reglab/statecodes huggingface dataset:
Nevada Administrative Code › Chapter 78 - Private Corporations › NAME OF CORPORATION › Section 78.050 - Distinguishing proposed name from name of existing business entity: Differences in spelling

Current through June 11, 2024
A difference in spelling, regardless of whether there is a phonetic similarity between the proposed name of the corporation and the name of an existing business entity, may make the proposed name distinguishable from the name of an existing business entity. For example:
1. "Capital Cleaner" is distinguishable from "Capitol Cleaners";
2. "Cool Cuts" is distinguishable from "Kool Kuts";
3. "Great Picks" is distinguishable from "Great Pix";
4. "Jones Tires" is distinguishable from "Joan's Tires"; and
5. "Write, Inc." is distinguishable from "Right, Inc."
Added to NAC by Sec'y of State by R098-00, eff. 9-25-2000
NRS 78.039, 78.185
Nevada Administrative Code › Chapter 78 - Private Corporations › NAME OF CORPORATION › Section 78.060 - Distinguishing proposed name from name of existing business entity: Words from foreign languages and English language with same meaning or similar spelling

Current through June 11, 2024
The use of a word in a foreign language that is spelled similarly or has the same meaning as a word in the English language, or the use of a word in the English language that is spelled similarly or has the same meaning as a word in a foreign language, may make the proposed name of a corporation distinguishable from the name of an existing business entity. For example:
1. "Association of Women" is distinguishable from "Association de Mujeres"; and
2. "Evangelical Church" is distinguishable from "Evangelico Church."
Added to NAC by Sec'y of State by R098-00, eff. 9-25-2000
NRS 78.039, 78.185
Nevada Administrative Code › Chapter 78 - Private Corporations › NAME OF CORPORATION › Section 78.070 - Distinguishing proposed name from name of existing business entity: Variations in beginning or ending of root words

Current through June 11, 2024
The addition or omission of a prefix or a suffix or any other variation in the beginning or ending of a root word, such as "s," "es," "ing," "ion," "ed" or "er," may make the proposed name of a corporation distinguishable from the name of an existing business entity. For example:
1. "C-Corp." is distinguishable from "Cee Cee, Inc.";
2. "Circuit Products" is distinguishable from "Circuit Production";
3. "Rich, Inc." is distinguishable from "Richey, Inc.";
4. "Sam's Town" is distinguishable from "Sammy's Town"; and
5. "Window Wash" is distinguishable from "Window Washing."
Added to NAC by Sec'y of State by R098-00, eff. 9-25-2000
NRS 78.039, 78.185
Nevada Administrative Code › Chapter 78 - Private Corporations › NAME OF CORPORATION › Section 78.080 - Distinguishing proposed name from name of existing business entity: Use of prepositions

Current through June 11, 2024
The addition, omission or change of a preposition, such as "of," "in," "with" or "for," may make the proposed name of a corporation distinguishable from the name of an existing business entity. For example:
1. "Express Nevada Co." is distinguishable from "Express of Nevada Co.";
2. "Kids for Tomorrow" is distinguishable from "Kids of Tomorrow"; and
3. "Jobs in Nevada" is distinguishable from "Jobs for Nevada."
Added to NAC by Sec'y of State by R098-00, eff. 9-25-2000
NRS 78.039, 78.185
Nevada Administrative Code › Chapter 78 - Private Corporations › NAME OF CORPORATION › Section 78.090 - Distinguishing proposed name from name of existing business entity: Use of abbreviated or unabbreviated words

Current through June 11, 2024
The use of an abbreviated word in place of an unabbreviated word, or the use of an unabbreviated word in place of an abbreviated word, may make the proposed name of the corporation distinguishable from the name of an existing business entity. For example:
1. "AAA Communications" is distinguishable from "AAA Comm.";
2. "ABC Job Service" is distinguishable from "ABC Job Svc.";
3. "American Systems" is distinguishable from "Amer. Systems";
4. "Computer Technology" is distinguishable from "Computer Tech"; and
5. "International Investors" is distinguishable from "Int'l Investors."
Added to NAC by Sec'y of State by R098-00, eff. 9-25-2000
NRS 78.039, 78.185
Nevada Administrative Code › Chapter 78 - Private Corporations › NAME OF CORPORATION › Section 78.100 - Distinguishing proposed name from name of existing business entity: Use of numerals or words representing numbers

Current through June 11, 2024
The use of a numeral in place of a word that represents the number, or the use of a word that represents the number in place of a numeral, may make the proposed name of a corporation distinguishable from the name of an existing business entity. For example:
1. "8 Ball, Inc." is distinguishable from "Eight-Ball, Inc.";
2. "4th and Vine" is distinguishable from "Fourth and Vine";
3. "Nineteenth Hole" is distinguishable from "19th Hole"; and
4. "One and Only" is distinguishable from "1 and Only."
Added to NAC by Sec'y of State by R098-00, eff. 9-25-2000
NRS 78.039, 78.185
Nevada Administrative Code › Chapter 78 - Private Corporations › ANNUAL LIST › Section 78.300 - Definitions

Current through June 11, 2024
As used in NAC 78.300 to 78.380, inclusive, unless the context otherwise requires, the words and terms defined in NAC 78.310 and 78.320 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 78.150
Nevada Administrative Code › Chapter 78 - Private Corporations › ANNUAL LIST › Section 78.310 - "Alternative due date" defined

Current through June 11, 2024
"Alternative due date" means the date selected by a corporation pursuant to NAC 78.330 on which the list required by subsection 1 of NRS 78.150 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 78.150
Nevada Administrative Code › Chapter 78 - Private Corporations › ANNUAL LIST › Section 78.320 - "Due date" defined

Current through June 11, 2024
"Due date" means the date on which the list required by subsection 1 of NRS 78.150 must be filed with the Secretary of State each year as set forth in NRS 78.150.
Added to NAC by Sec'y of State by R078-13, eff. 12-23-2013
NRS 78.150
Nevada Administrative Code › Chapter 78 - Private Corporations › ANNUAL LIST › Section 78.330 - Selection of alternative due date for filing annual list: Form; contents

Current through June 11, 2024
1. A corporation may select the last day of a month other than the month in which the corporation's due date occurs as the alternative due date for filing the list required by subsection 1 of NRS 78.150 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 corporation;
(b) The business identification number assigned to the corporation by the Secretary of State;
(c) A statement that the corporation 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 corporation's knowledge;
(2) The selection of an alternative due date is not being made to avoid any fee or penalty; and
(3) The corporation 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 78 - Private Corporations › ANNUAL LIST › Section 78.340 - Selection of alternative due date by corporation in terminated status

Current through June 11, 2024
1. If a corporation is in terminated status, the corporation must have its right to transact business in this State restored before it may select an alternative due date pursuant to NAC 78.330.
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 corporation 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 78.150
Nevada Administrative Code › Chapter 78 - Private Corporations › ANNUAL LIST › Section 78.350 - Form for selection of alternative due date to be submitted with annual list; deadline for submission

Current through June 11, 2024
If a corporation is selecting an alternative due date pursuant to NAC 78.330, the corporation must submit the form for the selection of an alternative due date along with the list required pursuant to subsection 1 of NRS 78.150 on or before the last day of the month immediately preceding the month in which the corporation's due date occurs.
Added to NAC by Sec'y of State by R078-13, eff. 12-23-2013
NRS 78.150
Nevada Administrative Code › Chapter 78 - Private Corporations › ANNUAL LIST › Section 78.360 - 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 78.380, 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 78.150 that a corporation submits pursuant to NAC 78.350 if:
1. The form contains all the information required pursuant to NAC 78.330; and
2. The list satisfies all filing requirements set forth in NRS 78.150.
Added to NAC by Sec'y of State by R078-13, eff. 12-23-2013
NRS 78.150
Nevada Administrative Code › Chapter 78 - Private Corporations › ANNUAL LIST › Section 78.370 - Notice to registered agent of intent to select alternative due date

Current through June 11, 2024
A corporation 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 78.150
Nevada Administrative Code › Chapter 78 - Private Corporations › ANNUAL LIST › Section 78.380 - 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 corporation 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 78.150
Nevada Administrative Code › Chapter 78 - Private Corporations › PENALTY FOR PURPORTING TO DO BUSINESS WITHOUT FILING ARTICLES OF INCORPORATION › Section 78.400 - 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 78.047 if the person:
(a) Is purporting to be a corporation organized and existing under the laws of this State but has willfully failed to file with the Secretary of State articles of incorporation;
(b) Is doing business in this State as a corporation organized and existing under the laws of this State but has willfully failed to file with the Secretary of State articles of incorporation; or
(c) Is doing business in this State as a corporation organized and existing under the laws of this State while the corporation is in terminated status.
Nevada Administrative Code › Chapter 78 - Private Corporations › PENALTY FOR PURPORTING TO DO BUSINESS WITHOUT FILING ARTICLES OF INCORPORATION › Section 78.405 - 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 78.047 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 contain, at a minimum:
(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 78.047;
(d) Information identifying all persons involved in the alleged conduct subjecting the person to the fine set forth in NRS 78.047, 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 78.047;
(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 in an 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 78 - Private Corporations › PENALTY FOR PURPORTING TO DO BUSINESS WITHOUT FILING ARTICLES OF INCORPORATION › Section 78.410 - Duties of Secretary of State upon receipt of complaint

Current through June 11, 2024
1. Upon receiving a complaint filed pursuant to NAC 78.405, 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 78 - Private Corporations › PENALTY FOR PURPORTING TO DO BUSINESS WITHOUT FILING ARTICLES OF INCORPORATION › Section 78.415 - 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 78.405 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 78.405 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 78.047.
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 78A - Close Corporations › Section 78A.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 78A 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 78A 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 80 - Foreign Corporations › GENERAL PROVISIONS › Section 80.005 - 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 80 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 80 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 80 - Foreign Corporations › GENERAL PROVISIONS › Section 80.010 - Considerations in determining whether proposed name of foreign corporation is distinguishable from name of existing business entity

Current through June 11, 2024
To determine whether a proposed name of a foreign corporation 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 80.010
Nevada Administrative Code › Chapter 80 - Foreign Corporations › ANNUAL LIST › Section 80.300 - Definitions

Current through June 11, 2024
As used in NAC 80.300 to 80.380, inclusive, unless the context otherwise requires, the words and terms defined in NAC 80.310 and 80.320 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 80.110
Nevada Administrative Code › Chapter 80 - Foreign Corporations › ANNUAL LIST › Section 80.310 - "Alternative due date" defined

Current through June 11, 2024
"Alternative due date" means the date selected by a foreign corporation pursuant to NAC 80.330 on which the list required by subsection 1 of NRS 80.110 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 80.110
Nevada Administrative Code › Chapter 80 - Foreign Corporations › ANNUAL LIST › Section 80.320 - "Due date" defined

Current through June 11, 2024
"Due date" means the date on which the list required by subsection 1 of NRS 80.110 must be filed with the Secretary of State each year as set forth in NRS 80.110.
Added to NAC by Sec'y of State by R078-13, eff. 12-23-2013
NRS 80.110
Nevada Administrative Code › Chapter 80 - Foreign Corporations › ANNUAL LIST › Section 80.330 - Selection of alternative due date for filing annual list: Form; contents

Current through June 11, 2024
1. A foreign corporation may select the last day of a month other than the month in which the foreign corporation's due date occurs as the alternative due date for filing the list required by subsection 1 of NRS 80.110 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 foreign corporation;
(b) The business identification number assigned to the foreign corporation by the Secretary of State;
(c) A statement that the foreign corporation 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 foreign corporation's knowledge;
(2) The selection of an alternative due date is not being made to avoid any fee or penalty; and
(3) The foreign corporation 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 80 - Foreign Corporations › ANNUAL LIST › Section 80.340 - Selection of alternative due date by foreign corporation in terminated status

Current through June 11, 2024
1. If a foreign corporation is in terminated status, the foreign corporation must have its right to transact business in this State restored before it may select an alternative due date pursuant to NAC 80.330.
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 foreign corporation 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 80.110
Nevada Administrative Code › Chapter 80 - Foreign Corporations › ANNUAL LIST › Section 80.350 - Form for selection of alternative due date to be submitted with annual list; deadline for submission

Current through June 11, 2024
If a foreign corporation is selecting an alternative due date pursuant to NAC 80.330, the foreign corporation must submit the form for the selection of an alternative due date along with the list required pursuant to subsection 1 of NRS 80.110 on or before the last day of the month immediately preceding the month in which the foreign corporation's due date occurs.
Added to NAC by Sec'y of State by R078-13, eff. 12-23-2013
NRS 80.110
Nevada Administrative Code › Chapter 80 - Foreign Corporations › ANNUAL LIST › Section 80.360 - 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 80.380, 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 80.110 that a foreign corporation submits pursuant to NAC 80.350 if:
1. The form contains all the information required pursuant to NAC 80.330; and
2. The list satisfies all filing requirements set forth in NRS 80.110.
Added to NAC by Sec'y of State by R078-13, eff. 12-23-2013
NRS 80.110
Nevada Administrative Code › Chapter 80 - Foreign Corporations › ANNUAL LIST › Section 80.370 - Notice to registered agent of intent to select alternative due date

Current through June 11, 2024
A foreign corporation 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 80.110
Nevada Administrative Code › Chapter 80 - Foreign Corporations › ANNUAL LIST › Section 80.380 - 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 foreign corporation 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 80.110
Nevada Administrative Code › Chapter 80 - Foreign Corporations › PENALTY FOR FAILURE TO COMPLY WITH REQUIREMENTS FOR QUALIFICATION › Section 80.400 - 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 corporation has its principal place of business or the Attorney General, or both, for a determination of whether to institute proceedings to recover the fine set forth in NRS 80.055 if the corporation is organized pursuant to the laws of another state, territory, the District of Columbia, a possession of the United States or a foreign country and:
(a) Is doing business in this State but has willfully failed to file in the Office of the Secretary of State the information required to be filed pursuant to subsection 1 of NRS 80.010; or
(b) Is doing business in this State while the corporation is in terminated status.
Nevada Administrative Code › Chapter 80 - Foreign Corporations › PENALTY FOR FAILURE TO COMPLY WITH REQUIREMENTS FOR QUALIFICATION › Section 80.405 - Filing of complaints

Current through June 11, 2024
1. A person may report to the Secretary of State that a corporation may be subject to the fine set forth in NRS 80.055 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 corporation alleged to be subject to the fine set forth in NRS 80.055;
(d) Information identifying all persons involved in the alleged conduct subjecting the corporation to the fine set forth in NRS 80.055, 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 corporation alleged to be subject to the fine set forth in NRS 80.055;
(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 80 - Foreign Corporations › PENALTY FOR FAILURE TO COMPLY WITH REQUIREMENTS FOR QUALIFICATION › Section 80.410 - Duties of Secretary of State upon receipt of complaint

Current through June 11, 2024
1. Upon receiving a complaint filed pursuant to NAC 80.405, 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 80 - Foreign Corporations › PENALTY FOR FAILURE TO COMPLY WITH REQUIREMENTS FOR QUALIFICATION › Section 80.415 - 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 80.405 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 80.405 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 corporation alleged to be subject to the fine set forth in NRS 80.055.
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 a person in a position of responsibility with the respondent.
Nevada Administrative Code › Chapter 81 - Miscellaneous Organizations › Section 81.005 - 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 81 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 81 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 82 - Nonprofit Corporations › GENERAL PROVISIONS › Section 82.005 - 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 82 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 82 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 82 - Nonprofit Corporations › GENERAL PROVISIONS › Section 82.010 - Considerations in determining whether proposed name of nonprofit corporation is distinguishable from name of existing business entity

Current through June 11, 2024
To determine whether a proposed name of a nonprofit corporation 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 82.096
Nevada Administrative Code › Chapter 82 - Nonprofit Corporations › SOLICITATION OF CHARITABLE CONTRIBUTIONS › Section 82.200 - "Contribution, donation, gift or the like" and "solicit" and "solicitation" defined; "executive personnel" interpreted

Current through June 11, 2024
For the purposes of NRS 82.392:
1. "Contribution, donation, gift or the like" means the actual receipt of, or promise to pay or grant, money or an item of value, including, without limitation, a tangible good or asset, real property, a product or a service.
2. "Solicit" or "solicitation" shall be deemed not to include a request for the payment of bona fide fees, dues or assessments by members of an organization, provided membership is not conferred solely as consideration for making a contribution or donation in response to a solicitation.
3. The Secretary of State will interpret "executive personnel" to mean one or more persons, whether paid or volunteer, at the highest level of management of the corporation who has or have the day-to-day responsibilities for the management of the corporation, including, without limitation, responsibilities for policy making, planning and implementation, decision making, fundraising, supervising paid and volunteer staff, budget management, reporting and accountability, and working with the board of directors.
Added to NAC by Sec'y of State by R068-13, 12-23-2013, eff. 1-1-2014
NRS 82.417
Nevada Administrative Code › Chapter 82 - Nonprofit Corporations › SOLICITATION OF CHARITABLE CONTRIBUTIONS › Section 82.205 - Purpose for which corporation is organized; "fewer than 15 persons" interpreted; determination of relationships within third degree of consanguinity or affinity

Current through June 11, 2024
For the purposes of NRS 82.392:
1. The Secretary of State will deem the purpose for which a corporation is organized, as required information pursuant to paragraph (d) of subsection 3 of that section, to be the same as the purpose set forth in the corporation's original articles of incorporation or amended articles of incorporation, as applicable.
2. The Secretary of State will interpret "fewer than 15 persons," as used in paragraph (b) of subsection 7 of that section, to mean that not more than 14 persons are solicited during each year for which the corporation files an annual list as required by subsection 3 of NRS 82.193.
3. The Secretary of State will determine relationships within the third degree of consanguinity or affinity pursuant to the following chart and instructions:
Consanguinity/Affinity Chart
Click here to view image.
INSTRUCTION:
For Consanguinity (relationship by blood) calculations:
Place the officers, directors, trustees or executive personnel for whom you need to establish relationships by consanguinity in the blank box. The labeled boxes will then list the relationship by title to the officers, directors, trustees or executive personnel and the degree of distance from the officers, directors, trustees or executive personnel.
Anyone in a box numbered 1, 2 or 3 is within the third degree of consanguinity.
For Affinity (relationship by marriage) calculations:
Place the spouse of the officers, directors, trustees or executive personnel for whom you need to establish relationships by affinity in the blank box. The labeled boxes will then list the relationship by title to the spouse and the degree of distance from the officers, directors, trustees or executive personnel by affinity.
A husband and wife are related in the first degree by marriage. For other relationships by marriage, the degree of relationship is the same as the degree of underlying relationship by blood.
Added to NAC by Sec'y of State by R147-13, eff. 3-28-2014
NRS 82.417
Nevada Administrative Code › Chapter 82 - Nonprofit Corporations › SOLICITATION OF CHARITABLE CONTRIBUTIONS › Section 82.210 - Registration with Secretary of State: Form; financial report

Current through June 11, 2024
1. The form prescribed by the Secretary of State pursuant to NRS 82.392 may offer a corporation the option of:
(a) Providing the Internet address of a website which may be accessed via the Nevada Business Search web page on the Internet website of the Secretary of State. The Internet address provided by the corporation must be:
(1) The official website of the corporation; and
(2) Kept active and maintained by the corporation.
Nevada Administrative Code › Chapter 82 - Nonprofit Corporations › SOLICITATION OF CHARITABLE CONTRIBUTIONS › Section 82.215 - Exemption from requirements for registration and filing

Current through June 11, 2024
1. A corporation which solicits or intends to solicit charitable contributions as defined in paragraph (b) of subsection 7 of NRS 82.392 may claim an exemption from the requirements of that section as they pertain to registration and filing if:
(a) The corporation:
(1) Meets the criteria to qualify as a religious organization pursuant to 26 U.S.C. §
											501(c) and any federal regulations relating thereto;
(2) Solicits a total of not more than 14 persons during each year for which the corporation files an annual list as required by subsection 3 of NRS 82.193; or
(3) Directs solicitations only to persons who are related within the third degree of consanguinity or affinity to the officers, directors, trustees or executive personnel of the corporation.
Nevada Administrative Code › Chapter 82 - Nonprofit Corporations › ANNUAL LIST › Section 82.300 - Definitions

Current through June 11, 2024
As used in NAC 82.300 to 82.380, inclusive, unless the context otherwise requires, the words and terms defined in NAC 82.310 and 82.320 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 82.523
Nevada Administrative Code › Chapter 82 - Nonprofit Corporations › ANNUAL LIST › Section 82.310 - "Alternative due date" defined

Current through June 11, 2024
"Alternative due date" means the date selected by a foreign nonprofit corporation pursuant to NAC 82.330 on which the list required by subsection 1 of NRS 82.523 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 82.523
Nevada Administrative Code › Chapter 82 - Nonprofit Corporations › ANNUAL LIST › Section 82.320 - "Due date" defined

Current through June 11, 2024
"Due date" means the date on which the list required by subsection 1 of NRS 82.523 must be filed with the Secretary of State each year as set forth in NRS 82.523.
Added to NAC by Sec'y of State by R078-13, eff. 12-23-2013
NRS 82.523
Nevada Administrative Code › Chapter 82 - Nonprofit Corporations › ANNUAL LIST › Section 82.330 - Selection of alternative due date for filing annual list: Form; contents

Current through June 11, 2024
1. A foreign nonprofit corporation may select the last day of a month other than the month in which the foreign nonprofit corporation's due date occurs as the alternative due date for filing the list required by subsection 1 of NRS 82.523 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 foreign nonprofit corporation;
(b) The business identification number assigned to the foreign nonprofit corporation by the Secretary of State;
(c) A statement that the foreign nonprofit corporation 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 foreign nonprofit corporation's knowledge;
(2) The selection of an alternative due date is not being made to avoid any fee or penalty; and
(3) The foreign nonprofit corporation 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 82 - Nonprofit Corporations › ANNUAL LIST › Section 82.340 - Selection of alternative due date by foreign nonprofit corporation in terminated status

Current through June 11, 2024
1. If a foreign nonprofit corporation is in terminated status, the foreign nonprofit corporation must have its right to transact business in this State restored before it may select an alternative due date pursuant to NAC 82.330.
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 foreign nonprofit corporation 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 82.523
Nevada Administrative Code › Chapter 82 - Nonprofit Corporations › ANNUAL LIST › Section 82.350 - Form for selection of alternative due date to be submitted with annual list; deadline for submission

Current through June 11, 2024
If a foreign nonprofit corporation is selecting an alternative due date pursuant to NAC 82.330, the foreign nonprofit corporation must submit the form for the selection of an alternative due date along with the list required pursuant to subsection 1 of NRS 82.523 on or before the last day of the month immediately preceding the month in which the foreign nonprofit corporation's due date occurs.
Added to NAC by Sec'y of State by R078-13, eff. 12-23-2013
NRS 82.523
Nevada Administrative Code › Chapter 82 - Nonprofit Corporations › ANNUAL LIST › Section 82.360 - 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 82.380, 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 82.523 that a foreign nonprofit corporation submits pursuant to NAC 82.350 if:
1. The form contains all the information required pursuant to NAC 82.330; and
2. The list satisfies all filing requirements set forth in NRS 82.523.
Added to NAC by Sec'y of State by R078-13, eff. 12-23-2013
NRS 82.523
Nevada Administrative Code › Chapter 82 - Nonprofit Corporations › ANNUAL LIST › Section 82.370 - Notice to registered agent of intent to select alternative due date

Current through June 11, 2024
A foreign nonprofit corporation 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 82.523
Nevada Administrative Code › Chapter 82 - Nonprofit Corporations › ANNUAL LIST › Section 82.380 - 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 foreign nonprofit corporation 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 82.523
Nevada Administrative Code › Chapter 82 - Nonprofit Corporations › FOREIGN NONPROFIT CORPORATIONS: PENALTY FOR FAILURE TO COMPLY WITH REQUIREMENTS FOR QUALIFICATION › Section 82.400 - 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 foreign nonprofit corporation has its principal place of business or the Attorney General, or both, for a determination of whether to institute proceedings to recover the fine set forth in NRS 82.5234 if the foreign nonprofit corporation:
(a) Is doing business in this State but has willfully failed to qualify to do business in this State in accordance with the laws of this State; or
(b) Is doing business in this State while the foreign nonprofit corporation is in terminated status.
Nevada Administrative Code › Chapter 82 - Nonprofit Corporations › FOREIGN NONPROFIT CORPORATIONS: PENALTY FOR FAILURE TO COMPLY WITH REQUIREMENTS FOR QUALIFICATION › Section 82.405 - Filing of complaints

Current through June 11, 2024
1. A person may report to the Secretary of State that a foreign nonprofit corporation may be subject to the fine set forth in NRS 82.5234 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 foreign nonprofit corporation alleged to be subject to the fine set forth in NRS 82.5234;
(d) Information identifying all persons involved in the alleged conduct subjecting the foreign nonprofit corporation to the fine set forth in NRS 82.5234, 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 foreign nonprofit corporation alleged to be subject to the fine set forth in NRS 82.5234;
(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.