Nevada Revised Statutes 599B.120 – Registration of salesperson: Application; statement of seller; fee. [Effective until the date of the repeal of 42 U.S.C. ‘ 666, the federal law requiring each state to establish procedures for withholding, suspendi…
1. An applicant for registration as a salesperson must submit to the Unit, in such form as it prescribes, a written application for registration. The application must set forth the following information:
Terms Used In Nevada Revised Statutes 599B.120
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
- Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- 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
- Salesperson: means any person:
(a) Employed or authorized by a seller to sell, or to attempt to sell, goods or services by telephone;
(b) Retained by a seller to provide consulting services relating to the management or operation of the seller"s business; or
(c) Who communicates on behalf of a seller with a consumer:
(1) In the course of a solicitation by telephone; or
(2) For the purpose of verifying, changing or confirming an order, except that a person is not a salesperson if his or her only function is to identify a consumer by name only and he or she immediately refers the consumer to a salesperson. See Nevada Revised Statutes 599B.010
- seller: means any person who, on his or her own behalf, causes or attempts to cause a solicitation by telephone to be made through the use of one or more salespersons or any automated dialing announcing device under any of the following circumstances:
(a) The person initiates contact by telephone with a consumer and represents or implies:
(1) That a consumer who buys one or more goods or services will receive additional goods or services, whether or not of the same type as purchased, without further cost, except for actual postage or common carrier charges;
(2) That a consumer will or has a chance or opportunity to receive a premium;
(3) That the items for sale are gold, silver or other precious metals, diamonds, rubies, sapphires or other precious stones, or any interest in oil, gas or mineral fields, wells or exploration sites or any other investment opportunity;
(4) That the product offered for sale is information or opinions relating to sporting events;
(5) That the product offered for sale is the services of a recovery service; or
(6) That the consumer will receive a premium or goods or services if he or she makes a donation;
(b) The solicitation by telephone is made by the person in response to inquiries from a consumer generated by a notification or communication sent or delivered to the consumer that represents or implies:
(1) That the consumer has been in any manner specially selected to receive the notification or communication or the offer contained in the notification or communication;
(2) That the consumer will receive a premium if the recipient calls the person;
(3) That if the consumer buys one or more goods or services from the person, the consumer will also receive additional or other goods or services, whether or not the same type as purchased, without further cost or at a cost that the person represents or implies is less than the regular price of the goods or services;
(4) That the product offered for sale is the services of a recovery service; or
(5) That the consumer will receive a premium or goods or services if he or she makes a donation; or
(c) The solicitation by telephone is made by the person in response to inquiries generated by advertisements that represent or imply that the person is offering to sell any:
(1) Gold, silver or other metals, including coins, diamonds, rubies, sapphires or other stones, coal or other minerals or any interest in oil, gas or other mineral fields, wells or exploration sites, or any other investment opportunity;
(2) Information or opinions relating to sporting events; or
(3) Services of a recovery service. See Nevada Revised Statutes 599B.010
- Unit: means the Consumer Affairs Unit of the Department of Business and Industry. See Nevada Revised Statutes 599B.010
(a) The name, age and address of the applicant.
(b) If the applicant is a natural person, the social security number of the applicant.
(c) Each business or occupation engaged in by the applicant during the 2 years immediately preceding the date of the application, and the location thereof.
(d) The previous experience of the applicant as a salesperson.
(e) Whether the applicant has previously been arrested for, convicted of or is under indictment for a felony and, if so, the nature of the felony.
(f) Whether the applicant has previously been convicted of or is under indictment for forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to defraud or any other crime involving moral turpitude.
(g) Whether the applicant has previously been convicted of acting as a salesperson without registration or a license, or whether such a registration or license has previously been refused, revoked or suspended in any jurisdiction.
2. Except as otherwise provided in this subsection, an application filed pursuant to this section must be verified and be accompanied by:
(a) A verified statement of the seller with whom the salesperson will be associated, expressing the intention of the seller to associate the salesperson with him or her and to be responsible for the activities of the salesperson as a registrant;
(b) If the applicant is a natural person, the statement required pursuant to NRS 599B.125; and
(c) A fee for registration in the amount of $100. The fee may be paid after the application is filed, but must be paid within 14 days after the applicant begins work as a salesperson.
3. Any application for registration made by a natural person must be completed personally by the applicant. An application made by a corporation must be signed by an officer of the corporation.