Nevada Revised Statutes 645B.020 – Application for license; application for branch offices; requirements for issuance of license; license for office outside Nevada which conducts business in Nevada
1. A person who wishes to be licensed as a mortgage company must file a written application for a license with the Office of the Commissioner and pay the fee required pursuant to NRS 645B.050. The Commissioner may require the applicant or person to submit the information or pay the fee directly to the Division or, if the applicant or person is required to register or voluntarily registers with the Registry, to the Division through the Registry. An application for a license as a mortgage company must:
Terms Used In Nevada Revised Statutes 645B.020
- 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.
- Fraud: Intentional deception resulting in injury to another.
- 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.
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- mortgage: includes a deed of trust. See Nevada Revised Statutes 0.037
- Mortgage loan: A loan made by a lender to a borrower for the financing of real property. Source: OCC
- Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- 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
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Trustee: A person or institution holding and administering property in trust.
(a) State the name, residence address and business address of the applicant and, if the applicant is a mortgage company other than a wholesale lender, the location of each principal office and branch office at which the mortgage company will conduct business within this State.
(b) State the location of any principal office, office or other place of business located outside this State from which the mortgage company will conduct business in this State and any office or other place of business which the applicant maintains as a corporate or home office.
(c) State the name under which the applicant will conduct business as a mortgage company.
(d) List the name, residence address and business address of each person who will:
(1) If the applicant is not a natural person, have an interest in the mortgage company as a principal, partner, officer, director or trustee, specifying the capacity and title of each such person.
(2) Be associated with or employed by the mortgage company as a mortgage loan originator.
(e) Include a general business plan and a description of the policies and procedures that the mortgage company and his or her mortgage loan originators will follow to arrange and service loans and to conduct business pursuant to this chapter.
(f) State the length of time the applicant has been engaged in the business of a mortgage company.
(g) Include a financial statement of the applicant and, if applicable, satisfactory proof that the applicant will be able to maintain continuously the net worth required pursuant to NRS 645B.115.
(h) Include all information required to complete the application.
(i) Unless fingerprints were submitted to the Registry for the person, include a complete set of fingerprints for each natural person who is a principal, partner, officer, director or trustee of the applicant which the Division may forward to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.
(j) Include any other information required pursuant to the regulations adopted by the Commissioner or an order of the Commissioner.
2. If a mortgage company will conduct business in this State at one or more branch offices, the mortgage company must apply for a license for each such branch office.
3. Except as otherwise provided by law, the Commissioner shall issue a license to an applicant as a mortgage company if:
(a) The application is verified by the Commissioner and complies with the requirements of this chapter; and
(b) The applicant and each general partner, officer or director of the applicant, if the applicant is a partnership, corporation or unincorporated association:
(1) Has demonstrated financial responsibility, character and general fitness so as to command the confidence of the community and warrant a determination that the applicant will operate honestly, fairly and efficiently for the purposes of this chapter.
(2) Has not been convicted of, or entered or agreed to enter a plea of guilty or nolo contendere to, a felony in a domestic, foreign or military court within the 7 years immediately preceding the date of the application, or at any time if such felony involved an act of fraud, dishonesty or a breach of trust, moral turpitude or money laundering.
(3) Has not made a false statement of material fact on the application.
(4) Has never had a license or registration as a mortgage agent, mortgage banker, mortgage broker, mortgage company, mortgage loan originator or residential mortgage loan originator revoked in this State or any other jurisdiction or had a financial services license revoked within the immediately preceding 10 years.
(5) Has not violated any provision of this chapter, a regulation adopted pursuant thereto or an order of the Commissioner.
4. A person may apply for a license for an office or other place of business located outside this State from which the applicant will conduct business in this State if the applicant has a license issued pursuant to this chapter for an office or other place of business located in this State or if the applicant will conduct business in this State only as a wholesale lender, and the applicant submits with the application for a license a statement signed by the applicant which states that the applicant agrees to:
(a) Make available electronically or at a location within this State the books, accounts, papers, records and files of the office or place of business located outside this State to the Commissioner or a representative of the Commissioner; or
(b) Pay the reasonable expenses for travel, meals and lodging of the Commissioner or a representative of the Commissioner incurred during any investigation or examination made at the office or place of business located outside this State. The applicant must be allowed to choose between paragraph (a) or (b) in complying with the provisions of this subsection.