reglab/statecodes huggingface dataset:
2023 Nevada Revised Statutes › Chapter 119B - Memberships in Campgrounds › NRS 119B.260 - Approval of advertisement or offering.

1. A membership must not be advertised or offered for sale within this state until the advertisement is approved by the Administrator.
2. Each application for the approval of advertising must:
(a) Include the form and content of advertising to be used;
(b) Include the nature of the offer of gifts or other free benefits to be extended; and
(c) Be accompanied by a filing fee of not more than $200, to be established by the Administrator.
3. The Administrator shall render a decision upon an application for the approval of advertising or an offer for sale within 30 days after the date the application is filed.
(Added to NRS by 1985, 1668; A 1993, 2297)
2023 Nevada Revised Statutes › Chapter 119B - Memberships in Campgrounds › NRS 119B.270 - Prospective member to be provided with certain information concerning developer and campground.

A developer shall disclose the following information to a prospective member before the prospective member signs a contract of membership or gives any money or thing of value for the purchase of a membership. The disclosures must be delivered with the contract at the time the contract is signed. The information must be brought up to date annually or whenever there is a material change and must be presented in a format approved by the Administrator which clearly communicates all of the following:
1. The name and address of the developer and any affiliate of the developer.
2. A brief description of the developer’s experience in operating a campground, including the number of years the developer has been in that business.
3. A brief description of the nature and duration of the member’s right or license to use the developer’s campground, both within the state and at any other locations owned or controlled by the developer.
4. The location of each of the developer’s campgrounds and a brief description for each significant facility at each campground then available for use by a member and those which are represented as being planned, together with a brief description of any significant facilities at a campground that are or will be available to a nonmember. As used in this subsection "significant facility" includes camping sites, swimming pools, athletic courts, recreational buildings, restrooms and showers, laundry rooms and trading posts or grocery stores.
5. A brief description of the developer’s ownership of or other right to use the campground or its facilities represented to be available for use by a member, together with the duration of any lease, license, franchise or reciprocal agreement entitling the developer to use the campground or the facilities, and any material provisions of any agreement which restricts a member’s use of the campground or its facilities.
6. A copy of the rules, restrictions or covenants regulating the member’s use of the developer’s campground or its facilities, including a statement of whether and how the rules, restrictions or covenants may be changed.
7. A description of any restraints on the transfer of the membership.
8. A copy of the policy relating to the availability of the camping.
9. A statement of any grounds for the forfeiture of a membership and the procedures and rights to which the member is entitled.
10. A copy of the contract of membership signed by the member.
11. A statement of the prospective member’s right to cancel the contract of membership as provided in NRS 119B.280.
12. A statement of the terms and conditions of any program for the exchange of the right to use the facilities of another campground represented to be available to the member, including whether the member’s participation in the program is dependent upon the continued affiliation of the developer with that campground and whether the developer or another person reserves the right to terminate that affiliation.
(Added to NRS by 1985, 1662)
2023 Nevada Revised Statutes › Chapter 119B - Memberships in Campgrounds › NRS 119B.280 - Right to cancel contract of sale.

A contract of membership may be cancelled at the option of the member if the member sends notice of the cancellation by certified mail, return receipt requested, to the developer, posted not later than midnight of the 5th calendar day following the day on which the contract was signed. This right must be set forth in the contract of membership in close proximity to the member’s signature line. Within 20 days after the developer receives a notice of cancellation, the contract of membership, the membership card and other evidence of the membership, the developer shall refund to the former member any money paid as a deposit, down payment or other consideration.
(Added to NRS by 1985, 1667)
2023 Nevada Revised Statutes › Chapter 119B - Memberships in Campgrounds › NRS 119B.285 - Action by purchaser or Administrator for misrepresentation or other violation.

1. Where any part of the statement of record contained an untrue statement of a material fact or omitted to state a material fact required to be stated therein, the Administrator or any person acquiring a membership from the developer or his or her agent during the period the public offering statement remained uncorrected (unless it is proved that at the time of the acquisition the Administrator or purchaser knew of the untruth or omission) may sue the developer in any court of competent jurisdiction.
2. Any developer or agent who sells a membership:
(a) In violation of this chapter; or
(b) By means of a public offering statement which contained an untrue statement of a material fact required to be stated therein, may be sued by the Administrator or purchaser of the membership.
3. If a suit authorized under subsection 1 or 2 is brought by the purchaser, the purchaser is entitled to recover such damages as represent the difference between the amount paid for the membership and the reasonable cost of any permanent improvements thereto, and the lesser of:
(a) The value thereof as of the time the suit was brought;
(b) The price at which the membership has been disposed of in a bona fide market transaction before suit; or
(c) The price at which the membership has been disposed of after suit in a bona fide market transaction but before judgment,
or to rescission of the contract of sale and the refund of any consideration paid by the purchaser.
4. If a suit authorized under subsection 1 or 2 is brought by the Administrator, the Administrator may seek a declaration of the court that any person entitled to sue the developer or his or her agent under this section is entitled to the right of rescission and the refund of any consideration paid by him or her.
5. Every person who becomes liable to make any payment under this section may recover contribution as in cases of contract from any person who, if sued separately, would have been liable to make the same payment.
6. Reasonable attorney’s fees may be awarded to the prevailing party in any action brought under this section. Any action to rescind a contract of sale under this section must be brought within 1 year after the date of purchase or within 1 year after the date of the discovery of the misrepresentation giving rise to the action for rescission.
7. The provisions of this section are in addition to and not a substitute for any other right of a person to bring an action in any court for any act involved in the offering or sale of memberships or the right of the state to punish any person for any violation of any law.
8. For the purposes of this section "statement of record" means the information submitted to the Administrator by the developer in its application for a permit to offer to sell memberships in a campground.
(Added to NRS by 1987, 1082)
2023 Nevada Revised Statutes › Chapter 119B - Memberships in Campgrounds › NRS 119B.300 - Formation of association of members; incorporation; proxies.

1. The developer may form an association of the members. The association may be incorporated.
2. The state of incorporation may be:
(a) This state;
(b) The state in which the campground is located; or
(c) Any state where the developer has obtained a permit to sell memberships.
3. If an association is incorporated, the articles of incorporation or the bylaws must provide for the transfer by the developer to the owners of the control of the association within 120 days after 80 percent of the memberships have been sold.
4. Except as provided in NRS 78.355, any proxy which is executed by an owner to an association is valid for an indefinite period if the owner may revoke his or her proxy, by written notice to the association, to vote at a particular meeting.
(Added to NRS by 1985, 1663)
2023 Nevada Revised Statutes › Chapter 119B - Memberships in Campgrounds › NRS 119B.310 - Agreement for management of campground.

1. If an association is formed, a developer or an affiliate of the developer shall provide for the management of the campground by a written agreement with the association. The initial term of the agreement must expire upon the first annual meeting of the members of the association or at the end of 5 years, whichever comes first. Each succeeding term of the agreement must be renewed annually unless the manager of the association or a majority of the members, excluding the developer, notify the manager of their refusal to renew the agreement.
2. The agreement must provide that:
(a) The manager or a majority of the members may terminate the agreement for cause;
(b) The resignation of the manager will not be accepted until 90 days after receipt by the members of the written resignation; and
(c) A fidelity bond must be delivered by the manager to the association.
3. Except as provided in this subsection, if the developer retains a reversionary interest in the campground, the parties to an agreement must include the developer, the manager and the association. In addition to the provisions required in this section, the agreement must provide:
(a) That the campground will be maintained in good condition. Except as provided in this paragraph, any defect which is not cured within 10 days after notification by the developer may be cured by him or her. In an emergency situation, notice is not required. The association must repay the developer for any cost of the repairs plus the legal rate of interest. Each member must be assessed for his or her share of the cost of repairs.
(b) That, if any dispute arises between the developer and the manager or association, either party may request from the American Arbitration Association a list of seven potential fact finders from which one must be chosen to settle the dispute. The agreement must provide for the method of selecting one fact finder from this list.
(c) For collection of assessments from the members to pay obligations which may be due to the developer for breach of the covenant to maintain the campground or its facilities in good condition and repair.
If the developer, after his or her request to be included, is not made a party to this agreement, the developer shall be deemed a third-party beneficiary of that agreement.
(Added to NRS by 1985, 1664)
2023 Nevada Revised Statutes › Chapter 119B - Memberships in Campgrounds › NRS 119B.320 - Annual budget; insurance; payment of assessments for unsold memberships.

1. The association, or if no association has been formed the developer, shall adopt an annual budget for revenues, expenditures and reserves and collect assessments for the expenses of the campground from the members. The initial budget must be approved by the Administrator. The Administrator may require the developer to submit, at the developer’s own expense, an opinion from an independent professional consultant regarding the sufficiency of the budget to sustain the plan offered by the developer. Any money collected for assessments must be placed in a trust account.
2. The association or other manager shall maintain adequate property and public liability insurance insuring against all risks of physical loss with a provision, accepted in writing by any lender for whom the campground may constitute security, that the proceeds must be disbursed for the repair or restoration of the campground.
3. The developer shall pay the assessment for any memberships which are unsold or enter into an agreement, on a form approved by the Administrator, to pay the difference between the actual expenses incurred and the amounts payable as assessments by the members. The Administrator may require the developer to provide a surety bond or other form of security which is satisfactory to the Administrator, to guarantee the payment of the developer’s obligation. The Administrator may require that the contract of membership provide that the failure of the member to pay an annual or special assessment within 90 days after it is due constitutes a breach of the contract and allows the foreclosure of the member’s interest or the restriction of the member from use of the campground until that assessment is paid.
(Added to NRS by 1985, 1664)
2023 Nevada Revised Statutes › Chapter 119B - Memberships in Campgrounds › NRS 119B.330 - Assessment upon membership; notice of assessment; liens.

The association or other manager may levy and enforce a reasonable assessment upon a member in accordance with the contract. The assessment is a debt of the member at the time the assessment is made. The amount of the assessment plus any other charges thereon, such as interest, costs, attorney’s fees and penalties, as may be provided for in the contract of membership is a lien upon the member’s interest in the contract of membership. The notice of assessment must state:
1. The amount of the assessment and the other charges authorized by the contract of membership;
2. A description of the member’s interest against which the lien has been assessed; and
3. The name of the member.
The notice must be signed by an authorized representative of the association or as otherwise provided in the contract of membership. Upon the payment or other satisfaction of the assessment and charges in connection with which the notice has been recorded, the association or other manager shall notify the developer of the satisfaction and the release of the lien thereof.
(Added to NRS by 1985, 1665)
2023 Nevada Revised Statutes › Chapter 119B - Memberships in Campgrounds › NRS 119B.350 - Information to be furnished to purchasers by developer offering program.

If a developer intends to offer a program for the exchange of occupancy rights among the members whose rights relate to one campground or with the members whose rights relate to other campgrounds, or both, directly to a member, the developer shall deliver to the prospective member, before the offering or the execution of any contract between the prospective member or member and the developer offering the program, the information mentioned in subsection 1 of NRS 119B.340. This section does not apply to a renewal of a contract for the exchange of occupancy rights between a member and such a developer.
(Added to NRS by 1985, 1667)
2023 Nevada Revised Statutes › Chapter 119B - Memberships in Campgrounds › NRS 119B.360 - Information to be furnished by company offering program; liability for information and representations.

1. A company whose program for the exchange of occupancy rights among members of a campground or with the members of different campgrounds, or both, is offered to members in this state shall, on or before July 1 of each year, file with the Administrator and the secretary of the members’ association the information required by subsection 1 of NRS 119B.340 as it relates to that program.
2. No developer is liable for the use, delivery or publication of the information provided to the developer by the company.
3. Except as otherwise provided in this subsection, no company is liable for:
(a) Any representation made by the developer relating to the program or the company.
(b) The use, delivery or publication by the developer of any information relating to the program or the company.
The company is liable only for the written information provided to the developer by the company.
(Added to NRS by 1985, 1668)
2023 Nevada Revised Statutes › Chapter 119B - Memberships in Campgrounds › NRS 119B.370 - Order to cease activities conducted without permit; hearing; agreement in lieu of order.

1. The Administrator may issue an order directing a developer to cease engaging in activities for which the developer has not received a permit under this chapter or conducting activities in a manner not in compliance with the terms of his or her permit.
2. The order to cease must be in writing and must state that, in the opinion of the Administrator, the developer has not been issued a permit for the activity or the terms of the permit do not allow the developer to conduct the activity in that manner. The developer shall not engage in any activity regulated by this chapter after the developer receives such an order.
3. Within 30 days after receiving such an order, a developer may file a verified petition with the Administrator for a hearing. The Administrator shall hold a hearing within 30 days after the petition is filed. If the Administrator fails to hold a hearing within 30 days, or does not render a written decision within 45 days after the final hearing, the order to cease is rescinded.
4. If the decision of the Administrator after a hearing is against the person ordered to cease, the person may obtain judicial review from that decision by filing, within 30 days after the date on which the decision was issued, a petition in the district court for the county in which the person conducted the activity. The burden of proof is on the petitioner. The court shall consider the decision of the Administrator which is being reviewed and shall consider and determine solely whether there has been an abuse of discretion on the part of the Administrator in making the decision.
5. In lieu of the issuance of an order to cease such activities, the Administrator may enter into an agreement with the developer in which the developer agrees to:
(a) Discontinue the activities that are not in compliance with this chapter;
(b) Pay all costs incurred by the Administrator in investigating the developer’s activities and conducting any necessary hearings; and
(c) Return to the purchasers any money or property which the developer acquired through such violations.
Except as otherwise provided in NRS 239.0115, the terms of such an agreement are confidential unless violated by the developer.
(Added to NRS by 1985, 1670; A 2007, 2073)
2023 Nevada Revised Statutes › Chapter 119B - Memberships in Campgrounds › NRS 119B.380 - Enforcement of chapter and protection of purchasers by Administrator.

1. Whenever the Administrator believes that any person has violated any order, regulation, permit, decision, demand or requirement, or any of the provisions of this chapter, the Administrator may bring an action in the district court in the county in which the person resides or maintains his or her principal place of business or, if the person resides outside the State, in any court of competent jurisdiction within or outside the State, against the person to enjoin him or her from continuing the violation.
2. The Administrator may intervene in any action involving a membership or a program for the exchange of rights of occupancy, if intervention is necessary in the public interest and for the protection of the members.
(Added to NRS by 1985, 1671)
2023 Nevada Revised Statutes › Chapter 119B - Memberships in Campgrounds › NRS 119B.382 - Confidentiality of records: Certain records relating to complaint or investigation deemed confidential; certain records relating to disciplinary action deemed public records.

1. Except as otherwise provided in this section and NRS 239.0115, a complaint filed with the Division alleging a violation of this chapter, all documents and other information filed with the complaint and all documents and other information compiled as a result of an investigation conducted to determine whether to initiate disciplinary action are confidential and may be disclosed in whole or in part only as necessary in the course of administering this chapter or to a licensing board or agency or any other governmental agency, including, without limitation, a law enforcement agency, that is investigating a person who holds a permit issued pursuant to this chapter.
2. The complaint or other charging documents filed with the Administrator to initiate disciplinary action and all documents and other information considered by the Administrator when determining whether to impose discipline are public records.
(Added to NRS by 2007, 1549)
2023 Nevada Revised Statutes › Chapter 119B - Memberships in Campgrounds › NRS 119B.385 - Appointment of receiver.

1. When the Administrator ascertains that an association of members or a developer, if there is no association, is insolvent or in imminent danger of insolvency or the association’s or developer’s affairs are being mismanaged, the Administrator may file a complaint in the district court of the county in which the principal office of the association or developer is located for the appointment of a receiver.
2. Upon the appointment, the receiver shall take possession of all the property, business and assets of the association or developer which are located within this state and retain possession of them until further order of the court. The receiver shall make or cause to be made an inventory of the assets and known liabilities of the association or developer. Upon approval of the court, the receiver shall take such other actions as appear necessary and reasonable for the conduct of the business of the association or developer.
3. The inventory made by the receiver and all claims filed by creditors are open at all reasonable times for inspection and any action taken by the receiver upon any of the claims is subject to the approval of the court before which the cause is pending.
4. The expenses of the receiver and compensation of counsel, as well as all expenditures required in any liquidation proceeding, must be fixed by the receiver, subject to the approval of the court, and, upon certification of the receiver, must be paid out of the assets he or she controls as receiver.
(Added to NRS by 1987, 1083)
2023 Nevada Revised Statutes › Chapter 119B - Memberships in Campgrounds › NRS 119B.390 - Action by Real Estate Commission against broker.

The Real Estate Commission may take action pursuant to NRS 645.630 against any broker who fails to supervise adequately the conduct of any person engaged in the sale of memberships offered pursuant to the provisions of this chapter.
(Added to NRS by 1985, 1671)
2023 Nevada Revised Statutes › Chapter 119B - Memberships in Campgrounds › NRS 119B.395 - Administrative fine for engaging in certain conduct without permit or authorization; procedure for imposition of fine; judicial review; exceptions.

1. In addition to any other remedy or penalty, the Administrator may impose an administrative fine against any person who knowingly:
(a) Engages or offers to engage in any activity for which a permit or any type of authorization is required pursuant to this chapter, or any regulation adopted pursuant thereto, if the person does not hold the required permit or has not been given the required authorization; or
(b) Assists or offers to assist another person to commit a violation described in paragraph (a).
2. If the Administrator imposes an administrative fine against a person pursuant to this section, the amount of the administrative fine may not exceed the amount of any gain or economic benefit that the person derived from the violation or $5,000, whichever amount is greater.
3. In determining the appropriate amount of the administrative fine, the Administrator shall consider:
(a) The severity of the violation and the degree of any harm that the violation caused to other persons;
(b) The nature and amount of any gain or economic benefit that the person derived from the violation;
(c) The person’s history or record of other violations; and
(d) Any other facts or circumstances that the Administrator deems to be relevant.
4. Before the Administrator may impose the administrative fine, the Administrator must provide the person with notice and an opportunity to be heard.
5. The person is entitled to judicial review of the decision of the Administrator in the manner provided by chapter 233B of NRS.
6. The provisions of this section do not apply to a person who engages or offers to engage in activities within the purview of this chapter if:
(a) A specific statute exempts the person from complying with the provisions of this chapter with regard to those activities; and
(b) The person is acting in accordance with the exemption while engaging or offering to engage in those activities.
(Added to NRS by 2003, 1311)
2023 Nevada Revised Statutes › Chapter 119B - Memberships in Campgrounds › NRS 119B.400 - Acting as broker, broker-salesperson, salesperson, sales agent or registered representative without license or registration.

Unless the transaction is exempt under the provisions of NRS 119B.120, it is unlawful for any person to act as a broker of record, broker-salesperson, salesperson, sales agent or registered representative in this State in connection with the sale of memberships without first obtaining a license or registering pursuant to the provisions of chapter 645 or 119A of NRS.
(Added to NRS by 1985, 1657)
2023 Nevada Revised Statutes › Chapter 119B - Memberships in Campgrounds › NRS 119B.410 - Falsifying application; failure to submit annual report.

Any person who willfully submits, in the application for a permit to sell contracts of membership, any materially false or misleading information or fails to submit an annual report on a program for the exchange of occupancy rights among members is guilty of a misdemeanor.
(Added to NRS by 1985, 1671)
2023 Nevada Revised Statutes › Chapter 119B - Memberships in Campgrounds › NRS 119B.420 - False or misleading advertising.

1. It is unlawful for any person to use false or misleading information to advertise the sale of contracts of membership.
2. Unless a person has actual knowledge of the false or misleading information, the owner, publisher, licensee or operator of any newspaper, magazine, television or radio broadcasting station or his or her agents or employees are not liable under this chapter for any advertising of any contract for membership carried in the newspaper, magazine or by the television or radio broadcasting station nor are any of them liable under this chapter for the contents of any advertisement.
(Added to NRS by 1985, 1671)
2023 Nevada Revised Statutes › Chapter 119B - Memberships in Campgrounds › NRS 119B.430 - Unfair methods of competition; deceptive or unfair practices.

It is unlawful to engage in unfair methods of competition or deceptive or unfair practices in the offer to sell or sale of a membership. These practices include, without limitation:
1. Misrepresenting or failing to disclose any material fact concerning a campground or membership.
2. Including in any agreement for purchase of a membership provisions purporting to waive any right or benefit provided for purchasers under this chapter.
3. Receiving from a prospective purchaser any money or other valuable consideration before the purchaser receives the information required by NRS 119B.270.
4. Misrepresenting the amount of time or the date a camping site will be available to a purchaser.
5. Misrepresenting the location of the campground.
6. Misrepresenting the size, nature, extent, qualities or characteristics of the campground.
7. Misrepresenting the nature or extent of any services incident to the membership.
8. Misrepresenting the conditions under which a purchaser may exchange occupancy rights in a campground in one location for occupancy rights in a campground at another location.
9. Failing to disclose initially that any promised entertainment, food or other inducements are being offered to solicit the sale of a membership.
10. Conducting or participating in, without prior approval by the Division, any type of lottery or contest, or offering prizes or gifts to induce or encourage a person to visit a campground, attend a meeting at which a membership will be discussed, attend a presentation, or purchase a membership.
11. Any act or practice considered an unfair method of competition or an unfair or deceptive act or practice under NRS 207.170, 207.171 or 598.0915 to 598.0925, inclusive, or chapter 598A or 599A of NRS.
12. Making any false promises of a character likely to influence, persuade or induce.
13. Engaging in any fraudulent, misleading or oppressive techniques or tactics of selling.
(Added to NRS by 1985, 1657; A 1989, 650)
2023 Nevada Revised Statutes › Chapter 120 - Disclaimer of Property Interests (Uniform Act) › NRS 120.160 - "Jointly held property" defined.

"Jointly held property" means property held in the name of two or more persons under an arrangement in which all holders have concurrent interests and under which the last surviving holder is entitled to the whole of the property.
(Added to NRS by 2007, 278)
2023 Nevada Revised Statutes › Chapter 120 - Disclaimer of Property Interests (Uniform Act) › NRS 120.170 - "Person" defined.

"Person" means an individual, corporation, business trust, estate, trust, partnership, limited-liability company, association, joint venture, public corporation, government, governmental subdivision, agency or instrumentality, or any other legal or commercial entity.
(Added to NRS by 2007, 278)
2023 Nevada Revised Statutes › Chapter 120 - Disclaimer of Property Interests (Uniform Act) › NRS 120.180 - "State" defined.

"State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States. The term includes an Indian tribe or band, or Alaskan native village, recognized by federal law or formally acknowledged by a state.
(Added to NRS by 2007, 278)
2023 Nevada Revised Statutes › Chapter 120 - Disclaimer of Property Interests (Uniform Act) › NRS 120.190 - "Trust" defined.

"Trust" means:
1. An express trust, charitable or noncharitable, with additions thereto, whenever and however created; and
2. A trust created pursuant to a statute, judgment or decree which requires the trust to be administered in the manner of an express trust.
(Added to NRS by 2007, 279)
2023 Nevada Revised Statutes › Chapter 120 - Disclaimer of Property Interests (Uniform Act) › NRS 120.210 - Chapter supplemented by other law.

1. Unless displaced by a provision of this chapter, the principles of law and equity supplement this chapter.
2. This chapter does not limit any right of a person to waive, release, disclaim or renounce an interest in or power over property under a law other than this chapter.
(Added to NRS by 2007, 279)
2023 Nevada Revised Statutes › Chapter 120 - Disclaimer of Property Interests (Uniform Act) › NRS 120.220 - Power to disclaim; general requirements; when irrevocable.

1. A person may disclaim, in whole or part, any interest in or power over property, including a power of appointment. A person may disclaim the interest or power even if its creator imposed a spendthrift provision or similar restriction on transfer or a restriction or limitation on the right to disclaim.
2. Except to the extent a fiduciary’s right to disclaim is expressly restricted or limited by another statute of this State or by the instrument creating the fiduciary relationship, a fiduciary may disclaim, in whole or part, any interest in or power over property, including a power of appointment, whether acting in a personal or representative capacity. A fiduciary may disclaim the interest or power even if its creator imposed a spendthrift provision or similar restriction on transfer or a restriction or limitation on the right to disclaim, or an instrument other than the instrument that created the fiduciary relationship imposed a restriction or limitation on the right to disclaim.
3. To be effective, a disclaimer must be in a writing or other record, declare the disclaimer, describe the interest or power disclaimed, be signed by the person making the disclaimer and be delivered or filed in the manner provided in NRS 120.290. As used in this subsection:
(a) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form; and
(b) "Signed" means, with present intent to authenticate or adopt a record, to:
(1) Execute or adopt a tangible symbol; or
(2) Attach to or logically associate with the record an electronic sound, symbol or process.
4. A partial disclaimer may be expressed as a fraction, percentage, monetary amount, term of years, limitation of a power or any other interest or estate in the property.
5. A disclaimer becomes irrevocable when it is delivered or filed pursuant to NRS 120.290 or when it becomes effective as provided in NRS 120.230 to 120.280, inclusive, whichever occurs later.
6. A disclaimer made under this chapter is not a transfer, assignment or release.
(Added to NRS by 2007, 279)
2023 Nevada Revised Statutes › Chapter 120 - Disclaimer of Property Interests (Uniform Act) › NRS 120.230 - Disclaimer of interest in property.

1. Except for a disclaimer governed by NRS 120.240 or 120.250, the following rules apply to a disclaimer of an interest in property:
(a) The disclaimer takes effect as of the time the instrument creating the interest becomes irrevocable or, if the interest arose under the law of intestate succession, as of the time of the intestate’s death.
(b) The disclaimed interest passes according to any provision in the instrument creating the interest providing for the disposition of the interest, should it be disclaimed, or of disclaimed interests in general.
(c) If the instrument does not contain a provision described in paragraph (b), the following rules apply:
(1) If the disclaimant is not an individual, the disclaimed interest passes as if the disclaimant did not exist.
(2) If the disclaimant is an individual, except as otherwise provided in subparagraphs (3) and (4), the disclaimed interest passes as if the disclaimant had died immediately before the time of distribution.
(3) If by law or under the instrument, the descendants of the disclaimant would share in the disclaimed interest by any method of representation had the disclaimant died before the time of distribution, the disclaimed interest passes only to the descendants of the disclaimant who survive the time of distribution.
(4) If the disclaimed interest would pass to the disclaimant’s estate had the disclaimant died before the time of distribution, the disclaimed interest instead passes by representation to the descendants of the disclaimant who survive the time of distribution. If no descendant of the disclaimant survives the time of distribution, the disclaimed interest passes to those persons, including the State but excluding the disclaimant, and in such shares as would succeed to the transferor’s intestate estate under the intestate succession law of the transferor’s domicile had the transferor died at the time of distribution. However, if the transferor’s surviving spouse is living but is remarried at the time of distribution, the transferor is deemed to have died unmarried at the time of distribution.
(d) Upon the disclaimer of a preceding interest, a future interest held by a person other than the disclaimant takes effect as if the disclaimant had died or ceased to exist immediately before the time of distribution, but a future interest held by the disclaimant is not accelerated in possession or enjoyment.
2. As used in this section:
(a) "Future interest" means an interest that takes effect in possession or enjoyment, if at all, later than the time of its creation.
(b) "Time of distribution" means the time when a disclaimed interest would have taken effect in possession or enjoyment.
(Added to NRS by 2007, 279)
2023 Nevada Revised Statutes › Chapter 120 - Disclaimer of Property Interests (Uniform Act) › NRS 120.240 - Disclaimer of rights of survivorship in jointly held property.

1. Upon the death of a holder of jointly held property, a surviving holder may disclaim, in whole or part, the greater of:
(a) A fractional share of the property determined by dividing the number 1 by the number of joint holders alive immediately before the death of the holder to whose death the disclaimer relates; or
(b) All of the property except that part of the value of the entire interest attributable to the contribution furnished by the disclaimant.
2. A disclaimer under subsection 1 takes effect as of the death of the holder of jointly held property to whose death the disclaimer relates.
3. An interest in jointly held property disclaimed by a surviving holder of the property passes as if the disclaimant predeceased the holder to whose death the disclaimer relates.
(Added to NRS by 2007, 280)
2023 Nevada Revised Statutes › Chapter 120 - Disclaimer of Property Interests (Uniform Act) › NRS 120.260 - Disclaimer of power of appointment or other power not held in fiduciary capacity.

If a holder disclaims a power of appointment or other power not held in a fiduciary capacity, the following rules apply:
1. If the holder has not exercised the power, the disclaimer takes effect as of the time the instrument creating the power becomes irrevocable.
2. If the holder has exercised the power and the disclaimer is of a power other than a presently exercisable general power of appointment, the disclaimer takes effect immediately after the last exercise of the power.
3. The instrument creating the power is construed as if the power expired when the disclaimer became effective.
(Added to NRS by 2007, 281)
2023 Nevada Revised Statutes › Chapter 120 - Disclaimer of Property Interests (Uniform Act) › NRS 120.270 - Disclaimer by appointee, object or taker in default of exercise of power of appointment.

1. A disclaimer of an interest in property by an appointee of a power of appointment takes effect as of the time the instrument by which the holder exercises the power becomes irrevocable.
2. A disclaimer of an interest in property by an object or taker in default of an exercise of a power of appointment takes effect as of the time the instrument creating the power becomes irrevocable.
(Added to NRS by 2007, 281)
2023 Nevada Revised Statutes › Chapter 120 - Disclaimer of Property Interests (Uniform Act) › NRS 120.280 - Disclaimer of power held in fiduciary capacity.

1. If a fiduciary disclaims a power held in a fiduciary capacity which has not been exercised, the disclaimer takes effect as of the time the instrument creating the power becomes irrevocable.
2. If a fiduciary disclaims a power held in a fiduciary capacity which has been exercised, the disclaimer takes effect immediately after the last exercise of the power.
3. A disclaimer under this section is effective as to another fiduciary if the disclaimer so provides and the fiduciary disclaiming has the authority to bind the estate, trust or other person for whom the fiduciary is acting.
(Added to NRS by 2007, 281)
2023 Nevada Revised Statutes › Chapter 120 - Disclaimer of Property Interests (Uniform Act) › NRS 120.300 - When disclaimer barred or limited.

1. A disclaimer is barred by a written waiver of the right to disclaim.
2. A disclaimer of an interest in property is barred if any of the following events occur before the disclaimer becomes effective:
(a) The disclaimant accepts the interest sought to be disclaimed;
(b) The disclaimant voluntarily assigns, conveys, encumbers, pledges or transfers the interest sought to be disclaimed or contracts to do so; or
(c) A judicial sale of the interest sought to be disclaimed occurs.
3. A disclaimer, in whole or part, of the future exercise of a power held in a fiduciary capacity is not barred by its previous exercise.
4. A disclaimer, in whole or part, of the future exercise of a power not held in a fiduciary capacity is not barred by its previous exercise unless the power is exercisable in favor of the disclaimant.
5. A disclaimer is barred or limited if so provided by law other than this chapter.
6. A disclaimer of a power over property which is barred by this section is ineffective. A disclaimer of an interest in property which is barred by this section takes effect as a transfer of the interest disclaimed to the persons who would have taken the interest under this chapter had the disclaimer not been barred.
(Added to NRS by 2007, 282)
2023 Nevada Revised Statutes › Chapter 120 - Disclaimer of Property Interests (Uniform Act) › NRS 120.310 - Tax qualified disclaimer.

Notwithstanding any other provision of this chapter, if as a result of a disclaimer or transfer the disclaimed or transferred interest is treated pursuant to the provisions of Title 26 of the United States Code, as now or hereafter amended, or any successor statute thereto, and the regulations promulgated thereunder, as never having been transferred to the disclaimant, then the disclaimer or transfer is effective as a disclaimer under this chapter.
(Added to NRS by 2007, 283)
2023 Nevada Revised Statutes › Chapter 120 - Disclaimer of Property Interests (Uniform Act) › NRS 120.320 - Recording of disclaimer.

If an instrument transferring an interest in or power over property subject to a disclaimer is required or permitted by law to be filed, recorded or registered, the disclaimer may be so filed, recorded or registered. Except as otherwise provided in paragraph (b) of subsection 6 of NRS 120.290, failure to file, record or register the disclaimer does not affect its validity as between the disclaimant and persons to whom the property interest or power passes by reason of the disclaimer.
(Added to NRS by 2007, 283; A 2011, 1354)
2023 Nevada Revised Statutes › Chapter 120 - Disclaimer of Property Interests (Uniform Act) › NRS 120.330 - Application to existing relationships.

Except as otherwise provided in NRS 120.300, an interest in or power over property existing on October 1, 2007, as to which the time for delivering or filing a disclaimer under law superseded by this chapter has not expired may be disclaimed after October 1, 2007.
(Added to NRS by 2007, 283)
2023 Nevada Revised Statutes › Chapter 120 - Disclaimer of Property Interests (Uniform Act) › NRS 120.340 - Relation to Electronic Signatures in Global and National Commerce Act.

This chapter modifies, limits and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. §§ 7001 et seq., but does not modify, limit or supersede section 101(c) of that act, 15 U.S.C. § 7001(c), or authorize electronic delivery of any of the notices described in section 103(b) of that act, 15 U.S.C. § 7003(b).
(Added to NRS by 2007, 283)
2023 Nevada Revised Statutes › Chapter 120 - Disclaimer of Property Interests (Uniform Act) › NRS 120.350 - Uniformity of application and construction.

In applying and construing the Uniform Disclaimer of Property Interests Act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
(Added to NRS by 2007, 283)
2023 Nevada Revised Statutes › Chapter 120A - Unclaimed Property (Uniform Act) › NRS 120A.020 - Definitions.

As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 120A.025 to 120A.122, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 1979, 1751; A 1983, 1462; 2001, 2908; 2007, 767; 2019, 3013; 2021, 76; 2023, 1052)
2023 Nevada Revised Statutes › Chapter 120A - Unclaimed Property (Uniform Act) › NRS 120A.040 - "Business association" defined.

"Business association" means a corporation, joint-stock company, investment company, partnership, unincorporated association, joint venture, limited-liability company, business trust, trust company, land bank, safe-deposit company or other safekeeping depository, financial organization, insurance company, mutual fund or utility, or another business entity consisting of one or more persons, whether or not for profit.
(Added to NRS by 1979, 1751; A 1983, 1462; 2001, 2908; 2007, 767)
2023 Nevada Revised Statutes › Chapter 120A - Unclaimed Property (Uniform Act) › NRS 120A.070 - "Financial organization" defined.

"Financial organization" means a savings and loan association, building and loan association, savings bank, industrial bank, bank, banking organization or credit union.
(Added to NRS by 1979, 1751; A 1983, 1462; 1985, 242; 2001, 2909; 2007, 768)
2023 Nevada Revised Statutes › Chapter 120A - Unclaimed Property (Uniform Act) › NRS 120A.075 - "Game-related digital content" defined.

1. "Game-related digital content" means digital content that exists only in an electronic game or electronic-game platform. The term includes:
(a) Game-play currency, such as a virtual wallet, even if denominated in United States currency; and
(b) If for use or redemption only within the electronic game or electronic-game platform:
(1) Points, sometimes referred to as gems, tokens, gold and similar names; and
(2) Digital codes.
2. The term does not include an item that the issuer:
(a) Permits to be redeemed for use outside an electronic game or electronic-game platform for:
(1) Money; or
(2) Goods or services that have more than minimal value; or
(b) Otherwise monetizes for use outside an electronic game or electronic-game platform.
(Added to NRS by 2021, 76)
2023 Nevada Revised Statutes › Chapter 120A - Unclaimed Property (Uniform Act) › NRS 120A.080 - "Holder" defined.

"Holder" means a person or business obligated, or assumed to be obligated, to hold for the account of, or deliver or pay to, the owner property that is subject to this chapter.
(Added to NRS by 1979, 1751; A 1983, 1462; 2001, 2909; 2019, 3013)
2023 Nevada Revised Statutes › Chapter 120A - Unclaimed Property (Uniform Act) › NRS 120A.090 - "Insurance company" defined.

"Insurance company" means an association, corporation or fraternal or mutual benefit organization, whether or not for profit, which is engaged in the business of providing life endowments, annuities or insurance, including accident, burial, casualty, credit life, contract performance, dental, disability, fidelity, fire, health, hospitalization, illness, life, malpractice, marine, mortgage, surety, wage protection and workers’ compensation insurance.
(Added to NRS by 1979, 1751; A 1983, 1462; 2001, 2909)
2023 Nevada Revised Statutes › Chapter 120A - Unclaimed Property (Uniform Act) › NRS 120A.096 - "Mineral" defined.

"Mineral" means gas, oil, coal and other gaseous, liquid and solid hydrocarbons, oil shale, cement material, sand, gravel, road material, building stone, chemical raw material, gemstone, fissionable and nonfissionable ores, colloidal and other clay, steam and other geothermal resource or any other substance defined as a mineral by the law of this State.
(Added to NRS by 2007, 756)
2023 Nevada Revised Statutes › Chapter 120A - Unclaimed Property (Uniform Act) › NRS 120A.097 - "Mineral proceeds" defined.

"Mineral proceeds" means amounts payable for the extraction, production or sale of minerals or, upon the abandonment of those payments, all payments that become payable thereafter. The term includes, without limitation, amounts payable:
1. For the acquisition and retention of a mineral lease, including bonuses, royalties, compensatory royalties, shut-in royalties, minimum royalties and delay rentals;
2. For the extraction, production or sale of minerals, including net revenue interests, royalties, overriding royalties, extraction payments and production payments; and
3. Under an agreement or option, including a joint operating agreement, unit agreement, pooling agreement and farm-out agreement.
(Added to NRS by 2007, 756)
2023 Nevada Revised Statutes › Chapter 120A - Unclaimed Property (Uniform Act) › NRS 120A.098 - "Money order" defined.

"Money order" means an order for payment of a specified amount of money. The term includes an express money order and a personal money order, on which the remitter is the purchaser. The term does not include a bank money order or any other instrument sold by a financial organization if the seller has obtained the name and address of the payee.
(Added to NRS by 2001, 2908; A 2019, 3013)