1. An issuer of securities or an agent acting on behalf of the issuer may provide for the use of electronic signatures if the process by which electronic signatures are obtained:(a) Is implemented in compliance with chapter 719 of NRS and the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. " 7001 et seq.;(b) Includes, without limitation: (1) An appropriate level of security and assurances of accuracy; and(2) Any required federal disclosures;(c) Employs: (1) An authentication process to establish signer credentials; and(2) Security features that protect signed records from alteration; and(d) Provides for the retention of electronically signed documents in compliance with applicable laws and regulations, by either the issuer or agent acting on behalf of the issuer.2. An initiative for electronic signatures must be expressly opt-in and if an investor or prospective investor opts-in to such an initiative, participation may be terminated at any time.3. An investment opportunity may not be conditioned on participation in an initiative for electronic signatures.4. An entity that participates in an initiative for electronic signatures shall maintain, and shall require underwriters, dealer-managers, placement agencies, broker-dealers and other selling agents to maintain, written policies and procedures covering the use of electronic signatures.5. An election to participate in an initiative for electronic signatures may be obtained in connection with each new offering, or by an agent acting on behalf of the issuer. The investor may revoke such consent at any time by informing the party to whom the consent was given or, if such a party is no longer available, the issuer.Nev. Admin. Code § 90.Sec. 33
Added to NAC by Sec'y of State by R018-21A, eff. 6/2/2023