2005 Nevada Revised Statutes - Chapter 645A — Escrow Agencies and Agents

CHAPTER 645A - ESCROW AGENCIES AND AGENTS

GENERAL PROVISIONS

NRS 645A.010 Definitions.

NRS 645A.015 Applicability.

LICENSES

NRS 645A.020 Application:Requirements; issuance; restriction.

NRS 645A.025 Paymentof child support: Submission of certain information by applicant; grounds fordenial of license; duty of Commissioner. [Effective until the date of therepeal of the federal law requiring each state to establish procedures for withholding,suspending and restricting the professional, occupational and recreationallicenses for child support arrearages and for noncompliance with certainprocesses relating to paternity or child support proceedings.]

NRS 645A.025 Paymentof child support: Submission of certain information by applicant; grounds fordenial of license; duty of Commissioner. [Effective on the date of the repealof the federal law requiring each state to establish procedures forwithholding, suspending and restricting the professional, occupational andrecreational licenses for child support arrearages and for noncompliance withcertain processes relating to paternity or child support proceedings andexpires by limitation 2 years after that date.]

NRS 645A.032 Contentsof license; escrow agent may associate with only one escrow agency at one time.

NRS 645A.034 Deliveryand possession of license of escrow agent; display of licenses.

NRS 645A.036 Specificationof place of business required for escrow agency; designation in license;effect.

NRS 645A.037 Prohibitionon administering escrows in same location as or in conjunction with otherbusinesses; exceptions.

NRS 645A.038 Licensenot transferable.

NRS 645A.040 Expiration;renewal; fees; deposit of money received.

SURETY BONDS

NRS 645A.041 Dutyof escrow agency to deposit surety bond with Commissioner; escrow agents mustbe named as principals on bond; form and amount of bond.

NRS 645A.042 Escrowagency may deposit substitute form of security in lieu of surety bond; amountdeposited must equal amount of bond; interest or dividends accrue to depositor.

NRS 645A.043 Cancellationof bond: Notices required; revocation of license unless equivalent bond orsubstitute form of security furnished.

NRS 645A.047 Actionon bond: Procedure; limitation of time; duties of Commissioner; preliminarypayment by surety; action for interpleader; payment.

SUPERVISION; DISCIPLINARY ACTION

NRS 645A.050 Dutiesof Commissioner.

NRS 645A.060 Powersof Commissioner: Subpoenas, oaths and examination of witnesses; penalty.

NRS 645A.065 Feesfor supervision and examination of agencies; standards for supervision ofescrow agents.

NRS 645A.067 Paymentof assessment and cooperation in audits and examinations.

NRS 645A.070 Recordsof transactions in escrow: Maintenance; filing.

NRS 645A.080 Recordsof Commissioner: General provisions governing public inspection andconfidentiality.

NRS 645A.082 Recordsof Commissioner: Certain records relating to investigation deemed confidential;certain records relating to disciplinary action deemed public records.

NRS 645A.085 Changein ownership of voting stock of escrow agency.

NRS 645A.090 Groundsfor refusal to issue license or for disciplinary action; orders imposingdiscipline deemed public records.

NRS 645A.095 Suspensionof license for failure to pay child support or comply with certain subpoenas orwarrants; reinstatement of license. [Expires by limitation 2 years after thedate of the repeal of the federal law requiring each state to establishprocedures for withholding, suspending and restricting the professional,occupational and recreational licenses for child support arrearages and fornoncompliance with certain processes relating to paternity or child supportproceedings.]

NRS 645A.100 Noticeof refusal to issue license or of disciplinary action; hearing; limitation ontime to apply for hearing.

NRS 645A.110 Investigationby Commissioner; powers of Commissioner; injunctive relief; enforcement ofsubpoenas.

NRS 645A.130 Proceduresfollowing decision on appeal.

NRS 645A.140 Powersof Commissioner when agencys affairs in unsafe condition.

NRS 645A.150 Receivership.

MONEY DEPOSITED IN ESCROW

General Provisions

NRS 645A.160 Moneydeposited in escrow must be deposited in escrow or trust account.

NRS 645A.170 Limitationson execution or attachment of money deposited in escrow; comminglingprohibited.

 

Escrows for the Sale of Real Property

NRS 645A.173 Dutyto record certain information concerning real estate brokers and salesman,mortgage brokers and mortgage bankers.

NRS 645A.175 Dutyto execute documents necessary to release money deposited in escrow; exceptionfor good faith disputes; recovery of damages for failure to execute; award ofattorneys fees.

NRS 645A.177 Actionto recover money deposited in escrow; discharge from further responsibility forholder of escrow; right of holder to bring action for interpleader.

MISCELLANEOUS PROVISIONS

NRS 645A.193 AttorneyGeneral to represent Division.

NRS 645A.196 Terminationof employment of escrow agent: Duties of escrow agency; prohibited actions.

NRS 645A.199 Proofof licensure required in action for collection of compensation.

NRS 645A.200 Statutoryand common-law rights unaffected.

UNLAWFUL ACTS; PENALTIES

NRS 645A.210 Unlawfulto engage in escrow business without license.

NRS 645A.220 Transactionsby foreign corporations.

NRS 645A.224 Employeeof Division prohibited from interest in escrow agency.

NRS 645A.225 Chargefor statement of interest payments prohibited.

NRS 645A.230 Penaltiesfor violations.

_________

 

GENERAL PROVISIONS

NRS 645A.010 Definitions. As used in this chapter, unless the context otherwiserequires:

1. Commissioner means the Commissioner of MortgageLending.

2. Division means the Division of Mortgage Lendingof the Department of Business and Industry.

3. Escrow means any transaction wherein one person,for the purpose of effecting the sale, transfer, encumbering or leasing of realor personal property to another person, delivers any written instrument, money,evidence of title to real or personal property, or other thing of value to athird person until the happening of a specified event or the performance of aprescribed condition, when it is then to be delivered by such third person to agrantee, grantor, promisee, promisor, obligee, obligor, bailee, bailor or anyagent or employee of any of the latter. The term includes the collection ofpayments and the performance of related services by a third person inconnection with a loan secured by a lien on real property.

4. Escrow agency means:

(a) Any person who employs one or more escrow agents;or

(b) An escrow agent who administers escrows on his ownbehalf.

5. Escrow agent means any person engaged in thebusiness of administering escrows for compensation.

(Added to NRS by 1973, 1305; A 1985, 536, 1809; 1991,1847; 1993, 1891; 2003,3539)

NRS 645A.015 Applicability. The provisions of this chapter do not apply to:

1. Any person:

(a) Doing business under the laws of this State or theUnited States relating to banks, mutual savings banks, trust companies, savingsand loan associations, common and consumer finance companies or industrial loancompanies; or

(b) Licensed pursuant to chapter692A of NRS.

2. An attorney at law rendering services in theperformance of his duties as attorney at law, except an attorney activelyengaged in conducting an escrow agency.

3. Any firm or corporation which lends money on realor personal property and is subject to licensing, supervision or auditing by anagency of the United States or of this State.

4. Any person doing any act under order of any court.

(Added to NRS by 1973, 1312; A 1985, 1818; 1987,1314)

LICENSES

NRS 645A.020 Application:Requirements; issuance; restriction.

1. A person who wishes to be licensed as an escrowagent or agency must file a written application in the Office of theCommissioner.

2. The application must:

(a) Be verified.

(b) Be accompanied by the appropriate fee prescribed inNRS 645A.040.

(c) State the location of the applicants principaloffice and branch offices in the State and residence address.

(d) State the name under which the applicant willconduct business.

(e) List the names, residence and business addresses ofall persons having an interest in the business as principals, partners,officers, trustees or directors, specifying the capacity and title of each.

(f) Indicate the general plan and character of thebusiness.

(g) State the length of time the applicant has beenengaged in the escrow business.

(h) Require a financial statement of the applicant.

(i) Require such other information as the Commissionerdetermines necessary.

(j) If for an escrow agency, designate a natural personto receive service of process in this State for the agency.

(k) Include all information required to complete theapplication.

3. If the Commissioner determines, afterinvestigation, that the experience, character, financial condition, businessreputation and general fitness of the applicant are such as to command theconfidence of the public and to warrant the belief that the business conductedwill protect and safeguard the public, he shall issue a license to theapplicant as an escrow agent or agency.

4. The Commissioner may waive the investigationrequired by subsection 3 if the applicant submits with his applicationsatisfactory proof that he, in good standing, currently holds a license, orheld a license, within 1 year before the date he submits his application,which was issued pursuant to the provisions of NRS 692A.103.

5. An escrow agent or agency shall immediately notifythe Division of any material change in the information contained in theapplication.

6. A person may not be licensed as an escrow agent oragency or be a principal officer, director or trustee of an escrow agency if heis the holder of an active license issued pursuant to chapter 645 of NRS.

(Added to NRS by 1973, 1306; A 1985, 1810; 1987, 117;1991, 1848; 1995, 1003; 1997, 2169; 2005, 2779, 2807)

NRS 645A.025 Paymentof child support: Submission of certain information by applicant; grounds fordenial of license; duty of Commissioner. [Effective until the date of therepeal of the federal law requiring each state to establish procedures forwithholding, suspending and restricting the professional, occupational andrecreational licenses for child support arrearages and for noncompliance withcertain processes relating to paternity or child support proceedings.]

1. Inaddition to any other requirements set forth in this chapter:

(a) Anatural person who applies for the issuance of a license as an escrow agent orescrow agency shall include the social security number of the applicant in theapplication submitted to the Commissioner.

(b) A natural person who applies for the issuance orrenewal of a license as an escrow agent or escrow agency shall submit to theCommissioner the statement prescribed by the Division of Welfare and SupportiveServices of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be completedand signed by the applicant.

2. The Commissioner shall include the statementrequired pursuant to subsection 1 in:

(a) The application or any other forms that must besubmitted for the issuance or renewal of the license; or

(b) A separate form prescribed by the Commissioner.

3. A license as an escrow agent or escrow agency maynot be issued or renewed by the Commissioner if the applicant is a naturalperson who:

(a) Fails to submit the statement required pursuant tosubsection 1; or

(b) Indicates on the statement submitted pursuant tosubsection 1 that he is subject to a court order for the support of a child andis not in compliance with the order or a plan approved by the district attorneyor other public agency enforcing the order for the repayment of the amount owedpursuant to the order.

4. If an applicant indicates on the statementsubmitted pursuant to subsection 1 that he is subject to a court order for thesupport of a child and is not in compliance with the order or a plan approvedby the district attorney or other public agency enforcing the order for therepayment of the amount owed pursuant to the order, the Commissioner shalladvise the applicant to contact the district attorney or other public agencyenforcing the order to determine the actions that the applicant may take tosatisfy the arrearage.

(Added to NRS by 1997, 2168; A 2005, 2779, 2807)

NRS 645A.025 Payment of child support: Submissionof certain information by applicant; grounds for denial of license; duty ofCommissioner. [Effective on the date of the repeal of the federal law requiringeach state to establish procedures for withholding, suspending and restrictingthe professional, occupational and recreational licenses for child supportarrearages and for noncompliance with certain processes relating to paternityor child support proceedings and expires by limitation 2 years after that date.]

1. In addition to any other requirements set forth inthis chapter, a natural person who applies for the issuance or renewal of alicense as an escrow agent or escrow agency shall submit to the Commissionerthe statement prescribed by the Division of Welfare and Supportive Services ofthe Department of Health and Human Services pursuant to NRS 425.520. The statement must becompleted and signed by the applicant.

2. The Commissioner shall include the statementrequired pursuant to subsection 1 in:

(a) The application or any other forms that must besubmitted for the issuance or renewal of the license; or

(b) A separate form prescribed by the Commissioner.

3. A license as an escrow agent or escrow agency maynot be issued or renewed by the Commissioner if the applicant is a naturalperson who:

(a) Fails to submit the statement required pursuant tosubsection 1; or

(b) Indicates on the statement submitted pursuant tosubsection 1 that he is subject to a court order for the support of a child andis not in compliance with the order or a plan approved by the district attorneyor other public agency enforcing the order for the repayment of the amount owedpursuant to the order.

4. If an applicant indicates on the statementsubmitted pursuant to subsection 1 that he is subject to a court order for thesupport of a child and is not in compliance with the order or a plan approvedby the district attorney or other public agency enforcing the order for therepayment of the amount owed pursuant to the order, the Commissioner shalladvise the applicant to contact the district attorney or other public agencyenforcing the order to determine the actions that the applicant may take tosatisfy the arrearage.

(Added to NRS by 1997, 2168; A 2005, 2779, 2780, 2807, effective onthe date of the repeal of the federal law requiring each state to establishprocedures for withholding, suspending and restricting the professional,occupational and recreational licenses for child support arrearages and fornoncompliance with certain processes relating to paternity or child supportproceedings)

NRS 645A.032 Contentsof license; escrow agent may associate with only one escrow agency at one time.

1. The Division shall issue to each licensee a licensewhich:

(a) Shows the name and address of the licensee, and inthe case of an escrow agent, the name of the escrow agency with whom he will beassociated.

(b) Has imprinted thereon the seal of the Division.

(c) Contains any additional matter prescribed by theDivision.

2. No escrow agent may be associated with or employedby more than one escrow agency at the same time.

(Added to NRS by 1985, 1807)

NRS 645A.034 Deliveryand possession of license of escrow agent; display of licenses.

1. The license of each escrow agent must be deliveredor mailed to the escrow agency with whom the licensee is associated and kept inthe custody and control of the escrow agency.

2. The license of each escrow agency and of eachescrow agent associated with that agency must be displayed conspicuously in theagencys place of business. If an escrow agency maintains more than one placeof business within the State, an additional license must be issued to eachbranch office so maintained, and the additional license must be displayedconspicuously in each branch office.

(Added to NRS by 1985, 1807)

NRS 645A.036 Specificationof place of business required for escrow agency; designation in license;effect.

1. Every escrow agency shall maintain a definite placeof business within the State, which must be a room or rooms used for thetransaction of escrows, or such business and any allied businesses, and whichmust serve as the office for the transaction of business pursuant to theauthority granted in the license.

2. The place of business must be specified in theapplication for the license and so designated on the license.

3. A license does not authorize the licensee totransact business from any office other than that designated in the license.

(Added to NRS by 1985, 1807)

NRS 645A.037 Prohibitionon administering escrows in same location as or in conjunction with otherbusinesses; exceptions.

1. Except as otherwise provided in subsection 2, alicensee may not conduct the business of administering escrows for compensationwithin any office, suite, room or place of business in which any other businessis solicited or engaged in, except a notary public, or in association orconjunction with any other business, unless authority to do so is given by theCommissioner.

2. A licensee may conduct the business ofadministering escrows pursuant to this chapter in the same office or place ofbusiness as a mortgage banker if:

(a) The licensee and the mortgage banker:

(1) Operate as separate legal entities;

(2) Maintain separate accounts, books andrecords;

(3) Are subsidiaries of the same parent corporation;and

(4) Maintain separate licenses; and

(b) The mortgage banker is licensed by this statepursuant to chapter 645E of NRS and does notconduct any business as a mortgage broker licensed pursuant to chapter 645B of NRS in the office or place ofbusiness.

(Added to NRS by 1993, 503; A 1999, 3764; 2003, 3540)

NRS 645A.038 Licensenot transferable. A license issued pursuant tothe provisions of this chapter does not give authority to perform any actspecified in this chapter to any person other than the person to whom thelicense is issued, or from any place of business other than that specifiedtherein.

(Added to NRS by 1985, 1807)

NRS 645A.040 Expiration;renewal; fees; deposit of money received.

1. Every license issued pursuant to the provisions ofthis chapter expires on July 1 of each year if it is not renewed. A license maybe renewed by filing an application for renewal, paying the annual feefor the succeeding year and submitting all information required to complete therenewal.

2. The fees for the issuance or renewal of a licensefor an escrow agency are:

(a) For filing an application for an initial license,$500 for the principal office and $100 for each branch office.

(b) If the license is approved for issuance, $200 forthe principal office and $100 for each branch office. The fee must be paid beforeissuance of the license.

(c) For filing an application for renewal, $200 for theprincipal office and $100 for each branch office.

3. The fees for the issuance or renewal of a licensefor an escrow agent are:

(a) For filing an application for an initial license orfor the renewal of a license, $100.

(b) If a license is approved for issuance or renewal,$25. The fee must be paid before the issuance or renewal of the license.

4. If a licensee fails to pay the fee or submit allrequired information for the annual renewal of his license before itsexpiration, his license may be renewed only upon the payment of a fee one andone-half times the amount otherwise required for renewal. A license may berenewed pursuant to this subsection only if all the fees are paid and allrequired information is submitted within 1 year after the date on which thelicense expired.

5. In addition to the other fees set forth in thissection, each applicant or licensee shall pay:

(a) For filing an application for a duplicate copy ofany license, upon satisfactory showing of its loss, $10.

(b) For filing any change of information contained inthe application, $10.

(c) For each change of association with an escrowagency, $25.

6. Except as otherwise provided in this chapter, allfees received pursuant to this chapter must be deposited in the Fund forMortgage Lending created by NRS 645F.270.

(Added to NRS by 1973, 1307; A 1985, 1811; 1993, 504;1995, 1005; 1997, 2170; 2003, 3228, 3540; 2003, 20thSpecial Session, 265; 2005, 2781, 2807, 2817)

SURETY BONDS

NRS 645A.041 Dutyof escrow agency to deposit surety bond with Commissioner; escrow agents mustbe named as principals on bond; form and amount of bond.

1. Except as otherwise provided in NRS 645A.042, as a condition to doingbusiness in this State, each escrow agency shall deposit with the Commissionerand keep in full force and effect a corporate surety bond payable to the Stateof Nevada, in the amount set forth in subsection 4, which is executed by a corporatesurety satisfactory to the Commissioner and which names as principals theescrow agency and all escrow agents employed by or associated with the escrowagency.

2. At the time of filing an application for a licenseas an escrow agent, the applicant shall file with the Commissioner proof thatthe applicant is named as a principal on the corporate surety bond depositedwith the Commissioner by the escrow agency with whom he is associated oremployed.

3. The bond must be in substantially the followingform:

 

Know All Men by These Presents, that........................, as principal, and ........................, assurety, are held and firmly bound unto the State of Nevada for the use andbenefit of any person who suffers damages because of a violation of any of theprovisions of chapter 645A of NRS, in thesum of ............, lawful money of the United States, to be paid to the Stateof Nevada for such use and benefit, for which payment well and truly to bemade, and that we bind ourselves, our heirs, executors, administrators,successors and assigns, jointly and severally, firmly by these presents.

The condition of that obligation is such that: Whereas,the principal has been issued a license as an escrow agency or escrow agent bythe Commissioner of Financial Institutions of the Department of Business andIndustry of the State of Nevada and is required to furnish a bond, which isconditioned as set forth in this bond:

Now, therefore, if the principal, his agents andemployees, strictly, honestly and faithfully comply with the provisions of chapter 645A of NRS, and pay all damagessuffered by any person because of a violation of any of the provisions of chapter 645A of NRS, or by reason of any fraud,dishonesty, misrepresentation or concealment of material facts growing out ofany transaction governed by the provisions of chapter645A of NRS, then this obligation is void; otherwise it remains in fullforce.

This bond becomes effective on the ..........(day) of................(month) of ......(year), and remains in force until the suretyis released from liability by the Commissioner of Financial Institutions oruntil this bond is cancelled by the surety. The surety may cancel this bond andbe relieved of further liability hereunder by giving 60 days written notice tothe principal and to the Commissioner of Financial Institutions of theDepartment of Business and Industry of the State of Nevada.

In Witness Whereof, the seal and signature of theprincipal hereto is affixed, and the corporate seal and the name of the suretyhereto is affixed and attested by its authorized officers at........................, Nevada, this .............(day) of................(month) of ....(year).

 

............................................................................. (Seal)

Principal

............................................................................. (Seal)

Surety

By..........................................................

Attorney-in-fact

...............................................................

Licensedresident agent

 

4. Each escrow agency shall deposit a corporate suretybond that complies with the provisions of this section or a substitute form ofsecurity that complies with the provisions of NRS 645A.042 in the following amountbased upon the average monthly balance of the trust account or escrow accountmaintained by the escrow agency pursuant to NRS645A.160:

 

AVERAGE MONTHLY BALANCE AMOUNTOF BOND OR

SECURITYREQUIRED

$50,000 or less.................................................................................................... $20,000

More than $50,000 but not more than$250,000.............................................. 50,000

More than $250,000 but not more than$500,000.......................................... 100,000

More than $500,000 but not more than$750,000.......................................... 150,000

More than $750,000 but not more than$1,000,000....................................... 200,000

More than $1,000,000........................................................................................ 250,000

 

The Commissioner shall determine the appropriate amount ofthe surety bond or substitute form of security that must be deposited initiallyby the escrow agency based upon the expected average monthly balance of thetrust account or escrow account maintained by the escrow agency pursuant to NRS 645A.160. After the initial deposit,the Commissioner shall, on a semiannual basis, determine the appropriate amountof the surety bond or substitute form of security that must be deposited by theescrow agency based upon the average monthly balance of the trust account orescrow account maintained by the escrow agency pursuant to NRS 645A.160.

(Added to NRS by 1973, 1306; A 1985, 1810; 1991,1849; 1993, 503, 1891; 1995, 527, 1004; 1999, 3762; 2001, 282)

NRS 645A.042 Escrowagency may deposit substitute form of security in lieu of surety bond; amountdeposited must equal amount of bond; interest or dividends accrue to depositor.

1. As a substitute for the surety bond required by NRS 645A.041, an escrow agency may, inaccordance with the provisions of this section, deposit with any bank or trustcompany authorized to do business in this state, in a form approved by theCommissioner:

(a) An obligation of a bank, savings and loanassociation, thrift company or credit union licensed to do business in thisstate;

(b) Bills, bonds, notes, debentures or other obligationsof the United States or any agency or instrumentality thereof, or guaranteed bythe United States; or

(c) Any obligation of this state or any city, county,town, township, school district or other instrumentality of this state, orguaranteed by this state.

2. The obligations of a bank, savings and loanassociation, thrift company or credit union must be held to secure the sameobligation as would the surety bond. With the approval of the Commissioner, thedepositor may substitute other suitable obligations for those deposited whichmust be assigned to the State of Nevada and are negotiable only upon approvalby the Commissioner.

3. Any interest or dividends earned on the depositaccrue to the account of the depositor.

4. The deposit must be in an amount at least equal tothe required surety bond and must state that the amount may not be withdrawnexcept by direct and sole order of the Commissioner. The value of any itemdeposited pursuant to this section must be based upon principal amount ormarket value, whichever is lower.

(Added to NRS by 1995, 1002; A 1999, 3764)(Substitutedin revision for NRS 645A.031)

NRS 645A.043 Cancellationof bond: Notices required; revocation of license unless equivalent bond orsubstitute form of security furnished.

1. The surety may cancel a bond upon giving 60 daysnotice to the Commissioner by certified mail. Upon receipt by the Commissionerof such a notice, the Commissioner immediately shall notify the licensee who isthe principal on the bond of the effective date of cancellation of the bond,and that his license will be revoked unless he furnishes an equivalent bond ora substitute form of security authorized by NRS645A.042 before the effective date of the cancellation. The notice must besent to the licensee by certified mail to his last address of record filed inthe office of the Division.

2. If the licensee does not comply with therequirements set out in the notice from the Commissioner, his license must berevoked on the date the bond is cancelled.

(Added to NRS by 1985, 1808; A 1991, 1850; 1995, 1006)

NRS 645A.047 Actionon bond: Procedure; limitation of time; duties of Commissioner; preliminarypayment by surety; action for interpleader; payment.

1. Any person claiming against a bond may bring anaction in a court of competent jurisdiction on the bond for damages to theextent covered by the bond. A person who brings an action on a bond shallnotify the Commissioner in writing upon filing the action. An action may not becommenced after the expiration of 3 years following the commission of the acton which the action is based.

2. Upon receiving a request from a person for whosebenefit a bond is required, the Commissioner shall notify him:

(a) That a bond is in effect and the amount of thebond; and

(b) If there is an action against the bond, the title,court and case number of the action and the amount sought by the plaintiff.

3. If a surety wishes to make payment without awaitingaction by a court, the amount of the bond must be reduced to the extent of anypayment made by the surety in good faith under the bond. Any payment must bebased on written claims received by the surety before any action is taken by acourt.

4. The surety may bring an action for interpleaderagainst all claimants upon the bond. If it does so, it shall publish notice ofthe action at least once each week for 2 weeks in every issue of a newspaper ofgeneral circulation in the county where the escrow agent or agency has itsprincipal place of business. The surety may deduct its costs of the action,including attorneys fees and publication, from its liability under the bond.

5. Claims against a bond have equal priority, and ifthe bond is insufficient to pay all claims in full, they must be paid on a prorata basis. Partial payment of claims is not full payment, and any claimant maybring an action against the escrow agent or agency for the unpaid balance.

(Added to NRS by 1985, 1809; A 1991, 1850)

SUPERVISION; DISCIPLINARY ACTION

NRS 645A.050 Dutiesof Commissioner.

1. Subject to the administrative control of theDirector of the Department of Business and Industry, the Commissioner shallexercise general supervision and control over escrow agents and agencies doingbusiness in the State of Nevada.

2. In addition to the other duties imposed upon him bylaw, the Commissioner shall:

(a) Adopt such regulations as may be necessary formaking this chapter effective.

(b) Conduct or cause to be conducted each year anexamination of each escrow agency licensed pursuant to this chapter.

(c) Conduct such investigations as may be necessary todetermine whether any person has violated any provision of this chapter.

(d) Conduct such examinations, investigations andhearings, in addition to those specifically provided for by law, as may benecessary and proper for the efficient administration of the laws of this Staterelating to escrow.

(e) Classify as confidential the financial statementsof an escrow agency and those records and information obtained by the Divisionwhich:

(1) Are obtained from a governmental agency uponthe express condition that they remain confidential.

(2) Except as otherwise provided in NRS 645A.082, consist of informationcompiled by the Division in the investigation of possible violations of thischapter.

Thisparagraph does not limit examination by the Legislative Auditor or any otherperson pursuant to a court order.

3. An escrow agency may engage a certified publicaccountant to perform such an examination in lieu of the Division. In such acase, the examination must be equivalent to the type of examination made by theDivision and the expense must be borne by the escrow agency being examined.

4. The Commissioner shall determine whether anexamination performed by an accountant pursuant to subsection 3 is equivalentto an examination conducted by the Division. The Commissioner may examine anyarea of the operation of an escrow agency if the Commissioner determines thatthe examination of that area is not equivalent to an examination conducted bythe Division.

(Added to NRS by 1973, 1308; A 1985, 1812; 1991,1850; 1993, 1892; 2003,3466)

NRS 645A.060 Powersof Commissioner: Subpoenas, oaths and examination of witnesses; penalty.

1. In the conduct of any examination, investigation orhearing, the Commissioner may:

(a) Compel the attendance of any person by subpoena.

(b) Administer oaths.

(c) Examine any person under oath concerning thebusiness and conduct of affairs of any person subject to the provisions of thischapter, and in connection therewith require the production of any books,records or papers relevant to the inquiry.

2. Every person subpoenaed pursuant to the provisionsof this section who willfully refuses or willfully neglects to appear at thetime and place named in the subpoena or to produce books, records or papersrequired by the Commissioner, or who refuses to be sworn or answer as awitness, is guilty of a misdemeanor.

(Added to NRS by 1973, 1308; A 1991, 1851)

NRS 645A.065 Feesfor supervision and examination of agencies; standards for supervision ofescrow agents.

1. The Commissioner shall establish by regulation thefees to be paid by escrow agencies for the supervision and examination of suchagencies by the Commissioner or the Division.

2. In establishing the fees, the Commissioner shallconsider:

(a) The complexity of the various examinations to whichthe fees apply;

(b) The skill required to conduct such examinations;

(c) The expenses associated with conducting suchexaminations and preparing reports; and

(d) Any other factors the Commissioner deems relevant.

3. The Commissioner shall adopt regulationsprescribing the standards for determining whether an escrow agency hasmaintained adequate supervision of an escrow agent pursuant to the provisionsof this chapter.

(Added to NRS by 1991, 1847)

NRS 645A.067 Paymentof assessment and cooperation in audits and examinations. Each escrow agency shall pay the assessment levied by theCommissioner and cooperate fully with the audits and examinations performedpursuant to NRS 645F.180.

(Added to NRS by 1993, 503; A 2003, 3542)

NRS 645A.070 Recordsof transactions in escrow: Maintenance; filing.

1. All escrow agents and agencies shall maintain, fora period of not less than 6 years, complete and suitable records of all escrowtransactions made by them. A record of a transaction must be maintained in thecounty in which the property to which it relates is located if the agent oragency maintains a place of business in that county. If a place of business isnot maintained in that county, the record must be maintained in the agents oragencys principal place of business.

2. Every escrow agent and agency shall, at the timesrequired by the Commissioner, file in the Office of the Commissioner a correctstatement, in the form and containing the data the Commissioner may require, ofthe business of the agent or agency.

(Added to NRS by 1973, 1307; A 1985, 1813; 1989, 584;1991, 1851; 1993, 505)

NRS 645A.080 Recordsof Commissioner: General provisions governing public inspection andconfidentiality. Except as otherwise providedby law, all papers, documents, reports and other written instruments filed withthe Commissioner pursuant to this chapter are open to public inspection, exceptthat the Commissioner may withhold from public inspection for such time as heconsiders necessary any information which in his judgment the public welfare orthe welfare of any escrow agent or agency requires to be so withheld.

(Added to NRS by 1973, 1312; A 1985, 1813; 1991,1852)

NRS 645A.082 Recordsof Commissioner: Certain records relating to investigation deemed confidential;certain records relating to disciplinary action deemed public records.

1. Except as otherwise provided in this section, acomplaint filed with the Commissioner, all documents and other informationfiled with the complaint and all documents and other information compiled as aresult of the investigation conducted to determine whether to initiatedisciplinary action are confidential.

2. The complaint or other document filed by theCommissioner to initiate disciplinary action and all documents and informationconsidered by the Commissioner when determining whether to impose disciplineare public records.

(Added to NRS by 2003, 3466)

NRS 645A.085 Changein ownership of voting stock of escrow agency.

1. An escrow agency shall immediately notify theCommissioner of any change in the ownership of 5 percent or more of itsoutstanding voting stock.

2. An application must be submitted to theCommissioner, pursuant to NRS 645A.020,by a person who acquires:

(a) At least 25 percent of the outstanding voting stockof an escrow agency; or

(b) Any outstanding voting stock of an escrow agency ifthe change will result in a change in the control of the escrow agency.

3. Except as otherwise provided in subsection 5, theCommissioner shall conduct an investigation to determine whether the applicanthas the experience, character, financial condition, business reputation andgeneral fitness to command the confidence of the public and to warrant thebelief that the business conducted will protect and safeguard the public. Ifthe Commissioner denies the application, he may forbid the applicant fromparticipating in the business of the escrow agency.

4. The escrow agency with which the applicant isaffiliated shall pay a portion of the cost of the investigation as theCommissioner requires. All money received by the Commissioner pursuant to thissection must be deposited in the Fund for Mortgage Lending created by NRS 645F.270.

5. An escrow agency may submit a written request tothe Commissioner to waive an investigation pursuant to subsection 3. TheCommissioner may grant a waiver if the applicant has undergone a similarinvestigation by a state or federal agency in connection with the licensing ofor his employment with a financial institution.

(Added to NRS by 1993, 502; A 2003, 3542)

NRS 645A.090 Groundsfor refusal to issue license or for disciplinary action; orders imposingdiscipline deemed public records.

1. The Commissioner may refuse to license any escrowagent or agency or may suspend or revoke any license or impose a fine of notmore than $500 for each violation by entering an order to that effect, with hisfindings in respect thereto, if upon a hearing, it is determined that theapplicant or licensee:

(a) In the case of an escrow agency, is insolvent;

(b) Has violated any provision of this chapter or anyregulation adopted pursuant thereto or has aided and abetted another to do so;

(c) In the case of an escrow agency, is in such afinancial condition that he cannot continue in business with safety to hiscustomers;

(d) Has committed fraud in connection with anytransaction governed by this chapter;

(e) Has intentionally or knowingly made anymisrepresentation or false statement to, or concealed any essential or materialfact from, any principal or designated agent of a principal in the course ofthe escrow business;

(f) Has intentionally or knowingly made or caused to bemade to the Commissioner any false representation of a material fact or hassuppressed or withheld from the Commissioner any information which theapplicant or licensee possesses;

(g) Has failed without reasonable cause to furnish tothe parties of an escrow their respective statements of the settlement within areasonable time after the close of escrow;

(h) Has failed without reasonable cause to deliver,within a reasonable time after the close of escrow, to the respective partiesof an escrow transaction any money, documents or other properties held inescrow in violation of the provisions of the escrow instructions;

(i) Has refused to permit an examination by theCommissioner of his books and affairs or has refused or failed, within areasonable time, to furnish any information or make any report that may berequired by the Commissioner pursuant to the provisions of this chapter;

(j) Has been convicted of a felony relating to thepractice of escrow agents or agencies or any misdemeanor of which an essentialelement is fraud;

(k) In the case of an escrow agency, has failed tomaintain complete and accurate records of all transactions within the last 6years;

(l) Has commingled the money of others with his own orconverted the money of others to his own use;

(m) Has failed, before the close of escrow, to obtainwritten escrow instructions concerning any essential or material fact orintentionally failed to follow the written instructions which have been agreedupon by the parties and accepted by the holder of the escrow;

(n) Has failed to disclose in writing that he is actingin the dual capacity of escrow agent or agency and undisclosed principal in anytransaction; or

(o) In the case of an escrow agency, has:

(1) Failed to maintain adequate supervision ofan escrow agent; or

(2) Instructed an escrow agent to commit an actwhich would be cause for the revocation of the escrow agents license and theescrow agent committed the act. An escrow agent is not subject to disciplinaryaction for committing such an act under instruction by the escrow agency.

2. It is sufficient cause for the imposition of a fineor the refusal, suspension or revocation of the license of a partnership,corporation or any other association that any member of the partnership or anyofficer or director of the corporation or association has been guilty of anyact or omission which would be cause for such action had the applicant orlicensee been a natural person.

3. The Commissioner may suspend any license for notmore than 30 days, pending a hearing, if upon examination into the affairs ofthe licensee it is determined that any of the grounds enumerated in subsection1 or 2 exist.

4. The Commissioner may refuse to issue a license toany person who, within 10 years before the date of applying for a currentlicense, has had suspended or revoked a license issued pursuant to this chapteror a comparable license issued by any other state, district or territory of theUnited States or any foreign country.

5. An order that imposes discipline and the findingsof fact and conclusions of law supporting that order are public records.

(Added to NRS by 1973, 1308; A 1985, 1813; 1991,1852; 1993, 505; 2003,2719, 3467)

NRS 645A.095 Suspensionof license for failure to pay child support or comply with certain subpoenas orwarrants; reinstatement of license. [Expires by limitation 2 years after thedate of the repeal of the federal law requiring each state to establishprocedures for withholding, suspending and restricting the professional,occupational and recreational licenses for child support arrearages and fornoncompliance with certain processes relating to paternity or child supportproceedings.]

1. If the Commissioner receives a copy of a courtorder issued pursuant to NRS 425.540that provides for the suspension of all professional, occupational and recreationallicenses, certificates and permits issued to a person who is the holder of a licenseas an escrow agent or escrow agency, the Commissioner shall deem the licenseissued to that person to be suspended at the end of the 30th day after the dateon which the court order was issued unless the Commissioner receives a letterissued to the holder of the license by the district attorney or other publicagency pursuant to NRS 425.550 statingthat the holder of the license has complied with the subpoena or warrant or hassatisfied the arrearage pursuant to NRS425.560.

2. The Commissioner shall reinstate a license as anescrow agent or escrow agency that has been suspended by a district court pursuantto NRS 425.540 if the Commissionerreceives a letter issued by the district attorney or other public agencypursuant to NRS 425.550 to the personwhose license was suspended stating that the person whose license was suspendedhas complied with the subpoena or warrant or has satisfied the arrearagepursuant to NRS 425.560.

(Added to NRS by 1997, 2168; A 2005, 2807)

NRS 645A.100 Noticeof refusal to issue license or of disciplinary action; hearing; limitation ontime to apply for hearing.

1. Notice of the entry of any order of suspension orrevocation or of imposing a fine or refusing a license to any escrow agent oragency must be given in writing, served personally or sent by certified mail orby telegram to the last known address of the agent or agency affected.

2. The agent or agency, upon application, is entitledto a hearing. If an application is not made within 20 days after the entry ofthe order, the Commissioner shall enter a final order.

(Added to NRS by 1973, 1309; A 1985, 1814; 1991,1853; 2003, 984)

NRS 645A.110 Investigationby Commissioner; powers of Commissioner; injunctive relief; enforcement ofsubpoenas.

1. The Commissioner may conduct an investigation if itappears that an escrow agent or agency is conducting business in an unsafe andinjurious manner or in violation of this chapter or if it appears that anyperson is engaging in the escrow business without being licensed pursuant tothe provisions of this chapter.

2. If upon investigation it appears that the agent oragency is so conducting business or an unlicensed person is engaged in theescrow business, the Commissioner may:

(a) Order the person to discontinue conducting businessin an injurious manner or in violation of this chapter. A person may, within 30days after receiving the order, file a verified petition with the Commissionerfor a hearing. If the Commissioner does not hold a hearing within 30 days afterthe petition is filed or issue a written decision within 45 days after thehearing is held, the order is rescinded.

(b) So advise the district attorney of the county inwhich the business is conducted or the Attorney General. The district attorneyor the Attorney General shall cause the appropriate legal action to be taken toenjoin the operation of the business or prosecute the violations of thischapter.

(c) Bring suit in the name and on behalf of the Stateof Nevada against the person and any other person concerned in or in any wayparticipating in or about to participate in the unsafe or injurious practicesor action in violation of this chapter or regulations thereunder to enjoin thatperson from continuing those practices or engaging therein or doing any suchact.

3. If the Commissioner brings suit, the district courtof any county of this state may grant an injunction to prevent and restrain theunsafe, injurious or illegal practices or transactions. The court may, duringthe pendency of the proceedings before it, issue such temporary restrainingorders as may appear to be just and proper. The findings of the Commissionershall be deemed to be prima facie evidence and sufficient ground, in thediscretion of the court, for the issuance ex parte of a temporary restrainingorder. In any such court proceedings the Commissioner may apply for and on dueshowing is entitled to have issued the courts subpoena requiring forthwith theappearance of any defendant and his employees and the production of documents,books and records as may appear necessary for the hearing of the petition, totestify and give evidence concerning the acts or conduct or things complainedof in the application for injunction.

(Added to NRS by 1973, 1309; A 1985, 1815; 1991,1853)

NRS 645A.130 Proceduresfollowing decision on appeal.

1. If the order of the Commissioner is reversed, thecourt shall specifically direct the Commissioner as to his further action inthe matter including the making and entering of any order and any conditions,limitations or restrictions to be contained therein. The Commissioner mayrevoke or alter the order for any proper cause which is discovered after theorder is issued.

2. If an order of the Commissioner is affirmed, theappellant is not barred after 1 year from filing a new application if theapplication is not otherwise barred or limited.

3. The appeal does not suspend the operation of theorder appealed from during the pendency of the appeal except upon proper orderof the court.

(Added to NRS by 1973, 1310; A 1977, 93; 1985, 1816;1991, 1854)

NRS 645A.140 Powersof Commissioner when agencys affairs in unsafe condition.

1. When the Commissioner ascertains that the assets orcapital of any escrow agency are impaired or that an agencys affairs are in anunsafe condition, he may immediately take possession of all the property,business and assets of the agency which are located in this state and retainpossession of them pending further proceedings provided for in this chapter.

2. If the board of directors or any officer or personin charge of the offices of such an agency refuses to permit the Commissionerto take possession of the property, the Commissioner shall communicate thatfact to the Attorney General. Thereupon the Attorney General shall immediatelyinstitute such proceedings as may be necessary to place the Commissioner inimmediate possession of the property of the agency. The Commissioner thereuponshall make or cause to be made an inventory of the assets and known liabilitiesof the agency.

3. The Commissioner shall file one copy of theinventory in his office and one copy in the office of the clerk of the districtcourt of the county in which the principal office of the agency is located andshall mail one copy to each stockholder, partner, officer or associate of theagency at his last known address.

4. The clerk of the court with which the copy of theinventory is filed shall file it as any other case or proceeding pending in thecourt and shall give it a docket number.

(Added to NRS by 1973, 1311; A 1985, 1816; 1991,1854)

NRS 645A.150 Receivership.

1. The officers, directors, partners, associates orstockholders of the escrow agency may, within 60 days after the date theCommissioner takes possession of the property, business and assets, make goodany deficit which may exist or remedy the unsafe condition of its affairs.

2. At the expiration of such time, if the deficiencyin assets or capital has not been made good or the unsafe condition remedied,the Commissioner may apply to the court to be appointed receiver and proceed toliquidate the assets of the agency which are located in this state in the samemanner as provided by law for liquidation of a private corporation inreceivership.

3. No other person may be appointed receiver by anycourt without first giving the Commissioner ample notice of his application.

4. The inventory made by the Commissioner and allclaims filed by creditors are open at all reasonable times for inspection andany action taken by the receiver upon any of the claims is subject to theapproval of the court before which the cause is pending.

5. The expenses of the receiver and the compensationof counsel, as well as all expenditures required in the liquidationproceedings, must be fixed by the Commissioner subject to the approval of thecourt, and, upon certification of the Commissioner, must be paid out of themoney that he possesses as receiver.

(Added to NRS by 1973, 1311; A 1985, 1816; 1991,1855)

MONEY DEPOSITED IN ESCROW

General Provisions

NRS 645A.160 Moneydeposited in escrow must be deposited in escrow or trust account. All money deposited in escrow to be delivered upon theclose of the escrow or upon any other contingency must be kept separate frommoney belonging to the escrow agent or agency and must be deposited in afinancial institution that is federally insured or insured by a private insurerapproved pursuant to NRS 678.755 unlessanother financial institution has been designated in writing in theinstructions for the escrow. The money when deposited must be designated astrust funds or escrow accounts or under some other appropriate nameindicating that the money is not the money of the escrow agent or agency.

(Added to NRS by 1973, 1312; A 1985, 1817; 1999, 1539)

NRS 645A.170 Limitationson execution or attachment of money deposited in escrow; commingling prohibited.

1. Money deposited in escrow is not subject toexecution or attachment on any claim against the escrow agent or agency.

2. An escrow agent or agency shall not knowingly keepor cause to be kept any money in any bank, credit union or other financial institutionunder any name designating the money as belonging to the clients of any escrowagent or agency, unless the money was actually entrusted to the agent or agencyby the client for deposit in escrow.

(Added to NRS by 1973, 1312; A 1985, 1817; 1999, 1539)

Escrows for the Sale of Real Property

NRS 645A.173 Duty to record certain informationconcerning real estate brokers and salesman, mortgage brokers and mortgage bankers.

1. If an escrow for the sale of real property isestablished, the holder of the escrow shall, on the date of establishment ofthe escrow, record in writing the number and the date of expiration of the:

(a) License issued pursuant to chapter 645 of NRS; or

(b) Certificate of cooperation issued pursuant to NRS 645.605,

of any realestate broker, broker-salesman or salesman who will be paid compensation frommoney held in the escrow for performing the services of a real estate broker,broker-salesman or salesman in the transaction that is the subject of the escrow.The holder of the escrow is not required to verify independently the validityof the number of the license or certificate.

2. If an escrow for the sale of real property isestablished and the real property is or will be secured by a mortgage or deedof trust, the holder of the escrow shall, on the date of establishment of theescrow, record in writing the number and the date of expiration of the licenseissued pursuant to chapter 645B or 645E of NRS of any mortgage broker or mortgagebanker associated with the mortgage or deed of trust. The holder of the escrowis not required to verify independently the validity of the number of thelicense.

(Added to NRS by 1999, 873; A 2001, 2463; 2003, 3542)

NRS 645A.175 Dutyto execute documents necessary to release money deposited in escrow; exceptionfor good faith disputes; recovery of damages for failure to execute; award ofattorneys fees.

1. Except as otherwise provided in subsection 2 or inthe escrow agreement between the parties and the holder of the escrow, upon theclose of an escrow for the sale of real property or on the date the escrow isscheduled to close if it has not closed, each party shall execute the documentsnecessary to release the money deposited in the escrow.

2. A party may refuse to execute a document necessaryto release the money deposited in the escrow only if a good faith disputeexists concerning that money.

3. Except as otherwise provided in NRS 645.8701 to 645.8811, inclusive, if a party refuses toexecute a document necessary to release the money deposited in the escrowwithin 30 days after the holder of the escrow makes a written request for theexecution, the party injured by the failure of the other party to execute thedocument may collect from that party:

(a) Actual damages of not less than $100 nor more than1 percent of the purchase price of the real property for which the money wasdeposited in the escrow, whichever is greater;

(b) The money deposited in the escrow which was notheld to resolve a good faith dispute concerning the sale of the property; and

(c) A reasonable attorneys fee.

(Added to NRS by 1995, 1527; A 1999, 1180)

NRS 645A.177 Actionto recover money deposited in escrow; discharge from further responsibility forholder of escrow; right of holder to bring action for interpleader.

1. If an action is filed to recover money deposited inan escrow established for the sale of real property, the holder of the escrowmay deposit the money, less any fees or charges owed to the holder of the escrow,with the court in which the action is filed.

2. A holder of an escrow who complies with theprovisions of subsection 1 is discharged from further responsibility for themoney which he deposits with the court.

3. This section does not limit the right of the holderof the escrow to bring an action for interpleader pursuant to N.R.C.P. 22 to determine therightful claimant of the money deposited in the escrow.

(Added to NRS by 1995, 1527)

MISCELLANEOUS PROVISIONS

NRS 645A.193 AttorneyGeneral to represent Division. The AttorneyGeneral shall act as the attorney for the Division in all actions andproceedings brought against or by the Division pursuant to any of theprovisions of this chapter.

(Added to NRS by 1985, 1807)

NRS 645A.196 Terminationof employment of escrow agent: Duties of escrow agency; prohibited actions.

1. Whenever an escrow agent terminates, for anyreason, his employment with the escrow agency with whom he was associated, theescrow agency shall:

(a) Immediately deliver or send by certified mail tothe Division the escrow agents license, together with a written statement ofthe circumstances surrounding the termination.

(b) At the time of delivering or mailing the license tothe Division, address a communication to the last known residence address ofthe escrow agent, advising him that his license has been delivered or mailed tothe Division. A copy of the communication must accompany the license when deliveredor mailed to the Division.

2. An escrow agent shall not perform either directlyor indirectly any act for which a license is required pursuant to this chapter:

(a) On or after the date the Division receives hislicense from the escrow agency until his license is transferred or reissued oruntil a new license is issued.

(b) Without being associated with or employed by alicensed escrow agency.

(Added to NRS by 1985, 1808)

NRS 645A.199 Proofof licensure required in action for collection of compensation. No person engaged in the business or acting in thecapacity of an escrow agent or agency within this state may bring or maintainany action in any court of this state for the collection of compensation forthe performance of any act pursuant to this chapter without alleging andproving that he was a licensed escrow agent or agency at the time the allegedcause of action arose.

(Added to NRS by 1985, 1808; A 1993, 2806)

NRS 645A.200 Statutoryand common-law rights unaffected. The provisionsof this chapter do not limit any statutory or common-law right of any person tobring an action in any court for any act involved in the transaction of theescrow business or the right of the State to punish any person for anyviolation of any law.

(Added to NRS by 1973, 1312)

UNLAWFUL ACTS; PENALTIES

NRS 645A.210 Unlawfulto engage in escrow business without license. Itis unlawful for any person, unless exempted under NRS 645A.015, to engage in or carry on,or hold himself out as engaging in or carrying on, the escrow business or actin the capacity of an escrow agent or agency without first obtaining a licenseas an escrow agent or agency.

(Added to NRS by 1973, 1306; A 1985, 1818)

NRS 645A.220 Transactionsby foreign corporations. It is unlawful forany foreign corporation to transact any escrow business in this state unlessit:

1. Qualifies under chapter80 of NRS; and

2. Complies with the provisions of this chapter unlessexempted by NRS 645A.015.

(Added to NRS by 1973, 1312; A 1979, 401)

NRS 645A.224 Employeeof Division prohibited from interest in escrow agency.A person shall not have a pecuniary interest in or act as an escrowagent for any escrow agency while he is an employee of the Division.

(Added to NRS by 1985, 1807; A 1991, 1855)

NRS 645A.225 Chargefor statement of interest payments prohibited. Anescrow agent or agency shall not charge a fee for any statement or tax returnregarding payment of interest which federal law requires the agent or agency tofurnish and file.

(Added to NRS by 1989, 1068)

NRS 645A.230 Penaltiesfor violations. Any person who violates:

1. NRS 645A.160,645A.210 or 645A.220 is guilty of a grossmisdemeanor.

2. Any other provision of this chapter is guilty of amisdemeanor.

(Added to NRS by 1973, 1313; A 1985, 1818)

 

Disclaimer: These codes may not be the most recent version. Nevada may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.