Nevada Revised Statutes 675.2965 – Employee authorized to engage in business of lending at remote location if authorized by licensee; written agreement required; requirements for remote location; duties of licensee
1. An employee of a licensee may engage in the business of lending in this State at a remote location in accordance with NRS 675.2965 to 675.299, inclusive, if authorized by the licensee.
Terms Used In Nevada Revised Statutes 675.2965
- Computerized data system: means a system of software, hardware or firmware, including, without limitation, a system of web-based applications, that:
(a) Is owned, leased or licensed by a licensee;
(b) Is located at the place of business of the licensee or hosted remotely; and
(c) Stores or provides access to personal information, financial information or other data related to borrowers or potential borrowers. See Nevada Revised Statutes 675.020
- License: means a license, issued under the authority of this chapter, to make loans in accordance with the provisions of this chapter, at a single place of business. See Nevada Revised Statutes 675.020
- Licensee: means a person to whom one or more licenses have been issued. See Nevada Revised Statutes 675.020
- Oversight: Committee review of the activities of a Federal agency or program.
- 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
- Remote location: means a location other than an office or place of business for which a license has been issued pursuant to this chapter and at which an employee of a licensee engages in the business of lending in this State pursuant to Nevada Revised Statutes 675.020
2. Before authorizing an employee to engage in the business of lending in this State at a remote location, a licensee must enter into a written agreement with the employee that is signed by the employee in which the employee:
(a) Agrees to:
(1) Maintain the confidentiality of data concerning borrowers and potential borrowers while working at the remote location;
(2) Maintain all data of the licensee electronically while working at the remote location;
(3) Read and comply with the data security policy adopted by the licensee pursuant to NRS 675.297; and
(4) Keep any equipment provided to the employee by the licensee for use at the remote location safe and secure in the manner prescribed by the licensee; and
(b) Agrees not to:
(1) Print or otherwise reproduce physical documents containing any data of the licensee at the remote location;
(2) Except as authorized by NRS 675.298, disclose to a borrower or potential borrower that the employee is working at a remote location;
(3) Convey to a borrower or potential borrower that the remote location at which the employee is working is the place of business of the licensee; and
(4) Conduct any interactions with a borrower or potential borrower in person at the remote location.
3. A licensee shall not authorize an employee to engage in the business of lending in this State at a remote location unless the remote location:
(a) Is located in the United States;
(b) Is secure and sufficiently closed off from the public to enable the employee to maintain the confidentiality of borrowers and potential borrowers; and
(c) Contains all the equipment necessary for the employee to perform his or her work for the licensee, which must:
(1) Be sufficiently connected to the systems used by the licensee, including, without limitation, telephone systems, computerized data systems and other computer systems, to allow the licensee to monitor and oversee the work of the employee as though the employee were performing the same work at the place of business of the licensee; and
(2) Require the employee to enter unique credentials, passwords or similar information to access the computerized data system of the licensee and other computer systems used by the licensee to conduct business.
4. A licensee shall ensure that each employee of the licensee who engages in the business of lending at a remote location:
(a) Before beginning work at a remote location, completes a training program at the place of business of the licensee that includes, without limitation, instruction on privacy, confidentiality, monitoring and security in the context of remote work and compliance with applicable laws and the policies of the licensee;
(b) Receives the same level of communication, management, oversight and monitoring he or she would receive while working at the place of business of the licensee; and
(c) Complies with the provisions of this chapter and the regulations adopted pursuant thereto.
5. As used in this section, ‘place of business’ means an office or place of business for which a license has been issued pursuant to this chapter.