604A.250 - Exemptions from chapter.

604A.250  Exemptions from chapter.  The provisions of this chapter do not apply to:

      1.  Except as otherwise provided in NRS 604A.200, a person doing business pursuant to the authority of any law of this State or of the United States relating to banks, national banking associations, savings banks, trust companies, savings and loan associations, credit unions, development corporations, mortgage brokers, mortgage bankers, thrift companies or insurance companies, including, without limitation, any affiliate or subsidiary of such a person regardless of whether the affiliate or subsidiary is a bank.

      2.  A person who is primarily engaged in the retail sale of goods or services who:

      (a) As an incident to or independently of a retail sale or service, from time to time cashes checks for a fee or other consideration of not more than $2; and

      (b) Does not hold himself or herself out as a check-cashing service.

      3.  A person while performing any act authorized by a license issued pursuant to chapter 671 of NRS.

      4.  A person who holds a nonrestricted gaming license issued pursuant to chapter 463 of NRS while performing any act in the course of that licensed operation.

      5.  A person who is exclusively engaged in a check-cashing service relating to out-of-state checks.

      6.  A corporation organized pursuant to the laws of this State that has been continuously and exclusively engaged in a check-cashing service in this State since July 1, 1973.

      7.  A pawnbroker, unless the pawnbroker operates a check-cashing service, deferred deposit loan service, high-interest loan service or title loan service.

      8.  A real estate investment trust, as defined in 26 U.S.C. § 856.

      9.  An employee benefit plan, as defined in 29 U.S.C. § 1002(3), if the loan is made directly from money in the plan by the plan’s trustee.

      10.  An attorney at law rendering services in the performance of his or her duties as an attorney at law if the loan is secured by real property.

      11.  A real estate broker rendering services in the performance of his or her duties as a real estate broker if the loan is secured by real property.

      12.  Any firm or corporation:

      (a) Whose principal purpose or activity is lending money on real property which is secured by a mortgage;

      (b) Approved by the Federal National Mortgage Association as a seller or servicer; and

      (c) Approved by the Department of Housing and Urban Development and the Department of Veterans Affairs.

      13.  A person who provides money for investment in loans secured by a lien on real property, on his or her own account.

      14.  A seller of real property who offers credit secured by a mortgage of the property sold.

      15.  A person who makes a refund anticipation loan, unless the person operates a check-cashing service, deferred deposit loan service, high-interest loan service or title loan service.

      (Added to NRS by 2005, 1687; A 2007, 933)