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.
(Added to NRS by 1977, 986; A 1985, 513)
“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.
(Added to NRS by 1977, 986)
“Financial
institution” means any banking corporation or trust company, savings and
loan association, thrift company or credit union subject to regulation
under the laws of this state.
(Added to NRS by 1977, 986; A 1983, 122)
“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.
(Added to NRS by 1977, 986)
“Governmental agency”
means an officer, board, commission, department, division, bureau,
district or any other unit of government, including political
subdivisions, of this state.
(Added to NRS by 1977, 986)
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, district attorney, Department of
Taxation, public administrator, sheriff or a police department from
requesting of a financial institution, and the institution from
responding to the request, as to whether a person has an account or
accounts with that financial institution and, if so, any identifying
numbers of the account or accounts.
3. A financial institution, in its discretion, from initiating
contact with and thereafter communicating with and disclosing the
financial records of a customer to appropriate governmental agencies
concerning a suspected violation of any law.
4. Disclosure of the financial records of a customer incidental to
a transaction in the normal course of business of the financial
institution if the director, officer, employee or agent of the financial
institution who makes or authorizes the disclosure has no reasonable
cause to believe that such records will be used by a governmental agency
in connection with an investigation of the customer.
5. A financial institution from notifying a customer of the
receipt of a subpoena or a search warrant to obtain his financial
records, except when ordered by a court to withhold such notification.
6. The examination by or disclosure to any governmental regulatory
agency of financial records which relate solely to the exercise of its
regulatory function if the agency is specifically authorized by law to
examine, audit or require reports of financial records of financial
institutions.
7. The disclosure to any governmental agency of any financial
information or records whose disclosure to that particular agency is
required by the tax laws of this State.
8. The disclosure of any information pursuant to NRS 425.393
, 425.400 or 425.460 .
9. A governmental agency from obtaining a credit report or
consumer credit report from anyone other than a financial institution.
(Added to NRS by 1977, 988; A 1983, 1597; 1995, 171; 1997, 2334;
1999, 231 )
Upon
presentation of a death certificate, affidavit of death or other proof of
death, a financial institution shall provide a public administrator with
a statement which sets forth the identifying number and account balance
of any accounts on which only the name of the deceased person appears. A
financial institution may charge a reasonable fee, not to exceed $2, to
provide a public administrator with a statement pursuant to the
provisions of this section.
(Added to NRS by 1983, 1597; A 2005, 396 )
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 are described in the request with
particularity and are consistent with the scope and requirements of the
investigation; and
(c) The officer, employee or agent furnishes the financial
institution with a customer authorization, subpoena or search warrant
authorizing examination or disclosure of such records as provided in this
chapter.
2. A director, officer, employee or agent of a financial
institution shall not provide or authorize another person to provide to
an officer, employee or agent of a governmental agency any financial
records of a customer if the director, officer, employee or agent of the
financial institution knows or has reason to believe that the financial
records are being requested in connection with an investigation of the
customer, unless the request is accompanied by a customer authorization,
subpoena or search warrant authorizing examination or disclosure of such
records as provided in this chapter.
3. This section does not apply to any officer, employee or agent
of the State Gaming Control Board who is acting with the written
permission of the customer whose records are being requested.
(Added to NRS by 1977, 986)
1. A customer may authorize disclosure of financial records
pertaining to him by signing and dating a statement in which he:
(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 statutory purpose for
which the information is to be obtained;
(c) Identifies the financial records which are authorized to be
disclosed; and
(d) Indicates his understanding that he has the right at any time
to revoke the authorization.
2. No such authorization shall be required by a financial
institution as a condition of doing business with the financial
institution.
3. A governmental agency authorized by a customer to examine his
financial records shall notify the customer in writing within 30 days
after the examination that the examination took place and that he has the
right to request in writing the reasons for the examination. The notice
shall also specify the financial records which were examined. The agency
shall give the customer the reason for the examination in writing within
10 days after he requests it.
4. Except as provided in this section, a waiver by a customer of
any right or procedure under this chapter, whether oral or written or
with or without consideration, is invalid.
(Added to NRS by 1977, 987)
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 employee of the governmental agency;
(b) The subpoena includes the name of the agency in whose name it
is issued and the statutory purpose for which the information is to be
obtained; and
(c) The customer has not moved to quash the subpoena within 10 days
after service of the copy of the subpoena upon the customer.
2. A governmental agency issuing or seeking a subpoena to obtain
financial records may petition a court of competent jurisdiction to order
that service upon the customer or the 10-day period provided in
subsection 1 be waived or shortened. The court may issue the order upon a
showing that the agency can reasonably infer from facts relevant to its
investigation of the customer that a law subject to the agency’s
jurisdiction has been or is about to be violated. In granting a petition
to waive service upon the customer, the court shall also order the agency
to notify the customer in writing within a period determined by the
court, but not to exceed 60 days. The notice shall specify the name of
the agency in whose name the subpoena was issued, the financial records
which were examined under the subpoena and the statutory purpose for
which the information was obtained. The time of notification may be
extended for additional 30-day periods upon petition and good cause shown.
3. A court may order a financial institution to withhold
notification to a customer of the receipt of the subpoena when the court
issues an order under subsection 2 and if it finds that the notification
would impede the investigation.
4. If a customer files a motion to quash the subpoena, the
proceedings on the motion shall be afforded priority on the court
calendar and the matter shall be heard within 10 days after the filing of
the motion.
(Added to NRS by 1977, 987)
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.
(Added to NRS by 1977, 988)
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.
(Added to NRS by 1977, 988)
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 financial institution which refuses to disclose the financial
records of a customer in reliance in good faith upon the provisions of
this chapter is not liable to its customer, to a governmental agency or
to any other person for any loss or damage caused by the refusal.
(Added to NRS by 1977, 988)
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 represented; and
(c) A copy of the customer authorization, subpoena or search
warrant providing for the examination or disclosure or a copy of the
certification received pursuant to NRS 239A.150 .
2. Any record maintained under this section shall be available
within 5 days after the request for examination or disclosure for review
by the customer during normal business hours at the office or branch
where the customer’s account was located when examined or disclosed. A
copy of the record shall be furnished to the customer upon request and
payment of the reasonable cost of the copy.
(Added to NRS by 1977, 988)
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 to furnish and the bank shall supply a statement setting
forth the following information with respect to the account of a customer
named in the certification and covering a period 30 days prior to and up
to 30 days following the date of occurrence of the alleged illegal act
involving the account:
1. The number of items dishonored;
2. The number of items paid which created overdrafts;
3. The dollar volume of the dishonored items and items paid which
created overdrafts and a statement explaining any credit arrangement
between the bank and the customer to pay overdrafts;
4. The dates and amounts of deposits and debits and the account
balance on those dates;
5. A copy of the signature and any addresses appearing on the
customer’s signature card; and
6. The date the account opened and, if applicable, the date the
account closed.
(Added to NRS by 1977, 989)
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.
(Added to NRS by 1977, 990)
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, he may recover costs and reasonable
attorney’s fees.
(Added to NRS by 1977, 989)
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.
(Added to NRS by 1977, 989)
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.
(Added to NRS by 1977, 990)
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