1. Each foreign bank which is licensed to establish and maintain a state branch or agency shall hold in this state currency, bonds, notes, debentures, drafts, bills of exchange or other evidence of indebtedness, including loan participation agreements or certificates, or other obligations payable in the United States or in United States money or, with the prior approval of the Commissioner, in money freely convertible into United States money, or such other assets as the Commissioner by regulation permits, in an amount which bears such relationship as the Commissioner prescribes to liabilities of the foreign bank payable at or through its state branch or agency, including acceptances, but excluding amounts due and other liabilities to other offices, agencies or branches of, and wholly owned, except for a nominal number of directors’ shares, subsidiaries of, the foreign bank and such other liabilities as the Commissioner determines.

2. For the purposes of this section, the Commissioner shall value marketable securities at principal amount or market value, whichever is lower, may determine the value of any nonmarketable bond, note, debenture, draft, bill of exchange, other evidence of indebtedness, including agreements for or certificates of participation in loans, or of any other asset or obligation held or owed to the foreign bank or its state branch or agency in this state, and in determining the amount of assets for the purpose of computing the ratio of assets to liabilities, may by regulation exclude in whole or in part any particular asset.

3. If, by reason of the existence or the potential occurrence of unusual and extraordinary circumstances, the Commissioner deems it necessary or desirable for the maintenance of a sound financial condition, the protection of depositors, creditors and the public interest, and to maintain public confidence in the business of a state branch or agency, the Commissioner may, subject to such terms and conditions as the Commissioner may prescribe, require a foreign bank to deposit the assets required to be held in this state pursuant to this section with such Nevada banks or credit unions as the Commissioner may designate.

4. The assets held to satisfy the relationship of assets to liabilities prescribed by the Commissioner pursuant to this section may include obligations of any person for money borrowed from a foreign bank holding a license to establish and maintain a state branch or agency only to the extent that the total of such obligations of any person are not more than 10 percent of the assets considered for purposes of this section.

(Added to NRS by 1995, 1545; A 1999, 1543)