2022 Nevada Revised Statutes
Chapter 649 - Collection Agencies
NRS 649.171 - Certificate of registration; limitations on business practices; fees; disciplinary action; regulations. [Effective until the date on which the Commissioner of Financial Institutions notifies the Governor and the Director of the Legislative Counsel Bureau that the Nationwide Multistate Licensing System and Registry has sufficient capabilities to allow the Commissioner to carry out the provisions of chapter 347, Statutes of Nevada 2021, at page 2030.] Certificate of registration: Application; qualifications to apply and hold; fees; bond; maintenance of accounts, books and records; expiration; renewal and cancellation; disciplinary action; regulations. [Effective on the date on which the Commissioner of Financial Institutions notifies the Governor and the Director of the Legislative Counsel Bureau that the Nationwide Multistate Licensing System and Registry has sufficient capabilities to allow the Commissioner to carry out the provisions of chapter 347, Statutes of Nevada 2021, at page 2030.]
1. A person who is not licensed in this State as a collection agency may apply to the Commissioner for a certificate of registration as a foreign collection agency.
2. To be issued and to hold a certificate of registration as a foreign collection agency, a person:
(a) Must meet the qualifications to do business as a collection agency in this State;
(b) Must not have any employees or agents present in this State who engage in the collection of claims and must not maintain any business locations in this State as a collection agency;
(c) Must submit proof to the Commissioner, upon application and upon each annual renewal of the certificate of registration, that the person and his or her employees and agents will not, in this State:
(1) Engage in the business of soliciting the right to collect or receive payment for another of any claim;
(2) Respond to a bid, proposal or invitation for the right to collect or receive payment for another of any claim, unless the bid, proposal or invitation is for the collection of claims owed by residents of another state; or
(3) Advertise or solicit, either in print, by letter, in person or otherwise, the right to collect or receive payment for another of any claim;
(d) When collecting claims against debtors who are present in this State, must:
(1) Limit his or her activities and those of his or her employees and agents to interstate communications by telephone, mail or facsimile;
(2) Limit his or her activities and those of his or her employees and agents to the collection of claims from residents of this State on behalf of residents of another state; and
(3) Comply with the requirements of NRS 649.305 to 649.375, inclusive, with regard to his or her activities and those of his or her employees and agents;
(e) Must pay:
(1) A fee to apply for a certificate of registration of not less than $200 prorated on the basis of the registration year as determined by the Commissioner; and
(2) An annual renewal fee of not more than $200;
(f) Must deposit and maintain a bond or an appropriate substitute for the bond in the same manner as an applicant or licensee pursuant to NRS 649.105, 649.115 and 649.119;
(g) Must maintain the accounts, books and records of the collection agency in accordance with generally accepted accounting principles and in accordance with the requirements of subsection 1 of NRS 649.335; and
(h) Must pay any fees related to any examination of the accounts, books and records of the collection agency conducted by the Commissioner pursuant to subsection 3.
3. The Commissioner may conduct an annual examination and any additional examinations pursuant to NRS 649.335 of the accounts, books and records of each person who holds a certificate of registration as a foreign collection agency.
4. The Commissioner may take disciplinary action pursuant to NRS 649.385, 649.390 and 649.395 against a person who holds a certificate of registration as a foreign collection agency for any act or omission that would be grounds for taking such disciplinary action under those sections.
5. The Commissioner shall adopt:
(a) Regulations establishing the amount of the fees required pursuant to this section; and
(b) Any other regulations as may be necessary to carry out the provisions of this section.
(Added to NRS by 2005, 1865; A 2007, 2501)
1. A person who is not licensed in this State as a collection agency may apply to the Commissioner for a certificate of registration as a foreign collection agency.
2. To be issued and to hold a certificate of registration as a foreign collection agency, a person:
(a) Must meet the qualifications to do business as a collection agency in this State;
(b) Must not have any employees or agents present in this State who engage in the collection of claims and must not maintain any business locations in this State as a collection agency;
(c) Must submit proof to the Commissioner, upon application and upon each annual renewal of the certificate of registration, that the person and his or her employees and agents will not, in this State:
(1) Engage in the business of soliciting the right to collect or receive payment for another of any claim;
(2) Respond to a bid, proposal or invitation for the right to collect or receive payment for another of any claim, unless the bid, proposal or invitation is for the collection of claims owed by residents of another state; or
(3) Advertise or solicit, either in print, by letter, in person or otherwise, the right to collect or receive payment for another of any claim;
(d) When collecting claims against debtors who are present in this State, must:
(1) Limit his or her activities and those of his or her employees and agents to interstate communications by telephone, mail or facsimile;
(2) Limit his or her activities and those of his or her employees and agents to the collection of claims from residents of this State on behalf of residents of another state; and
(3) Comply with the requirements of NRS 649.305 to 649.375, inclusive, with regard to his or her activities and those of his or her employees and agents;
(e) Must pay:
(1) A fee to apply for a certificate of registration of not less than $200 prorated on the basis of the registration year as determined by the Commissioner; and
(2) An annual renewal fee of not more than $200;
(f) Must deposit and maintain a bond or an appropriate substitute for the bond in the same manner as an applicant or licensee pursuant to NRS 649.105, 649.115 and 649.119;
(g) Must maintain the accounts, books and records of the collection agency in accordance with generally accepted accounting principles and in accordance with the requirements of subsection 1 of NRS 649.335; and
(h) Must pay any fees related to any examination of the accounts, books and records of the collection agency conducted by the Commissioner pursuant to subsection 5.
3. A certificate of registration issued pursuant to this section expires on December 31 of each year, unless it is renewed. To renew a certificate of registration, a foreign collection agency must submit to the Commissioner:
(a) An application for renewal which contains, without limitation, the information specified in paragraph (c) of subsection 2; and
(b) The renewal fee specified in subparagraph (2) of paragraph (e) of subsection 2.
4. If a foreign collection agency fails to submit any item required pursuant to subsection 3 to the Commissioner on or after November 1 and on or before December 31 of any year, the certificate of registration of the foreign collection agency is cancelled as of December 31 of that year. The Commissioner shall not reinstate a certificate of registration that has been cancelled pursuant to this subsection.
5. The Commissioner may conduct an annual examination and any additional examinations pursuant to NRS 649.335 of the accounts, books and records of each person who holds a certificate of registration as a foreign collection agency.
6. The Commissioner may take disciplinary action pursuant to NRS 649.385, 649.390 and 649.395 against a person who holds a certificate of registration as a foreign collection agency for any act or omission that would be grounds for taking such disciplinary action under those sections.
7. The Commissioner shall adopt:
(a) Regulations establishing the amount of the fees required pursuant to this section; and
(b) Any other regulations as may be necessary to carry out the provisions of this section.
(Added to NRS by 2005, 1865; A 2007, 2501; 2021, 2068, effective on the date on which the Commissioner of Financial Institutions notifies the Governor and the Director of the Legislative Counsel Bureau that the Nationwide Multistate Licensing System and Registry has sufficient capabilities to allow the Commissioner to carry out the provisions of chapter 347, Statutes of Nevada 2021, at page 2030)
