[Rev. 3/27/2014 6:34:29 PM]

 

This chapter of NAC has changes which have been adopted but have not been codified; you can see those changes by viewing the following regulation(s) on the Nevada Register of Administrative Regulations: R077-13, R078-13, R080-13

[NAC-78 Revised Date: 11-13]

CHAPTER 78 - PRIVATE CORPORATIONS

GENERAL PROVISIONS

78.005                Electronic filing of records.

NAME OF CORPORATION

78.010                Considerations in determining whether proposed name of corporation is distinguishable from name of existing business entity.

78.020                Distinguishing proposed name from name of existing business entity: Use of certain words or abbreviations following main body of name.

78.030                Distinguishing proposed name from name of existing business entity: Addition, omission or substitution of distinctive lettering or typeface, spaces, capitalized letters, punctuation marks, symbols or signs.

78.040                Distinguishing proposed name from name of existing business entity: Use of articles.

78.050                Distinguishing proposed name from name of existing business entity: Differences in spelling.

78.060                Distinguishing proposed name from name of existing business entity: Words from foreign languages and English language with same meaning or similar spelling.

78.070                Distinguishing proposed name from name of existing business entity: Variations in beginning or ending of root words.

78.080                Distinguishing proposed name from name of existing business entity: Use of prepositions.

78.090                Distinguishing proposed name from name of existing business entity: Use of abbreviated or unabbreviated words.

78.100                Distinguishing proposed name from name of existing business entity: Use of numerals or words representing numbers.

REGISTERED AGENT LIST

78.200                Definitions.

78.205                “Entity” defined.

78.210                “Registered agent” defined.

78.215                “Registered Agent List” defined.

78.250                Requirements for registration; expiration.

78.255                Amendment of information on List.

78.260                Withdrawal from List.

78.265                Expedited service.

78.270                Duties of Secretary of State.

78.275                Removal from or refusal to include certain corporations on List.

PENALTY FOR PURPORTING TO DO BUSINESS WITHOUT FILING ARTICLES OF INCORPORATION

78.400                Activities subject to fine.

78.405                Filing of complaints.

78.410                Duties of Secretary of State upon receipt of complaint.

78.415                Determination regarding sufficiency of complaint by Secretary of State: Notice of deficiencies; demand for response; referral for legal proceedings.

 

GENERAL PROVISIONS

      NAC 78.005  Electronic filing of records. (NRS 78.026)

     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 78 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 78 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.

     3.  The Secretary of State may reject a record filed with the Secretary of State through the use of an electronic process developed or approved by the Secretary of State if:

     (a) The statutory requirements for filing the record have not been satisfied;

     (b) The appropriate fee has not been submitted;

     (c) The information contained in the record has been corrupted in any manner; or

     (d) The record contains a virus or may otherwise compromise the security of the electronic process.

     4.  Failure by the Secretary of State to receive a record filed through the use of an electronic process does not relieve the person who attempted to file the record from any requirement to file the record, pay the appropriate fee or incur an applicable penalty.

     5.  As used in this section:

     (a) “Electronic filing” means the submission of records to the Secretary of State by an electronic process and the processing of such records by the Secretary of State by an electronic process.

     (b) “Electronic process” means any electronic process for the electronic filing of records authorized or required to be filed with the Secretary of State pursuant to chapter 78 of NRS.

     (Added to NAC by Sec’y of State by R068-11, eff. 12-30-2011)

NAME OF CORPORATION

      NAC 78.010  Considerations in determining whether proposed name of corporation is distinguishable from name of existing business entity. (NRS 78.039, 78.185)  To determine whether a proposed name of a 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)

      NAC 78.020  Distinguishing proposed name from name of existing business entity: Use of certain words or abbreviations following main body of name. (NRS 78.039, 78.185)

     1.  If one or more of the following words or abbreviations follow the main body of the proposed name of a corporation, such words or abbreviations shall be deemed not to be part of the proposed name for the purposes of determining whether the proposed name is distinguishable from the name of an existing business entity:

     (a) Business Trust, B.T. or BT;

     (b) Chartered or Chtd.;

     (c) Company or Co.;

     (d) Corporation or Corp.;

     (e) Incorporated, Incorp. or Inc.;

     (f) Limited or Ltd.;

     (g) L.C. or LC;

     (h) Limited-Liability Company, L.L.C. or LLC;

     (i) Limited-Liability Limited Partnership, L.L.L.P. or LLLP;

     (j) Limited-Liability Partnership, L.L.P. or LLP;

     (k) Limited Partnership, L.P. or LP; and

     (l) Professional Corporation, Professional Corp., Prof. Corp., P.C. or PC.

     2.  If one or more of the following words follow the main body of the proposed name of a corporation, such words shall be deemed to be part of the proposed name for the purposes of determining whether the proposed name is distinguishable from the name of an existing business entity:

     (a) And Associates;

     (b) Association;

     (c) Casino;

     (d) Club;

     (e) Consortium;

     (f) Enterprise or Enterprises;

     (g) Family;

     (h) Foundation;

     (i) Group;

     (j) Hotel;

     (k) Motel;

     (l) Organization;

     (m) Partners;

     (n) Resort; and

     (o) Unlimited.

     (Added to NAC by Sec’y of State by R098-00, eff. 9-25-2000; A by R069-11, 12-30-2011)

      NAC 78.030  Distinguishing proposed name from name of existing business entity: Addition, omission or substitution of distinctive lettering or typeface, spaces, capitalized letters, punctuation marks, symbols or signs. (NRS 78.039, 78.185)

     1.  The addition or omission of distinctive lettering or typeface, a space, a capitalized letter, a symbol, a sign, a punctuation mark or any other mark does not make the proposed name of a corporation distinguishable from the name of an existing business entity. For example:

     (a) “ABC, Inc.” is not distinguishable from “A.B.C., Inc.”;

     (b) “Intellico” is not distinguishable from “Intelli, Co.”;

     (c) “Motor-Mouth” is not distinguishable from “Motor Mouth”; and

     (d) “Nevada.com, Inc.” is not distinguishable from “Nevada Com, Inc.”

     2.  The substitution of distinctive lettering or typeface, a space, a capitalized letter, a symbol, a sign, a punctuation mark or any other mark for a word does not make the proposed name of a corporation distinguishable from the name of an existing business entity. For example:

     (a) “A-plus” is not distinguishable from “A+”;

     (b) “Frustrated, Inc.” is not distinguishable from “Frustrated, Inc.”;

     (c) “Jones & Jones” is not distinguishable from “Jones and Jones”; and

     (d) “Marketing Ahead” is not distinguishable from “marketing ahead.”

     3.  For the purposes of this section:

     (a) “Distinctive lettering or typeface” includes, without limitation, underscoring, italics, boldface, different font styles and different font sizes;

     (b) “Punctuation mark” includes, without limitation, a comma, a semicolon, a colon, a dash, a period, an exclamation point, a question mark, an apostrophe, single quotation marks, double quotation marks, parentheses, braces, brackets and any other similar mark; and

     (c) “Symbol” or “sign” includes, without limitation, #, $, %, ^, &, *, ~, <, >, +, -, =, _, / and \, and any other similar symbol or sign.

     (Added to NAC by Sec’y of State by R098-00, eff. 9-25-2000)

      NAC 78.040  Distinguishing proposed name from name of existing business entity: Use of articles. (NRS 78.039, 78.185)  The addition or omission of a definite or an indefinite article, such as “the,” “a” or “an,” does not make the proposed name of a corporation distinguishable from the name of an existing business entity. For example:

     1.  “A Clear View, Inc.” is not distinguishable from “Clearview, Inc.”; and

     2.  “The Action Co.” is not distinguishable from “Action Co.”

     (Added to NAC by Sec’y of State by R098-00, eff. 9-25-2000)

      NAC 78.050  Distinguishing proposed name from name of existing business entity: Differences in spelling. (NRS 78.039, 78.185)  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)

      NAC 78.060  Distinguishing proposed name from name of existing business entity: Words from foreign languages and English language with same meaning or similar spelling. (NRS 78.039, 78.185)  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)

      NAC 78.070  Distinguishing proposed name from name of existing business entity: Variations in beginning or ending of root words. (NRS 78.039, 78.185)  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)

      NAC 78.080  Distinguishing proposed name from name of existing business entity: Use of prepositions. (NRS 78.039, 78.185)  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)

      NAC 78.090  Distinguishing proposed name from name of existing business entity: Use of abbreviated or unabbreviated words. (NRS 78.039, 78.185)  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)

      NAC 78.100  Distinguishing proposed name from name of existing business entity: Use of numerals or words representing numbers. (NRS 78.039, 78.185)  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)

REGISTERED AGENT LIST

      NAC 78.200  Definitions. (NRS 78.795)  As used in NAC 78.200 to 78.275, inclusive, unless the context otherwise requires, the words and terms defined in NAC 78.205, 78.210 and 78.215 have the meanings ascribed to them in those sections.

     (Added to NAC by Sec’y of State by R071-11, eff. 12-30-2011)

      NAC 78.205  “Entity” defined. (NRS 78.795)  “Entity” has the meaning ascribed to it in NRS 77.060.

     (Added to NAC by Sec’y of State by R071-11, eff. 12-30-2011)

      NAC 78.210  “Registered agent” defined. (NRS 78.795)  “Registered agent” has the meaning ascribed to it in NRS 77.230.

     (Added to NAC by Sec’y of State by R071-11, eff. 12-30-2011)

      NAC 78.215  “Registered Agent List” defined. (NRS 78.795)  “Registered Agent List” means the list of natural persons and corporations residing or located in this State that have registered a willingness to serve as the registered agent of an entity pursuant to NRS 78.795.

     (Added to NAC by Sec’y of State by R071-11, eff. 12-30-2011)

      NAC 78.250  Requirements for registration; expiration. (NRS 78.795)

     1.  To be included on the Registered Agent List for a calendar year pursuant to NRS 78.795, a natural person or corporation must submit to the Secretary of State:

     (a) The registration form prescribed by the Secretary of State; and

     (b) The fee required by subsection 1 of NRS 78.795.

     2.  The Secretary of State may reject a registration form submitted pursuant to subsection 1 if the form is incomplete.

     3.  Except as otherwise provided in NAC 78.275, a natural person or corporation which submits the registration form and fee described in subsection 1:

     (a) Between December 1 and December 31 will be included on the Registered Agent List compiled and published by the Secretary of State for the following calendar year pursuant to subsection 1 of NAC 78.270. The registration will expire on December 31 of the year following the year in which the registration form and fee were submitted.

     (b) At any time other than between December 1 and December 31 will be included on the Registered Agent List for that calendar year as updated by the Secretary of State pursuant to subsection 2 of NAC 78.270. The registration will expire on December 31 of the year in which the registration form and fee were submitted, and the fee will not be prorated.

     (Added to NAC by Sec’y of State by R071-11, eff. 12-30-2011)

      NAC 78.255  Amendment of information on List. (NRS 78.795)

     1.  A natural person or corporation included on the Registered Agent List may amend any information listed for that natural person or corporation by submitting to the Secretary of State:

     (a) The amendment form prescribed by the Secretary of State; and

     (b) The fee required pursuant to subsection 3 of NRS 78.795.

     2.  The Secretary of State may reject an amendment form submitted pursuant to subsection 1 if the form is incomplete.

     3.  As soon as reasonably practicable after receiving an amendment form and the fee required pursuant to subsection 3 of NRS 78.795, the Secretary of State will update the Registered Agent List to reflect the requested amendment.

     (Added to NAC by Sec’y of State by R071-11, eff. 12-30-2011)

      NAC 78.260  Withdrawal from List. (NRS 78.795)

     1.  A natural person or corporation included on the Registered Agent List may withdraw from the Registered Agent List at any time by submitting to the Secretary of State a request to be withdrawn from the Registered Agent List.

     2.  If a natural person or corporation submits a request to be withdrawn from the Registered Agent List, the Secretary of State will not refund any portion of any fee paid by the person to be included on the Registered Agent List.

     3.  As soon as reasonably practicable after receiving a request to be withdrawn from the Registered Agent List, the Secretary of State will remove the natural person or corporation submitting the request from the Registered Agent List.

     (Added to NAC by Sec’y of State by R071-11, eff. 12-30-2011)

      NAC 78.265  Expedited service. (NRS 78.795)  A natural person or corporation submitting a form or request pursuant to NAC 78.250, 78.255 or 78.260 may request expedited service from the Secretary of State by:

     1.  Requesting expedited service in the same manner as expedited service is requested for other documents filed with the Secretary of State; and

     2.  Paying the applicable fee prescribed by paragraph (d) of subsection 2 of NRS 225.140.

     (Added to NAC by Sec’y of State by R071-11, eff. 12-30-2011)

      NAC 78.270  Duties of Secretary of State. (NRS 78.795)

     1.  On or before February 1 of each year, the Secretary of State will compile and publish the Registered Agent List for that calendar year.

     2.  The Secretary of State will update the Registered Agent List as soon as reasonably practicable after:

     (a) Receiving a registration of a willingness to serve as the registered agent of an entity pursuant to NAC 78.250 at any time other than between December 1 and December 31;

     (b) Receiving an amendment form pursuant to NAC 78.255;

     (c) Receiving a request to be withdrawn from the Registered Agent List pursuant to NAC 78.260; or

     (d) Removing a natural person or corporation from the Registered Agent List pursuant to NAC 78.275.

     3.  The Secretary of State will list in alphabetical order the name of each natural person and corporation included on the Registered Agent List. If a symbol or numeral is used in place of a word that represents the symbol or number, the spelling of the meaning of the symbol or numeral will be used to alphabetize the Registered Agent List. Punctuation will not be considered in determining the alphabetical order of the Registered Agent List.

     4.  The Secretary of State will:

     (a) Make the Registered Agent List available in electronic form on the Secretary of State’s website.

     (b) Upon request, provide a printed version of the Registered Agent List. The Secretary of State will charge a fee to a person who requests a printed version of the Registered Agent List to cover the cost of providing the printed version of the Registered Agent List.

     (Added to NAC by Sec’y of State by R071-11, eff. 12-30-2011)

      NAC 78.275  Removal from or refusal to include certain corporations on List. (NRS 78.795)

     1.  If a corporation:

     (a) Submits to the Secretary of State a registration form pursuant to NAC 78.250 or is included on the Registered Agent List; and

     (b) Is not in good standing with the Secretary of State,

Ê the Secretary of State will provide to the corporation a written notification stating the reason that the corporation is not in good standing with the Secretary of State and that the Secretary of State will refuse to include the corporation on the Registered Agent List or will remove the corporation from the Registered Agent List unless the corporation corrects any deficiencies necessary to come into good standing with the Secretary of State.

     2.  If a corporation does not come into good standing with the Secretary of State after receiving a written notification pursuant to subsection 1, the Secretary of State will:

     (a) Refuse to include the corporation on the Registered Agent List or remove the corporation from the Registered Agent List, whichever is applicable; and

     (b) Notify the corporation of the action taken by the Secretary of State.

     (Added to NAC by Sec’y of State by R071-11, eff. 12-30-2011)

PENALTY FOR PURPORTING TO DO BUSINESS WITHOUT FILING ARTICLES OF INCORPORATION

      NAC 78.400  Activities subject to fine. (NRS 78.047)

     1.  The Secretary of State may instruct the district attorney of the county in which a person’s principal place of business is located or the Attorney General, or both, 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.

     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” or “withdrawn.”

     (Added to NAC by Sec’y of State by R070-11, eff. 5-30-2012)

      NAC 78.405  Filing of complaints. (NRS 78.047)

     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.

     (Added to NAC by Sec’y of State by R070-11, eff. 5-30-2012)

      NAC 78.410  Duties of Secretary of State upon receipt of complaint. (NRS 78.047)

     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.

     2.  The Secretary of State may refer the information obtained in a complaint filed pursuant to NAC 78.405 and any information obtained by the Secretary of State through an investigation of the complaint to another regulatory or enforcement agency of this State, a political subdivision of this State, another state or the Federal Government.

     3.  The Secretary of State may request that the complainant or the person alleged to be subject to the fine set forth in NRS 78.047 provide any information deemed necessary by the Secretary of State to assist in the investigation of the allegations made in the complaint.

     (Added to NAC by Sec’y of State by R070-11, eff. 5-30-2012)

      NAC 78.415  Determination regarding sufficiency of complaint by Secretary of State: Notice of deficiencies; demand for response; referral for legal proceedings. (NRS 78.047)

     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.

     4.  If, based on the information submitted with a complaint, any information obtained during an investigation of the complaint and any information included in a response demanded pursuant to subsection 2, the Secretary of State determines that a person is subject to the fine set forth in NRS 78.047, the Secretary of State may demand that the person file any document required to bring the person into compliance with chapter 78 of NRS and pay any fee, penalty or fine required by the laws of this State.

     5.  If, in response to the demand of the Secretary of State pursuant to subsection 4, the person does not file a document required to bring the person into compliance with chapter 78 of NRS or pay any fee, penalty or fine required by the laws of this State, the Secretary of State may refer the matter to the district attorney of the county in which the person’s principal place of business is located or the Attorney General, or both, and request that the district attorney or Attorney General institute legal proceedings to require the person to file any document required to bring the person into compliance with chapter 78 of NRS and to pay any fee, penalty or fine required by the laws of this State.

     6.  The Secretary of State may communicate any findings made or actions taken in response to a complaint or the investigation of a complaint to:

     (a) The complainant at the address provided on the complaint form; and

     (b) The person who is alleged to be subject to the fine set forth in NRS 78.047 at the last known address of the person or through the person’s registered agent of record.

     (Added to NAC by Sec’y of State by R070-11, eff. 5-30-2012)