NRS658.151. Power of Commissioner to take possession of business and property of depository institution; grounds.  


Latest version.
  •       1.  The Commissioner may forthwith take possession of the business and property of any depository institution to which this title or title 56 of NRS applies when it appears that the depository institution:

          (a) Has violated its charter or any laws applicable thereto.

          (b) Is conducting its business in an unauthorized or unsafe manner.

          (c) Is in an unsafe or unsound condition to transact its business.

          (d) Has an impairment of its stockholders’ or members’ equity.

          (e) Has refused to pay its depositors in accordance with the terms on which such deposits were received, or has refused to pay its holders of certificates of indebtedness or investment in accordance with the terms upon which those certificates of indebtedness or investment were sold.

          (f) Has become or is in imminent danger of becoming otherwise insolvent.

          (g) Has neglected or refused to comply with the terms of a lawful order of the Commissioner.

          (h) Has refused, upon proper demand, to submit its records, affairs and concerns for inspection and examination of an appointed or authorized examiner of the Commissioner.

          (i) Has made a voluntary assignment of its assets to trustees.

          (j) Has failed to pay a tax as required pursuant to the provisions of chapter 363A of NRS.

          2.  The Commissioner also may forthwith take possession of the business and property of any depository institution to which this title or title 56 of NRS applies when it appears that the officers of the depository institution have refused to be examined upon oath regarding its affairs.

      (Added to NRS by 1971, 1001; A 1983, 1754; 1985, 2155; 1987, 1900; 1997, 975; 2003, 20th Special Session, 225; 2009, 1830)