Revocation or suspension of license: Notice and hearing; grounds; action by Commissioner after hearing; provision of copy of order to district courts.

NRS 628B.740 - Revocation of license for failure to open or maintain business; provision of copy of order to district courts.

NRS 628B.750 - Alleged violations by licensee: Complaint; investigation; provision of copy and notice of informal hearing to subject and Attorney General; verified answer; action by Commissioner after informal hearing.

NRS 628B.760 - Records of Commissioner: Certain records relating to complaint and investigation deemed confidential; certain records relating to disciplinary action deemed public records.

NRS 628B.900 - Knowing or willful neglect to perform required act or duty or failure to satisfy material lawful requirement made by Commissioner; penalty.

NRS 628B.910 - Administrative fines; limitation.

NRS 628B.920 - Use of term "private professional guardian" or "guardianship services" as part of business name or in advertising by unlicensed person prohibited.

NRS 628B.930 - Unlicensed activity: Complaint; investigation; order to cease and desist; administrative fine or written agreement to cease and desist; lawsuit to recover fine; cumulative penalty.

NRS 628B.940 - Violation or potential violation of chapter: Order to cease and desist or refrain; injunctive action; appointment and duties of receiver of impounded property or business.