NAC90.3293. Investment advisers and representatives of investment advisers: Electronic transfer of fees to and filing of documents with certain depositories.

     1. Pursuant to subsection 2 of NRS 90.350, the Administrator designates the Investment Adviser Registration Depository, or any other depository for electronic registration that is approved by the Administrator by order, to receive and store filings and collect related fees from investment advisers and representatives of investment advisers on behalf of the Administrator.

     2. Except as otherwise provided in subsection 5 and NAC 90.3294, an investment adviser or representative of an investment adviser who is required by this chapter or chapter 90 of NRS to pay a fee to the Administrator or file a document with the Administrator, including, without limitation, an application, amendment, report or notice, must comply with that requirement by:

     (a) Transferring the fee electronically to the depository designated or approved pursuant to subsection 1; or

     (b) Filing the document electronically with the depository designated or approved pursuant to subsection 1,

Ê as applicable.

     3. If the instructions accompanying a document that is required to be electronically filed pursuant to subsection 2 require a signature, the applicant or an authorized officer of the applicant, as required, shall affix his or her electronic signature to the document by typing his or her name in the appropriate fields and submitting the document to the depository designated or approved pursuant to subsection 1. If a document is submitted in the manner set forth in this subsection, the document shall be deemed to include the legal signature of the person whose name is typed on the document.

     4. A document that is required to be electronically filed pursuant to subsection 2 shall be deemed to be filed with the Administrator when all the required fees are received and the document is filed with and accepted on behalf of the Administrator by the depository.

     5. If a fee or document that an investment adviser or representative of an investment adviser is required by this chapter or chapter 90 of NRS to pay to or file with the Administrator cannot be paid to, filed with or accepted by the depository designated or approved pursuant to subsection 1, the fee or document must be directly paid to or filed with the Administrator, as applicable.

     (Added to NAC by Sec’y of State by R016-02, eff. 8-6-2002)