576.030 - Application for license: Contents; additional requirements for commission merchants and agents; appointment of Director as attorney upon whom process may be served. [Effective until the date
576.030 Application for license: Contents; additional requirements for commission merchants and agents; appointment of Director as attorney upon whom process may be served. [Effective on the date of the repeal of the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]
1. Every person, before acting as a broker, dealer, commission merchant or agent, shall file an application with the Department for a license to transact such business. Separate applications must be filed for each class of business.
2. The application must be on a form prescribed and furnished by the Department and must set forth:
(a) The full name of the person applying for the license. If the applicant is a firm, exchange, association or corporation, the full name of each member of the firm, or the names of the officers of the exchange, association or corporation must be given in the application.
(b) The principal business address of the applicant in this State and elsewhere.
(c) The name of the person authorized to accept service of summons and legal notice of all kinds for the applicant.
(d) The names and addresses of all persons by whom the applicant has been employed for a period of 3 years immediately preceding the making of the application.
(e) A complete statement of the applicant’s business activity for the 3 years immediately preceding the making of the application which is not covered by paragraph (d).
(f) A statement of whether the applicant has ever been arrested for any crime other than a traffic violation punishable by a fine of $25 or less and, if so, when and where, the nature of the crime charged, the disposition of the charge, the title and address of the police officers having custody of the record of arrest, and the names and locations of all the courts before which any proceedings in connection with the arrest took place.
(g) A statement of whether the applicant has ever been a party in a civil suit and, if so, the nature of the suit, whether the applicant was the plaintiff or the defendant, the disposition of the suit, and, if the applicant was the defendant and lost, whether there is a judgment or any portion thereof which remains unpaid.
(h) The county or counties in which the applicant proposes to engage in business.
(i) The class or classes of farm products the applicant proposes to handle.
(j) Such other information as the Department may reasonably require.
3. In addition to the general requirements applicable to all classes of applications as set forth in subsection 2, the following requirements apply to the class of applications specified in of this subsection:
(a) Commission merchants. Each application must include a complete schedule of commissions and an itemized listing of all charges for all services. Any services rendered for which charges are made, if not listed in the schedule on the application, must be rendered on a strictly cost basis.
(b) Agents. Each application must be in the same form as an application for a license as a broker, dealer or commission merchant, and must include the name and address of the broker, dealer or commission merchant represented or sought to be represented by the agent, and the written endorsement or nomination of the broker, dealer or commission merchant.
4. The application must be accompanied by an executed instrument whereby the applicant:
(a) Appoints and constitutes the Director and the Director’s successor or successors in office the true and lawful attorney of the applicant upon whom all lawful process in any action or legal proceeding against the applicant arising in this State from a transaction under the provisions of this chapter may be served; and
(b) Agrees that any lawful process against the applicant which may be served upon the applicant’s attorney as provided in this subsection is of the same force and validity as if served upon the applicant and that the authority thereof continues in force irrevocably as long as any liability of the applicant in the State remains outstanding.
(Added to NRS by 1959, 557; A 1960, 416; 1961, 558; 1963, 389; 1965, 389; 1967, 1195; 1993, 437, 1764; 1995, 514; 1997, 2094; 1999, 3703; 2005, 479, 480, effective on the date of the repeal of the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings)