1. The Commissioner may institute disciplinary action or forthwith initiate proceedings to take possession of the business and property of any retail trust company when it appears that the retail trust company:
(a) Has violated its charter or any state or federal laws applicable to the business of a trust company.
(b) Is conducting its business in an unauthorized or unsafe manner.
(c) Is in an unsafe or unsound condition to transact its business.
(d) Has an impairment of its stockholders’ equity.
(e) Has refused to pay or transfer account assets to its account holders as required by the terms of the accounts’ governing instruments.
(f) Has become insolvent.
(g) Has neglected or refused to comply with the terms of a lawful order of the Commissioner.
(h) Has refused, upon proper demand, to submit its records, affairs and concerns for inspection and examination of an appointed or authorized examiner of the Commissioner.
(i) Has made a voluntary assignment of its assets to receivers, conservators, trustees or creditors without complying with NRS 669.230.
(j) Has failed to pay a tax as required pursuant to the provisions of chapter 363A or 363C of NRS.
(k) Has materially and willfully breached its fiduciary duties to its customers.
(l) Has failed to properly disclose all fees, interest and other charges to its customers.
(m) Has willfully engaged in material conflicts of interest regarding a customer’s account.
(n) Has made intentional material misrepresentations regarding any aspect of the services performed or proposed to be performed by the retail trust company.
2. The Commissioner also may forthwith initiate proceedings to take possession of the business and property of any trust company when it appears that the officers of the trust company have refused to be examined upon oath regarding its affairs.
(Added to NRS by 2009, 1954; A 2015, 2946)
Structure Nevada Revised Statutes
NRS 669.010 - Declaration of legislative intent.
NRS 669.029 - "Business of a trust company" and "trust company business" defined.
NRS 669.040 - "Court trust" defined.
NRS 669.042 - "Family trust company" defined.
NRS 669.045 - "Fiduciary" defined.
NRS 669.047 - "Grandfathered trust company" defined.
NRS 669.049 - "Noncustodial trust company" defined.
NRS 669.050 - "Private trust" defined.
NRS 669.065 - "Retail trust company" defined.
NRS 669.070 - "Trust company" defined.
NRS 669.080 - Applicability of chapter.
NRS 669.083 - Retail trust company required to maintain principal office in Nevada.
NRS 669.085 - Pre-opening examination by Commissioner; other requirements.
NRS 669.090 - Unlawful to engage in business of trust company without license; exception.
NRS 669.095 - Unlawful to use or advertise word "trust" as part of name; exceptions.
NRS 669.100 - Minimum stockholders’ equity required for organization and operation.
NRS 669.115 - Retail trust company required to have quarterly meetings.
NRS 669.116 - Requirements concerning management or control of certain trust companies.
NRS 669.117 - Directors and managers: Qualifications.
NRS 669.150 - Application for license: Contents; fees; regulations; withdrawal of application.
NRS 669.190 - Payment of license fees; regulations; deposit in State Treasury.
NRS 669.2015 - "Federal banking regulator" defined.
NRS 669.202 - "Foreign independent trust company" defined.
NRS 669.203 - "Foreign trust company" defined.
NRS 669.204 - "Home state" defined.
NRS 669.210 - Powers of retail trust companies; banking business prohibited.
NRS 669.220 - Investments: General requirements.
NRS 669.230 - Discontinuing business.
NRS 669.240 - Fidelity bonds; insurance.
NRS 669.245 - Commissioner authorized to be signatory.
NRS 669.250 - Fees for examination; frequency of examination.
NRS 669.260 - Applicability of other provisions of certain chapters.
NRS 669.270 - Regulations of Commissioner.
NRS 669.283 - Authority of Commissioner to investigate.
NRS 669.2845 - Revocation of license; notice and hearing required.
NRS 669.285 - Confidentiality of records and documents.
NRS 669.286 - Failure to submit required report; fees; regulations.
NRS 669.295 - Administrative fines.
NRS 669.300 - Violation of chapter constitutes gross misdemeanor unless otherwise specified.