Nevada Code § 598.855

Trust account required for payments on contracts
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1. Before the organization receives any
money from any buyer pursuant to a contract for membership in the organization,
it shall establish a trust account for payments on contracts at a financial
institution that is federally insured or insured by a private insurer approved
pursuant to NRS 672.755 . Each payment
from a buyer for his or her contract for membership, except for $50 of the
first payment, must be deposited in the trust account.
2. Except as otherwise provided in
subsection 3, during each quarter of the term of a buyers contract or each 6
months, whichever period is shorter, the trustee shall withdraw one-quarter of
the buyers payments under the contract from the trust account and pay the
amount to the organization.
3. If an affiliate organization obtains
the express consent of its parent and the parent posts the security required by
subsection 4, the affiliate organization may:
(a) Authorize the parent to serve as the trustee pursuant
to NRS 598.865 for the trust accounts
required by this section and NRS 598.860 ;
and
(b) Authorize the trustee to make the following
withdrawals from the trust account required by this section:
(1) During the first quarter of the term
of a buyers contract or the first 6 months, whichever period is shorter, the
trustee shall withdraw not more than one-half of the buyers payments under the
contract from the trust account and pay the amount to the affiliate
organization; and
(2) During the second quarter of the term
of the buyers contract or the second 6 months, whichever period is shorter,
the trustee shall withdraw the remaining balance of the buyers payments under
the contract from the trust account and pay the amount to the affiliate
organization.
4. Before a trustee may withdraw money
from a trust account pursuant to subsection 3, the parent must post security in
the amount of $250,000 with the Consumer Affairs Unit pursuant to NRS 598.853 . The security posted by the
parent:
(a) Provides coverage for all of the parents
affiliate organizations that are authorized to act pursuant to subsection 3;
(b) Must be conditioned on compliance by such an
affiliate organization with the provisions of NRS
598.840 to 598.930 , inclusive, the
terms of the buyers contract for membership in the affiliate organization and
the terms of any contract with the buyer for the purchase of goods or services;
and
(c) May be used to pay a claim against such an
affiliate organization only if the security posted by the affiliate
organization pursuant to NRS 598.853 has
been exhausted.
5. If the organization sells, transfers or
assigns the contract with the buyer to a third party, and the third party gives
reasonable consideration for the contract, the organization shall deposit the
consideration in the trust account. If the third party does not give reasonable
consideration for the contract, the organization shall deposit all payments on
the contract from the buyer in the organizations trust account for payments on
the contract.

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