[Rev. 11/2/2026 3:24:17 PM]

CHAPTER 675 - INSTALLMENT LOANS

[NAC-675 Revised Date: 10-26]

 

GENERAL PROVISIONS

675.001        Definitions.

675.005        “Licensee” defined.

675.006        “Private education lender” defined.

675.0065      “Private education loan” defined.

675.007        “Private education loan borrower” defined.

675.008        “Student loan servicer” defined.

675.0085      “Student loan servicing” or “servicing” defined.

675.010        Advertising.

675.020        Credit life insurance and credit health or disability insurance.

675.030        Requests for payment; ledger cards.

675.060        Conduct of loan business with sales finance business.

675.065        Conduct of business with a licensed mortgage banker.

675.070        Collection of loans made outside Nevada.

675.080        Fee for supervision and related activities: Amount; collection; failure to pay.

675.090        Fees: Application for license.

675.100        Fees: Renewal of license; reinstatement of expired license.

675.110        Annual assessments to cover costs related to performance of audits and examinations.

675.120        Prerequisites to engaging in business.

675.130        Revocation or suspension of license.

675.140        Inspection of documents filed with Division of Financial Institutions.

675.150        Complaints: Failure to respond in timely manner; confidentiality.

PRIVATE EDUCATION LENDERS

675.300        Compliance with applicable provisions.

675.310        License required; exemption.

675.320        Records: Retention.

675.330        Required notice of right of borrower to file written complaint with Office of Commissioner.

675.340        Investigation or examination of applicant or licensee: Request for information by Commissioner.

 

 

 

GENERAL PROVISIONS

      NAC 675.001  Definitions. (NRS 670B.600)  As used in this chapter, unless the context otherwise requires, the words and terms defined in NAC 675.005 to 675.0085, inclusive, have the meanings ascribed to them in those sections.

     (Added to NAC by Comm’r of Financial Institutions by R120-23, eff. 11-15-2024)

      NAC 675.005  “Licensee” defined. (NRS 675.170)  “Licensee” means a person to whom one or more licenses have been issued pursuant to this chapter and chapter 675 of NRS.

     (Added to NAC by Comm’r of Financial Institutions by R109-06, eff. 6-28-2006; A by R120-23, 11-15-2024)

      NAC 675.006  “Private education lender” defined. (NRS 670B.600)  “Private education lender” has the meaning ascribed to it in NRS 670B.070.

     (Added to NAC by Comm’r of Financial Institutions by R120-23, eff. 11-15-2024)

      NAC 675.0065  “Private education loan” defined. (NRS 670B.600)  “Private education loan” has the meaning ascribed to it in NRS 670B.080.

     (Added to NAC by Comm’r of Financial Institutions by R120-23, eff. 11-15-2024)

      NAC 675.007  “Private education loan borrower” defined. (NRS 670B.600)  “Private education loan borrower” has the meaning ascribed to it in NRS 670B.090.

     (Added to NAC by Comm’r of Financial Institutions by R120-23, eff. 11-15-2024)

      NAC 675.008  “Student loan servicer” defined. (NRS 670B.600)  “Student loan servicer” has the meaning ascribed to it in NRS 670B.120.

     (Added to NAC by Comm’r of Financial Institutions by R120-23, eff. 11-15-2024)

      NAC 675.0085  “Student loan servicing” or “servicing” defined. (NRS 670B.600)  “Student loan servicing” or “servicing” has the meaning ascribed to it in NRS 670B.130.

     (Added to NAC by Comm’r of Financial Institutions by R120-23, eff. 11-15-2024)

      NAC 675.010  Advertising. (NRS 675.170, 675.280)

     1.  No licensee may advertise in any manner that may tend to confuse the identity of the licensee with any other unrelated licensee.

     2.  No licensee may advertise in any manner that a loan of a prospective borrower with another licensee will be paid or increased if the loan is transferred to the advertising licensee.

     3.  No unethical advertising by licensees will be permitted and the Commissioner of Financial Institutions reserves the right to require all licensees to submit proposed advertising for approval before its dissemination through the press, by radio or television.

     [Banking Div., Installment Loan Reg. No. 1, eff. 5-22-72]—(NAC A by Admstr. of Financial Institutions, eff. 6-29-84)

      NAC 675.020  Credit life insurance and credit health or disability insurance. (NRS 675.170, 675.300)

     1.  As used in this section, “credit insurance” means both credit life insurance and credit health or disability insurance.

     2.  If a licensee provides, obtains or arranges any credit insurance as security for a loan, the premium or cost of such insurance to the borrower must not exceed the rate or rates established by the Commissioner of Insurance pursuant to the insurance laws. The insurance is subject to the laws and regulations of the Division of Insurance of the Department of Business and Industry.

     3.  If a loan on which credit insurance has been obtained, arranged or provided by the licensee is prepaid in full, a refund of a portion of the insurance premium or cost must be made to the borrower, unless such prepayment in full was by death claim. If the insurance refund plus interest refund together amount to less than $1, no refund need be made.

     4.  When a loan is prepaid in full by a death claim payment, the unearned portion of credit health or disability insurance premium must be refunded as of the date of death, but no refund may be made as to premiums paid for credit life insurance.

     5.  Only one party obligated on the loan may be covered by such credit insurance, and the premium or insurance cost may only be collected with respect to that party.

     6.  No statement, direct or implied, may be made to any borrower which would lead the borrower to believe that the granting of a loan was contingent upon his or her obtaining credit insurance as security for the loan.

     7.  Licensees shall post in each loan interview position a sign with the following language clearly printed in 3/8-inch print: “The purchase of credit life or accident and health insurance is not required as a condition for the granting of a loan.”

     8.  If an insured borrower dies during the term of the loan contract, the credit life insurance must be sufficient at least to pay an amount which will discharge the loan completely at the date of death, without any exception, reservation or limitation.

     9.  If the premium or insurance cost is computed on the principal amount of loan and not also on interest and service fee contracted to be paid, the entire proceeds of any death claim to the extent provided in subsection 8 must be payable to the licensee.

     10.  If the premium or insurance cost is computed on the total original amount of the note (principal plus interest and service fee), the proceeds of any death claim must not be less than the greater of the following:

     (a) The unpaid balance of the face amount of the note, principal plus the combined interest and service fee, which under the contract is scheduled to be outstanding at the date of death (also referred to as the scheduled balance); or

     (b) The actual unpaid amount of the loan, which is the unpaid balance of the face amount of the note less the required refund of interest and service fee, which refund must be computed as at the date of death (referred to as the net balance).

     11.  Whenever the amount of any death claim is in excess of the net balance due at the date of death, the excess must be paid by the licensee to the estate of the borrower, the surviving spouse or the next of kin and this must be an obligation of the licensee. Licensees also are required to see that insurance policies arranged in connection with loans provide for death claims to be paid in accordance with this section. The licensee’s records must reflect accurately the amount of the death claim, the amount, if any, in excess of the net balance and the person to whom the excess was paid.

     [Banking Div., Installment Loan Reg. No. 4, eff. 5-22-72]—(NAC A by Comm’r of Insurance, 5-27-92)

      NAC 675.030  Requests for payment; ledger cards. (NRS 675.170, 675.250)

     1.  Requests for payment must be made only to those obligated on the loan contract.

     2.  Collection attempts through written or printed communication, sent by mail, must be enclosed in a sealed envelope.

     3.  The ledger card must indicate when an account has been placed for collection or legal action taken. It must also indicate whether judgment was obtained, together with the date and the amount of the judgment.

     4.  On prepaid accounts, the ledger card must clearly indicate the amount rebated, both for interest and for insurance.

     5.  Adequate records which will enable the Commissioner of Financial Institutions to reconcile outstanding balances must be maintained in each licensed office.

     6.  If there no longer is an outstanding indebtedness from the borrower to the licensee, there must be delivered to the borrower by the licensee a termination statement as required by the Uniform Commercial Code (chapter 104 of NRS). Such delivery is necessary even though the Uniform Commercial Code under such circumstances does not require delivery of a termination statement unless the borrower makes a written demand upon the secured party for a termination statement.

     7.  If ledger cards or similar records for loan accounts and installment sale contract accounts are commingled in a licensee’s files, there must be a system by which such cards may be readily identified one from the other, such as being of different colors or having corners of different colors. All of such cards must bear the date of the contract and must identify the type of transaction reflected on them.

     [Banking Div., Installment Loan Reg. No. 2, eff. 5-22-72]—(NAC A by Admstr. of Financial Institutions, eff. 6-29-84)

      NAC 675.060  Conduct of loan business with sales finance business. (NRS 675.170, 675.230)  Licensees may conduct the business of making loans in the same office or place of business where the licensee, an affiliate or associate also conducts a sales finance business (the purchase of time paper representing the sale of goods or services) if in the conduct of such other business in the office of the licensee, the following is observed:

     1.  The sales finance business which is subject to chapter 97 of NRS must be carried on in compliance with that chapter.

     2.  Charges in connection with a retail installment contract subject to chapter 97 of NRS must be made only as expressly authorized by chapter 97 of NRS. No charge may be collected from the debtor on such a contract on the basis of or by reason of the assignment of the contract to the licensee.

     3.  The validity of any such contract must be determined by the law of the state where it actually is made.

     4.  Retail installment contracts created pursuant to chapter 97 of NRS are not subject to any maximum term or period of contract, and all such contracts may be purchased by licensees.

     5.  Default charges, attorney fees, collection costs and similar items which may be collected on such contracts are limited to those expressly provided for in chapter 97 of NRS.

     [Banking Div., Installment Loan Reg. No. 3 § 3, eff. 5-22-72]—(NAC A by Comm’r of Financial Institutions, 5-19-88)

      NAC 675.065  Conduct of business with a licensed mortgage banker. (NRS 675.170, 675.230)

     1.  A licensee may conduct business in the same office or place of business with a licensed mortgage banker if:

     (a) The licensee and the mortgage banker maintain separate licenses;

     (b) Each company is operated as a separate legal entity;

     (c) The books, records and accounts of each company are kept and maintained separately;

     (d) The licensee and the mortgage banker are subsidiaries of the same parent corporation or otherwise have the same ownership; and

     (e) The mortgage banker does not maintain trust accounts as those described in NRS 645B.175.

     2.  Each application for approval to conduct business pursuant to subsection 1 must be written and on a form prescribed by the Commissioner of Financial Institutions.

     (Added to NAC by Admstr. of Financial Institutions, eff. 5-1-86; A by Comm’r of Financial Institutions, eff. 3-30-94)

      NAC 675.070  Collection of loans made outside Nevada. (NRS 675.170, 675.310)  Any loan made in another state and purchased by a licensee in this State, regardless of the original amount of the loan or the unpaid balance, may be collected or otherwise enforced at the rate shown in the contract and in accordance with its terms, if the loan was lawfully made in accordance with the laws of the state where it was made.

     [Banking Div., Installment Loan Reg. No. 7, eff. 5-22-72]

      NAC 675.080  Fee for supervision and related activities: Amount; collection; failure to pay. (NRS 658.101, 675.170, 675.400)

     1.  The Commissioner of Financial Institutions will charge and collect a fee of $75 per hour from each installment loan company for any supervision, examination, audit, investigation or hearing conducted pursuant to chapter 675 of NRS.

     2.  The Commissioner will bill each installment loan company upon the completion of the activity for the fee established in subsection 1. The fee must be paid within 30 days after the date the bill is received. Except as otherwise provided in this subsection, any payment received after that date must include a penalty of 10 percent of the fee plus an additional 1 percent of the fee for each month, or portion of a month, that the fee is not paid. The Commissioner may waive the penalty for good cause.

     3.  Failure of an installment loan company to pay the fee required by subsection 1 as provided in this section constitutes grounds for revocation of its license.

     (Added to NAC by Comm’r of Financial Institutions, eff. 4-20-88; A 11-27-89, eff. 7-1-89; R054-16, 9-9-2016)

      NAC 675.090  Fees: Application for license. (NRS 675.100, 675.170)  An application submitted pursuant to NRS 675.095 must be accompanied by:

     1.  A nonrefundable fee of $750; and

     2.  A fee of $800, prorated by the Commissioner of Financial Institutions.

     (Added to NAC by Comm’r of Financial Institutions by R109-06, eff. 6-28-2006)

      NAC 675.100  Fees: Renewal of license; reinstatement of expired license. (NRS 675.140, 675.170)

     1.  A licensee shall pay annually to the Division of Financial Institutions of the Department of Business and Industry a fee of $750 for the renewal of a license.

     2.  If the Commissioner of Financial Institutions reinstates an expired license, the licensee shall pay a reinstatement fee of $400 in addition to the renewal fee prescribed in subsection 1.

     (Added to NAC by Comm’r of Financial Institutions by R109-06, eff. 6-28-2006)

      NAC 675.110  Annual assessments to cover costs related to performance of audits and examinations. (NRS 658.055, 675.170, 675.380)

     1.  Except as otherwise provided in NAC 658.030, each licensee shall pay to the Division of Financial Institutions of the Department of Business and Industry an annual assessment of $300 to cover the costs related to the employment of a certified public accountant and the performance of audits and examinations conducted by the Division.

     2.  The Division of Financial Institutions of the Department of Business and Industry will bill each licensee for the assessment. The assessment must be paid within 30 days after the date the bill is received.

     3.  A charge of 10 percent of the assessment will be imposed on any licensee whose assessment is received by the Division of Financial Institutions of the Department of Business and Industry after the date on which the assessment is due.

     (Added to NAC by Comm’r of Financial Institutions by R109-06, eff. 6-28-2006)

      NAC 675.120  Prerequisites to engaging in business. (NRS 675.170)  A person shall not engage in the business of lending in this State unless:

     1.  The person possesses each license, certificate and permit required by this chapter, chapter 675 of NRS and a local governmental entity; and

     2.  The location of the business complies with any applicable planning and zoning ordinances.

     (Added to NAC by Comm’r of Financial Institutions by R109-06, eff. 6-28-2006)

      NAC 675.130  Revocation or suspension of license. (NRS 675.170, 675.440)  The Commissioner of Financial Institutions may revoke or suspend a license in accordance with NRS 675.370 to 675.450, inclusive, if a licensee violates any provision of this chapter or chapter 675 of NRS, including, without limitation, a provision that imposes a fee or assessment on a licensee.

     (Added to NAC by Comm’r of Financial Institutions by R109-06, eff. 6-28-2006)

      NAC 675.140  Inspection of documents filed with Division of Financial Institutions. (NRS 675.170)  Except as otherwise provided in NAC 675.150 or by specific statute, all papers, documents, reports and other written instruments filed with the Division of Financial Institutions of the Department of Business and Industry pursuant to this chapter and chapter 675 of NRS are open to public inspection unless the Commissioner of Financial Institutions determines that the information is required to be withheld to protect the public welfare or the welfare of a licensee.

     (Added to NAC by Comm’r of Financial Institutions by R109-06, eff. 6-28-2006)

      NAC 675.150  Complaints: Failure to respond in timely manner; confidentiality. (NRS 675.170)

     1.  If a licensee, or an authorized representative of that licensee, fails to respond to the Commissioner of Financial Institutions within 20 business days after receipt of a written notice that a complaint has been filed against the licensee, the licensee is deemed to have admitted to the allegations contained in the complaint.

     2.  Subject to the discretion of the Commissioner of Financial Institutions and except as otherwise provided by specific statute, a complaint filed with the Division of Financial Institutions of the Department of Business and Industry, any documents filed with the complaint, and any report or information resulting from an investigation of the complaint are confidential.

     (Added to NAC by Comm’r of Financial Institutions by R109-06, eff. 6-28-2006)

PRIVATE EDUCATION LENDERS

      NAC 675.300  Compliance with applicable provisions. (NRS 670B.450, 670B.600)  Except as otherwise provided in NAC 675.310, a private education lender operating in this State must comply with the applicable provisions of this chapter, chapters 670B and 675 of NRS and chapter 670B of NAC.

     (Added to NAC by Comm’r of Financial Institutions by R120-23, eff. 11-15-2024)

      NAC 675.310  License required; exemption. (NRS 670B.450, 670B.600)

     1.  Except as otherwise provided in subsection 2, a private education lender shall not secure, make or extend a private education loan to a private education loan borrower in this State unless the private education lender has obtained a license from the Commissioner pursuant to this chapter and chapter 675 of NRS.

     2.  A private education lender is exempt from the requirement set forth in subsection 1 if the private education lender:

     (a) Does not originate or fund any private education loan in this State;

     (b) Limits its activities in this State relating to private education loans to purchasing and holding full ownership rights in private education loans;

     (c) Contracts with a student loan servicer licensed in this State to perform the servicing of private education loans held by the private education lender; and

     (d) Obtains approval of the exemption from the Commissioner pursuant to subsection 3.

     3.  A private education lender claiming an exemption pursuant to subsection 2 must:

     (a) Submit to the Commissioner a written request for the exemption; and

     (b) Provide to the Commissioner any information and documentation that the Commissioner deems necessary to determine whether the private education lender qualifies for the exemption.

     4.  The Commissioner may require a private education lender who is exempt from the requirement set forth in subsection 1 to comply with any reporting requirement set forth in chapter 670B of NRS or chapter 670B of NAC, as deemed appropriate by the Commissioner.

     (Added to NAC by Comm’r of Financial Institutions by R120-23, eff. 11-15-2024)

      NAC 675.320  Records: Retention. (NRS 670B.460, 670B.600)  A private education lender shall retain the following records for a period of not less than 6 years after the termination of a private education loan account:

     1.  Any correspondence or communication related to the private education loan, including, without limitation, any electronic mail, notes or transcript of a telephone call, or mail.

     2.  Any documentation, disclosure, notice or written release required by this chapter, chapter 670B of NRS or chapter 670B of NAC.

     3.  The complete private education loan file, including, without limitation:

     (a) The loan agreement between the private education loan borrower and the private education lender and any supporting documentation evidencing the borrower’s obligation to the lender;

     (b) The servicing contract between the private education lender and the student loan servicer;

     (c) Documentation of the monthly income of the private education loan borrower at the time of the origination of the private education loan, any modification of the private education loan and the beginning of any repayment plan or forbearance, as applicable; and

     (d) The payment history on the private education loan account, including, without limitation, the date of each payment received, all interest and fees charged and the allocation of payments to the amount of the principal, interest and fees.

     (Added to NAC by Comm’r of Financial Institutions by R120-23, eff. 11-15-2024)

      NAC 675.330  Required notice of right of borrower to file written complaint with Office of Commissioner. (NRS 670B.600)  A private education lender shall post a notice of the right of a private education loan borrower to contact the Office of the Commissioner regarding concerns or complaints on the home page of the Internet website of the private education lender or on a page that is clearly and conspicuously connected to the home page of the Internet website of the private education lender by a link that clearly reveals its contents. The notice must be in substantially the following form:

 

NOTICE OF RIGHT TO FILE A WRITTEN COMPLAINT WITH THE

COMMISSIONER OF FINANCIAL INSTITUTIONS

 

You may file a written complaint with the Commissioner of Financial Institutions by submitting a signed complaint form to the Office of the Commissioner. The required complaint form can be found on the home page of the Internet website of the Division of Financial Institutions of the Department of Business and Industry at https://fid.nv.gov, or you may request a complaint form via telephone by calling the toll-free telephone number (866) 858-8951.

 

     (Added to NAC by Comm’r of Financial Institutions by R120-23, eff. 11-15-2024)

      NAC 675.340  Investigation or examination of applicant or licensee: Request for information by Commissioner. (NRS 670B.600)  The Commissioner may request any information or documentation that the Commissioner deems necessary to perform an investigation or examination of an applicant for a license as a private education lender or of a licensed private education lender. Upon such a request, such an applicant or licensee, as applicable, shall provide or make available to the Commissioner such requested information or documentation, unless the disclosure of such information or documentation is prohibited by any provision of state or federal law.

     (Added to NAC by Comm’r of Financial Institutions by R120-23, eff. 11-15-2024)