599B.090 - Registration of seller: Application; confidentiality of certain information; security; fee. [Effective July 1, 2011.]
599B.090 Registration of seller: Application; confidentiality of certain information; security; fee. [Effective July 1, 2011.]
1. An applicant for registration as a seller must submit to the Division, in such form as it prescribes, a written application for registration. The application must:
(a) Set forth the name of the applicant, including each name under which he or she intends to do business;
(b) Set forth the name of any parent or affiliated entity that:
(1) Will engage in a business or other transaction with the consumer relating to any sale or donation solicited by the applicant; or
(2) Accepts responsibility for any statement or act of the applicant relating to any sale or donation solicited by the applicant;
(c) Set forth the complete street address of each location, designating the principal location, from which the applicant will be doing business;
(d) Contain a list of all telephone numbers to be used by the applicant, with the address where each telephone using these numbers will be located;
(e) Set forth the name and address of each:
(1) Principal officer, director, trustee, shareholder, owner or partner of the applicant, and of each other person responsible for the management of the business of the applicant;
(2) Person responsible for a location from which the applicant will do business; and
(3) Salesperson to be employed by or otherwise associated with the applicant;
(f) Be accompanied by a copy of any:
(1) Script, outline or presentation the applicant will require a salesperson to use when soliciting or, if no such document is used, a statement to that effect;
(2) Sales or donation information or literature to be provided by the applicant to a salesperson, or of which the applicant will inform the salesperson; and
(3) Sales or donation information or literature to be provided by the applicant to a consumer in connection with any solicitation;
(g) If the applicant is a corporation, be signed by an officer of the corporation; and
(h) If the applicant is a natural person, be completed personally by the applicant.
2. Any material submitted pursuant to paragraph (f) of subsection 1 is submitted for the records of the Division and not for the approval of the Division.
3. The information provided pursuant to paragraph (f) of subsection 1 by an applicant for registration as a seller is confidential and may only be released to a law enforcement agency, to a court of competent jurisdiction, by order of a court of competent jurisdiction or pursuant to NRS 239.0115.
4. If the applicant is other than a natural person, or if any parent or affiliated entity is identified pursuant to paragraph (b) of subsection 1, the applicant must, for itself and any such entity, identify its place of organization and:
(a) In the case of a partnership, provide a copy of any written partnership agreement; or
(b) In the case of a corporation, provide a copy of its articles of incorporation and bylaws.
5. An application filed pursuant to this section must be verified and accompanied by:
(a) A bond, letter of credit or certificate of deposit satisfying the requirements of NRS 599B.100;
(b) A fee for registration in the amount of $6,000;
(c) If subsection 6 applies, the additional bond, letter of credit or certificate of deposit and the additional fee required by that subsection; and
(d) A copy of:
(1) The work card issued to the seller pursuant to subsection 1 of NRS 599B.115, if the seller is required to obtain a work card; and
(2) The work cards of any other persons associated with the seller who are required to obtain work cards pursuant to subsection 2 of NRS 599B.115.
6. If an applicant intends to do business under any assumed or fictitious name, he or she must, for each such name:
(a) File an additional bond, letter of credit or certificate of deposit satisfying the requirements of NRS 599B.100; and
(b) Pay an additional fee for registration in the amount of $6,000.
(Added to NRS by 1989, 1382; A 1991, 984; 1993, 2104; 1995, 936; 1997, 3206; 1999, 1904; 2007, 2121; R temp. 2009, 2732, expires by limitation on June 30, 2011)