2005 Nevada Revised Statutes - Chapter 660 — Branch Offices; Electronic Terminals; Automated Tellers

CHAPTER 660 - BRANCH OFFICES; ELECTRONICTERMINALS; AUTOMATED TELLERS

BRANCH OFFICES

NRS 660.015 Location;establishment; discontinuance; review of Commissioners action.

NRS 660.025 Servicecenters: Definition; establishment.

NRS 660.035 Foreignbranches: Contents of application; powers of Commissioner; separate accountingfor each branch required.

ELECTRONIC TERMINALS

NRS 660.045 Definitions.

NRS 660.050 Authorityto operate; terminal is not branch office.

NRS 660.052 Feefor and record of transaction.

NRS 660.055 Officesfor mechanical tellers: Contents.

NRS 660.065 Officesfor mechanical tellers: Authorization by Commissioner; office is not branchoffice.

NRS 660.075 Applicationto establish office for mechanical teller; fee for application; annual fee;regulations.

NRS 660.085 Discontinuanceof office for mechanical teller.

NRS 660.095 Sharingof mechanical tellers and other electronic terminals.

NRS 660.105 Constructionof provisions relating to electronic transfer of money.

AUTOMATED TELLERS

NRS 660.115 Definitions.

NRS 660.125 Areaof access defined.

NRS 660.135 Automatedteller defined.

NRS 660.145 Controldefined.

NRS 660.155 Customerdefined.

NRS 660.165 Definedparking area defined.

NRS 660.175 Devicefor access defined.

NRS 660.185 Operatordefined.

NRS 660.195 Operatorto adopt procedure for evaluating safety of location of automated teller beforeinstallation; exception.

NRS 660.205 Requirementsfor illumination.

NRS 660.215 Noticeof basic precautions: Requirements; issuance to customers; sufficiency.

NRS 660.225 Applicability.

NRS 660.235 Preemptionof codes, ordinances and regulations of local governments relating to safety ofcustomers at automated tellers.

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BRANCH OFFICES

NRS 660.015 Location;establishment; discontinuance; review of Commissioners action.

1. Banks organized under this title may maintainbranch offices but the location of the principal office and the parent bankmust be within this State.

2. Additional branch offices may be from time to timeestablished by the board of directors with the written consent of theCommissioner.

3. A bank may discontinue a branch office uponresolution of its board of directors. Upon the adoption of the resolution, thebank shall file a certification with the Commissioner specifying the locationof the branch office to be discontinued and the date upon which it is proposedthat the discontinuance is to be effective. This certificate must state thereasons for the closing of the branch office and indicate that the needs andconveniences of the community would still be adequately met. Notice stating theintention to discontinue the branch office must be published in a newspaperserving the community once a week for 4 consecutive weeks before any certificaterequesting discontinuance is filed with the Commissioner. No branch office maybe discontinued until approved by the Commissioner, who shall first hold apublic hearing thereon, if so requested by any interested person.

4. Any action taken by the Commissioner pursuant tothis section is subject to review in the same manner as provided in NRS 659.055.

(Added to NRS by 1971, 972; A 1983, 1729; 1987, 1905)

NRS 660.025 Servicecenters: Definition; establishment.

1. As used in this section, service center is aplace where functions of a bank are performed that do not involve the receivingof deposits, making of loans or withdrawals or handling of cash.

2. Banks organized under this title may establish andmaintain one or more service centers within or outside this State according totheir needs.

3. A service center may be established by a bank bythe vote of its board of directors. The bank shall inform the Commissioner inwriting of its intention to establish a service center and the locationthereof.

4. A service center does not constitute branchbanking. No license, certificate or prior approval of the Commissioner, of theDivision of Financial Institutions or of the Department of Business andIndustry is necessary before a service center may be established.

(Added to NRS by 1971, 973; A 1983, 1730; 1987, 1905;1993, 1894; 1997, 979)

NRS 660.035 Foreignbranches: Contents of application; powers of Commissioner; separate accountingfor each branch required.

1. Any bank organized under the laws of this Statethat has a stockholders or members equity of $1,000,000 or more may file anapplication with the Commissioner for permission to establish, upon conditionsand under such regulations as may be prescribed by the Commissioner, branchesin foreign countries or dependencies or singular possessions of the UnitedStates for the furtherance of the foreign commerce of the United States and toact, if required to do so, as fiscal agents of the United States.

2. The application must specify:

(a) The name and stockholders or members equity ofthe bank filing it.

(b) The powers applied for.

(c) The place or places where the banking operationsare to be carried on.

3. The Commissioner may:

(a) Approve or reject the application in whole or inpart if for any reason the granting of the application is deemed inexpedient.

(b) From time to time increase or decrease the numberof places where the banking operations may be carried on.

4. Every bank operating foreign branches must berequired to furnish information concerning the condition of those branches tothe Commissioner upon demand, and the Commissioner may order specialexaminations of such branches at such time or times as he may deem best.

5. Each bank shall conduct the accounts of eachforeign branch independently of the accounts of other foreign branchesestablished by it and of its home office and shall, at the end of each year,transfer to its general ledger the profit or loss accrued at each branch as aseparate item.

(Added to NRS by 1971, 973; A 1983, 1730; 1987, 1905;1997, 979)

ELECTRONIC TERMINALS

NRS 660.045 Definitions. As used in NRS 660.045to 660.105, inclusive, unless thecontext otherwise requires:

1. Electronic terminal means an electronic device,other than a telephone operated by a customer, through which a customer mayinitiate an electronic transfer of money. The term includes, but is not limitedto, mechanical tellers.

2. Electronic transfer of money means any transferof money, other than a transaction initiated by a check, draft or other similarinstrument, that is initiated through an electronic terminal, telephone,computer or magnetic tape for the purpose of ordering, instructing orauthorizing a financial institution to debit or credit an account.

3. Financial institution means a bank, savings andloan association, thrift company or credit union regulated pursuant to thistitle or title 56 of NRS.

4. Mechanical teller means an electronic terminalused by a financial institution to effectuate transactions solely betweenitself and its customers. The term does not include any device used solely toguarantee the payment of a check or to authorize or verify the issuance of acheck.

(Added to NRS by 1985, 983; A 1989, 712)

NRS 660.050 Authorityto operate; terminal is not branch office.

1. A financial institution may operate one or moreelectronic terminals in this State.

2. For the purposes of NRS 660.045 to 660.105, inclusive, this title and title 56of NRS, an electronic terminal is not a branch office of a financialinstitution organized under the provisions of this title or title 56 of NRS.

(Added to NRS by 1989, 711)

NRS 660.052 Feefor and record of transaction.

1. A financial institution operating an electronicterminal may charge a transaction fee to the customer using the electronicterminal if the transaction fee is disclosed:

(a) On a sign posted on or in clear view of theelectronic terminal; and

(b) Electronically during the course of the transactionso as to permit the customer to cancel the transaction without incurring thetransaction fee.

2. For each transaction processed by an electronicterminal, except for a transaction involving a negotiable instrument that isits own receipt, the electronic terminal must, at the time of the transaction,make available to the customer a machine processed or handwritten record ofeach transaction. The record must include:

(a) The amount of the transaction. A fee for thetransaction may be included in this amount if the electronic terminal is ownedor operated by a person other than the financial institution that holds thecustomers account if the fee is disclosed on the record of the transaction andon a sign posted on or in clear view of the electronic terminal.

(b) The date of the transaction.

(c) The type of transaction and the type of account toor from which money is transferred. Codes may be used for this purpose if theyare explained on the record of the transaction.

(d) A number or code that identifies the customer, thecustomers account number or the device used to access the electronic terminal.

(e) The location of the electronic terminal, or anumber or code identifying that location.

(f) The name of each third party to or from whom moneyis transferred, if the name provided by the customer can be reproduced by theelectronic terminal on the record of the transaction. A code may be used forthis purpose only if it is explained on the record of the transaction.

(Added to NRS by 1989, 711)

NRS 660.055 Officesfor mechanical tellers: Contents. In additionto the mechanical tellers, an office for mechanical tellers may include:

1. A night depository; and

2. Employees of the financial institution whosefunctions do not include the conducting of transactions with customers.

(Added to NRS by 1985, 984)

NRS 660.065 Officesfor mechanical tellers: Authorization by Commissioner; office is not branchoffice.

1. When authorized by the Commissioner, a financialinstitution may establish and operate one or more offices for mechanicaltellers in this state.

2. For the purposes of NRS 660.045 to 660.105, inclusive, this title and title 56of NRS, an office for mechanical tellers is not a branch office of a financialinstitution organized under the provisions of this title or title 56 of NRS.

(Added to NRS by 1985, 984; A 1987, 1314, 1906)

NRS 660.075 Applicationto establish office for mechanical teller; fee for application; annual fee;regulations.

1. An application for authority to establish andoperate one or more offices for mechanical tellers must be made to theCommissioner on the form prescribed by him and accompanied by a fee of not morethan $200 per teller. If the Commissioner approves the application, thefinancial institution must pay an annual fee of not more than $100 for eachmechanical teller that it operates.

2. The Commissioner shall adopt regulationsestablishing the amount of the fees required pursuant to this section.

(Added to NRS by 1985, 984; A 1987, 1906; 2005, 1844)

NRS 660.085 Discontinuanceof office for mechanical teller.

1. If a financial institution wishes to discontinuethe operation of an office for mechanical tellers, it must notify theCommissioner in writing not less than 30 days before the proposed date fordiscontinuance. The notice must state the reasons for the closing of the officeand indicate that the needs and convenience of the community in which theoffice is located would still be adequately met.

2. If the Commissioner determines that thediscontinuance would significantly limit financial services which would beavailable to the residents of the community in which the office is located, heshall so notify the institution. The institution must then cause notice of itsintention to discontinue the operation of the office to be published in anewspaper serving that community once a week for 4 consecutive weeks. Theoperation of the office may not be discontinued until approved by the Commissioner,who shall first hold a public hearing thereon if requested by any interestedperson.

3. Any action taken by the Commissioner pursuant tosubsection 2 is subject to review in the same manner as provided in NRS 659.055.

(Added to NRS by 1985, 984; A 1987, 1906)

NRS 660.095 Sharingof mechanical tellers and other electronic terminals.

1. A financial institution may share the space in anoffice for mechanical tellers or may share use of a mechanical teller withother financial institutions or such other persons as the Commissioner mayapprove.

2. A financial institution may share the use of itselectronic terminals with other financial institutions or such other persons asthe Commissioner may approve.

3. An agreement to share mechanical tellers or electronicterminals may not prohibit, limit or restrict the right of a financialinstitution to charge a customer any fees allowed by state or federal law, orrequire a financial institution to limit or waive its rights or obligationsunder this chapter.

(Added to NRS by 1985, 984; A 1987, 1907; 1989, 713)

NRS 660.105 Constructionof provisions relating to electronic transfer of money. The provisions of this chapter relating to the electronictransfer of money must be construed in a manner which is consistent with, andwhich is not less restrictive than, the Electronic Fund Transfer Act, 15 U.S.C. 1693-1693r, inclusive.

(Added to NRS by 1989, 712)

AUTOMATED TELLERS

NRS 660.115 Definitions. As used in NRS 660.115to 660.235, inclusive, unless thecontext otherwise requires, the words and terms defined in NRS 660.125 to 660.185, inclusive, have the meaningsascribed to them in those sections.

(Added to NRS by 1991, 1123)

NRS 660.125 Areaof access defined. Area of access means apaved walkway or sidewalk which is within 50 feet of an automated teller,except a publicly maintained road or a sidewalk as defined in NRS 484.171.

(Added to NRS by 1991, 1123)

NRS 660.135 Automatedteller defined. Automated teller means anyelectronic device which accepts or dispenses cash in connection with an accountmaintained in a financial institution or with another business. The term doesnot include a device used solely to guarantee the payment of a check or toauthorize or verify the issuance of a check, or used in connection with theacceptance or dispensing of cash by one natural person to another.

(Added to NRS by 1991, 1123)

NRS 660.145 Controldefined. A person has control of an area ofaccess or a defined parking area if he has the present authority to determinehow, when and by whom it is to be used and how it is to be maintained, lit andlandscaped.

(Added to NRS by 1991, 1123)

NRS 660.155 Customerdefined. Customer means a natural person towhom a device for access has been issued for personal, family or household use.

(Added to NRS by 1991, 1123)

NRS 660.165 Definedparking area defined.

1. Defined parking area means that portion of anyparking area open for customer parking which is:

(a) Contiguous to an area of access to an automatedteller;

(b) Regularly, principally and lawfully used forparking by users of the automated teller while using it between a half hourafter sunset and a half hour before sunrise; and

(c) Owned or leased by the operator of the automatedteller or owned or controlled by the party leasing the site of the automatedteller to the operator.

2. The term does not include any parking area while itis not open or regularly used for parking by users of the automated teller whoare using it between a half hour after sunset and a half hour before sunrise.

3. A parking area is not open if it is physicallyclosed to access or if conspicuous signs indicate that it is closed.

4. If a parking area that has more than one levelwould otherwise be a defined parking area, only the single level deemed by theoperator of the automated teller to be the most directly accessible to theusers of the automated teller is a defined parking area pursuant to theprovisions of NRS 660.115 to 660.235, inclusive.

(Added to NRS by 1991, 1124)

NRS 660.175 Devicefor access defined. Device for access meansa card, code or other means of access to a customers account, or anycombination of these, which may be used to accomplish the deposit or withdrawalof cash.

(Added to NRS by 1991, 1124)

NRS 660.185 Operatordefined. Operator means a financialinstitution or other person who operates an automated teller.

(Added to NRS by 1991, 1124)

NRS 660.195 Operatorto adopt procedure for evaluating safety of location of automated teller beforeinstallation; exception.

1. The operator of an automated teller shall adopt aprocedure for evaluating the safety of its location before it is installed. Theprocedure must include the consideration of:

(a) The extent to which the lighting for the automatedteller complies with the standards required by NRS 660.205;

(b) The presence of landscaping, vegetation or otherobstructions in the area of the automated teller, the area of access and thedefined parking area; and

(c) The incidence of crimes of violence in theimmediate neighborhood of the automated teller, both those included in therecords of the local law enforcement agency and any others of which theoperator has knowledge.

2. NRS 660.115to 660.235, inclusive, do not impose aduty to relocate or modify an automated teller installed before October 1,1991.

(Added to NRS by 1991, 1124)

NRS 660.205 Requirementsfor illumination.

1. The operator of an automated teller shall provideillumination from a half hour after sunset until a half hour before sunrise ofat least 10 foot-candles, measured 3 feet above ground level, at the face ofthe automated teller and extending outward at least 5 feet in each unobstructeddirection.

2. The operator of an automated teller, if he controlsthe area of access or the defined parking area, or the lessor or other personwho controls each of these areas, shall provide illumination from a half hourafter sunset until a half hour before sunrise of at least 2 foot-candles,measured 3 feet above ground level, within 50 feet in all unobstructeddirections from the face of the automated teller and in that portion of thedefined parking area which is within 60 feet from the automated teller.

3. If an automated teller is located within 10 feet ofthe corner of a building and the automated teller is generally accessible fromthe adjacent side of the building, the illumination must be at least 2foot-candles, measured 3 feet above ground level, along the first 40unobstructed feet of the adjacent side of the building.

(Added to NRS by 1991, 1124)

NRS 660.215 Noticeof basic precautions: Requirements; issuance to customers; sufficiency.

1. Each issuer of a device for access to an automatedteller shall deliver personally or by mail to each customer, except asotherwise provided in this section, whose mailing address for the account towhich the device relates is in this state, a notice of basic precautions to betaken by the customer. Only one notice need be furnished per household, and ifdevices for access are furnished to more than one customer for a single accountor set of accounts or on the basis of a single application or other request forthe devices, a single notice may be furnished in satisfaction of the requirementsof this section as to all those customers. The information may be included withother disclosures related to the device furnished to the customer, such as aninitial or periodic disclosure furnished pursuant to federal law.

2. The notice required by this section is sufficientif the customer is advised to:

(a) Be aware of his surroundings, particularly laterthan a half hour after sunset;

(b) Consider having someone accompany him when theautomated teller is used later than a half hour after sunset;

(c) Refrain from displaying his cash, pocket the cashas soon as the transaction is completed and count the cash later in the safetyof his car or home;

(d) Consider using another automated teller, or comingback later, if he notices anything suspicious;

(e) Consider cancelling the transaction, pocketing thedevice for access and leaving if he notices anything suspicious whiletransacting business at the automated teller; and

(f) Report all crimes to the operator of the automatedteller and to local law enforcement officials immediately.

(Added to NRS by 1991, 1125)

NRS 660.225 Applicability. The provisions of NRS660.115 to 660.235, inclusive, donot apply with respect to any automated teller:

1. Located inside of a building:

(a) Unless the building exists for the sole purpose ofproviding an enclosure for the automated teller; or

(b) Except to the extent a transaction can be conductedfrom outside the building.

2. Located in any area, including a building, which isnot controlled by the operator.

(Added to NRS by 1991, 1125)

NRS 660.235 Preemptionof codes, ordinances and regulations of local governments relating to safety ofcustomers at automated tellers.

1. NRS 660.115to 660.235, inclusive, supersede andpreempt all codes, ordinances or regulations of counties, cities, towns andlocal agencies regarding the safety of customers at automated tellers locatedin this state.

2. Substantial compliance with those sections isconclusive evidence that the operator of an automated teller has providedadequate measures for the safety of his customers.

(Added to NRS by 1991, 1125)