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2017 Official Opinions Op. Nev. Att'y Gen. 1 (2017)

handle is hein.sag/sagnv0115 and id is 1 raw text is: 






ADAM PAUL LAXALT
    Attorney General


OPINION NO. 2017-01


                                           WESLEY K. DUNCAN
                                           First Assistant Attorney General
                                        NICHOLAS A. TRUTANICH
                                          First Assistant Attorney General
          STATE OF NEVADA
OFFICE OF THE ATTORNEY GENERAL
          100 North Carson Street
          Carson City, Nevada 89701

             January 27, 2017


FINANCIAL INSTITUTIONS: CREDIT:
RETAILER: LICENSES: Chapter 675 is
properly   interpreted as   having   no
application to a retailer who finances the
retailer's own sales pursuant to the
provisions of Chapter 97 of the NRS, but
otherwise engages in no lending activity.
Such retail financing activity is governed
exclusively by the provisions of Chapter
97 of the NRS.


George E. Burns
Commissioner
Financial Institutions Division
2785 E. Desert Inn Rd., Suite 180
Las Vegas, Nevada 89121

Dear Mr. Bums:

       On behalf of the Division of Financial Institutions (Division), you have requested
a formal opinion from the Office of the Attorney General pursuant to NRS 228.150
regarding the scope of Chapter 675 of the NRS. Chapter 675 applies to any person who
... [m]akes installment loans that are not subject to regulation pursuant to Chapter 604A
of NRS. Your question does not implicate Chapter 604A of the NRS, which governs
persons who issue short-term, high interest loans, but rather Chapter 97 of the NRS,
which governs retailers who finance their own sales of goods and services. You have
asked whether such retailers are simultaneously subject to the provisions of Chapters 97
and 675 of the NRS.

       The Division licenses and regulates lenders who are subject to the provisions of
Chapter 675 of the NRS. The Division approves forms for use by retailers who are


Telephone: 775-684-1100 * Fax: 775-684.1108 * Web: ag.nv.gov * E-mail: aginfoAa.nv.gov
     Twitter: @NevadaAG • Facebook: /NVAttorneyGeneral * YouTube: /NevadaAG

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