[Rev. 11/21/2013 1:02:06
PM--2013]
CHAPTER 660 - BRANCH OFFICES; ELECTRONIC
TERMINALS; AUTOMATED TELLERS
BRANCH OFFICES
NRS 660.015 Location;
establishment; discontinuance; review of Commissioner’s action.
NRS 660.025 Service
centers: Definition; establishment.
NRS 660.035 Foreign
branches: Contents of application; powers of Commissioner; separate accounting
for each branch required.
ELECTRONIC TERMINALS
NRS 660.045 Definitions.
NRS 660.050 Authority
to operate; terminal is not branch office.
NRS 660.052 Fee
for and record of transaction.
NRS 660.055 Offices
for mechanical tellers: Contents.
NRS 660.065 Offices
for mechanical tellers: Authorization by Commissioner; office is not branch
office.
NRS 660.075 Application
to establish office for mechanical teller; fee for application; annual fee;
regulations.
NRS 660.085 Discontinuance
of office for mechanical teller.
NRS 660.095 Sharing
of mechanical tellers and other electronic terminals.
NRS 660.105 Construction
of provisions relating to electronic transfer of money.
AUTOMATED TELLERS
NRS 660.115 Definitions.
NRS 660.125 “Area
of access” defined.
NRS 660.135 “Automated
teller” defined.
NRS 660.145 “Control”
defined.
NRS 660.155 “Customer”
defined.
NRS 660.165 “Defined
parking area” defined.
NRS 660.175 “Device
for access” defined.
NRS 660.185 “Operator”
defined.
NRS 660.195 Operator
to adopt procedure for evaluating safety of location of automated teller before
installation; exception.
NRS 660.205 Requirements
for illumination.
NRS 660.215 Notice
of basic precautions: Requirements; issuance to customers; sufficiency.
NRS 660.225 Applicability.
NRS 660.235 Preemption
of codes, ordinances and regulations of local governments relating to safety of
customers at automated tellers.
_________
BRANCH OFFICES
NRS 660.015 Location; establishment; discontinuance; review of
Commissioner’s action.
1. Banks organized under this title may
maintain branch offices but the location of the principal office and the parent
bank must be within this State.
2. Additional branch offices may be from
time to time established by the board of directors with the written consent of
the Commissioner.
3. A bank may discontinue a branch office
upon resolution of its board of directors. Upon the adoption of the resolution,
the bank shall file a certification with the Commissioner specifying the
location of the branch office to be discontinued and the date upon which it is
proposed that the discontinuance is to be effective. This certificate must
state the reasons for the closing of the branch office and indicate that the
needs and conveniences of the community would still be adequately met. Notice
stating the intention to discontinue the branch office must be published in a
newspaper serving the community once a week for 4 consecutive weeks before any
certificate requesting discontinuance is filed with the Commissioner. No branch
office may be discontinued until approved by the Commissioner, who shall first
hold a public hearing thereon, if so requested by any interested person.
4. Any action taken by the Commissioner
pursuant to this section is subject to review in the same manner as provided in
NRS 659.055.
(Added to NRS by 1971, 972; A 1983, 1729; 1987, 1905)
NRS 660.025 Service centers: Definition; establishment.
1. As used in this section, “service
center” is a place where functions of a bank are performed that do not involve
the receiving of deposits, making of loans or withdrawals or handling of cash.
2. Banks organized under this title may
establish and maintain one or more service centers within or outside this State
according to their needs.
3. A service center may be established by
a bank by the vote of its board of directors. The bank shall inform the
Commissioner in writing of its intention to establish a service center and the
location thereof.
4. A service center does not constitute
branch banking. No license, certificate or prior approval of the Commissioner,
of the Division of Financial Institutions or of the Department of Business and
Industry is necessary before a service center may be established.
(Added to NRS by 1971, 973; A 1983, 1730; 1987, 1905; 1993, 1894; 1997, 979)
NRS 660.035 Foreign branches: Contents of application; powers of
Commissioner; separate accounting for each branch required.
1. Any bank organized under the laws of
this State that has a stockholders’ or members’ equity of $1,000,000 or more
may file an application with the Commissioner for permission to establish, upon
conditions and under such regulations as may be prescribed by the Commissioner,
branches in foreign countries or dependencies or singular possessions of the
United States for the furtherance of the foreign commerce of the United States
and to act, if required to do so, as fiscal agents of the United States.
2. The application must specify:
(a) The name and stockholders’ or members’ equity
of the bank filing it.
(b) The powers applied for.
(c) The place or places where the banking
operations are to be carried on.
3. The Commissioner may:
(a) Approve or reject the application in whole or
in part if for any reason the granting of the application is deemed
inexpedient.
(b) From time to time increase or decrease the
number of places where the banking operations may be carried on.
4. Every bank operating foreign branches
must be required to furnish information concerning the condition of those
branches to the Commissioner upon demand, and the Commissioner may order
special examinations of such branches at such time or times as the Commissioner
may deem best.
5. Each bank shall conduct the accounts of
each foreign branch independently of the accounts of other foreign branches
established by it and of its home office and shall, at the end of each year,
transfer to its general ledger the profit or loss accrued at each branch as a
separate item.
(Added to NRS by 1971, 973; A 1983, 1730; 1987, 1905; 1997, 979)
ELECTRONIC TERMINALS
NRS 660.045 Definitions. As
used in NRS 660.045 to 660.105,
inclusive, unless the context otherwise requires:
1. “Electronic terminal” means an
electronic device, other than a telephone operated by a customer, through which
a customer may initiate an electronic transfer of money. The term includes, but
is not limited to, mechanical tellers.
2. “Electronic transfer of money” means
any transfer of money, other than a transaction initiated by a check, draft or
other similar instrument, that is initiated through an electronic terminal,
telephone, computer or magnetic tape for the purpose of ordering, instructing
or authorizing a financial institution to debit or credit an account.
3. “Financial institution” means a bank,
savings and loan association, thrift company or credit union regulated pursuant
to this title or title 56 of NRS.
4. “Mechanical teller” means an electronic
terminal used by a financial institution to effectuate transactions solely
between itself and its customers. The term does not include any device used
solely to guarantee the payment of a check or to authorize or verify the
issuance of a check.
(Added to NRS by 1985, 983; A 1989, 712)
NRS 660.050 Authority to operate; terminal is not branch office.
1. A financial institution may operate one
or more electronic terminals in this State.
2. For the purposes of NRS 660.045 to 660.105,
inclusive, this title and title 56 of NRS, an electronic terminal is not a
branch office of a financial institution organized under the provisions of this
title or title 56 of NRS.
(Added to NRS by 1989, 711)
NRS 660.052 Fee for and record of transaction.
1. A financial institution operating an
electronic terminal may charge a transaction fee to the customer using the
electronic terminal if the transaction fee is disclosed electronically during
the course of the transaction so as to permit the customer to cancel the
transaction without incurring the transaction fee.
2. For each transaction processed by an
electronic terminal, except for a transaction involving a negotiable instrument
that is its own receipt, the electronic terminal must, at the time of the
transaction, make available to the customer a machine processed or handwritten
record of each transaction. The record must include:
(a) The amount of the transaction. A fee for the
transaction may be included in this amount if the electronic terminal is owned
or operated by a person other than the financial institution that holds the
customer’s account if the fee is disclosed on the record of the transaction and
pursuant to subsection 1.
(b) The date of the transaction.
(c) The type of transaction and the type of
account to or from which money is transferred. Codes may be used for this
purpose if they are explained on the record of the transaction.
(d) A number or code that identifies the
customer, the customer’s account number or the device used to access the
electronic terminal.
(e) The location of the electronic terminal, or a
number or code identifying that location.
(f) The name of each third party to or from whom
money is transferred, if the name provided by the customer can be reproduced by
the electronic terminal on the record of the transaction. A code may be used
for this purpose only if it is explained on the record of the transaction.
(Added to NRS by 1989, 711; A 2013, 636)
NRS 660.055 Offices for mechanical tellers: Contents. In addition to the mechanical tellers, an
office for mechanical tellers may include:
1. A night depository; and
2. Employees of the financial institution
whose functions do not include the conducting of transactions with customers.
(Added to NRS by 1985, 984)
NRS 660.065 Offices for mechanical tellers: Authorization by Commissioner;
office is not branch office.
1. When authorized by the Commissioner, a
financial institution may establish and operate one or more offices for
mechanical tellers in this state.
2. For the purposes of NRS 660.045 to 660.105,
inclusive, this title and title 56 of NRS, an office for mechanical tellers is
not a branch office of a financial institution organized under the provisions
of this title or title 56 of NRS.
(Added to NRS by 1985, 984; A 1987, 1314, 1906)
NRS 660.075 Application to establish office for mechanical teller; fee for
application; annual fee; regulations.
1. An application for authority to
establish and operate one or more offices for mechanical tellers must be made
to the Commissioner on the form prescribed by the Commissioner and accompanied
by a fee of not more than $200 per teller. If the Commissioner approves the
application, the financial institution must pay an annual fee of not more than
$100 for each mechanical teller that it operates.
2. The Commissioner shall adopt
regulations establishing the amount of the fees required pursuant to this
section.
(Added to NRS by 1985, 984; A 1987, 1906; 2005, 1844)
NRS 660.085 Discontinuance of office for mechanical teller.
1. If a financial institution wishes to
discontinue the operation of an office for mechanical tellers, it must notify
the Commissioner in writing not less than 30 days before the proposed date for
discontinuance. The notice must state the reasons for the closing of the office
and indicate that the needs and convenience of the community in which the
office is located would still be adequately met.
2. If the Commissioner determines that the
discontinuance would significantly limit financial services which would be
available to the residents of the community in which the office is located, the
Commissioner shall so notify the institution. The institution must then cause
notice of its intention to discontinue the operation of the office to be
published in a newspaper serving that community once a week for 4 consecutive
weeks. The operation of the office may not be discontinued until approved by
the Commissioner, who shall first hold a public hearing thereon if requested by
any interested person.
3. Any action taken by the Commissioner
pursuant to subsection 2 is subject to review in the same manner as provided in
NRS 659.055.
(Added to NRS by 1985, 984; A 1987, 1906)
NRS 660.095 Sharing of mechanical tellers and other electronic terminals.
1. A financial institution may share the
space in an office for mechanical tellers or may share use of a mechanical
teller with other financial institutions or such other persons as the
Commissioner may approve.
2. A financial institution may share the
use of its electronic terminals with other financial institutions or such other
persons as the Commissioner may approve.
3. An agreement to share mechanical
tellers or electronic terminals may not prohibit, limit or restrict the right
of a financial institution to charge a customer any fees allowed by state or
federal law, or require a financial institution to limit or waive its rights or
obligations under this chapter.
(Added to NRS by 1985, 984; A 1987, 1907; 1989, 713)
NRS 660.105 Construction of provisions relating to electronic transfer of
money. The provisions of this
chapter relating to the electronic transfer of money must be construed in a
manner which is consistent with, and which is not less restrictive than, the
Electronic Fund Transfer Act, 15 U.S.C. §§ 1693-1693r, inclusive.
(Added to NRS by 1989, 712)
AUTOMATED TELLERS
NRS 660.115 Definitions. As
used in NRS 660.115 to 660.235,
inclusive, unless the context otherwise requires, the words and terms defined
in NRS 660.125 to 660.185,
inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 1991, 1123)
NRS 660.125 “Area of access” defined. “Area
of access” means a paved walkway or sidewalk which is within 50 feet of an
automated teller, except a publicly maintained road or a sidewalk as defined in
NRS 484A.240.
(Added to NRS by 1991, 1123)
NRS 660.135 “Automated teller” defined. “Automated
teller” means any electronic device which accepts or dispenses cash in
connection with an account maintained in a financial institution or with
another business. The term does not include a device used solely to guarantee
the payment of a check or to authorize or verify the issuance of a check, or
used in connection with the acceptance or dispensing of cash by one natural
person to another.
(Added to NRS by 1991, 1123)
NRS 660.145 “Control” defined. A
person has “control” of an area of access or a defined parking area if the
person has the present authority to determine how, when and by whom it is to be
used and how it is to be maintained, lit and landscaped.
(Added to NRS by 1991, 1123)
NRS 660.155 “Customer” defined. “Customer”
means a natural person to whom a device for access has been issued for
personal, family or household use.
(Added to NRS by 1991, 1123)
NRS 660.165 “Defined parking area” defined.
1. “Defined parking area” means that
portion of any parking area open for customer parking which is:
(a) Contiguous to an area of access to an
automated teller;
(b) Regularly, principally and lawfully used for
parking by users of the automated teller while using it between a half hour
after sunset and a half hour before sunrise; and
(c) Owned or leased by the operator of the automated
teller or owned or controlled by the party leasing the site of the automated
teller to the operator.
2. The term does not include any parking
area while it is not open or regularly used for parking by users of the
automated teller who are using it between a half hour after sunset and a half
hour before sunrise.
3. A parking area is not open if it is
physically closed to access or if conspicuous signs indicate that it is closed.
4. If a parking area that has more than
one level would otherwise be a defined parking area, only the single level
deemed by the operator of the automated teller to be the most directly
accessible to the users of the automated teller is a defined parking area
pursuant to the provisions of NRS 660.115 to 660.235, inclusive.
(Added to NRS by 1991, 1124)
NRS 660.175 “Device for access” defined. “Device
for access” means a card, code or other means of access to a customer’s
account, or any combination of these, which may be used to accomplish the
deposit or withdrawal of cash.
(Added to NRS by 1991, 1124)
NRS 660.185 “Operator” defined. “Operator”
means a financial institution or other person who operates an automated teller.
(Added to NRS by 1991, 1124)
NRS 660.195 Operator to adopt procedure for evaluating safety of location of
automated teller before installation; exception.
1. The operator of an automated teller
shall adopt a procedure for evaluating the safety of its location before it is
installed. The procedure must include the consideration of:
(a) The extent to which the lighting for the
automated teller complies with the standards required by NRS
660.205;
(b) The presence of landscaping, vegetation or
other obstructions in the area of the automated teller, the area of access and
the defined parking area; and
(c) The incidence of crimes of violence in the
immediate neighborhood of the automated teller, both those included in the
records of the local law enforcement agency and any others of which the
operator has knowledge.
2. NRS 660.115
to 660.235, inclusive, do not impose a duty to relocate
or modify an automated teller installed before October 1, 1991.
(Added to NRS by 1991, 1124)
NRS 660.205 Requirements for illumination.
1. The operator of an automated teller
shall provide illumination from a half hour after sunset until a half hour
before sunrise of at least 10 foot-candles, measured 3 feet above ground level,
at the face of the automated teller and extending outward at least 5 feet in
each unobstructed direction.
2. The operator of an automated teller, if
the operator controls the area of access or the defined parking area, or the
lessor or other person who controls each of these areas, shall provide
illumination from a half hour after sunset until a half hour before sunrise of
at least 2 foot-candles, measured 3 feet above ground level, within 50 feet in
all unobstructed directions from the face of the automated teller and in that
portion of the defined parking area which is within 60 feet from the automated
teller.
3. If an automated teller is located
within 10 feet of the corner of a building and the automated teller is
generally accessible from the adjacent side of the building, the illumination
must be at least 2 foot-candles, measured 3 feet above ground level, along the
first 40 unobstructed feet of the adjacent side of the building.
(Added to NRS by 1991, 1124)
NRS 660.215 Notice of basic precautions: Requirements; issuance to
customers; sufficiency.
1. Each issuer of a device for access to
an automated teller shall deliver personally or by mail to each customer,
except as otherwise provided in this section, whose mailing address for the
account to which the device relates is in this state, a notice of basic
precautions to be taken by the customer. Only one notice need be furnished per
household, and if devices for access are furnished to more than one customer
for a single account or set of accounts or on the basis of a single application
or other request for the devices, a single notice may be furnished in
satisfaction of the requirements of this section as to all those customers. The
information may be included with other disclosures related to the device
furnished to the customer, such as an initial or periodic disclosure furnished
pursuant to federal law.
2. The notice required by this section is
sufficient if the customer is advised to:
(a) Be aware of his or her surroundings,
particularly later than a half hour after sunset;
(b) Consider having someone accompany him or her
when the automated teller is used later than a half hour after sunset;
(c) Refrain from displaying his or her cash,
pocket the cash as soon as the transaction is completed and count the cash
later in the safety of his or her car or home;
(d) Consider using another automated teller, or
coming back later, if he or she notices anything suspicious;
(e) Consider cancelling the transaction,
pocketing the device for access and leaving if he or she notices anything
suspicious while transacting business at the automated teller; and
(f) Report all crimes to the operator of the automated
teller and to local law enforcement officials immediately.
(Added to NRS by 1991, 1125)
NRS 660.225 Applicability. The
provisions of NRS 660.115 to 660.235,
inclusive, do not apply with respect to any automated teller:
1. Located inside of a building:
(a) Unless the building exists for the sole
purpose of providing an enclosure for the automated teller; or
(b) Except to the extent a transaction can be
conducted from outside the building.
2. Located in any area, including a
building, which is not controlled by the operator.
(Added to NRS by 1991, 1125)
NRS 660.235 Preemption of codes, ordinances and regulations of local
governments relating to safety of customers at automated tellers.
1. NRS 660.115
to 660.235, inclusive, supersede and preempt all
codes, ordinances or regulations of counties, cities, towns and local agencies
regarding the safety of customers at automated tellers located in this state.
2. Substantial compliance with those
sections is conclusive evidence that the operator of an automated teller has
provided adequate measures for the safety of his or her customers.
(Added to NRS by 1991, 1125)
