1. The following persons are exempt from licensing under NRS 90.330:
(a) An investment adviser who is registered or is not required to be registered as an investment adviser under the Investment Advisers Act of 1940 if:
(1) Its only clients in this State are other investment advisers, broker-dealers or financial or institutional investors;
(2) The investment adviser has no place of business in this State and directs business communications in this State to a person who is an existing client of the investment adviser and whose principal place of residence is not in this State; or
(3) The investment adviser has no place of business in this State and during any 12 consecutive months it does not direct business communications in this State to more than five present or prospective clients other than those specified in subparagraph (1), whether or not the person or client to whom the communication is directed is present in this State;
(b) A representative of an investment adviser who is employed by an investment adviser who is exempt from licensing pursuant to paragraph (a);
(c) A sales representative licensed pursuant to NRS 90.310 who:
(1) Has passed the following examinations administered by the Financial Industry Regulatory Authority:
(I) The Uniform Investment Adviser Law Examination, designated as the Series 65 examination; or
(II) The Uniform Combined State Law Examination designated as the Series 66 examination and the General Securities Registered Representative Examination, designated as the Series 7 examination; or
(2) On January 1, 1996, has been continuously licensed in this State as a sales representative for 5 years or more; and
(d) Other investment advisers and representatives of investment advisers the Administrator by regulation or order exempts.
2. The Administrator may, by order or rule, waive the examinations required by subparagraph (1) of paragraph (c) of subsection 1 for an applicant or a class of applicants if the Administrator determines that the examination is not necessary for the protection of investors because of the training and experience of the applicant or class of applicants.
(Added to NRS by 1987, 2155; A 1989, 160; 1995, 1443; 2009, 2556)
1. The following persons are exempt from licensing under NRS 90.330:
(a) Except as otherwise provided in subsection 2, an investment adviser who is registered or is not required to be registered as an investment adviser under the Investment Advisers Act of 1940 if:
(1) Its only clients in this State are other investment advisers, broker-dealers or financial or institutional investors;
(2) The investment adviser has no place of business in this State and directs business communications in this State to a person who is an existing client of the investment adviser and whose principal place of residence is not in this State; or
(3) The investment adviser has no place of business in this State and during any 12 consecutive months it does not direct business communications in this State to more than five present or prospective clients other than those specified in subparagraph (1), whether or not the person or client to whom the communication is directed is present in this State;
(b) A representative of an investment adviser who is employed by an investment adviser who is exempt from licensing pursuant to paragraph (a) or NRS 90.345;
(c) A sales representative licensed pursuant to NRS 90.310 who:
(1) Has passed the following examinations administered by the Financial Industry Regulatory Authority:
(I) The Uniform Investment Adviser Law Examination, designated as the Series 65 examination; or
(II) The Uniform Combined State Law Examination designated as the Series 66 examination and the General Securities Registered Representative Examination, designated as the Series 7 examination; or
(2) On January 1, 1996, has been continuously licensed in this State as a sales representative for 5 years or more; and
(d) Other investment advisers and representatives of investment advisers the Administrator by regulation or order exempts.
2. Regardless of whether an investment adviser qualifies for an exemption pursuant to paragraph (a) of subsection 1, if the investment adviser advises one or more qualifying private funds, the investment adviser must additionally satisfy all of the requirements set forth in NRS 90.345 in order to qualify for an exemption from licensing under NRS 90.330.
3. The Administrator may, by order or rule, waive the examinations required by subparagraph (1) of paragraph (c) of subsection 1 for an applicant or a class of applicants if the Administrator determines that the examination is not necessary for the protection of investors because of the training and experience of the applicant or class of applicants.
(Added to NRS by 1987, 2155; A 1989, 160; 1995, 1443; 2009, 2556; 2021, 246, effective July 1, 2022)
Structure Nevada Revised Statutes
Chapter 90 - Securities (Uniform Act)
NRS 90.215 - "Administrator" defined.
NRS 90.220 - "Broker-dealer" defined.
NRS 90.223 - "Commission" defined.
NRS 90.225 - "Depository institution" defined.
NRS 90.230 - "Division" defined.
NRS 90.235 - "Filing" and "file" defined.
NRS 90.240 - "Financial or institutional investor" defined.
NRS 90.245 - "Fraud," "deceit" and "defraud" defined.
NRS 90.250 - "Investment adviser" defined.
NRS 90.253 - "Investment Adviser Registration Depository" defined. [Effective July 1, 2022.]
NRS 90.255 - "Issuer" defined.
NRS 90.260 - "Nonissuer transaction" defined.
NRS 90.265 - "Person" defined.
NRS 90.270 - "Price amendment" defined.
NRS 90.275 - "Promoter" defined.
NRS 90.276 - "Provider of viatical settlements" defined.
NRS 90.2775 - "Qualifying private fund" defined. [Effective July 1, 2022.]
NRS 90.278 - "Representative of an investment adviser" defined.
NRS 90.280 - "Sale" and "sell" defined.
NRS 90.285 - "Sales representative" defined.
NRS 90.292 - "Securities exchange" defined.
NRS 90.295 - "Security" defined.
NRS 90.300 - "Self-regulatory organization" defined.
NRS 90.307 - "Transfer agent" defined.
NRS 90.308 - "Viatical settlement investment" defined.
NRS 90.309 - "Viator" defined.
NRS 90.310 - Licensing of broker-dealers, sales representatives and transfer agents.
NRS 90.320 - Exempt broker-dealers and sales representatives.
NRS 90.330 - Licensing of investment advisers and representatives of investment advisers.
NRS 90.370 - Examinations: Requirement for licensure; administration; waiver.
NRS 90.390 - Requirements after licensing.
NRS 90.400 - Licensing of successor firms.
NRS 90.410 - Power of inspection.
NRS 90.415 - Fee for inspection of records.
NRS 90.420 - Grounds for denial, suspension, revocation, fine or condition.
NRS 90.430 - Denial, suspension, revocation, fine or condition on grounds of lack of qualification.
NRS 90.450 - Custody of client’s securities and money.
NRS 90.454 - Limitations on trading of security.
NRS 90.456 - Fee for transactions.
NRS 90.457 - Use of unregistered exchange by broker-dealer or representative prohibited.
NRS 90.460 - Registration requirement.
NRS 90.465 - Expeditious processing of notice of claim of exemption from registration requirement.
NRS 90.470 - Registration by filing.
NRS 90.480 - Registration by coordination.
NRS 90.490 - Registration by qualification.
NRS 90.500 - Provisions applicable to registration generally.
NRS 90.510 - Denial, suspension or revocation of registration.
NRS 90.520 - Exempt securities; filing and fee required for exemption.
NRS 90.530 - Exempt transactions.
NRS 90.540 - Additional exemptions; fee.
NRS 90.550 - Revocation of exemptions.
NRS 90.565 - Filing of notice before initial offering of securities.
NRS 90.567 - Filing of notice after first sale of securities.
NRS 90.570 - Offer, sale and purchase.
NRS 90.580 - Manipulation of market.
NRS 90.600 - Misleading filings.
NRS 90.610 - Unlawful representation concerning licensing, registration or exemption.
NRS 90.6115 - "Designated reporter" defined.
NRS 90.612 - "Exploitation" defined.
NRS 90.6125 - "Older person" defined.
NRS 90.613 - "Reasonable cause to believe" defined.
NRS 90.6135 - "Vulnerable person" defined.
NRS 90.6145 - Designated reporter: Designation; duty to report; immunity.
NRS 90.615 - Authority of Attorney General and district attorney.
NRS 90.620 - Investigations and subpoenas.
NRS 90.640 - Power of court to grant relief.
NRS 90.650 - Criminal penalties.
NRS 90.670 - Statute of limitations.
NRS 90.680 - Offer of rescission and settlement.
NRS 90.700 - Liability: General provisions.
NRS 90.710 - Administration of chapter.
NRS 90.715 - Strict interpretation of provisions; waiver of enforcement; no-action letter; fee.
NRS 90.720 - Prohibitions on use of information.
NRS 90.730 - Public information and confidentiality.
NRS 90.740 - Cooperation with other agencies.
NRS 90.760 - Good faith reliance.
NRS 90.770 - Consent to service of process.
NRS 90.780 - Administrative files and records.
NRS 90.785 - Biennial report of Administrator. [Effective July 1, 2022.]
NRS 90.790 - Administrative proceedings.
NRS 90.800 - Summary order of Administrator; notice and opportunity for hearing; final order.
NRS 90.820 - Emergency administrative proceedings.
NRS 90.830 - Scope of chapter.
NRS 90.840 - Contract provisions.
NRS 90.845 - Payment of fees by electronic transfer.
NRS 90.847 - Electronic delivery of records and applications.
NRS 90.860 - Short title; uniformity of application and construction.