[Rev. 3/27/2014 6:34:22 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, R079-13

[NAC-77 Revised Date: 11-13]

CHAPTER 77 - MODEL REGISTERED AGENTS

77.005                Electronic filing of records.

77.010                Certain entities prohibited from being registered agent.

77.015                Registered agent required to maintain location for service of process, demand or notice.

77.020                Secretary of State authorized to demand information to investigate certain alleged violations.

77.025                Duties of Secretary of State and represented entities if person enjoined from serving as registered agent.

77.030                Registered agent or certain other persons prohibited from producing or directing production of written material, in printed or electronic form, which contains false or misleading information.

77.035                Registered agent or certain other persons prohibited from producing or directing production of written material, in printed or electronic form, which appears to be approved or produced by Secretary of State.

77.040                Registered agent or certain other persons prohibited from producing or directing production of written material, in printed or electronic form, without certain statement.

 

 

      NAC 77.005  Electronic filing of records. (NRS 77.290)

     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 77 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 77 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 77 of NRS.

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

      NAC 77.010  Certain entities prohibited from being registered agent. (NRS 77.430)  An entity may not be a registered agent if:

     1.  The entity’s right to transact business in this State has been revoked and not reinstated pursuant to the provisions of title 7 of NRS applicable to that type of entity; or

     2.  The entity is dissolved or otherwise not authorized to transact business in this State pursuant to the provisions of title 7 of NRS applicable to that type of entity.

     (Added to NAC by Sec’y of State by R067-11, eff. 5-30-2012)

      NAC 77.015  Registered agent required to maintain location for service of process, demand or notice. (NRS 77.430)

     1.  A registered agent shall maintain a location at which all legal process and any demand or notice authorized by law to be served on an entity represented by the registered agent may be served in the manner provided in NRS 14.020.

     2.  The location maintained by a registered agent pursuant to subsection 1 must:

     (a) Be an actual physical address in this State;

     (b) Be open during normal working hours;

     (c) Be staffed by at least one natural person who satisfies the requirements of paragraph (b) of subsection 3 of NRS 14.020; and

     (d) Have operations sufficient to allow for proper service of all legal process and any demand or notice authorized by law to be served upon an entity represented by the registered agent.

     3.  The location maintained by a registered agent pursuant to subsection 1 may not be a post office box, postal mail box, mail drop, mail forwarder or other mail service company, unless the proprietor of the post office box, postal mail box, mail drop, mail forwarder or other mail service company:

     (a) Is the registered agent or has entered into a contract with the registered agent to receive service of any legal process or any notice or demand required or authorized by law to be served on an entity represented by the registered agent; and

     (b) Complies with all laws and regulations of this State governing the service of legal process.

     4.  A registered agent shall post in a conspicuous place outside the location maintained by the registered agent pursuant to subsection 1 the hours during which the registered agent is available to receive service of all legal process and any demand or notice authorized by law to be served upon a represented entity.

     (Added to NAC by Sec’y of State by R067-11, eff. 5-30-2012)

      NAC 77.020  Secretary of State authorized to demand information to investigate certain alleged violations. (NRS 77.430)  If a registered agent is alleged to have violated a provision of NRS 77.400, 77.410 or 77.420 or a provision of NAC 77.015, the Secretary of State may demand any information which the Secretary of State deems necessary to investigate the allegation.

     (Added to NAC by Sec’y of State by R067-11, eff. 5-30-2012)

      NAC 77.025  Duties of Secretary of State and represented entities if person enjoined from serving as registered agent. (NRS 77.430)  If a person is enjoined from serving as a registered agent pursuant to NRS 77.430, the Secretary of State will:

     1.  Send to the address of record of each entity for which the person is listed as the registered agent in the records of the Secretary of State written notification that the person is enjoined from serving as a registered agent.

     2.  Require each represented entity to which a written notification is sent pursuant to subsection 1 to submit a statement of change of registered agent pursuant to NRS 77.340 not later than 30 days after receiving the notification. If a represented entity fails to appoint a registered agent within that period, the Secretary of State may deem the represented entity to be in default and subject to the provisions of title 7 of NRS governing entities deemed to be in default.

     (Added to NAC by Sec’y of State by R067-11, eff. 5-30-2012)

      NAC 77.030  Registered agent or certain other persons prohibited from producing or directing production of written material, in printed or electronic form, which contains false or misleading information. (NRS 77.430)  A registered agent or other person who holds himself or herself out as being willing to serve as the registered agent of an entity shall not produce or direct the production of any correspondence, publication, website or other written material, whether in printed or electronic form, which:

     1.  Is intended to deceive or defraud the public or promote an illegal activity.

     2.  Contains false or misleading statements concerning the requirements for filing documents with the Secretary of State pursuant to title 7 of NRS, including, without limitation, a statement which falsely implies or states that a fee, action or filing is necessary.

     3.  Except as otherwise provided in this subsection, solicits the hiring of the registered agent or other person as the registered agent of an entity and contains the image of the Great Seal of the State of Nevada. This subsection does not prohibit a registered agent or any other person who holds himself or herself out as being willing to serve as the registered agent of an entity from producing or directing the production of the official forms and correspondence which are prepared by the Secretary of State and which accompany correspondence from the registered agent or person to a represented entity.

     4.  Changes the registered agent of an entity unless the correspondence, publication, website or other written material prominently displays a written statement disclosing that effect.

     (Added to NAC by Sec’y of State by R067-11, eff. 5-30-2012)

      NAC 77.035  Registered agent or certain other persons prohibited from producing or directing production of written material, in printed or electronic form, which appears to be approved or produced by Secretary of State. (NRS 77.430)  A registered agent shall not produce or direct the production of any correspondence, publication, website or other written material, whether in printed or electronic form, which:

     1.  Solicits the hiring of the registered agent to assist a person with the formation of an entity, a change of registered agent or any other action requiring the filing of a document with the Secretary of State pursuant to title 7 of NRS; and

     2.  Is designed in such a manner that the correspondence, publication, website or other written material, or the information presented therein, appears to be endorsed by, sponsored by, approved by or otherwise an official product of the Office of the Secretary of State.

     (Added to NAC by Sec’y of State by R067-11, eff. 5-30-2012)

      NAC 77.040  Registered agent or certain other persons prohibited from producing or directing production of written material, in printed or electronic form, without certain statement. (NRS 77.430)

     1.  Except as otherwise provided in subsection 2, a registered agent or other person who holds himself or herself out as willing to serve as the registered agent of an entity in Nevada shall not produce or direct the production of any correspondence, publication, website or other written material, whether in printed or electronic form, which mentions the State of Nevada by name and in which the registered agent or other person advertises its willingness to act as the registered agent of an entity in Nevada in exchange for a fee unless the correspondence, publication, website or other written material prominently displays the following statement:

 

This is a third-party solicitation and is NOT official correspondence from the Office of the Nevada Secretary of State. You are under no legal obligation to respond to this correspondence.

 

     2.  The provisions of subsection 1 do not apply to any communication between a registered agent and an entity for which the registered agent is serving as registered agent.

     (Added to NAC by Sec’y of State by R067-11, eff. 5-30-2012)