Nevada Administrative Code
Chapter 645B - Mortgage Brokers and Mortgage Agents
SUPERVISION BY COMMISSIONER
General Provisions
Section 645B.057 - Change in ownership, control, management, principal employees or principal or branch office

Universal Citation: NV Admin Code 645B.057

Current through September 16, 2024

1. Any material change in the control persons of a mortgage company must be reported to the Commissioner at least 30 calendar days before the change. Each new control person must submit to a background investigation in the manner provided in NRS 645B.020. A new control person may not participate in the management of a mortgage company until the person is approved by the Commissioner.

2. A change of control of a mortgage company is not effective until the change of control is approved by the Commissioner. A transfer, sale or conveyance of outstanding voting stock or ownership interest in a mortgage company that will result in the cumulative transfer, from the date upon which the license of the mortgage company was issued, of 25 percent or more of the outstanding voting stock or ownership interest in the mortgage company is deemed to constitute a change of control.

3. At least 15 days before a person acquires stock or ownership in a mortgage company as a result of a transfer that constitutes a change of control, the mortgage company shall make a written application to the Commissioner for approval of the change of control. The application must include, without limitation:

(a) The name and percentage of ownership of each person who has obtained or is obtaining stock or ownership resulting in a cumulative transfer of 25 percent or more of the outstanding voting stock or ownership interest in the mortgage company; and

(b) A personal interrogatory and a complete set of fingerprints of each such person or, if the applicant is not a natural person, each control person of the applicant, in a form prescribed by the Commissioner, and written consent authorizing the Commissioner to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report in the manner provided in NRS 645B.020.

4. The Commissioner will conduct an investigation of each application submitted pursuant to subsection 3 to determine whether the requirements necessary for licensure pursuant to this chapter and chapter 645B of NRS are met.

5. A mortgage company who wishes to change the location of his or her principal office or branch office must submit to the Commissioner, in a format prescribed by the Commissioner, a request for approval to change the location of his or her principal office or branch office. Upon the request of the Commissioner, a mortgage company shall submit any additional information required by the Commissioner. A mortgage company may not change the location of his or her principal office or a branch office until the Commissioner has approved the transfer and issued a new license reflecting the change in location.

6. A mortgage company may not surrender his or her license or close his or her principal office or a branch office until the Commissioner has approved the surrender or closure.

7. The request for approval of the surrender of the license or closure of the principal office or a branch office must be submitted in a format prescribed by the Commissioner and contain the following information:

(a) The status of any incomplete applications for mortgage loans and the manner in which the loans will be finalized;

(b) An accounting of any trust account maintained by the mortgage company and the plan for distribution of money in the account;

(c) If the mortgage company is servicing any loans made or arranged by the mortgage company under his or her license as a mortgage company, a listing of those loans and the plan for transferring those loans to another mortgage servicer;

(d) If any mortgage loan originator associated with or employed by the mortgage company has been terminated pursuant to subsection 3 of NRS 645B.450, evidence of the termination; and

(e) In regard to the records of the mortgage company maintained pursuant to subsection 1 of NRS 645B.080 and subsection 5 of NAC 645B.080:
(1) The address where the records will be maintained; and

(2) The name, telephone number and mailing address of the person who will be responsible for the maintenance of the records.

8. The Commissioner may require the person acquiring stock or ownership in a mortgage company pursuant to subsection 2 to meet the requirements of the S.A.F.E. Mortgage Licensing Act, including, without limitation, submitting information to the Registry.

9. As used in this section, "change of control" has the meaning ascribed to it in NRS 645B.095.

Comm'r of Savings Associations, Mortgage Reg. § 4, eff. 6-29-82-NAC A by Admstr. of Financial Institutions, 6-29-84; A by Comm'r of Financial Institutions by R045-00, 9-5-2000; A by Comm'r of Mortgage Lending by R058-08, 4-23-2009; R035-10, 7-22-2010; A by R125-16A, eff. 1/27/2017; A by R119-19A, eff. 11/9/2023; A by R070-23A, eff. 1/5/2024

NRS 645B.060, 645F.292, 645F.293

Disclaimer: These regulations may not be the most recent version. Nevada may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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