Nevada Revised Statutes 422A.493 – Establishment of individual development account by qualified person; qualifications to become account holder; requirements for certain account holders and fiduciary organizations
‘ 1. Except as otherwise provided in subsection 6, a person who qualifies to become an account holder pursuant to subsection 2 may, if the Individual Development Account Program is established and sufficient money is available, establish an individual development account pursuant to NRS 422A.487 to 422A.497, inclusive.
Terms Used In Nevada Revised Statutes 422A.493
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Contract: A legal written agreement that becomes binding when signed.
- Fiduciary: A trustee, executor, or administrator.
- person: means a natural person, any form of business or social organization and any other nongovernmental legal entity including, but not limited to, a corporation, partnership, association, trust or unincorporated organization. See Nevada Revised Statutes 0.039
2. To qualify to become an account holder, a person must be:
(a) A resident of this State;
(b) Twelve years of age or older; and
(c) At least one of the following:
(1) A tenant of a housing project operated by:
(I) A local housing authority pursuant to NRS 315.140 to 315.7813, inclusive;
(II) The Nevada Rural Housing Authority pursuant to NRS 315.961 to 315.99874, inclusive; or
(III) A nonprofit organization which primarily provides affordable housing developments that are financed, wholly or in part, with low-income housing tax credits, private activity bonds or money from a governmental entity for affordable housing, including, without limitation, money received pursuant to the HOME Investment Partnerships Act, 42 U.S.C. § 12701 et seq.;
(2) A recipient of Medicaid;
(3) A provider of foster care who establishes an individual development account for a child placed in the care of the provider of foster care pursuant to NRS 424.088; or
(4) A relative or a fictive kin with whom a child is placed pursuant to paragraph (b) of subsection 6 of NRS 432B.390 who establishes an individual development account for the child pursuant to NRS 432B.645.
3. To establish an individual development account pursuant to subsection 1, the account holder and a fiduciary organization must enter into an agreement wherein the account holder deposits funds into a financial institution in this State and the fiduciary organization deposits matching funds into the financial institution in this State pursuant to NRS 422A.495 with the goal of enabling the account holder to accumulate assets for use toward achieving a specific purpose authorized by the fiduciary organization pursuant to NRS 422A.494.
4. Except for a provider of foster care or a relative or fictive kin with whom a child is placed pursuant to paragraph (b) of subsection 6 of NRS 432B.390 or for a child for whom an individual development account is established by a provider of foster care or such a relative or fictive kin, every account holder, with support from the fiduciary organization, shall develop a personal development plan to increase the financial independence of the account holder and the household of the account holder through achievement of the authorized purpose of the individual development account. The account holder shall specify in the personal development plan the purpose for the use of the money in the individual development account. Such purposes must comply with NRS 422A.494. In providing support to an account holder, the fiduciary organization shall ensure that:
(a) Instruction in financial literacy is provided to the account holder; and
(b) Mentorship or financial coaching services are provided to the account holder.
5. The fiduciary organization may contract for the services of an independent contractor to provide the instruction and mentorship or financial coaching services required pursuant to subsection 4.
6. A fiduciary organization shall refuse to allow a person who qualifies to become an account holder pursuant to subsection 2 to establish an individual development account if establishment of the individual development account would result in the members of the household of the person, as defined in NRS 422A.494, having more than two individual development accounts.
7. As used in this section, ‘local housing authority’ means an authority as defined in NRS 315.170.