§ 90.830 — Scope of chapter

1. NRS 90.310 , 90.330 , 90.460 , 90.570 , 90.580 , 90.610 and 90.660 apply to a person who sells or offers to sell a security or investment advisory service if:
(a) An offer to sell is made in this State; or
(b) An offer to purchase is made and accepted in this State.
2. NRS 90.310 , 90.330 , 90.570 , 90.580 and 90.610 apply to a person who purchases or offers to purchase a security if:
(a) An offer to purchase is made in this State; or
(b) An offer to sell is made and accepted in this State.
3. For the purpose of this section, an offer to sell or to purchase is made in this State, whether or not either party is present in this State, if the offer:
(a) Originates in this State; or
(b) Is directed by the offeror to a destination in this State and received where it is directed, or at a post office in this State if the offer is mailed.
4. For the purpose of this section, an offer to purchase or to sell is accepted in this State if acceptance:
(a) Is communicated to the offeror in this State; and
(b) Has not previously been communicated to the offeror, orally or in writing, outside this State.
Ê Acceptance is communicated to the offeror in this State, whether or not either party is present in this State, if the offeree directs it to the offeror in this State reasonably believing the offeror to be in this State and it is received where it is directed, or at any post office in this State if the acceptance is mailed.
5. For the purpose of subsections 1 to 4, inclusive, an offer to sell or to purchase made in a newspaper or other publication of general, regular and paid circulation is not made in this State if the publication:
(a) Is not published in this State; or
(b) Is published in this State but has had more than two-thirds of its circulation outside this State during the past 12 months.
6. For the purpose of subsection 5, if a publication is published in editions, each edition is a separate publication except for material common to all editions.
7. For the purpose of subsections 1 to 4, inclusive, an offer to sell or to purchase made in a radio or television program or other electronic communication received in this State which originates outside this State is not made in this State.
8. For the purpose of subsection 7, a radio or television program or other electronic communication is considered as having originated in this State if either the broadcast studio or originating source of transmission is located within the State, unless:
(a) The program or communication is syndicated and distributed from outside this State for redistribution to the general public in this State;
(b) The program is supplied by a radio, television or other electronic network with the electronic signal originating from outside this State for redistribution to the general public in this State;
(c) The program or communication is an electronic signal that originates outside this State and is captured for redistribution to the general public in this State by a community antenna or cable, radio, cable television, or other electronic system; or
(d) The program or communication consists of an electronic signal which originates within this State, but which is not intended for redistribution to the general public in this State.

Legislative History

(Added to NRS by 1987, 2189 ; A 1989, 160 ; 1995, 1452 ; 2001, 1158 )