Nevada Code § 689.325

Prepaid contracts: Distributions to seller from trust fund; required amounts for reserve and liabilities in trust fund; filing of financial reports by trustee; fee and penalty related to such reports; determination of total value of trust
Open in Lexace · Ask the AI about this section
1. Not more than 75 percent of the
earnings of such investments, including capital gains, as they accrue and are
received, may be disbursed by the trustee to the seller or the designee of the
seller. The remainder of any earnings must be held by the trustee to establish
a reserve for securities valuation until the reserve equals 25 percent of the
total trust liabilities.
2. The trustee shall maintain in the trust
fund an amount of money equal to 125 percent of the total trust liabilities.
3. If money in the trust fund is invested
or reinvested in:
(a) Securities which are issued or guaranteed by
the United States of America;
(b) Bonds of this state or the bonds of any other
state;
(c) Bonds of counties or municipalities of any
state;
(d) Deposits in any bank, credit union, savings
and loan association or savings bank that is federally insured or insured by a
private insurer approved pursuant to NRS
672.755 ; or
(e) With the written approval of the
Commissioner, any investment which would have guaranteed liquidity,
then no
earnings of those investments, including capital gains, if any, as such
earnings accrue and are received, may be disbursed by the trustee to the seller
or the designee of the seller which would reduce the corpus of the trust fund
below 100 percent of the required value of the trust. Earnings in excess of 100
percent of the required value of the trust or 125 percent of the total trust
liability, whichever is appropriate, may be distributed annually.
4. Earnings are defined as any sum
remaining in the trust fund after deducting costs of administration over and
above 100 percent of the required value of the trust.
5. Every trustee handling money in a trust
fund pursuant to NRS 689.150 to 689.375 , inclusive, shall file with the
Commissioner, within 15 days after the first day of each calendar quarter, a
financial statement showing the activity of all trusts required to be
maintained by any seller and the total market value of each trust as of the
first day of the calendar quarter. The statement must be on forms prescribed
and adopted by the Commissioner. Every quarterly report must be accompanied by
a fee of $10. If the statement is not received by the Commissioner as required,
the Commissioner may, after giving the seller 10 days written notice, revoke
the sellers certificate of authority.
6. The trust must be valued quarterly and
averaged annually to determine the total value of the trust. If the average
market value as of December 31 of each year is below 100 percent of the
required value of the trust or 125 percent of the total trust liability, the
Commissioner may suspend the sellers certificate of authority until the
deficiency is made up.

‹ Prev All Nevada sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.