1. Relief may not be obtained under subsection 1 of NRS 90.660 if, before suit is commenced, the purchaser:
(a) Receives a written offer:
(1) Stating the respect in which liability under NRS 90.660 may have arisen and fairly advising the purchaser of the purchaser’s rights of rescission;
(2) If the basis for relief under subsection 1 of NRS 90.660 is a violation of subsection 2 of NRS 90.570, including financial and other information necessary to correct all material misstatements or omissions in the information which was required by this chapter to be furnished to the purchaser as of the time of the sale of the security to the purchaser;
(3) Offering to repurchase the security for cash, payable on delivery of the security, equal to the consideration paid, plus interest at the legal rate of this State from the date of payment, less income received thereon, or, if the purchaser no longer owns the security, offering to pay the purchaser upon acceptance of the offer an amount in cash equal to the damages computed under subsection 1 of NRS 90.660 plus attorney’s fees; and
(4) Stating that the offer may be accepted by the purchaser at any time within a specified period of not less than 30 days after the date of its receipt by the purchaser or such shorter or longer time as the Administrator by order prescribes; and
(b) Fails to accept the offer in writing within the period specified under subparagraph (4) of paragraph (a).
2. The Administrator by regulation may prescribe the form in which the information specified in subsection 1 must be contained in an offer made under subsection 1.
3. An offer under subsection 1 must be delivered to the offeree or sent in a manner which assures actual receipt by the offeree.
4. If, after acceptance, a rescission offer is not performed in accordance with either its terms or this section, the offeree may obtain relief under NRS 90.660 without regard to this section.
(Added to NRS by 1987, 2183; A 1989, 160)
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.