2023 Nevada Revised Statutes › Chapter 88A - Business Trusts › NRS 88A.950 - Renewal or revival of certificate: Procedure; fee; certificate as evidence; status of trust.

1. Except as otherwise provided in NRS 88A.345, a business trust which did exist or is existing under this chapter may, upon complying with the provisions of NRS 88A.650, procure a renewal or revival of its certificate of trust for any period, together with all the rights, franchises, privileges and immunities, and subject to all its existing and preexisting debts, duties and liabilities secured or imposed by its original certificate of trust and amendments thereto, or existing certificate of trust, by filing:
(a) A certificate with the Secretary of State, which must set forth:
(1) The name of the business trust, which must be the name of the business trust at the time of the renewal or revival, or its name at the time its original certificate of trust expired.
(2) The information required pursuant to NRS 77.310.
(3) The date on which the renewal or revival of the certificate of trust is to commence or be effective, which may be, in cases of a revival, before the date of the certificate of revival.
(4) Whether or not the renewal or revival is to be perpetual and, if not perpetual, the time for which the renewal or revival is to continue.
(5) That the business trust desiring to renew or revive its certificate of trust is, or has been, organized and carrying on the business authorized by its existing or original certificate of trust and amendments thereto, and desires to renew or continue through revival its existence pursuant to and subject to the provisions of this chapter.
(b) A list of its trustees, or the equivalent thereof, and their addresses, either residence or business.
(c) A declaration under penalty of perjury, on a form provided by the Secretary of State, that the renewal or revival is authorized by a court of competent jurisdiction in this State or by the trustees of the business trust.
2. A business trust whose certificate of trust has not expired and is being renewed shall cause the certificate to be signed by a trustee of the business trust. The certificate of renewal must be approved by a majority of the trustees.
3. A business trust seeking to revive its original or amended certificate of trust shall cause the certificate of revival to be signed by a person or persons designated or appointed by the trustees of the business trust. The signing and filing of the certificate of revival must be approved by the written consent of the trustees of the business trust holding at least a majority of the voting power and must contain a recital that this consent was secured. The business trust shall pay to the Secretary of State the fee required to form a new business trust pursuant to the provisions of this chapter.
4. The filed certificate of renewal or revival, or a copy thereof which has been certified under the hand and seal of the Secretary of State, must be received in all courts and places as prima facie evidence of the facts therein stated and of the qualification to do business in this State of the business trust named therein.
5. Except as otherwise provided in NRS 88A.660, a renewal or revival pursuant to this section relates back to the date on which the business trust’s certificate of trust expired or was revoked and renews or revives the business trust’s certificate of trust and right to transact business as if such right had at all times remained in full force.
6. A business trust that has revived or renewed its certificate of trust pursuant to the provisions of this section:
(a) Is a business trust and continues to be a business trust for the time stated in the certificate of revival or renewal;
(b) Possesses the rights, privileges and immunities conferred by the original certificate of trust and by this chapter; and
(c) Is subject to the restrictions and liabilities set forth in this chapter.
(Added to NRS by 2015, 1314)