1. As used in this section:
(a) "Guaranteed" means guaranteed as to payment of all or substantially all of principal and interest or dividends.
(b) "Insured" means insured as to payment of all or substantially all of principal and interest or dividends.
2. Except as otherwise provided in subsections 4 and 5, the following securities are exempt from NRS 90.460 and 90.560:
(a) A security, including a revenue obligation, issued, insured or guaranteed by the United States, an agency or corporate or other instrumentality of the United States, an international agency or corporate or other instrumentality of which the United States and one or more foreign governments are members, a state, a political subdivision of a state, or an agency or corporate or other instrumentality of one or more states or their political subdivisions, or a certificate of deposit for any of the foregoing, but this exemption does not include a security payable solely from revenues to be received from an enterprise unless the:
(1) Payments are insured or guaranteed by the United States, an agency or corporate or other instrumentality of the United States, an international agency or corporate or other instrumentality of which the United States and one or more foreign governments are members, a state, a political subdivision of a state, or an agency or corporate or other instrumentality of one or more states or their political subdivisions, or by a person whose securities are exempt from registration pursuant to paragraphs (b) to (e), inclusive, or (g), or the revenues from which the payments are to be made are a direct obligation of such a person;
(2) Security is issued by this State or an agency, instrumentality or political subdivision of this State; or
(3) Payments are insured or guaranteed by a person who, within the 12 months next preceding the date on which the securities are issued, has received a rating within one of the top four rating categories of either Moody’s Investors Service, Inc., or Standard and Poor’s Ratings Services.
(b) A security issued, insured or guaranteed by Canada, a Canadian province or territory, a political subdivision of Canada or of a Canadian province or territory, an agency or corporate or other instrumentality of one or more of the foregoing, or any other foreign government or governmental combination or entity with which the United States maintains diplomatic relations, if the security is recognized as a valid obligation by the issuer, insurer or guarantor.
(c) A security issued by and representing an interest in or a direct obligation of a depository institution if the deposit or share accounts of the depository institution are insured by the Federal Deposit Insurance Corporation, the National Credit Union Share Insurance Fund or a successor to an applicable agency authorized by federal law.
(d) A security issued by and representing an interest in or a direct obligation of, or insured or guaranteed by, an insurance company organized under the laws of any state and authorized to do business in this State.
(e) A security issued or guaranteed by a railroad, other common carrier, public utility or holding company that is:
(1) Subject to the jurisdiction of the Surface Transportation Board;
(2) A registered holding company under the Public Utility Holding Company Act of 1935 or a subsidiary of a registered holding company within the meaning of that act;
(3) Regulated in respect to its rates and charges by a governmental authority of the United States or a state; or
(4) Regulated in respect to the issuance or guarantee of the security by a governmental authority of the United States, a state, Canada, or a Canadian province or territory.
(f) Equipment trust certificates in respect to equipment leased or conditionally sold to a person, if securities issued by the person would be exempt pursuant to this section.
(g) A security listed or approved for listing upon notice of issuance on the New York Stock Exchange, NYSE MKT, the Chicago Stock Exchange, NYSE ARCA or other exchange designated by the Administrator, any other security of the same issuer which is of senior or substantially equal rank, a security called for by subscription right or warrant so listed or approved, or a warrant or right to purchase or subscribe to any of the foregoing.
(h) A security listed or approved for listing upon notice of issuance on the National Market System of the NASDAQ Stock Market, any other security of the same issuer which is of senior or substantially equal rank, a security called for by subscription right or warrant so designated, or a warrant or a right to purchase or subscribe to any of the foregoing.
(i) An option issued by a clearing agency registered under the Securities Exchange Act of 1934, other than an off-exchange futures contract or substantially similar arrangement, if the security, currency, commodity or other interest underlying the option is:
(1) Registered under NRS 90.470, 90.480 or 90.490;
(2) Exempt pursuant to this section; or
(3) Not otherwise required to be registered under this chapter.
(j) A security issued by a person organized and operated not for private profit but exclusively for a religious, educational, benevolent, charitable, fraternal, social, athletic or reformatory purpose, or as a chamber of commerce, or trade or professional association if at least 10 days before the sale of the security the issuer has filed with the Administrator a notice setting forth the material terms of the proposed sale and copies of any sales and advertising literature to be used and the Administrator by order does not disallow the exemption within the next 5 full business days.
(k) A promissory note, draft, bill of exchange or banker’s acceptance that evidences an obligation to pay cash within 9 months after the date of issuance, exclusive of days of grace, is issued in denominations of at least $50,000 and receives a rating in one of the three highest rating categories from a nationally recognized statistical rating organization, or a renewal of such an obligation that is likewise limited, or a guarantee of such an obligation or of a renewal.
(l) A security issued in connection with an employees’ stock purchase, savings, option, profit-sharing, pension or similar employees’ benefit plan.
(m) A membership or equity interest in, or a retention certificate or like security given in lieu of a cash patronage dividend issued by, a cooperative organized and operated as a nonprofit membership cooperative under the cooperative laws of any state if not traded to the general public.
(n) A security issued by an issuer registered as an open-end management investment company or unit investment trust under section 8 of the Investment Company Act of 1940 if:
(1) The issuer is advised by an investment adviser that is a depository institution exempt from registration under the Investment Advisers Act of 1940 or that is currently registered as an investment adviser, and has been registered, or is affiliated with an adviser that has been registered, as an investment adviser under the Investment Advisers Act of 1940 for at least 3 years next preceding an offer or sale of a security claimed to be exempt pursuant to this paragraph, and the issuer has acted, or is affiliated with an investment adviser that has acted, as investment adviser to one or more registered investment companies or unit investment trusts for at least 3 years next preceding an offer or sale of a security claimed to be exempt under this paragraph; or
(2) The issuer has a sponsor that has at all times throughout the 3 years before an offer or sale of a security claimed to be exempt pursuant to this paragraph sponsored one or more registered investment companies or unit investment trusts the aggregate total assets of which have exceeded $100,000,000.
3. For the purpose of paragraph (n) of subsection 2, an investment adviser is affiliated with another investment adviser if it controls, is controlled by, or is under common control with the other investment adviser.
4. The exemption provided by paragraph (n) of subsection 2 is available only if the person claiming the exemption files with the Administrator a notice of intention to sell which sets forth the name and address of the issuer and the securities to be offered in this State and pays a fee:
(a) Of $500 for the initial claim of exemption and the same amount at the beginning of each fiscal year thereafter in which securities are to be offered in this State, in the case of an open-end management company; or
(b) Of $300 for the initial claim of exemption in the case of a unit investment trust.
5. An exemption provided by paragraph (c), (e), (f), (i) or (k) of subsection 2 is available only if, within the 12 months immediately preceding the use of the exemption, a notice of claim of exemption has been filed with the Administrator and a nonrefundable fee of $300 has been paid.
(Added to NRS by 1987, 2171; A 1989, 152; 1991, 189, 600; 1993, 2767; 1997, 500, 1593; 2003, 20th Special Session, 118; 2009, 2558; 2013, 173)
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.