Nev. Rev. Stat. § 239A.010
Definitions
As used in this chapter, unless the context otherwise requires, the terms defined in NRS 239A.020 to 239A.050, inclusive, have the meanings ascribed to them in those sections.
Nevada Revised Statutes Chapter 239A — Disclosure of Financial Information to Governmental Agencies
Nevada · statute · Nev. Rev. Stat. ch. 239A · 21 active provisions
Nev. Rev. Stat. § 239A.020
“Customer” defined
“Customer” means any person who has transacted business with or has used the services of a financial institution or for whom a financial institution has acted as a fiduciary.
Nev. Rev. Stat. § 239A.030
“Financial institution” defined
“Financial institution” means any banking corporation, trust company, savings and loan association, savings bank, thrift company or credit union subject to regulation under the laws of this state.
Nev. Rev. Stat. § 239A.040
“Financial records” defined
“Financial records” means: 1. Any original or any copy of any record or document held by a financial institution pertaining to a customer of the financial institution. 2. The information contained in such record or document.
Nev. Rev. Stat. § 239A.050
“Governmental agency” defined
“Governmental agency” means an officer, board, commission, department, division, bureau, district or any other unit of government, including political subdivisions, of this State.
Nev. Rev. Stat. § 239A.070
Inapplicability of chapter; disclosures not prohibited by chapter
This chapter does not apply to any subpoena issued pursuant to title 14 or chapters 616A to 617, inclusive, of NRS or prohibit: 1. Dissemination of any financial information which is not identified with or identifiable as being derived from the financial records of a particular customer. 2. The Attorney General, State…
Nev. Rev. Stat. § 239A.075
Disclosure of balance of account to certain persons upon presentation of proof of death; fee
Upon presentation of a death certificate, affidavit of death or other proof of death, a financial institution shall provide the Director of the Department of Human Services or a public administrator or a person employed or contracted with pursuant to NRS 253.125, as applicable, with a statement which sets forth the ide…
Nev. Rev. Stat. § 239A.076
Disclosure of balance of encumbrance against real property to certain persons upon presentation of proof of death; fee
Upon presentation of a death certificate, affidavit of death or other proof of death, a lender, trustee or assignee of an encumbrance against real property shall provide the Director of the Department of Human Services or a public administrator or a person employed or contracted with pursuant to NRS 253.125, as applica…
Nev. Rev. Stat. § 239A.077
Provision of access to safe-deposit box to certain persons upon presentation of proof of death; costs and expenses
Upon presentation of a death certificate, affidavit of death or other proof of death, a financial institution shall provide a public administrator or a person employed or contracted with pursuant to NRS 253.125, as applicable, with access to a safe-deposit box rented in the sole name of the decedent, or jointly owned w…
Nev. Rev. Stat. § 239A.080
Examination and disclosure of financial records: Restrictions; exception
Except as provided in subsection 3 and NRS 239A.070 and 239A.150: 1. An officer, employee or agent of a governmental agency shall not request or receive the financial records of any customer from a financial institution unless: (a) The request relates to a lawful investigation of the customer; (b) The financial records…
Nev. Rev. Stat. § 239A.090
Customer’s authorization of disclosure of financial records; notice of examination; invalidity of waiver of rights or procedures
1. A customer may authorize disclosure of financial records pertaining to him or her by signing and dating a statement in which the customer: (a) Authorizes the disclosure for a period specified in the statement; (b) Specifies the name of the governmental agency to which disclosure is authorized and, if applicable, the…
Nev. Rev. Stat. § 239A.100
Subpoena to obtain financial records: Service; notice to customer; priority of proceeding to quash subpoena
1. Except as provided in subsection 2, a subpoena authorizing a governmental agency to obtain financial records may be served upon a financial institution only if: (a) A copy of the subpoena is served upon the customer in the manner provided by law for the service of subpoenas, except that the copy may be served by an…
Nev. Rev. Stat. § 239A.110
Search warrant affecting financial records: Withholding of notification to customer
When a search warrant affecting the financial records of a customer is issued, the magistrate may order the financial institution to withhold notification to the customer of receipt of the warrant upon a finding that the notification would impede the investigation.
Nev. Rev. Stat. § 239A.120
Release of financial records by one agency to another
A governmental agency shall not provide financial records obtained under this chapter to any other governmental agency unless that other agency has independently obtained authorization to receive such financial records in accordance with the provisions of this chapter.
Nev. Rev. Stat. § 239A.130
Determination by financial institution of compliance with chapter; limitation on liability of financial institution
1. A financial institution is not required to inquire or determine that a governmental agency seeking disclosure of financial records has complied with the requirements of this chapter if the customer authorization, subpoena or search warrant served upon the financial institution shows compliance on its face. 2. A fina…
Nev. Rev. Stat. § 239A.140
Record of examination or disclosure of financial records: Maintenance; availability to customer
1. A financial institution shall maintain for a period of 5 years a record of all examinations or disclosures of the financial records of a customer, including: (a) The identity of the person examining the financial records; (b) The name of the governmental agency he or she represented; and (c) A copy of the customer a…
Nev. Rev. Stat. § 239A.150
Limited disclosure by banks under certification of district attorney, sheriff or police department
When a district attorney, sheriff or police department in this State certifies to a bank in writing that a crime report has been filed which involves the alleged fraudulent use of drafts, checks or other orders drawn upon any bank in this State, the district attorney, sheriff or police department may request the bank t…
Nev. Rev. Stat. § 239A.160
Limitation of actions
An action based upon the violation of any of the provisions of this chapter shall not be commenced more than 3 years after the date on which the violation occurred.
Nev. Rev. Stat. § 239A.170
Injunctive relief; costs and attorney’s fees
1. In addition to any other remedy provided by law, a customer aggrieved by a violation or threatened violation of the provisions of this chapter may seek injunctive relief as provided by law. 2. If a customer prevails in any proceeding to enforce any of the provisions of this chapter, the customer may recover costs an…
Nev. Rev. Stat. § 239A.180
Inadmissibility of evidence obtained in violation of chapter
Evidence obtained in violation of any of the provisions of this chapter is inadmissible in any proceeding except a proceeding to enforce the provisions of this chapter.
Nev. Rev. Stat. § 239A.190
Penalty
Any person who knowingly participates in or knowingly induces or attempts to induce a violation of any prohibition in this chapter is guilty of a misdemeanor.