1. Except as otherwise provided in subsections 3 and 4, the Commissioner shall issue a certificate of registration as a provider to a person that complies with NRS 676A.310 and 676A.320.
2. If an applicant has otherwise complied with NRS 676A.310 and 676A.320, including a timely effort to obtain the information required by subsection 14 of NRS 676A.320, but the information has not been received, the Commissioner may issue a temporary certificate of registration. The temporary certificate expires not later than 180 days after issuance.
3. The Commissioner may deny registration if:
(a) The application contains information that is materially erroneous or incomplete;
(b) An officer, director or owner of the applicant has been convicted of a crime, or suffered a civil judgment, involving dishonesty or the violation of state or federal securities laws;
(c) The applicant or any of its officers, directors or owners have defaulted in the payment of money collected for others; or
(d) The Commissioner finds that the financial responsibility, experience, character or general fitness of the applicant or its owners, directors, employees or agents does not warrant belief that the business will be operated in compliance with this chapter.
4. The Commissioner shall deny registration if, with respect to an applicant that is organized as a nonprofit entity or has obtained tax-exempt status under the Internal Revenue Code, 26 U.S.C. § 501, the applicant’s board of directors is not independent of the applicant’s employees and agents.
5. Subject to adjustment of the dollar amount pursuant to subsection 6 of NRS 676A.730, a board of directors is not independent for purposes of subsection 4 if more than one-fourth of its members:
(a) Are affiliates of the applicant, as defined in subsection 1 of NRS 676A.030 or paragraph (a), (b), (d), (e), (f) or (g) of subsection 2 of NRS 676A.030; or
(b) After the date 10 years before first becoming a director of the applicant, were employed by or directors of a person that received from the applicant more than $25,000 in either the current year or the preceding year.
(Added to NRS by 2009, 1976)
1. Except as otherwise provided in subsections 3 and 4, the Commissioner shall issue a certificate of registration as a provider to a person that complies with NRS 676A.310 and 676A.320.
2. If an applicant has otherwise complied with NRS 676A.310 and 676A.320 and has made a timely effort to submit a complete set of fingerprints of each applicable person specified in NRS 676A.440, but the fingerprints have not been received, the Commissioner may issue a temporary certificate of registration. The temporary certificate expires not later than 180 days after issuance.
3. The Commissioner may deny registration if:
(a) The application contains information that is materially erroneous or incomplete;
(b) An officer, director or owner of the applicant has been convicted of a crime, or suffered a civil judgment, involving dishonesty or the violation of state or federal securities laws;
(c) The applicant or any of its officers, directors or owners have defaulted in the payment of money collected for others; or
(d) The Commissioner finds that the financial responsibility, experience, character or general fitness of the applicant or its owners, directors, employees or agents does not warrant belief that the business will be operated in compliance with this chapter.
4. The Commissioner shall deny registration if, with respect to an applicant that is organized as a nonprofit entity or has obtained tax-exempt status under the Internal Revenue Code, 26 U.S.C. § 501, the applicant’s board of directors is not independent of the applicant’s employees and agents.
5. Subject to adjustment of the dollar amount pursuant to subsection 6 of NRS 676A.730, a board of directors is not independent for purposes of subsection 4 if more than one-fourth of its members:
(a) Are affiliates of the applicant, as defined in subsection 1 of NRS 676A.030 or paragraph (a), (b), (d), (e), (f) or (g) of subsection 2 of NRS 676A.030; or
(b) After the date 10 years before first becoming a director of the applicant, were employed by or directors of a person that received from the applicant more than $25,000 in either the current year or the preceding year.
(Added to NRS by 2009, 1976; A 2021, 2043, 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 System and Registry has sufficient capabilities to allow the Commissioner to carry out the provisions of chapter 347, Statutes of Nevada 2021, at page 2030)
Structure Nevada Revised Statutes
Chapter 676A - Uniform Debt-Management Services Act
NRS 676A.030 - "Affiliate" defined.
NRS 676A.040 - "Agreement" defined.
NRS 676A.050 - "Bank" defined.
NRS 676A.060 - "Business address" defined.
NRS 676A.070 - "Certified counselor" defined.
NRS 676A.080 - "Certified debt specialist" defined.
NRS 676A.090 - "Commissioner" defined.
NRS 676A.100 - "Concessions" defined.
NRS 676A.110 - "Credit counseling" defined.
NRS 676A.130 - "Debt-management plan" defined.
NRS 676A.140 - "Debt-management services" defined.
NRS 676A.150 - "Debt settlement services" defined.
NRS 676A.160 - "Entity" defined.
NRS 676A.170 - "Good faith" defined.
NRS 676A.180 - "Person" defined.
NRS 676A.190 - "Plan" defined.
NRS 676A.200 - "Principal amount of the debt" defined.
NRS 676A.210 - "Provider" defined.
NRS 676A.220 - "Record" defined.
NRS 676A.230 - "Settlement fee" defined.
NRS 676A.240 - "Sign" defined.
NRS 676A.250 - "State" defined.
NRS 676A.260 - "Trust account" defined.
NRS 676A.280 - Uniformity of application and construction.
NRS 676A.290 - Relation to Electronic Signatures in Global and National Commerce Act.
NRS 676A.300 - Registration required.
NRS 676A.310 - Application for registration: Form; contents; fee; bond; evidence of insurance.
NRS 676A.330 - Duty to report changes in information.
NRS 676A.390 - Surety bond required.
NRS 676A.400 - Substitute for surety bond.
NRS 676A.500 - Provider to act in good faith; fiduciary duty.
NRS 676A.510 - Provider to maintain toll-free communication system.
NRS 676A.520 - Duties of provider before providing debt-management services.
NRS 676A.550 - Cancellation of agreement.
NRS 676A.580 - Fees or charges: Restrictions.
NRS 676A.590 - Voluntary contributions: Restrictions.
NRS 676A.600 - Required disclosures by provider.
NRS 676A.610 - Agreement voidable by individual in certain circumstances.
NRS 676A.620 - Provider may terminate agreement for nonpayment.
NRS 676A.630 - Provider to provide accounting periodically and upon request; retention of records.
NRS 676A.700 - Prohibited acts.
NRS 676A.710 - Provider to notify Commissioner of civil actions.
NRS 676A.720 - Provider liable for conduct of person to whom it delegates duties.
NRS 676A.740 - Commissioner to enforce chapter; penalties.
NRS 676A.750 - Suspension, revocation or denial of renewal of registration by Commissioner.
NRS 676A.760 - Civil remedies.
NRS 676A.770 - Violation constitutes deceptive trade practice.