Nevada · statute · Nev. Rev. Stat. ch. 91 · 34 active provisions
The Legislature intends that this chapter be construed and implemented to effectuate its general purpose to protect investors, to prevent and prosecute illegal and fraudulent schemes involving commodity contracts and to maximize coordination with federal and other states’ law and the administration and enforcement ther…
As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 91.030 to 91.150, inclusive, have the meanings ascribed to them in those sections.
“Administrator” means the Deputy of Securities appointed pursuant to NRS 225.060.
“Board of trade” means any person or group of persons engaged in buying or selling any commodity or receiving any commodity for sale on consignment, whether or not the person or group of persons is characterized as a board of trade, exchange or other form of market place.
1. “Commodity” means, except as otherwise provided in subsection 2 or specified by the Administrator by regulation or order: (a) Any agricultural, grain or livestock product or by-product; (b) Any metal or mineral, including a precious metal; (c) Any gem or gemstone whether characterized as precious, semiprecious or ot…
1. “Commodity contract” means any account, agreement or contract for the purchase or sale, primarily for speculation or investment purposes and not for use or consumption by the offeree or purchaser, of one or more commodities, whether for immediate or subsequent delivery or whether delivery is intended by the parties,…
“Commodity Exchange Act” means the act of Congress known as the Commodity Exchange Act, 7 U.S.C. §§ 1 et seq.
“Commodity Futures Trading Commission” means the independent regulatory agency established by Congress to administer the Commodity Exchange Act.
“Commodity merchant” means any of the following, as defined or described in the Commodity Exchange Act or by a rule of the Commodity Futures Trading Commission: 1. A futures commission merchant; 2. A commodity pool operator; 3. A commodity trading adviser; 4. An introducing broker; 5. A leverage transaction merchant; 6…
“Commodity option” means any account, agreement or contract giving a party thereto the right but not the obligation to purchase or sell one or more commodities or one or more commodity contracts, whether characterized as an option, privilege, indemnity, bid, offer, put, call, advance guaranty, decline guaranty or other…
“Financial institution” means a bank, credit union, savings institution or trust company organized under, or supervised pursuant to, the laws of the United States or of any state.
“Offer” includes every offer to sell, purchase or enter into a commodity contract or commodity option.
1. “Person” includes a government, governmental agency or political subdivision of a government. 2. “Person” does not include a contract market designated by the Commodity Futures Trading Commission or any clearinghouse thereof or a national securities exchange registered with the Securities and Exchange Commission, or…
“Precious metal” means the following in either coin, bullion or other form: 1. Silver; 2. Gold; 3. Platinum; 4. Palladium; 5. Copper; and 6. Such other items as the Administrator may specify by regulation or order.
“Sale” or “sell” includes every contract of sale, contract to sell or disposition for value.
1. This chapter must be administered by the Administrator of the Securities Division of the Office of the Secretary of State. 2. It is unlawful for the Administrator or any employee of the Administrator to use for personal benefit any information which is filed with or obtained by the Administrator and which is not mad…
1. To encourage uniform application and interpretation of this chapter and regulation and enforcement of securities laws in general, the Administrator and the employees of the Administrator may cooperate, including bearing the expense of the cooperation, with the securities agency or administrator of another jurisdicti…
Nothing in this chapter impairs, derogates or otherwise affects the authority or powers of the Administrator under chapter 90 of NRS or the application of any provision thereof to any person or transaction subject thereto.
Except as otherwise provided in NRS 91.200 and 91.210, a person shall not sell or purchase or offer to sell or purchase any commodity under any commodity contract or under any commodity option or offer to enter into or enter into as seller or purchaser any commodity contract or any commodity option.
The prohibitions in NRS 91.190 do not apply to any transaction offered by and in which any of the following persons, or any employee, officer or director thereof acting solely in that capacity, is the purchaser or seller: 1. A person registered with the Commodity Futures Trading Commission as a futures commission merch…
1. The prohibitions in NRS 91.190 do not apply to the following: (a) An account, agreement or transaction within the exclusive jurisdiction of the Commodity Futures Trading Commission granted under the Commodity Exchange Act. (b) A commodity contract for the purchase of one or more precious metals which requires, and u…
1. A person shall not engage in a trade or business or otherwise act as a commodity merchant unless the person: (a) Is registered or temporarily licensed with the Commodity Futures Trading Commission for each activity constituting the person as a commodity merchant and the registration or temporary license has not expi…
A person shall not directly or indirectly: 1. Cheat or defraud, or attempt to cheat or defraud, any other person or employ any device, scheme or artifice to defraud any other person; 2. Make any false report, enter any false record, or make any untrue statement of a material fact or omit to state a material fact necess…
1. NRS 91.190, 91.220 and 91.230 apply to persons who sell or offer to sell when: (a) An offer to sell is made in this State; or (b) An offer to buy is made and accepted in this State. 2. NRS 91.190, 91.220 and 91.230 apply to persons who buy or offer to buy when: (a) An offer to buy is made in this State; or (b) An of…
1. The act, omission, or failure of any officer, agent or other person acting for any natural person, association, partnership, corporation or trust within the scope of his or her employment or office shall be deemed the act, omission or failure of the natural person, association, partnership, corporation or trust, as…