1.  It is unlawful for a person to enter into an agreement to act as a qualified intermediary, as defined in 26 C.F.R. § 1.1031(k)-1(g)(4), for a client whose relinquished property is located in this State unless:

Attorney's Note

Under the Nevada Revised Statutes, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
category D felony1 to 4 yearsup to $5,000
For details, see Nev. Rev. Stat. § 193.130

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Terms Used In Nevada Revised Statutes 205.960

  • Docket: A log containing brief entries of court proceedings.
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.

(a) The proceeds from the disposition of the relinquished property are deposited into a qualified escrow account or qualified trust as defined in 26 C.F.R. § 1.1031(k)-1(g)(3).

(b) The money is held in such a manner that it may not be withdrawn from the qualified escrow account or qualified trust without the written approval of the intermediary and the client.

2.  A person who violates the provisions of this section is guilty of a category D felony and shall be punished as provided in NRS 193.130.

3.  In addition to any other penalty imposed, the court shall order a person who violates subsection 1 to pay a civil penalty of not less than $10,000. The money so collected:

(a) Must not be deducted from any penal fine imposed by the court;

(b) Must be stated separately on the court’s docket; and

(c) Must be remitted forthwith to the Commissioner of Financial Institutions.