1. Except as otherwise provided in subsection 2:
(a) Before the issuance of a permit to a seller, the seller shall post with the Commissioner and thereafter maintain in force a bond which complies with NRS 679B.175 and is in an amount determined by the Commissioner, which must be not less than $50,000, or a deposit of cash or negotiable securities or a combination of cash and negotiable securities. If a deposit is made in lieu of a bond, the deposit must at all times have a market value not less than the amount of the bond required by the Commissioner.
(b) The bond or deposit must be held for the benefit of buyers of prepaid contracts, and other persons as their interests may appear, who may be damaged by misuse or diversion of money by the seller or the agents of the seller, or to satisfy any judgments against the seller for failure to perform a prepaid contract. The aggregate liability of the surety for all breaches of the conditions of the bond must not exceed the sum of the bond.
(c) A replacement bond must meet all requirements of this subsection for the initial bond.
(d) The Commissioner shall release the deposit after the seller has ceased doing business as such and the Commissioner is satisfied of the nonexistence of any obligation or liability of the seller for which the deposit was held.
2. The Commissioner may waive the requirements of subsection 1 if the seller agrees:
(a) To offer for sale only prepaid contracts that are payable solely from the proceeds of a policy of life insurance; and
(b) Not to collect any money from the purchaser of a prepaid contract.
(Added to NRS by 1987, 1253; A 1993, 2617; 2007, 3325; 2017, 2357; 2021, 2973)
Structure Nevada Revised Statutes
Chapter 689 - Funeral and Burial Services
NRS 689.035 - "Agent" defined.
NRS 689.045 - "Buyer" defined.
NRS 689.065 - "Net purchase price" defined.
NRS 689.105 - "Purchase price" defined.
NRS 689.115 - "Sales commission" defined.
NRS 689.125 - "Seller" defined.
NRS 689.135 - "Trust fund" defined.
NRS 689.137 - "Trust liability" defined.
NRS 689.145 - "Trustee" defined.
NRS 689.155 - Unlawful acts; exception.
NRS 689.160 - Applicability of other provisions to agents and sellers.
NRS 689.175 - Certificate of authority: Application and supporting documents; fees.
NRS 689.195 - Certificate of authority: Issuance; denial.
NRS 689.205 - Certificate of authority: Expiration; renewal; fees for renewal.
NRS 689.215 - Certificate of authority: Revocation; suspension.
NRS 689.245 - Agent’s license: Issuance; denial.
NRS 689.265 - Agent’s license: Revocation; suspension.
NRS 689.275 - Prepaid contracts: Content; entire agreement; rescission.
NRS 689.285 - Prepaid contracts: Filing, approval and disapproval of forms; waiting period.
NRS 689.295 - Prepaid contracts: Credit life insurance.
NRS 689.305 - Prepaid contracts: Maximum sales commission.
NRS 689.315 - Prepaid contracts: Maintenance and administration of trust fund; exception.
NRS 689.375 - Records of seller; examination by Commissioner.
NRS 689.455 - "Burial merchandise" defined.
NRS 689.460 - "Burial services" defined.
NRS 689.465 - "Cemetery authority" defined.
NRS 689.470 - "Performer" defined.
NRS 689.475 - "Prepaid contract" defined.
NRS 689.480 - Unlawful acts; exception.
NRS 689.490 - Permit: Application and supporting documents; fees.
NRS 689.495 - Permit: Surety bond or deposit required; replacement bond; release of deposit; waiver.
NRS 689.500 - Permit: Issuance; denial.
NRS 689.505 - Permit: Period of validity; renewal; fees for renewal; expiration.
NRS 689.510 - Permit: Revocation; suspension.
NRS 689.525 - Agent’s license: Issuance; denial.
NRS 689.535 - Agent’s license: Revocation; suspension.
NRS 689.540 - Prepaid contracts: Content; entire agreement; rescission.
NRS 689.545 - Prepaid contracts: Filing and approval and disapproval of forms; waiting period.
NRS 689.550 - Prepaid contracts: Credit life insurance.
NRS 689.555 - Prepaid contracts: Maximum sales commission.
NRS 689.560 - Prepaid contracts: Maintenance and administration of trust fund; exception.
NRS 689.570 - Prepaid contracts: Distributions from corpus of trust fund.
NRS 689.585 - Records of seller; examination by Commissioner.
NRS 689.595 - Applicability of other provisions to agents and sellers.
NRS 689.700 - Money in trust fund exempt from attachment and other process in absence of fraud.