reglab/statecodes huggingface dataset:
Nevada Administrative Code › Chapter 88 - Limited Partnerships › GENERAL PROVISIONS › Section 88.010 - Considerations in determining whether proposed name of limited partnership or limited-liability partnership is distinguishable from name of existing business entity

Current through June 11, 2024
To determine whether a proposed name of a limited partnership or limited-liability limited partnership is distinguishable from the name of an existing business entity, the Secretary of State will consider, without limitation, the rules set forth in NAC 78.020 to 78.100, inclusive.
Added to NAC by Sec'y of State by R098-00, eff. 9-25-2000; A by R069-11, 12-30-2011
NRS 88.320, 88.327, 88.6065
Nevada Administrative Code › Chapter 88 - Limited Partnerships › ANNUAL LIST › Section 88.300 - Definitions

Current through June 11, 2024
As used in NAC 88.300 to 88.380, inclusive, unless the context otherwise requires, the words and terms defined in NAC 88.310 and 88.320 have the meanings ascribed to them in those sections.
Added to NAC by Sec'y of State by R078-13, eff. 12-23-2013
NRS 88.395, 88.591
Nevada Administrative Code › Chapter 88 - Limited Partnerships › ANNUAL LIST › Section 88.310 - "Alternative due date" defined

Current through June 11, 2024
"Alternative due date" means the date selected by a limited partnership or foreign limited partnership, as applicable, pursuant to NAC 88.330 on which the applicable list required by subsection 1 of NRS 88.395 or subsection 1 of NRS 88.591 must be filed with the Secretary of State each year.
Added to NAC by Sec'y of State by R078-13, eff. 12-23-2013
NRS 88.395, 88.591
Nevada Administrative Code › Chapter 88 - Limited Partnerships › ANNUAL LIST › Section 88.320 - "Due date" defined

Current through June 11, 2024
"Due date" means the date on which the applicable list required by subsection 1 of NRS 88.395 or subsection 1 of NRS 88.591 must be filed with the Secretary of State each year as set forth in NRS 88.395 or 88.591.
Added to NAC by Sec'y of State by R078-13, eff. 12-23-2013
NRS 88.395, 88.591
Nevada Administrative Code › Chapter 88 - Limited Partnerships › ANNUAL LIST › Section 88.330 - Selection of alternative due date for filing annual list: Form; contents

Current through June 11, 2024
1. A limited partnership or foreign limited partnership, as applicable, may select the last day of a month other than the month in which the limited partnership's or foreign limited partnership's due date occurs as the alternative due date for filing the applicable list required by subsection 1 of NRS 88.395 or subsection 1 of NRS 88.591 by submitting to the Secretary of State a form prescribed by the Secretary of State which must include, at a minimum:
(a) The name of the limited partnership or foreign limited partnership;
(b) The business identification number assigned to the limited partnership or foreign limited partnership by the Secretary of State;
(c) A statement that the limited partnership or foreign limited partnership desires to select an alternative due date;
(d) The month in which the alternative due date will occur;
(e) A declaration under penalty of perjury that:
(1) The information provided in the form is true and correct to the best of the limited partnership's or foreign limited partnership's knowledge;
(2) The selection of an alternative due date is not being made to avoid any fee or penalty; and
(3) The limited partnership or foreign limited partnership acknowledges that pursuant to NRS 239.330, it is a category C felony to knowingly offer any false or forged instrument for filing with the Office of the Secretary of State; and
(f) The printed name and signature of the person submitting the form and the date on which the form was signed.
Nevada Administrative Code › Chapter 88 - Limited Partnerships › ANNUAL LIST › Section 88.340 - Selection of alternative due date by limited partnership or foreign limited partnership in terminated status

Current through June 11, 2024
1. If a limited partnership or foreign limited partnership is in terminated status, the limited partnership or foreign limited partnership must have its right to transact business in this State restored before it may select an alternative due date pursuant to NAC 88.330.
2. As used in this section, "terminated status" means any status in the records of the Office of the Secretary of State which indicates that a limited partnership or foreign limited partnership no longer has the right to transact business in this State, including, without limitation, the status of "revoked," "permanently revoked," "dissolved," "cancelled," "terminated," "administrative hold" or "withdrawn."
Added to NAC by Sec'y of State by R078-13, eff. 12-23-2013
NRS 88.395, 88.591
Nevada Administrative Code › Chapter 88 - Limited Partnerships › ANNUAL LIST › Section 88.350 - Form for selection of alternative due date to be submitted with annual list; deadline for submission

Current through June 11, 2024
If a limited partnership or foreign limited partnership is selecting an alternative due date pursuant to NAC 88.330, the limited partnership or foreign limited partnership must submit the form for the selection of an alternative due date along with the applicable list required pursuant to subsection 1 of NRS 88.395 or subsection 1 of NRS 88.591 on or before the last day of the month immediately preceding the month in which the limited partnership's or foreign limited partnership's due date, as applicable, occurs.
Added to NAC by Sec'y of State by R078-13, eff. 12-23-2013
NRS 88.395, 88.591
Nevada Administrative Code › Chapter 88 - Limited Partnerships › ANNUAL LIST › Section 88.360 - Acceptance and filing of form for selection of alternative due date and annual list

Current through June 11, 2024
Except as otherwise provided in NAC 88.380, the Secretary of State will accept and file a form for the selection of an alternative due date and the applicable list required pursuant to subsection 1 of NRS 88.395 or subsection 1 of NRS 88.591 that a limited partnership or foreign limited partnership submits pursuant to NAC 88.350 if:
1. The form contains all the information required pursuant to NAC 88.330; and
2. The list satisfies all filing requirements set forth in NRS 88.395 or 88.591, as applicable.
Added to NAC by Sec'y of State by R078-13, eff. 12-23-2013
NRS 88.395, 88.591
Nevada Administrative Code › Chapter 88 - Limited Partnerships › ANNUAL LIST › Section 88.370 - Notice to registered agent of intent to select alternative due date

Current through June 11, 2024
A limited partnership or foreign limited partnership shall notify its registered agent of its intent to select an alternative due date not later than 60 days before the alternative due date.
Added to NAC by Sec'y of State by R078-13, eff. 12-23-2013
NRS 88.395, 88.591
Nevada Administrative Code › Chapter 88 - Limited Partnerships › ANNUAL LIST › Section 88.380 - Limitation on selection of alternative due date; exception

Current through June 11, 2024
1. Except as otherwise provided in subsection 2, the Secretary of State may limit the number of times a limited partnership or foreign limited partnership can select an alternative due date.
2. The Secretary of State may allow for additional selections of an alternative due date beyond any limit imposed by subsection 1 in extenuating circumstances.
Added to NAC by Sec'y of State by R078-13, eff. 12-23-2013
NRS 88.395, 88.591
Nevada Administrative Code › Chapter 88 - Limited Partnerships › PENALTY FOR PURPORTING TO DO BUSINESS WITHOUT FILING CERTIFICATE OF LIMITED PARTNERSHIP OR WITHOUT REGISTRATION › Section 88.400 - Activities subject to fine

Current through June 11, 2024
1. The Secretary of State may refer the matter to the district attorney of the county in which a person's principal place of business is located or the Attorney General, or both, for a determination of whether to institute proceedings to recover the fine set forth in NRS 88.352 if the person:
(a) Is purporting to be a limited partnership but has willfully failed to file with the Secretary of State a certificate of limited partnership;
(b) Is doing business in this State as a limited partnership but has willfully failed to file with the Secretary of State a certificate of limited partnership; or
(c) Is doing business in this State as a limited partnership while the limited partnership is in terminated status.
Nevada Administrative Code › Chapter 88 - Limited Partnerships › PENALTY FOR PURPORTING TO DO BUSINESS WITHOUT FILING CERTIFICATE OF LIMITED PARTNERSHIP OR WITHOUT REGISTRATION › Section 88.405 - Filing of complaints

Current through June 11, 2024
1. A person may report to the Secretary of State that a person may be subject to the fine set forth in NRS 88.352, 88.600, 88.6062 or 88.6087, whichever is applicable, by emailing a complaint to blcompliance@sos.nv.gov or by mailing a complaint to:
Secretary of State
Commercial Recordings Division
Attn: Business Compliance
202 North Carson Street
Carson City, Nevada 89701
2. A complaint filed with the Secretary of State pursuant to subsection 1 must be on a form prescribed by the Secretary of State and must include, without limitation:
(a) The name, street address, telephone number and, if applicable, the electronic mail address and any other contact information of the complainant;
(b) The name, street address, telephone number and, if applicable, the electronic mail address and any other contact information of any person authorized by the complainant to file the complaint on behalf of the complainant;
(c) The name, street address, telephone number and, if applicable, the electronic mail address and any other contact information of the person alleged to be subject to the fine set forth in NRS 88.352, 88.600, 88.6062 or 88.6087, whichever is applicable;
(d) Information identifying all persons involved in the alleged conduct subjecting the person to the fine set forth in NRS 88.352, 88.600, 88.6062 or 88.6087, whichever is applicable, including, without limitation, the names, street addresses, business locations, telephone numbers, electronic mail addresses and Internet websites of the persons involved in the alleged conduct;
(e) Information identifying the nature of the business engaged in by the person alleged to be subject to the fine set forth in NRS 88.352, 88.600, 88.6062 or 88.6087, whichever is applicable;
(f) Information identifying any other regulatory entity or agency or any court, arbitrator or other tribunal with which the complainant has filed a complaint or report regarding the same conduct, including, without limitation, the name and address of the regulatory entity, agency, court, arbitrator or tribunal, the date upon which any complaint or report was filed and the case number assigned to the complaint or report, if any;
(g) Any additional information which the complainant believes may assist in the investigation of the allegations made in the complaint;
(h) Copies of any documents which the complainant believes may assist in the investigation of the allegations made in the complaint;
(i) A statement indicating whether the complainant is willing to testify regarding the complaint in a court of law or administrative proceeding; and
(j) A statement that to the best of the complainant's knowledge the information contained in the complaint is true and correct.
Nevada Administrative Code › Chapter 88 - Limited Partnerships › PENALTY FOR PURPORTING TO DO BUSINESS WITHOUT FILING CERTIFICATE OF LIMITED PARTNERSHIP OR WITHOUT REGISTRATION › Section 88.410 - Duties of Secretary of State upon receipt of complaint

Current through June 11, 2024
1. Upon receiving a complaint filed pursuant to NAC 88.405, the Secretary of State will:
(a) Review the complaint and any information submitted with the complaint;
(b) Determine whether the allegations in the complaint may be addressed through the administrative processes of the Office of the Secretary of State; and
(c) Determine whether to refer the complaint to another regulatory or enforcement agency of this State, a political subdivision of this State, another state or the Federal Government.
Nevada Administrative Code › Chapter 88 - Limited Partnerships › PENALTY FOR PURPORTING TO DO BUSINESS WITHOUT FILING CERTIFICATE OF LIMITED PARTNERSHIP OR WITHOUT REGISTRATION › Section 88.415 - Determination regarding sufficiency of complaint by Secretary of State: Notice of deficiencies; demand for response; referral for legal proceedings

Current through June 11, 2024
1. If the Secretary of State determines that the information provided with a complaint filed pursuant to NAC 88.405 is not sufficient to warrant further investigation or processing of the complaint, the Secretary of State will send to the complainant written notification of the deficiencies in the complaint.
2. If the Secretary of State determines that the information provided with a complaint filed pursuant to NAC 88.405 or obtained during the course of an investigation of another matter is sufficient to warrant further investigation or processing, the Secretary of State may send a written demand for a response to the complaint or investigation to the person alleged to be subject to the fine set forth in NRS 88.352, 88.600, 88.6062 or 88.6087, whichever is applicable.
3. A response demanded pursuant to subsection 2 must be:
(a) Completed and returned to the Office of the Secretary of State within the time specified in the written demand; and
(b) Signed under oath by the respondent or, if the respondent is an entity, by a person in a position of responsibility with the respondent.
Nevada Administrative Code › Chapter 88A - Business Trusts › GENERAL PROVISIONS › Section 88A.005 - Electronic filing of records

Current through June 11, 2024
1. The Secretary of State may develop or approve an electronic process for the electronic filing of records authorized or required to be filed with the Secretary of State pursuant to chapter 88A of NRS.
2. If the Secretary of State has developed or approved an electronic process and the electronic process is in place and available for use in the Office of the Secretary of State:
(a) A person may use the electronic process to file with the Secretary of State any record authorized or required to be filed with the Secretary of State pursuant to chapter 88A of NRS; and
(b) The Secretary of State will accept a record filed with the Secretary of State through the use of the electronic process if the record contains all the information required for filing and is accompanied by the appropriate fee and any applicable penalty.
Nevada Administrative Code › Chapter 88A - Business Trusts › GENERAL PROVISIONS › Section 88A.010 - Considerations in determining whether proposed name of business trust is distinguishable from name of existing business entity

Current through June 11, 2024
To determine whether a proposed name of a business trust is distinguishable from the name of an existing business entity, the Secretary of State will consider, without limitation, the rules set forth in NAC 78.020 to 78.100, inclusive.
Added to NAC by Sec'y of State by R098-00, eff. 9-25-2000
NRS 88A.230
Nevada Administrative Code › Chapter 88A - Business Trusts › ANNUAL LIST › Section 88A.300 - Definitions

Current through June 11, 2024
As used in NAC 88A.300 to 88A.380, inclusive, unless the context otherwise requires, the words and terms defined in NAC 88A.310 and 88A.320 have the meanings ascribed to them in those sections.
Added to NAC by Sec'y of State by R078-13, eff. 12-23-2013
NRS 88A.600, 88A.732
Nevada Administrative Code › Chapter 88A - Business Trusts › ANNUAL LIST › Section 88A.310 - "Alternative due date" defined

Current through June 11, 2024
"Alternative due date" means the date selected by a business trust or foreign business trust, as applicable, pursuant to NAC 88A.330 on which the applicable list required by subsection 1 of NRS 88A.600 or subsection 1 of NRS 88A.732 must be filed with the Secretary of State each year.
Added to NAC by Sec'y of State by R078-13, eff. 12-23-2013
NRS 88A.600, 88A.732
Nevada Administrative Code › Chapter 88A - Business Trusts › ANNUAL LIST › Section 88A.320 - "Due date" defined

Current through June 11, 2024
"Due date" means the date on which the applicable list required by subsection 1 of NRS 88A.600 or subsection 1 of NRS 88A.732 must be filed with the Secretary of State each year as set forth in NRS 88A.600 or 88A.732.
Added to NAC by Sec'y of State by R078-13, eff. 12-23-2013
NRS 88A.600, 88A.732
Nevada Administrative Code › Chapter 88A - Business Trusts › ANNUAL LIST › Section 88A.330 - Selection of alternative due date for filing annual list: Form; contents

Current through June 11, 2024
1. A business trust or foreign business trust, as applicable, may select the last day of a month other than the month in which the business trust's or foreign business trust's due date occurs as the alternative due date for filing the applicable list required by subsection 1 of NRS 88A.600 or subsection 1 of NRS 88A.732 by submitting to the Secretary of State a form prescribed by the Secretary of State which must include, at a minimum:
(a) The name of the business trust or foreign business trust;
(b) The business identification number assigned to the business trust or foreign business trust by the Secretary of State;
(c) A statement that the business trust or foreign business trust desires to select an alternative due date;
(d) The month in which the alternative due date will occur;
(e) A declaration under penalty of perjury that:
(1) The information provided in the form is true and correct to the best of the business trust's or foreign business trust's knowledge;
(2) The selection of an alternative due date is not being made to avoid any fee or penalty; and
(3) The business trust or foreign business trust acknowledges that pursuant to NRS 239.330, it is a category C felony to knowingly offer any false or forged instrument for filing with the Office of the Secretary of State; and
(f) The printed name and signature of the person submitting the form and the date on which the form was signed.
Nevada Administrative Code › Chapter 88A - Business Trusts › ANNUAL LIST › Section 88A.340 - Selection of alternative due date by business trust or foreign business trust in terminated status

Current through June 11, 2024
1. If a business trust or foreign business trust is in terminated status, the business trust or foreign business trust must have its right to transact business in this State restored before it may select an alternative due date pursuant to NAC 88A.330.
2. As used in this section, "terminated status" means any status in the records of the Office of the Secretary of State which indicates that a business trust or foreign business trust no longer has the right to transact business in this State, including, without limitation, the status of "revoked," "permanently revoked," "dissolved," "cancelled," "terminated," "administrative hold" or "withdrawn."
Added to NAC by Sec'y of State by R078-13, eff. 12-23-2013
NRS 88A.600, 88A.732
Nevada Administrative Code › Chapter 88A - Business Trusts › ANNUAL LIST › Section 88A.350 - Form for selection of alternative due date to be submitted with annual list; deadline for submission

Current through June 11, 2024
If a business trust or foreign business trust is selecting an alternative due date pursuant to NAC 88A.330, the business trust or foreign business trust must submit the form for the selection of an alternative due date along with the applicable list required pursuant to subsection 1 of NRS 88A.600 or subsection 1 of NRS 88A.732 on or before the last day of the month immediately preceding the month in which the business trust's or foreign business trust's due date, as applicable, occurs.
Added to NAC by Sec'y of State by R078-13, eff. 12-23-2013
NRS 88A.600, 88A.732
Nevada Administrative Code › Chapter 88A - Business Trusts › ANNUAL LIST › Section 88A.360 - Acceptance and filing of form for selection of alternative due date and annual list

Current through June 11, 2024
Except as otherwise provided in NAC 88A.380, the Secretary of State will accept and file a form for the selection of an alternative due date and the applicable list required pursuant to subsection 1 of NRS 88A.600 or subsection 1 of NRS 88A.732 that a business trust or foreign business trust submits pursuant to NAC 88A.350 if:
1. The form contains all the information required pursuant to NAC 88A.330; and
2. The list satisfies all filing requirements set forth in NRS 88A.600 or 88A.732, as applicable.
Added to NAC by Sec'y of State by R078-13, eff. 12-23-2013
NRS 88A.600, 88A.732
Nevada Administrative Code › Chapter 88A - Business Trusts › ANNUAL LIST › Section 88A.370 - Notice to registered agent of intent to select alternative due date

Current through June 11, 2024
A business trust or foreign business trust shall notify its registered agent of its intent to select an alternative due date not later than 60 days before the alternative due date.
Added to NAC by Sec'y of State by R078-13, eff. 12-23-2013
NRS 88A.600, 88A.732
Nevada Administrative Code › Chapter 88A - Business Trusts › ANNUAL LIST › Section 88A.380 - Limitation on selection of alternative due date; exception

Current through June 11, 2024
1. Except as otherwise provided in subsection 2, the Secretary of State may limit the number of times a business trust or foreign business trust can select an alternative due date.
2. The Secretary of State may allow for additional selections of an alternative due date beyond any limit imposed by subsection 1 in extenuating circumstances.
Added to NAC by Sec'y of State by R078-13, eff. 12-23-2013
NRS 88A.600, 88A.732
Nevada Administrative Code › Chapter 88A - Business Trusts › PENALTY FOR PURPORTING TO DO BUSINESS WITHOUT FILING CERTIFICATE OF TRUST OR WITHOUT REGISTRATION › Section 88A.400 - Activities subject to fine

Current through June 11, 2024
1. The Secretary of State may refer the matter to the district attorney of the county in which a person's principal place of business is located or the Attorney General, or both, for a determination of whether to institute proceedings to recover the fine set forth in NRS 88A.215 if the person:
(a) Is purporting to be a business trust but has willfully failed to file with the Secretary of State a certificate of trust;
(b) Is doing business in this State as a business trust but has willfully failed to file with the Secretary of State a certificate of trust; or
(c) Is doing business in this State as a business trust while the business trust is in terminated status.
Nevada Administrative Code › Chapter 88A - Business Trusts › PENALTY FOR PURPORTING TO DO BUSINESS WITHOUT FILING CERTIFICATE OF TRUST OR WITHOUT REGISTRATION › Section 88A.405 - Filing of complaints

Current through June 11, 2024
1. A person may report to the Secretary of State that a person or foreign business trust may be subject to the fine set forth in NRS 88A.215 or 88A.750, whichever is applicable, by emailing a complaint to blcompliance@sos.nv.gov or by mailing a complaint to:
Secretary of State
Commercial Recordings Division
Attn: Business Compliance
202 North Carson Street
Carson City, Nevada 89701
2. A complaint filed with the Secretary of State pursuant to subsection 1 must be on a form prescribed by the Secretary of State and must include, without limitation:
(a) The name, street address, telephone number and, if applicable, the electronic mail address and any other contact information of the complainant;
(b) The name, street address, telephone number and, if applicable, the electronic mail address and any other contact information of any person authorized to file the complaint on behalf of the complainant;
(c) The name, street address, telephone number and, if applicable, the electronic mail address and any other contact information of the person or foreign business trust alleged to be subject to the fine set forth in NRS 88A.215 or 88A.750, whichever is applicable;
(d) Information identifying all persons involved in the alleged conduct subjecting the person or foreign business trust to the fine set forth in NRS 88A.215 or 88A.750, whichever is applicable, including, without limitation, the names, street addresses, business locations, telephone numbers, electronic mail addresses and Internet websites of the persons involved in the alleged conduct;
(e) Information identifying the nature of the business engaged in by the person or foreign business trust alleged to be subject to the fine set forth in NRS 88A.215 or 88A.750, whichever is applicable;
(f) Information identifying any other regulatory entity or agency or any court, arbitrator or other tribunal with which the complainant has filed a complaint or report regarding the same conduct, including, without limitation, the name and address of the regulatory entity, agency, court, arbitrator or tribunal, the date upon which any complaint or report was filed and the case number assigned to the complaint or report, if any;
(g) Any additional information which the complainant believes may assist in the investigation of the allegations made in the complaint;
(h) Copies of any documents which the complainant believes may assist in the investigation of the allegations made in the complaint;
(i) A statement indicating whether the complainant is willing to testify regarding the complaint in a court of law or administrative proceeding; and
(j) A statement that to the best of the complainant's knowledge the information contained in the complaint is true and correct.
Nevada Administrative Code › Chapter 88A - Business Trusts › PENALTY FOR PURPORTING TO DO BUSINESS WITHOUT FILING CERTIFICATE OF TRUST OR WITHOUT REGISTRATION › Section 88A.410 - Duties of Secretary of State upon receipt of complaint

Current through June 11, 2024
1. Upon receiving a complaint filed pursuant to NAC 88A.405, the Secretary of State will:
(a) Review the complaint and any information submitted with the complaint;
(b) Determine whether the allegations in the complaint may be addressed through the administrative processes of the Office of the Secretary of State; and
(c) Determine whether to refer the complaint to another regulatory or enforcement agency of this State, a political subdivision of this State, another state or the Federal Government.
Nevada Administrative Code › Chapter 88A - Business Trusts › PENALTY FOR PURPORTING TO DO BUSINESS WITHOUT FILING CERTIFICATE OF TRUST OR WITHOUT REGISTRATION › Section 88A.415 - Determination regarding sufficiency of complaint by Secretary of State: Notice of deficiencies; demand for response; referral for legal proceedings

Current through June 11, 2024
1. If the Secretary of State determines that the information provided with a complaint filed pursuant to NAC 88A.405 is not sufficient to warrant further investigation or processing of the complaint, the Secretary of State will send to the complainant written notification of the deficiencies in the complaint.
2. If the Secretary of State determines that the information provided with a complaint filed pursuant to NAC 88A.405 or obtained during the course of an investigation of another matter is sufficient to warrant further investigation or processing, the Secretary of State may send a written demand for a response to the complaint or investigation to the person or foreign business trust alleged to be subject to the fine set forth in NRS 88A.215 or 88A.750, whichever is applicable.
3. A response demanded pursuant to subsection 2 must be:
(a) Completed and returned to the Office of the Secretary of State within the time specified in the written demand; and
(b) Signed under oath by the respondent or, if the respondent is an entity, by a person in a position of responsibility with the respondent.
Nevada Administrative Code › Chapter 89 - Professional Entities and Associations › GENERAL PROVISIONS › Section 89.005 - Electronic filing of records

Current through June 11, 2024
1. The Secretary of State may develop or approve an electronic process for the electronic filing of records authorized or required to be filed with the Secretary of State pursuant to chapter 89 of NRS.
2. If the Secretary of State has developed or approved an electronic process and the electronic process is in place and available for use in the Office of the Secretary of State:
(a) A person may use the electronic process to file with the Secretary of State any record authorized or required to be filed with the Secretary of State pursuant to chapter 89 of NRS; and
(b) The Secretary of State will accept a record filed with the Secretary of State through the use of the electronic process if the record contains all the information required for filing and is accompanied by the appropriate fee and any applicable penalty.
Nevada Administrative Code › Chapter 89 - Professional Entities and Associations › ANNUAL LIST › Section 89.300 - Definitions

Current through June 11, 2024
As used in NAC 89.300 to 89.370, inclusive, unless the context otherwise requires, the words and terms defined in NAC 89.310 and 89.320 have the meanings ascribed to them in those sections.
Added to NAC by Sec'y of State by R078-13, eff. 12-23-2013
NRS 89.250
Nevada Administrative Code › Chapter 89 - Professional Entities and Associations › ANNUAL LIST › Section 89.310 - "Alternative due date" defined

Current through June 11, 2024
"Alternative due date" means the date selected by a professional association pursuant to NAC 89.330 on which the list required by subsection 1 of NRS 89.250 must be filed with the Secretary of State each year.
Added to NAC by Sec'y of State by R078-13, eff. 12-23-2013
NRS 89.250
Nevada Administrative Code › Chapter 89 - Professional Entities and Associations › ANNUAL LIST › Section 89.320 - "Due date" defined

Current through June 11, 2024
"Due date" means the date on which the list required by subsection 1 of NRS 89.250 must be filed with the Secretary of State each year as set forth in NRS 89.250.
Added to NAC by Sec'y of State by R078-13, eff. 12-23-2013
NRS 89.250
Nevada Administrative Code › Chapter 89 - Professional Entities and Associations › ANNUAL LIST › Section 89.330 - Selection of alternative due date for filing annual list: Form; contents

Current through June 11, 2024
1. A professional association may select the last day of a month other than the month in which the professional association's due date occurs as the alternative due date for filing the list required by subsection 1 of NRS 89.250 by submitting to the Secretary of State a form prescribed by the Secretary of State which must include, at a minimum:
(a) The name of the professional association;
(b) The business identification number assigned to the professional association by the Secretary of State;
(c) A statement that the professional association desires to select an alternative due date;
(d) The month in which the alternative due date will occur;
(e) A declaration under penalty of perjury that:
(1) The information provided in the form is true and correct to the best of the professional association's knowledge;
(2) The selection of an alternative due date is not being made to avoid any fee or penalty; and
(3) The professional association acknowledges that pursuant to NRS 239.330, it is a category C felony to knowingly offer any false or forged instrument for filing with the Office of the Secretary of State; and
(f) The printed name and signature of the person submitting the form and the date on which the form was signed.
Nevada Administrative Code › Chapter 89 - Professional Entities and Associations › ANNUAL LIST › Section 89.340 - Selection of alternative due date by professional association in terminated status

Current through June 11, 2024
1. If a professional association is in terminated status, the professional association must have its right to transact business in this State restored before it may select an alternative due date pursuant to NAC 89.330.
2. As used in this section, "terminated status" means any status in the records of the Office of the Secretary of State which indicates that a professional association no longer has the right to transact business in this State, including, without limitation, the status of "revoked," "permanently revoked," "dissolved," "cancelled," "terminated," "administrative hold" or "withdrawn."
Added to NAC by Sec'y of State by R078-13, eff. 12-23-2013
NRS 89.250
Nevada Administrative Code › Chapter 89 - Professional Entities and Associations › ANNUAL LIST › Section 89.350 - Form for selection of alternative due date to be submitted with annual list; deadline for submission

Current through June 11, 2024
If a professional association is selecting an alternative due date pursuant to NAC 89.330, the professional association must submit the form for the selection of an alternative due date along with the list required pursuant to subsection 1 of NRS 89.250 on or before the last day of the month immediately preceding the month in which the professional association's due date occurs.
Added to NAC by Sec'y of State by R078-13, eff. 12-23-2013
NRS 89.250
Nevada Administrative Code › Chapter 89 - Professional Entities and Associations › ANNUAL LIST › Section 89.360 - Acceptance and filing of form for selection of alternative due date and annual list

Current through June 11, 2024
Except as otherwise provided in NAC 89.370, the Secretary of State will accept and file a form for the selection of an alternative due date and the list required pursuant to subsection 1 of NRS 89.250 that a professional association submits pursuant to NAC 89.350 if:
1. The form contains all the information required pursuant to NAC 89.330; and
2. The list satisfies all filing requirements set forth in NRS 89.250.
Added to NAC by Sec'y of State by R078-13, eff. 12-23-2013
NRS 89.250
Nevada Administrative Code › Chapter 89 - Professional Entities and Associations › ANNUAL LIST › Section 89.370 - Limitation on selection of alternative due date; exception

Current through June 11, 2024
1. Except as otherwise provided in subsection 2, the Secretary of State may limit the number of times a professional association can select an alternative due date.
2. The Secretary of State may allow for additional selections of an alternative due date beyond any limit imposed by subsection 1 in extenuating circumstances.
Added to NAC by Sec'y of State by R078-13, eff. 12-23-2013
NRS 89.250
Nevada Administrative Code › Chapter 89 - Professional Entities and Associations › PENALTY FOR PURPORTING TO DO BUSINESS WITHOUT FILING ARTICLES OF ASSOCIATION › Section 89.400 - Activities subject to fine

Current through June 11, 2024
1. The Secretary of State may refer the matter to the district attorney of the county in which a person's principal place of business is located or the Attorney General, or both, for a determination of whether to institute proceedings to recover the fine set forth in NRS 89.215 if the person:
(a) Is purporting to be a professional association but has willfully failed to file with the Secretary of State articles of association pursuant to NRS 89.210;
(b) Is doing business in this State as a professional association but has willfully failed to file with the Secretary of State articles of association pursuant to NRS 89.210; or
(c) Is doing business in this State as a professional association while the professional association is in terminated status.
Nevada Administrative Code › Chapter 89 - Professional Entities and Associations › PENALTY FOR PURPORTING TO DO BUSINESS WITHOUT FILING ARTICLES OF ASSOCIATION › Section 89.405 - Filing of complaints

Current through June 11, 2024
1. A person may report to the Secretary of State that a person may be subject to the fine set forth in NRS 89.215 by emailing a complaint to blcompliance@sos.nv.gov or by mailing a complaint to:
Secretary of State
Commercial Recordings Division
Attn: Business Compliance
202 North Carson Street
Carson City, Nevada 89701
2. A complaint filed with the Secretary of State pursuant to subsection 1 must be on a form prescribed by the Secretary of State and must include, without limitation:
(a) The name, street address, telephone number and, if applicable, the electronic mail address and any other contact information of the complainant;
(b) The name, street address, telephone number and, if applicable, the electronic mail address and any other contact information of any person authorized by the complainant to file the complaint on behalf of the complainant;
(c) The name, street address, telephone number and, if applicable, the electronic mail address and any other contact information of the person alleged to be subject to the fine set forth in NRS 89.215;
(d) Information identifying all persons involved in the alleged conduct subjecting the person to the fine set forth in NRS 89.215, including, without limitation, the names, street addresses, business locations, telephone numbers, electronic mail addresses and Internet websites of the persons involved in the alleged conduct;
(e) Information identifying the nature of the business engaged in by the person alleged to be subject to the fine set forth in NRS NRS 89.215;
(f) Information identifying any other regulatory entity or agency or any court, arbitrator or other tribunal with which the complainant has filed a complaint or report regarding the same conduct, including, without limitation, the name and address of the regulatory entity, agency, court, arbitrator or tribunal, the date upon which any complaint or report was filed and the case number assigned to the complaint or report, if any;
(g) Any additional information which the complainant believes may assist in the investigation of the allegations made in the complaint;
(h) Copies of any documents which the complainant believes may assist in the investigation of the allegations made in the complaint;
(i) A statement indicating whether the complainant is willing to testify regarding the complaint in a court of law or administrative proceeding; and
(j) A statement that to the best of the complainant's knowledge the information contained in the complaint is true and correct.
Nevada Administrative Code › Chapter 89 - Professional Entities and Associations › PENALTY FOR PURPORTING TO DO BUSINESS WITHOUT FILING ARTICLES OF ASSOCIATION › Section 89.410 - Duties of Secretary of State upon receipt of complaint

Current through June 11, 2024
1. Upon receiving a complaint filed pursuant to NAC 89.405, the Secretary of State will:
(a) Review the complaint and any information submitted with the complaint;
(b) Determine whether the allegations in the complaint may be addressed through the administrative processes of the Office of the Secretary of State; and
(c) Determine whether to refer the complaint to another regulatory or enforcement agency of this State, a political subdivision of this State, another state or the Federal Government.
Nevada Administrative Code › Chapter 89 - Professional Entities and Associations › PENALTY FOR PURPORTING TO DO BUSINESS WITHOUT FILING ARTICLES OF ASSOCIATION › Section 89.415 - Determination regarding sufficiency of complaint by Secretary of State: Notice of deficiencies; demand for response; referral for legal proceedings

Current through June 11, 2024
1. If the Secretary of State determines that the information provided with a complaint filed pursuant to NAC 89.405 is not sufficient to warrant further investigation or processing of the complaint, the Secretary of State will send to the complainant written notification of the deficiencies in the complaint.
2. If the Secretary of State determines that the information provided with a complaint filed pursuant to NAC 89.405 or obtained during the course of an investigation of another matter is sufficient to warrant further investigation or processing, the Secretary of State may send a written demand for a response to the complaint or investigation to the person alleged to be subject to the fine set forth in NRS 89.215.
3. A response demanded pursuant to subsection 2 must be:
(a) Completed and returned to the Office of the Secretary of State within the time specified in the written demand; and
(b) Signed under oath by the respondent or, if the respondent is an entity, by a person in a position of responsibility with the respondent.
Nevada Administrative Code › Chapter 90 - Securities › Section 90.Sec. 2 - NEW

Current through June 11, 2024
1.
		  "Offering document" includes, without limitation, a registration statement,
		  prospectus, applicable agreement, charter, by-law, opinion of counsel and other
		  opinion, specimen, indenture, consent to service of process and associated
		  resolution, sales material, subscription agreement and any applicable
		  exhibit.
2. As used in this
		  section, "sales material" includes, without limitation, materials used in
		  connection with the solicitation of purchasers of securities which are approved
		  as sales literature or other related materials by the Securities and Exchange
		  Commission, the Financial Industry Regulatory Authority or a state, as
		  applicable.
Added
			 to NAC by Sec'y of State by
			 R018-21A,
			 eff. 6/2/2023
NRS
				90.750
Nevada Administrative Code › Chapter 90 - Securities › Section 90.Sec. 3 - NEW

Current through June 11, 2024
"Securities Act of 1933," "Securities Exchange Act of 1934,"
			 "Investment Company Act of 1940" and "Investment Advisers Act of 1940" mean the
			 federal statutes of those names, as amended.
Added
			 to NAC by Sec'y of State by
			 R018-21A,
			 eff. 6/2/2023
NRS
				90.750
Nevada Administrative Code › Chapter 90 - Securities › Section 90.Sec. 4 - NEW

Current through June 11, 2024
Chapter 90 of NAC must be interpreted and applied in harmony with
			 the National Securities Markets Improvement Act of 1996,
			 Public Law
			 104-290.
Added
			 to NAC by Sec'y of State by
			 R018-21A,
			 eff. 6/2/2023
NRS
				90.750
Nevada Administrative Code › Chapter 90 - Securities › Section 90.Sec. 6 - NEW

Current through June 11, 2024
1.
		  An investment adviser, representative of an investment adviser or federal
		  covered adviser shall be deemed to have engaged in an unethical or dishonest
		  practice within the meaning of paragraph (h) of subsection 1 of
		  NRS
		  90.420 if the adviser or representative,
		  directly or indirectly, uses any advertisement:
(a) To refer to a testimonial of any kind
		  relating to:
(1) The adviser or a
		  representative of the investment adviser; or
(2) The advice, analysis, report or other
		  service rendered by the adviser or representative of the investment
		  adviser;
Nevada Administrative Code › Chapter 90 - Securities › Section 90.Sec. 8 - NEW

Current through June 11, 2024
1.
		  It is unethical or dishonest practice for an investment adviser to enter into,
		  extend or renew an investment advisory contract if the contract provides for
		  compensation to the investment adviser on the basis of a share of capital gains
		  upon or capital appreciation of the funds or any portion of the funds of a
		  client unless:
(a) The investment adviser is
		  not licensed and is not required to be licensed pursuant to
		  NRS
		  90.330; or
(b) The following conditions are met:
(1) The client entering into the contract is
		  a qualified client, as defined by Rule 205-3 under the Investment Advisers Act
		  of 1940; and
(2) To the extent not
		  otherwise disclosed on Part 2 of the Uniform Application for Investment Adviser
		  Registration (Form ADV), the investment adviser discloses to the client, in
		  writing, all material information relating to the proposed advisory
		  arrangement, including, without limitation:
(I) That the fee arrangement may create an
		  incentive for the investment adviser to make investments that are riskier or
		  more speculative than would be the case in the absence of a performance
		  fee;
(II) That the investment
		  adviser may receive increased compensation with regard to unrealized
		  appreciation as well as realized gains in the account of the client, if
		  applicable;
(III) The periods that
		  will be used to measure investment performance throughout the contract and the
		  significance of such periods in the computation of the fee;
(IV) The nature of any index that will be
		  used as a comparative measure of investment performance, the significance of
		  the index and the reason the investment adviser believes that the index is
		  appropriate; and
(V) If the
		  compensation of the investment adviser is based in part on the unrealized
		  appreciation of securities for which market quotations are not readily
		  available within the meaning of Rule 2a-4(a)(1) under the Investment Company
		  Act of 1940, how the securities will be valued and the extent to which the
		  valuation will be independently determined.
Nevada Administrative Code › Chapter 90 - Securities › Section 90.Sec. 9 - NEW

Current through June 11, 2024
1.
		  An investment adviser shall establish, implement and maintain written
		  procedures relating to a plan for business continuity and success.
2. The plan described in subsection 1 must:
(a) Be based upon the facts and circumstances
		  of the business model of the investment adviser, including, without limitation:
(1) The size of the business;
(2) The types of services provided to
		  clients; and
(3) The number of
		  business locations of the investment adviser; and
Nevada Administrative Code › Chapter 90 - Securities › Section 90.Sec. 10 - NEW

Current through June 11, 2024
1.
		  An investment adviser who is licensed or required to be licensed shall
		  establish, implement, update and enforce written policies and procedures for
		  physical security and cybersecurity which are reasonably designed to ensure the
		  confidentiality, integrity and availability of physical and electronic records
		  and information.
2. The policies
		  and procedures described in subsection 1 must:
(a) Be tailored to the business model of the
		  investment adviser, including, without limitation:
(1) The size of the firm;
(2) The type of services provided by the
		  investment adviser; and
(3) The
		  number of locations of the investment adviser;
Nevada Administrative Code › Chapter 90 - Securities › Section 90.Sec. 11 - NEW

Current through June 11, 2024
1.
		  An investment adviser who is licensed or required to be licensed shall
		  establish, implement, update and enforce written policies that are reasonably
		  designed to aid a client in understanding how the investment adviser collects
		  private personal information.
2.
		  The policies described in subsection 1 must be delivered by the investment
		  adviser to the client upon the initial engagement of the client and annually
		  thereafter. An updated version of the policies must be delivered to the client
		  promptly at such time that the policies are amended or any other time that the
		  information in the policies becomes inaccurate.
3. The investment adviser shall maintain
		  true, accurate and current:
(a) Copies of the
		  policies described in subsection 1, which must be:
(1) Maintained in hard copy; or
(2) Stored on electronic storage media that
		  is separate from and not dependent upon access to the computers or networks of
		  the investment adviser;
Nevada Administrative Code › Chapter 90 - Securities › Section 90.Sec. 12 - NEW

Current through June 11, 2024
1.
		  Except as otherwise provided in this section, an investment adviser who is
		  licensed or required to be licensed pursuant to
		  NRS
		  90.330 shall furnish each designated client
		  and designated prospective client with:
(a) A
		  brochure which may be a copy of Part 2A of the Uniform Application for
		  Investment Adviser Registration (Form ADV) or written documents containing the
		  information required by Part 2A of the Uniform Application for Investment
		  Adviser Registration (Form ADV);
(b) A copy of its Part 2B brochure supplement
		  for each person who:
(1) Provides investment
		  advice and has direct contact with clients in this State; or
(2) Exercises discretion over assets of
		  clients in this State, even if no direct contact is involved;
(c) A copy of its Part 2A,
		  Appendix 1 wrap fee brochure if the investment adviser sponsors or participates
		  in a wrap fee account;
(d) A
		  summary of material changes to the documents described in paragraph (a), (b) or
		  (c), which may be:
(1) Included in Part 2 of
		  its Uniform Application for Investment Adviser Registration (Form ADV);
		  or
(2) Given as a separate
		  document; and
(e) Any
		  other information required by the Administrator.