Every president,
director, manager, cashier or other officer or employee of any bank who
knowingly prepares, signs, approves or concurs in any account, statement,
return, report or document respecting the affairs of the bank, containing
any false or deceptive statement, or any return or report required by
this title which does not set forth the true financial condition of the
bank, including in the report or return all the information required by
the provisions of this title, is:
1. Guilty of a category D felony and shall be punished as provided
in NRS 193.130 .
2. Liable for all damages which the bank, its stockholders,
creditors or depositors suffer in consequence thereof, and is subject to
removal upon order of the Commissioner.
(Added to NRS by 1971, 1006; A 1983, 1757; 1987, 1942; 1995, 1315)
1. It is unlawful for a president, director, manager, cashier or
other officer or employee of any bank to permit the bank to remain open
for business, or to assent to the reception of deposits or the creation
of debts by the banking institution, after he has knowledge of the fact
that it is insolvent or in failing circumstances. An officer, director,
manager or agent of a bank shall examine the affairs of the bank and
shall know its condition. Upon the failure of any such person to
discharge his duty of examination, he must be held, for the purpose of
this title, to have had knowledge of the insolvency of the bank, or that
it was in failing circumstances, and shall be deemed to have assented to
the receipt of deposits while the bank was insolvent or in failing
circumstances. A person who violates the provisions of this subsection is
individually responsible for deposits so received, and all such debts so
contracted, but any director who has paid more than his share of such
liabilities has a remedy at law against other persons who have not paid
their full share of such liabilities for contribution.
2. It is unlawful for a president, director, manager, cashier or
other officer or employee of any bank willfully to give or concur in
giving to a creditor of the bank any fraudulent, undue or unfair
preference over other creditors, by giving security to the creditor, or
by changing the nature of his claim, or otherwise, but this subsection
does not prohibit the bank from giving security for public money of the
State of Nevada or any political subdivision thereof, or of the United
States, or an officer, agent, agency or department thereof, in the manner
provided by law.
3. A person who violates the provisions of this section, or who is
an accessory to, or permits or connives at, the receiving or accepting of
any such deposits, or the giving of such preferences, is guilty of a
category D felony and shall be punished as provided in NRS 193.130 .
(Added to NRS by 1971, 1006; A 1981, 1537; 1995, 1316; 1999, 1828
)
A president, director, manager, cashier, teller, clerk,
officer or agent of any bank who embezzles, abstracts or willfully
misapplies any money, funds, securities or credits of any bank, or who
issues or puts forth any certificate of deposit, draws any draft, bill of
exchange or mortgage, or who makes use of any bank in any manner, with
the intent to injure or defraud any bank or person, or to deceive any
bank, or officer of any bank, and any natural person who, with like
intent, aids or abets any officer, clerk or agent in any violation of
this section, shall be punished:
1. Where the amount involved is $250 or more, for a category C
felony as provided in NRS 193.130 . In
addition to any other penalty, the court shall order the person to pay
restitution.
2. Where the amount involved is less than $250, for a misdemeanor.
(Added to NRS by 1971, 1007; A 1979, 1491; 1987, 1314; 1989, 1443;
1995, 496, 1316)
Every officer, director, manager or
employee of a bank required by this title to take an oath or affirmation
who willfully swears or affirms falsely is guilty of perjury, and upon
conviction thereof shall be punished as provided by the laws of this
state for cases of perjury.
(Added to NRS by 1971, 1007; A 1995, 496)
A bank or an officer or manager of a bank shall not advertise in
any manner or publish any statement of the stock authorized or
subscribed, unless the amount of stock actually paid up is advertised or
published with the advertisement or statement.
(Added to NRS by 1971, 1007; A 1995, 496; 1997, 1006)
If any person fails to keep secret the facts and information
obtained in the course of, or as a result of, an examination of a bank,
except when the duty of such examiner or employee requires him to report
upon or take official action regarding the affairs of such bank, he is
guilty of a misdemeanor.
(Added to NRS by 1971, 1007)
1. An examiner of financial institutions who knowingly and
willfully makes any false or fraudulent report of the condition of any
bank which has been examined by him, with the intent to aid or abet the
officers or agents of the bank in continuing to operate an insolvent
bank, or if the examiner keeps or accepts any bribe or gratuity given for
the purpose of inducing him not to file any report of examination of any
bank examined by him, or neglects to make an examination of any bank
because of having received or accepted any bribe or gratuity, is guilty
of a category C felony and shall be punished as provided in NRS 193.130
.
2. A person who knowingly aids or abets an examiner of financial
institutions or any other person in doing or performing any of the acts
prohibited in subsection 1 is guilty of a category C felony and shall be
punished as provided in NRS 193.130 .
3. A person, having knowledge of a report made by an examiner of
financial institutions of the condition of any bank, who falsifies,
changes, alters or suppresses any such report with the intent to aid or
abet the officers or agents of a bank in continuing to operate an
insolvent bank, or any such person who keeps or accepts any bribe or
gratuity given for the purpose of inducing him not to file any such
report of examination or to falsify, change, alter or suppress any such
report of examination, is guilty of a category C felony and shall be
punished as provided in NRS 193.130 .
(Added to NRS by 1971, 1008; A 1979, 1491; 1983, 1758; 1995, 1317)
1. In addition to any other remedy or penalty, the Commissioner
may impose an administrative fine of not more than $10,000 upon a person
who:
(a) Without a license, conducts any business or activity for which
a license is required pursuant to the provisions of chapters 657 to 668 , inclusive, of
NRS; or
(b) Violates any provision of chapters 657 to 668 , inclusive, of
NRS or any regulation adopted pursuant thereto.
2. As used in this section, “license” means any license,
certificate, registration, permit or similar type of authorization.
(Added to NRS by 2005, 1849 )
Where no other punishment is provided in this title, any
person violating any of the provisions of this title is guilty of a
misdemeanor.
(Added to NRS by 1971, 1008)
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