reglab/statecodes huggingface dataset:
Nevada Administrative Code › Chapter 90 - Securities › REGISTRATION OF SECURITIES › Development Stage Companies › Section 90.483 - Registration by qualification: Additional filings required after filing of registration statement; enforcement

Current through June 11, 2024
1. Not later than
				60 days after the closing of the offering or the expiration of the period of
				effectiveness, whichever occurs first, an issuer who is a development stage
				company and files a registration statement pursuant to
				NRS
				90.490 which has been declared effective in
				Nevada shall file with the Administrator:
(a)
				A copy of all sales and promotional materials used in connection with the
				offering; and
(b) A report which
				sets forth the:
(1) Amount of securities sold
				during the effective period of the offering;
(2) Consideration paid for each security;
				and
(3) Names and addresses of all
				purchasers.
Nevada Administrative Code › Chapter 90 - Securities › REGISTRATION OF SECURITIES › Development Stage Companies › Section 90.485 - Limitation on amount of dilution in offering; remedy for violation

Current through June 11, 2024
The
				amount of dilution in an offering by a development stage company may not exceed
				75 percent of the aggregate offering price unless that limitation is waived by
				the Administrator pursuant to
				NRS
				90.715. For any violation of this section,
				the Administrator may deem the offering to be one which will be made with
				unreasonable amounts of promoters' profits or participation and issue an order
				denying effectiveness to, or suspending or revoking the effectiveness of, the
				registration statement filed in connection with the offering.
Added to NAC by Sec'y of State,
				eff. 4-22-88; A 10-16-89; R047-04, 5-25-2004
NRS
				90.480,
				90.490,
				90.510,
				90.750
Nevada Administrative Code › Chapter 90 - Securities › REGISTRATION OF SECURITIES › Development Stage Companies › Section 90.490 - Offering of debt securities, equity securities or securities convertible to equity securities; offering of partnership units or trust certificate

Current through June 11, 2024
1. In the case of an offering by a
				development stage company of debt securities, equity securities or securities
				which are convertible to equity securities, the company must maintain equity of
				not less than $50,000 or 5 percent of the aggregate offering price, whichever
				is less. For the purposes of this subsection, equity means the sum of
				consideration contributed for the equity securities of the issuer plus retained
				earnings. Retained deficits do not reduce the equity of the issuer for the
				purposes of this subsection. Capital contributed in the form of services,
				tangible or intangible property, or evidence of indebtedness may qualify as
				equity for the purposes of this subsection if approved by the Administrator
				and:
(a) There is objective evidence of the
				market value of the services or the tangible or intangible property and title
				to the property is held by the issuer;
(b) The indebtedness is recourse debt against
				an obligor who has a verifiable net tangible asset value equal to 100 percent
				of the principal amount of the indebtedness; or
(c) The indebtedness is secured by collateral
				with an objectively verified market value at least equal to the principal
				amount of the indebtedness.
In any case where noncash consideration is
				contributed as equity to satisfy the requirements of this subsection, the
				market value of all services and tangible and intangible property, plus the
				principal amount of all evidence of indebtedness and all cash consideration
				must equal at least 120 percent of the equity required by this
				subsection.
Nevada Administrative Code › Chapter 90 - Securities › REGISTRATION OF SECURITIES › Development Stage Companies › Section 90.492 - Submission to Division of material change in issuer or offering

Current through June 11, 2024
During
				the period of effectiveness of a registration statement, any material change in
				the issuer or the offering, including, without limitation:
1. Any change in the use of the proceeds of
				the offering;
2. Any change in the
				control of the issuer;
3. Any
				merger, acquisition or reorganization;
4. Any change in the executive officers of
				the issuer;
5. Any change in the
				principal business of the issuer; or
6. Any other material change in the
				prospectus, must be submitted to the Division in the form of a posteffective
				amendment that satisfies the registration requirements of this chapter and
				chapter 90 of NRS.
Added to NAC by Sec'y of State,
				eff. 10-16-89
NRS
				90.480,
				90.490,
				90.500,
				90.750
Nevada Administrative Code › Chapter 90 - Securities › REGISTRATION OF SECURITIES › Exemptions From Registration › Section 90.495 - Claim of exemption: Applicable fee and filing requirements; burden of proof when filing not required

Current through June 11, 2024
1. If a person
				claims a statutory exemption from the registration requirement of
				NRS
				90.460 and if the person is required to file
				a notice with the Administrator in order to claim the exemption, the person
				must file a Claim of Exemption From Securities Registration (Nevada Form N-9),
				together with any other materials required pursuant to the section of statute
				or regulation which establishes the exemption and the stated fee.
2. Regardless of whether an exemption from
				registration requires the filing of a Claim of Exemption From Securities
				Registration (Nevada Form N-9) with the Administrator, the burden of
				demonstrating the availability and applicability of the exemption is on the
				person claiming the exemption.
Added to NAC by Sec'y of State,
				eff. 4-22-88; A 10-16-89; 11-19-92; R016-02, 8-6-2002; R047-04, 5-25-2004; A by
				R018-21A,
				eff. 6/2/2023
NRS 90.520,
				90.530,
				90.540,
				90.750
Nevada Administrative Code › Chapter 90 - Securities › REGISTRATION OF SECURITIES › Exemptions From Registration › Section 90.496 - Claim of exemption: Effective period

Current through June 11, 2024
1. Except as
				otherwise provided in subsections 2 and 3, a claim of exemption (Nevada Form
				N-9) is effective for 1 year after the date the claim is received by the
				Administrator.
2. A claim of
				exemption pursuant to paragraph (n) of subsection 2 of
				NRS
				90.520 is effective for 1 year after the date
				the claim is received by the Administrator or the date on which the fiscal year
				ends, whichever is later.
3. A
				claim of exemption pursuant to NAC 90.516, 90.517, 90.518 or 90.519 is
				effective as long as the applicable qualifications are met for the exemption.
				Any person who is offering or selling such securities after the claim of
				exemption is received by the Administrator is covered by the claim of exemption
				as long as it is effective.
Added to NAC by Sec'y of State,
				eff. 11-19-92
NRS
				90.520,
				90.530,
				90.540,
				90.750
Nevada Administrative Code › Chapter 90 - Securities › REGISTRATION OF SECURITIES › Exemptions From Registration › Section 90.497 - Claim of exemption: Expeditious processing

Current through June 11, 2024
If expeditious processing is
				requested pursuant to
				NRS
				90.465 and the applicable fee set forth in
				that section has been paid, the Administrator will transmit the notification of
				acceptance by facsimile machine.
Added to NAC by Sec'y of State,
				eff. 11-19-92; A by R047-04, 5-25-2004
NRS
				90.465,
				90.750
Nevada Administrative Code › Chapter 90 - Securities › REGISTRATION OF SECURITIES › Exemptions From Registration › Section 90.498 - Claim of exemption: Offering issued in series of securities or relating to multiple funds

Current through June 11, 2024
A person who files a claim of exemption (Nevada
				Form N-9) from the registration requirements of
				NRS
				90.460 involving a securities offering which
				is issued in a series of securities or relating to multiple funds shall file a
				separate claim of exemption for each such series or fund unless:
1. The series or funds are identified under
				the same name and are a single legal entity; and
2. Separate accounting for each series or
				fund is not maintained.
Added to NAC by Sec'y of State,
				eff. 11-19-92
NRS
				90.520,
				90.530,
				90.540,
				90.750
Nevada Administrative Code › Chapter 90 - Securities › REGISTRATION OF SECURITIES › Exemptions From Registration › Section 90.500 - Securities listed on certain exchanges

Current through June 11, 2024
For purposes of the exemption from registration
				provided by paragraph (g) of subsection 2 of
				NRS
				90.520, a security is also exempt from
				registration if it is listed or approved for listing upon notice of issuance
				on:
1. The Chicago Board Options
				Exchange;
2. Tier I of the Nasdaq
				OMX PHLX; or
3. Any other exchange
				designated by the Administrator by order.
Added to NAC by Sec'y of State,
				eff. 4-22-88; A 10-16-89; 5-23-96; R016-02, 8-6-2002; A by
				R018-21A,
				eff. 6/2/2023
NRS 90.520,
				90.750
Nevada Administrative Code › Chapter 90 - Securities › REGISTRATION OF SECURITIES › Exemptions From Registration › Section 90.505 - Rated promissory note, draft, bill of exchange or banker's acceptance

Current through June 11, 2024
For
				purposes of the exemption from registration provided by paragraph (k) of
				subsection 2 of
				NRS
				90.520, a promissory note, draft, bill of
				exchange or banker's acceptance is exempt from registration if it is rated by
				Standard & Poor's Corporation or Mergent, Inc.
Added to NAC by Sec'y of State,
				eff. 4-22-88; A 10-16-89; R016-02, 8-6-2002
NRS
				90.520,
				90.750
Nevada Administrative Code › Chapter 90 - Securities › REGISTRATION OF SECURITIES › Exemptions From Registration › Section 90.510 - Statutory exemption for nonissuer transaction by sales representative licensed in State: Inclusion of information on issuer in designated securities manual

Current through June 11, 2024
For purposes of the exemption from registration
				provided by subsection 3 of
				NRS
				90.530, a transaction is exempt from
				registration if the information required by that subsection is contained
				in:
1. Mergent Industrial
				Manual;
2. Mergent Municipal and
				Government Manual
and News Reports
;
3. Mergent Public Utility Manual
and
				News Reports
;
4. Mergent
				Transportation Manual
and News Reports
;
5. Mergent Bank and Finance Manual
				;
6. Mergent International Manual
and News Reports
;
7. Standard & Poor's Corporation Records
				; or
8. Any other aggregator
				designated by order of the Administrator.
Added to NAC by Sec'y of State,
				eff. 4-22-88; A 10-16-89; 11-19-92; R016-02, 8-6-2002; A by
				R018-21A,
				eff. 6/2/2023
NRS 90.530,
				90.750
Nevada Administrative Code › Chapter 90 - Securities › REGISTRATION OF SECURITIES › Exemptions From Registration › Section 90.512 - Nonissuer transaction by sales representative licensed in State: Security complying with certain requirements for statutory exemption

Current through June 11, 2024
1. Except as otherwise provided in subsection
				2, a nonissuer transaction by a sales representative licensed in this State in
				an outstanding security that complies with the provisions of paragraphs (a),
				(b), (c) and (e) of subsection 3 of
				NRS
				90.530 is exempt from the registration
				requirements of
				NRS
				90.460.
2. The exemption provided in subsection 1 is
				not available for a development stage company.
Added to NAC by Sec'y of State,
				eff. 11-19-92
NRS
				90.530,
				90.750
Nevada Administrative Code › Chapter 90 - Securities › REGISTRATION OF SECURITIES › Exemptions From Registration › Section 90.515 - Offering complying with Regulation D of Securities and Exchange Commission (Repealed)

Current through June 11, 2024
Added to NAC by Sec'y of State,
				eff. 4-22-88; A 10-16-89; R016-02, 8-6-2002; R047-04, 5-25-2004; R by
				R018-21A,
				eff. 6/2/2023
NRS 90.750
Nevada Administrative Code › Chapter 90 - Securities › REGISTRATION OF SECURITIES › Exemptions From Registration › Section 90.516 - Nonissuer transaction by sales representative licensed in State: Security included or designated for inclusion in Nasdaq SmallCap Market

Current through June 11, 2024
1. A nonissuer transaction by a sales
				representative licensed in this State of an outstanding security that is
				included or designated for inclusion in The Nasdaq Capital Market is exempt
				from the registration requirements of
				NRS
				90.460 if:
(a) The security is sold at a price
				reasonably related to the current market price of the security at the time of
				the transaction;
(b) The security
				does not constitute all or part of an unsold allotment to, or subscription or
				participation by, a broker-dealer who is an underwriter of the
				security;
(c) The issuer of the
				security has been in continuous operation for at least 2 years before inclusion
				or designation for inclusion of the security in The Nasdaq Capital
				Market;
(d) The issuer of the
				security has not undergone a major reorganization, merger or acquisition during
				the 30 days preceding the inclusion or designation for inclusion of the
				security in The Nasdaq Capital Market which is not reflected in The Nasdaq
				Capital Market listing; and
(e) The
				issuer of the security is not in bankruptcy or in receivership at the time of
				the offer or sale of the security.
Nevada Administrative Code › Chapter 90 - Securities › REGISTRATION OF SECURITIES › Exemptions From Registration › Section 90.517 - Nonissuer transaction by sales representative licensed in State: Security included or designated for inclusion in OTC Bulletin Board

Current through June 11, 2024
1. A nonissuer transaction by a sales
				representative licensed in this State of an outstanding security that is
				included or designated for inclusion in the OTC Bulletin Board as operated by
				the Financial Industry Regulatory Authority is exempt from the registration
				requirements of
				NRS
				90.460 if:
(a) The security is sold at a price
				reasonably related to the current market price of the security at the time of
				the transaction;
(b) The security
				does not constitute all or part of an unsold allotment to, or subscription or
				participation by, a broker-dealer who is an underwriter of the
				security;
(c) The issuer of the
				security has been in continuous operation for at least 5 years before inclusion
				or designation for inclusion of the security in the OTC Bulletin
				Board;
(d) The issuer has not
				undergone a major reorganization, merger or acquisition during the 120 days
				preceding the inclusion or designation for inclusion of the security in the OTC
				Bulletin Board which is not reflected in the OTC Bulletin Board
				listing;
(e) The issuer of the
				security is not in bankruptcy or in receivership at the time of the offer or
				sale of the security; and
(f) The
				security has been, except as otherwise provided in subsection 2, outstanding
				for at least 2 years before inclusion in the OTC Bulletin Board and:
(1) Was part of an initial public offering
				which was registered in any state as a Small Company Offering Registration
				using the Small Company Offering Registration Form (Form U-7), as adopted by
				the North American Securities Administrators Association; or
(2) Was registered for sale in any state as a
				Regulation A filing with the Securities and Exchange Commission.
Nevada Administrative Code › Chapter 90 - Securities › REGISTRATION OF SECURITIES › Exemptions From Registration › Section 90.518 - Nonissuer transaction by sales representative licensed in State: Security of no more than $100,000 held by shareholder for 12-month period

Current through June 11, 2024
1. A nonissuer transaction by a sales
				representative licensed in this State of an outstanding security of no more
				than $100,000 which was held by a shareholder for any 12-month period is exempt
				from the registration requirements of
				NRS
				90.460, if:
(a) The security is sold at a price
				reasonably related to the current market price of the security at the time of
				the transaction;
(b) The security
				does not constitute all or part of an unsold allotment to, or subscription or
				participation by, a broker-dealer who is an underwriter of the
				security;
(c) The issuer of the
				security has been in continuous operation for at least 5 years before the
				resale of the security;
(d) The
				issuer of the security has not undergone a major reorganization, merger or
				acquisition during the 120 days preceding the transaction which is not
				disclosed by the sales representative;
(e) The issuer of the security is not in
				bankruptcy or in receivership at the time of the offer or sale of the security;
				and
(f) The security has been,
				except as otherwise provided in subsection 2, outstanding for at least 2 years
				before the resale of the security and:
(1) Was
				part of an initial public offering which was registered in any state as a Small
				Corporate Offering Registration using the Uniform Limited Offering Circular
				(Form U-7), as adopted by the North American Securities Administrators
				Association; or
(2) Was registered
				for sale in any state as a Regulation A filing with the Securities and Exchange
				Commission.
Nevada Administrative Code › Chapter 90 - Securities › REGISTRATION OF SECURITIES › Exemptions From Registration › Section 90.519 - Certain securities issued by governmental entities

Current through June 11, 2024
An issuer or a person
				acting on behalf of an issuer of a security described in paragraph (a) of
				subsection 2 of
				NRS
				90.520, other than a security issued by this
				State or an agency, instrumentality or political subdivision of this State,
				shall file with the Administrator not later than the date of the first offer or
				sale of the security in this State, whichever occurs earlier, a Claim of
				Exemption From Securities Registration (Nevada Form N-9) and a fee of $300 if
				the issuer would have been required to register the security with the
				Administrator before the enactment of the National Securities Markets
				Improvement Act of 1996, Public Law 104-290, unless the
				security or the transaction would have been exempt from registration pursuant
				to
				NRS
				90.520 or
				90.530
				before the date of enactment of that Act.
Added to NAC by Sec'y of State,
				eff. 11-19-92; A by R016-02, 8-6-2002; R047-04,
				5-25-2004
NRS
				90.540,
				90.750
Nevada Administrative Code › Chapter 90 - Securities › REGISTRATION OF SECURITIES › Exemptions From Registration › Section 90.521 - Offer or sale complying with Regulation S of Securities and Exchange Commission

Current through June 11, 2024
1. An offer or sale
				of a security is exempt from the registration requirements of
				NRS
				90.460 if it complies with the provisions of
				Regulation S of the Securities and Exchange Commission,
				17 C.F.R. §§
										230.901 to
				230.904,
				inclusive.
2. An exemption provided
				by this section is available if, preceding the initial use of the exemption,
				the person claiming the exemption:
(a) Pays a
				fee of $300 to the Administrator; and
(b) Files a Claim of Exemption From
				Securities Registration (Nevada Form N-9) with the Administrator.
Nevada Administrative Code › Chapter 90 - Securities › REGISTRATION OF SECURITIES › Exemptions From Registration › Section 90.522 - Nonissuer transaction for which designated registration statement filed with and declared effective by Securities and Exchange Commission

Current through June 11, 2024
1. A nonissuer transaction, whether or not
				effected through a broker-dealer, involving any class of an issuer's security
				is exempt from the registration requirements of
				NRS
				90.460 if:
(a) The issuer filed a registration statement
				with the Securities and Exchange Commission on Form F-8, F-9 or F-10;
				and
(b) The Securities and Exchange
				Commission has declared the registration statement to be effective.
Nevada Administrative Code › Chapter 90 - Securities › REGISTRATION OF SECURITIES › Exemptions From Registration › Section 90.525 - Isolated transaction

Current through June 11, 2024
For purposes of the exemption from registration
				provided by subsection 1 of
				NRS
				90.530, a transaction is isolated if it does
				not occur more frequently, with respect to the same offeror or seller, than
				twice during any 12-month period.
Added to NAC by Sec'y of State,
				eff. 4-22-88; A 10-16-89
NRS
				90.530,
				90.750
Nevada Administrative Code › Chapter 90 - Securities › REGISTRATION OF SECURITIES › Exemptions From Registration › Section 90.532 - Offering of certain securities for which designated notice is filed within 15 days after first sale (Repealed)

Current through June 11, 2024
Added to NAC by Sec'y of State,
				eff. 10-30-97; A by R047-04, 5-25-2004; R by
				R018-21A,
				eff. 6/2/2023
NRS 90.750
Nevada Administrative Code › Chapter 90 - Securities › REGISTRATION OF SECURITIES › Exemptions From Registration › Section 90.534 - Certain offers of securities made over the Internet or similar electronic system

Current through June 11, 2024
1. An offer to sell
				or purchase a security that is made over the Internet, World Wide Web, or other
				similar proprietary or common carrier electronic system into this State is an
				offer to sell or an offer to purchase pursuant to
				NRS
				90.830.
2. An offer made into this State pursuant to
				subsection 1 is exempt from the provisions of
				NRS
				90.460 and
				90.560 if:
(a) The offer indicates, directly or
				indirectly, that the securities are not being offered to the residents of this
				State; and
(b) An offer is not
				otherwise specifically directed to any person in a state by, or on behalf of
				the issuer of the securities.
Nevada Administrative Code › Chapter 90 - Securities › REGISTRATION OF SECURITIES › Exemptions From Registration › Section 90.536 - Certain offers of securities made to accredited investors

Current through June 11, 2024
1. Any offer to sell or the sale of a
				security by an issuer in a transaction that meets the requirements of this
				section is exempt from
				NRS
				90.460 and
				90.560
				if the following conditions are met:
(a) Sales
				of securities must be made only to persons who are or the issuer reasonably
				believes are accredited investors. "Accredited investor" has the meaning
				ascribed to it in
				17 C.F.R. §
											230.501(a).
(b) This exemption is not available to an
				issuer that is in the development stage, has no specific business plan or
				purpose, or has indicated that its business plan is to engage in a merger or
				acquisition with an unidentified company or companies, or other entity or
				person.
(c) The issuer must
				reasonably believe that all purchasers are purchasing for investment and not
				with the view to or for sale in connection with a distribution of the security.
				Any resale of a security sold in reliance on this exemption within 12 months
				after sale, except a resale to an accredited investor or pursuant to a
				registration statement effective under
				NRS
				90.470,
				90.480
				or
				90.490,
				must be presumed to be with a view to distribution and not for investment.
				Securities issued under this exemption may only be resold pursuant to
				registration or an exemption under
				NRS
				90.530.
Nevada Administrative Code › Chapter 90 - Securities › REGISTRATION OF SECURITIES › Exemptions From Registration › Section 90.538 - Certain offers of securities made to solicit interest

Current through June 11, 2024
1. An
				offer to sell a security made by or on behalf of an issuer for the sole purpose
				of soliciting an indication of interest in receiving a prospectus or its
				equivalent for the security is exempt from
				NRS
				90.460 and
				90.560
				if:
(a) The issuer:
(1) Is or will be a business entity organized
				under the laws of one of the states, territories or possessions of the United
				States or one of the provinces or territories of Canada; and
(2) Is engaged in or proposes to engage in a
				business other than petroleum exploration or production or mining or other
				extractive industries and is not an offering for which the specific business or
				properties cannot now be described;
Nevada Administrative Code › Chapter 90 - Securities › PROCEEDINGS BEFORE THE ADMINISTRATOR › Section 90.540 - Applicability

Current through June 11, 2024
The
				provisions of NAC 90.540 to 90.610, inclusive, govern practice and procedure
				before the Administrator in any proceeding under
				NRS
				90.420,
				90.510,
				90.630,
				90.800
				or
				90.820.
Added to NAC by Sec'y of State,
				eff. 4-22-88; A 10-16-89
NRS
				90.750,
				233B.050
Nevada Administrative Code › Chapter 90 - Securities › PROCEEDINGS BEFORE THE ADMINISTRATOR › Section 90.545 - Notice

Current through June 11, 2024
1. Notice of any hearing or opportunity for
				hearing required in a proceeding before the Administrator must be:
(a) Served upon each respondent and any other
				person designated by order of the Administrator, by personal service or by
				certified mail to the last known address of the person; and
(b) If the Administrator by order so directs,
				published at least once in a newspaper of general circulation in the county
				specified by the Administrator.
Nevada Administrative Code › Chapter 90 - Securities › PROCEEDINGS BEFORE THE ADMINISTRATOR › Section 90.550 - Representation by counsel

Current through June 11, 2024
1. Any party to a
				proceeding before the Administrator is entitled to be represented by counsel.
2. Before filing an answer, a
				person who is not a member of the State Bar of Nevada but who is a member in
				good standing and eligible to practice before the bar of any United States
				court or of the highest court of any state, territory or insular possession of
				the United States, and who has been retained to represent a client in a
				proceeding before the Administrator, shall comply with Nevada Supreme Court
				Rule 42, including, without limitation:
(a)
				Filing an application for admittance under the Rule with the Nevada Supreme
				Court;
(b) Associating with an
				active member of the State Bar of Nevada as counsel of record; and
(c) Receiving the approval of the Nevada
				Supreme Court to appear before the Administrator pursuant to the
				Rule.
Nevada Administrative Code › Chapter 90 - Securities › PROCEEDINGS BEFORE THE ADMINISTRATOR › Section 90.555 - Administrator's staff to bring proceeding; respondent

Current through June 11, 2024
1. The
				staff of the Administrator will bring any proceeding before the Administrator
				or his or her representative, may appear at any hearing, and have all rights of
				participation as a party to the proceeding. If counsel is desired, the Attorney
				General will represent the staff.
2. Any party against whom a proceeding is
				brought will be styled a respondent.
Added to NAC by Sec'y of State,
				eff. 4-22-88; A 10-16-89
NRS
				90.750,
				233B.050
Nevada Administrative Code › Chapter 90 - Securities › PROCEEDINGS BEFORE THE ADMINISTRATOR › Section 90.560 - Complaint; answer; setting of hearing

Current through June 11, 2024
1. Initial
				pleadings before the Administrator must be entitled complaint and
				answer.
2. The complaint described
				in subsection 1 must be served with a summons which sets forth:
(a) The location for filing an
				answer;
(b) The person representing
				the Division in the proceedings; and
(c) A statement that:
(1) An answer must be received not later than
				20 days after service of the complaint and summons; and
(2) Failing to answer will result in a
				default order on the complaint and may result in an award of any relief sought
				in the complaint.
Nevada Administrative Code › Chapter 90 - Securities › PROCEEDINGS BEFORE THE ADMINISTRATOR › Section 90.565 - Motions

Current through June 11, 2024
1. Any motion and any reply thereto, except
				for a motion or any reply made during a hearing, must:
(a) Be in writing;
(b) Except in the case of a motion or
				opposition thereto for an extension of time or for additional discovery,
				contain a memorandum of law, describing with particularity the grounds of the
				motion and the relief sought; and
(c) Be served upon each opposing party in the
				manner required by NAC
				90.570.
Nevada Administrative Code › Chapter 90 - Securities › PROCEEDINGS BEFORE THE ADMINISTRATOR › Section 90.570 - Pleading, motion or other paper: Filing of copies; service of documents

Current through June 11, 2024
1. An original and two legible copies of any
				pleading, motion, opposition, reply or other paper must be:
(a) Filed with the Administrator;
				and
(b) Served on all parties to
				the proceeding.
Nevada Administrative Code › Chapter 90 - Securities › PROCEEDINGS BEFORE THE ADMINISTRATOR › Section 90.575 - Discovery

Current through June 11, 2024
1. A party may request discovery by motion. A
				motion for additional discovery must be accompanied by a certificate of the
				moving party or his or her attorney, stating that an attempt has been made to
				obtain the requested discovery through informal means, but that the attempt has
				been unavailing.
2. The
				Administrator may grant or deny discovery, or impose any limitation or
				condition upon discovery, as he or she deems appropriate.
Added to NAC by Sec'y of State,
				eff. 4-22-88; A 10-16-89
NRS
				90.750,
				233B.050
Nevada Administrative Code › Chapter 90 - Securities › PROCEEDINGS BEFORE THE ADMINISTRATOR › Section 90.580 - Location of hearing

Current through June 11, 2024
1. Except as
				otherwise provided in subsection 2, any hearing in a proceeding before the
				Administrator will be held before the Administrator or his or her
				representative at the office of the Administrator or at any other appropriate
				location designated by the Administrator.
2. Any party may, by motion, request that any
				hearing be held at a place in this State other than the office of the
				Administrator or the location designated by the Administrator. No such motion
				will be granted unless the moving party:
(a)
				Agrees to pay any cost associated with the relocation of the hearing;
				and
(b) Deposits with the
				Administrator an amount of money, to be determined by the Administrator,
				sufficient to pay the cost of relocation.
Nevada Administrative Code › Chapter 90 - Securities › PROCEEDINGS BEFORE THE ADMINISTRATOR › Section 90.585 - Conduct of hearing

Current through June 11, 2024
1. The provisions
				of NRS
				233B.121 to
				233B.1235, inclusive, and this
				section will govern the conduct of any hearing on the merits in a proceeding
				before the Administrator.
2. The
				Administrator or his or her representative will call the hearing to order and
				proceed to take the appearances and act upon any pending motions.
3. The staff of the Administrator will first
				introduce evidence sufficient to establish the scope of the hearing and the
				jurisdiction of the Administrator. Evidence will thereafter be presented in the
				order determined by the Administrator or the representative.
4. All testimony to be considered by the
				Administrator or the representative in any hearing, except matters noticed by
				him or her or entered by stipulation, must be sworn testimony.
5. The Administrator or the representative
				may rule on the admission or exclusion of evidence and may take any action
				necessary to assure the fair and orderly conduct of the hearing.
6. Oral proceedings at the hearing will be
				taken down and transcribed by a certified court reporter.
Added to NAC by Sec'y of State,
				eff. 4-22-88; A 10-16-89; A by
				R018-21A,
				eff. 6/2/2023
NRS 90.750,
				233B.050
Nevada Administrative Code › Chapter 90 - Securities › PROCEEDINGS BEFORE THE ADMINISTRATOR › Section 90.590 - Record

Current through June 11, 2024
The
				Administrator will cause a record to be made of the proceeding in accordance
				with the provisions of
				NRS
				233B.121. A party desiring a copy of any
				record or transcript may obtain it from the Administrator by paying the cost of
				preparing the record or transcript.
Added to NAC by Sec'y of State,
				eff. 4-22-88; A 10-16-89
NRS
				90.750,
				233B.050
Nevada Administrative Code › Chapter 90 - Securities › PROCEEDINGS BEFORE THE ADMINISTRATOR › Section 90.595 - Continuance or adjournment of hearing

Current through June 11, 2024
Before or during a hearing, the Administrator
				or his or her representative may, upon proper showing or on his or her own
				motion, continue or adjourn the hearing to a later time or a different
				place.
Added to NAC by Sec'y of State,
				eff. 4-22-88; A 10-16-89
NRS
				90.750,
				233B.050
Nevada Administrative Code › Chapter 90 - Securities › PROCEEDINGS BEFORE THE ADMINISTRATOR › Section 90.600 - Fees of witnesses

Current through June 11, 2024
A witness required to appear at a hearing
				before the Administrator is entitled to receive from the party calling him or
				her the fees and reimbursement for mileage provided to witnesses in civil cases
				pursuant to
				NRS
				50.225.
Added to NAC by Sec'y of State,
				eff. 4-22-88; A 10-16-89
NRS
				90.750,
				233B.050
Nevada Administrative Code › Chapter 90 - Securities › PROCEEDINGS BEFORE THE ADMINISTRATOR › Section 90.605 - Rendering of order or decision; petition for rehearing

Current through June 11, 2024
1. An order or decision on a hearing will be
				rendered within 30 days after the completion of the hearing.
2. Any party aggrieved by a decision of the
				Administrator or his or her representative may file a petition for rehearing as
				provided in this section.
3. A
				petition for rehearing must:
(a) Not exceed 10
				pages in length;
(b) Be filed and
				served upon each opposing party within 15 days after service of the decision;
				and
(c) Set forth with
				particularity each point of law or fact on which the petitioner
				relies.
Nevada Administrative Code › Chapter 90 - Securities › PROCEEDINGS BEFORE THE ADMINISTRATOR › Section 90.610 - Granting or denying petition for rehearing

Current through June 11, 2024
1. If
				a petition for rehearing is granted, the Administrator may reverse or modify
				the decision, order the matter set for hearing, or enter any other order
				appropriate under the circumstances.
2. An order granting or denying a petition
				for rehearing must be filed within 30 days after the filing and service of the
				petition. If a petition for rehearing is granted, a decision on rehearing must
				be filed within 60 days after service of the order granting the petition.
Added to NAC by Sec'y of State,
				eff. 4-22-88; A 10-16-89
NRS
				90.750,
				233B.050
Nevada Administrative Code › Chapter 92A - Mergers, Conversions, Exchanges and Domestications › Section 92A.005 - Electronic filing of records

Current through June 11, 2024
1. The Secretary of State may develop or approve an electronic process for the electronic filing of records authorized or required to be filed with the Secretary of State pursuant to chapter 92A of NRS.
2. If the Secretary of State has developed or approved an electronic process and the electronic process is in place and available for use in the Office of the Secretary of State:
(a) A person may use the electronic process to file with the Secretary of State any record authorized or required to be filed with the Secretary of State pursuant to chapter 92A of NRS; and
(b) The Secretary of State will accept a record filed with the Secretary of State through the use of the electronic process if the record contains all the information required for filing and is accompanied by the appropriate fee and any applicable penalty.
Nevada Administrative Code › Chapter 97 - Contracts for Sale of Vehicles › Section 97.050 - Commissioner of Financial Institutions to prescribe forms for contracts and applications for credit; amendment of forms

Current through June 11, 2024
1. The Commissioner of Financial Institutions will prescribe all forms required pursuant to NRS 97.299 and will make that information available to the public upon request, including, without limitation, on the website that the Commissioner maintains on the Internet or its successor.
2. Notwithstanding the authority granted by subsection 4 of NRS 97.299, the Commissioner of Financial Institutions may provide notice and hold a hearing before altering or amending the forms prescribed pursuant to subsection 1.
Added to NAC by Comm'r of Financial Institutions by R016-10, 12-30-2011, eff. 3-1-2012
NRS 97.299
Nevada Administrative Code › Chapter 104 - Uniform Commercial Code › FILING OF UNIFORM COMMERCIAL CODE DOCUMENT › General Provisions › Section 104.100 - Definitions

Current through June 11, 2024
As used in this chapter, unless the context otherwise requires, the words and terms defined in NAC 104.105 to 104.150, inclusive, have the meanings ascribed to them in those sections.
Added to NAC by Sec'y of State by R084-01, eff. 10-30-2001; A by R072-11, 5-30-2012
NRS 104.9526
Nevada Administrative Code › Chapter 104 - Uniform Commercial Code › FILING OF UNIFORM COMMERCIAL CODE DOCUMENT › General Provisions › Section 104.105 - "Amendment" defined

Current through June 11, 2024
"Amendment" means a UCC document that purports to amend the information contained in a financing statement. The term includes, without limitation, an assignment, a continuation and a termination.
Added to NAC by Sec'y of State by R084-01, eff. 10-30-2001
NRS 104.9526
Nevada Administrative Code › Chapter 104 - Uniform Commercial Code › FILING OF UNIFORM COMMERCIAL CODE DOCUMENT › General Provisions › Section 104.110 - "Assignment" defined

Current through June 11, 2024
"Assignment" means an amendment that purports to assign all or part of the power of a secured party to authorize an amendment to a financing statement.
Added to NAC by Sec'y of State by R084-01, eff. 10-30-2001
NRS 104.9526
Nevada Administrative Code › Chapter 104 - Uniform Commercial Code › FILING OF UNIFORM COMMERCIAL CODE DOCUMENT › General Provisions › Section 104.125 - "Individual" defined

Current through June 11, 2024
"Individual" means a natural person, or the decedent if the debtor is the estate of the decedent.
Added to NAC by Sec'y of State by R084-01, eff. 10-30-2001
NRS 104.9526
Nevada Administrative Code › Chapter 104 - Uniform Commercial Code › FILING OF UNIFORM COMMERCIAL CODE DOCUMENT › General Provisions › Section 104.127 - "Information statement" defined

Current through June 11, 2024
"Information statement" means a UCC document that purports to indicate that a financing statement is inaccurate or wrongfully filed.
(Added to NAC by Sec'y of State by R084-01, eff. 10-30-2011; A by R072-11, 5-30-2012, eff. 7-1-2013)-(Substituted in revision for NAC 104.115 )
NRS 104.9526
Nevada Administrative Code › Chapter 104 - Uniform Commercial Code › FILING OF UNIFORM COMMERCIAL CODE DOCUMENT › General Provisions › Section 104.130 - "Initial financing statement" defined

Current through June 11, 2024
"Initial financing statement" means a UCC document which contains the information required to be included in an initial financing statement and which causes the filing officer to establish the initial record of the existence of a financing statement.
Added to NAC by Sec'y of State by R084-01, eff. 10-30-2001
NRS 104.9526
Nevada Administrative Code › Chapter 104 - Uniform Commercial Code › FILING OF UNIFORM COMMERCIAL CODE DOCUMENT › General Provisions › Section 104.140 - "Remitter" defined

Current through June 11, 2024
1. "Remitter" means a person who tenders a UCC document to the filing officer for filing, whether the person is a filer or an agent or representative of a filer who is responsible for tendering the document for filing.
2. The term does not include a person responsible merely for the delivery of a UCC document to the filing officer, including, without limitation, the United States Postal Service or a courier service.
Added to NAC by Sec'y of State by R084-01, eff. 10-30-2001
NRS 104.9526
Nevada Administrative Code › Chapter 104 - Uniform Commercial Code › FILING OF UNIFORM COMMERCIAL CODE DOCUMENT › General Provisions › Section 104.145 - "UCC" defined

Current through June 11, 2024
"UCC" means the Uniform Commercial Code as adopted in this state.
Added to NAC by Sec'y of State by R084-01, eff. 10-30-2001
NRS 104.9526
Nevada Administrative Code › Chapter 104 - Uniform Commercial Code › FILING OF UNIFORM COMMERCIAL CODE DOCUMENT › General Provisions › Section 104.150 - "UCC document" defined

Current through June 11, 2024
"UCC document" means an initial financing statement, an amendment, an assignment, a continuation statement, a termination statement, a correction statement or an information request. The term is not limited to a written document, but includes a document transmitted electronically or through any other medium authorized by the filing officer.
Added to NAC by Sec'y of State by R084-01, eff. 10-30-2001; A by R072-11, 5-30-2012; R072-11, 5-30-2012, eff. 7-1-2013
NRS 104.9526
Nevada Administrative Code › Chapter 104 - Uniform Commercial Code › FILING OF UNIFORM COMMERCIAL CODE DOCUMENT › General Provisions › Section 104.155 - Duties of filing officer ministerial

Current through June 11, 2024
The duties and responsibilities of the filing officer with respect to the administration of the UCC are ministerial. The acceptance for filing of, or the refusal to file, a UCC document pursuant to NAC 104.100 to 104.375, inclusive, does not:
1. Constitute a determination concerning the legal sufficiency or insufficiency of the UCC document;
2. Constitute a determination that a security interest in collateral exists or does not exist;
3. Constitute a determination that information in the UCC document is correct or incorrect, in whole or in part; or
4. Create a presumption that information in the UCC document is correct or incorrect, in whole or in part.
Added to NAC by Sec'y of State by R084-01, eff. 10-30-2001
NRS 104.9526
Nevada Administrative Code › Chapter 104 - Uniform Commercial Code › FILING OF UNIFORM COMMERCIAL CODE DOCUMENT › Requirements › Section 104.170 - Means of delivery of document to be filed

Current through June 11, 2024
1. A UCC document may be tendered for filing with the filing officer by:
(a) Delivery in person at the street address of the filing officer. The time of filing of a UCC document delivered by this method is the time at which delivery of the UCC document is accepted by the filing officer.
(b) Delivery by a courier at the street address of the filing officer. The time of filing of a UCC document delivered by this method is the earlier of the time the UCC document is first examined by the filing officer for processing or the close of business on the next business day following the time of delivery, regardless of whether the filing office is open for business at the time of delivery.
(c) Delivery by the United States Postal Service at the mailing address of the filing officer. The time of filing of a UCC document delivered by this method is the close of business on the next business day following the time of delivery, regardless of whether the filing office is open for business at the time of delivery.
(d) Delivery by electronic or telephonic transmission to a facsimile machine of the filing officer at the telephone number for the facsimile machine. The time of filing of a UCC document delivered by this method is the earlier of the time the UCC document is first examined by the filing officer for processing or the close of business on the next business day following the time of delivery, regardless of whether the filing office is open for business at the time of delivery.
(e) Delivery by electronic transmission through the website of the secretary of state. The time of filing of a UCC document delivered by this method is the actual time of acceptance of the UCC document by the website, regardless of whether the filing office is open for business at the time of delivery.
Nevada Administrative Code › Chapter 104 - Uniform Commercial Code › FILING OF UNIFORM COMMERCIAL CODE DOCUMENT › Requirements › Section 104.175 - Methods of payment of fees

Current through June 11, 2024
Filing fees and other fees for services concerning public records may be paid by any of the following methods:
1. Cash payments made in legal tender of the United States may be made in person to the cashier at the filing office.
2. A check payable in legal tender of the United States, including a check in an amount to be filled in by the filing officer but not to exceed a specified amount, will be accepted for payment by the filing officer if the check is drawn on a bank acceptable to the filing officer or if the drawer is acceptable to the filing officer. If a check accepted by the filing officer as payment for a filing is returned for insufficient funds, the filing officer will so indicate on the filing and the filing shall be deemed void.
3. The filing officer will accept payment via an electronic funds transfer in accordance with the rules of the National Automated Clearing House Association from a remitter who has entered into an appropriate arrangement for such a transfer that has been approved by the National Automated Clearing House Association and who authorizes the relevant transfer pursuant to that arrangement and those rules.
4. A remitter may open a trust account for the prepayment of filing fees by submitting an application furnished by the filing officer. Filing fees may be prepaid in amounts of not less than $100. The filing officer will issue an account number to be used by a remitter who wishes to pay filing fees in advance. The filing officer will deduct filing fees from the remitter's trust account when authorized to do so by the remitter. The remitter must provide to the filing officer written authorization to use the trust account to pay filing fees.
5. The filing officer will accept payment from a remitter using a credit or debit card issued by a card issuer approved by the filing officer. The remitter must provide the filing officer with the card number, the expiration date of the card, the name of the approved card issuer, the name of the individual to whom or the organization to which the card was issued and the billing address for the card. Such a payment is not tendered until the card issuer or its agent has confirmed to the filing officer that payment will be forthcoming.
Added to NAC by Sec'y of State by R084-01, eff. 10-30-2001
NRS 104.9526
Nevada Administrative Code › Chapter 104 - Uniform Commercial Code › FILING OF UNIFORM COMMERCIAL CODE DOCUMENT › Requirements › Section 104.180 - Acceptable form of document

Current through June 11, 2024
1. The filing officer will only accept a UCC document for filing that is on a form prescribed by the filing officer.
2. The inclusion by a filer of names in an incorrect data-entry field on a form or the failure of a filer to transmit names accurately to the filing officer may cause the filing to be ineffective.
3. All documents submitted by a filer through direct data entry must use the designated name fields.
Added to NAC by Sec'y of State by R084-01, eff. 10-30-2001
NRS 104.9526
Nevada Administrative Code › Chapter 104 - Uniform Commercial Code › FILING OF UNIFORM COMMERCIAL CODE DOCUMENT › Acceptance › Section 104.200 - Refusal to accept document for filing: Grounds

Current through June 11, 2024
1. In addition to the grounds listed in NRS 104.9516 upon which the filing officer may refuse to accept a record, the filing officer will refuse to accept a UCC document if:
(a) The UCC document contains the name or address of more than one secured party or assignee and any part of the name or address of a secured party or assignee is missing or illegible;
(b) An address is not specified in the address field of the form used for filing the UCC document; or
(c) The UCC document is an amendment form that includes more than one filing action.