1. One or more persons may create a business trust by adopting a governing instrument and signing and filing with the Secretary of State a certificate of trust. The certificate of trust must set forth:
(a) The name of the business trust;
(b) The name and address, either residence or business, of at least one trustee;
(c) The information required pursuant to NRS 77.310;
(d) The name and address, either residence or business, of each person signing the certificate of trust; and
(e) Any other information the trustees determine to include.
2. Upon the filing of the certificate of trust with the Secretary of State and the payment to the Secretary of State of the required filing fee, the Secretary of State shall issue to the business trust a certificate that the required records with the required content have been filed. From the date of that filing, the business trust is legally formed pursuant to this chapter.
3. Except as otherwise provided in the governing instrument, a business trust organized on or after October 1, 2011, is deemed to be an entity separate from its trustee or trustees and beneficial owner. Except as otherwise provided in the governing instrument, a business trust may hold or take title to property in its own name, or in the name of a trustee in the trustee’s capacity as trustee, whether in an active, passive or custodial capacity. The provisions of this subsection do not change the status of any business trust existing as an entity or aggregation before October 1, 2011.
4. Neither the use of the designation "business trust" nor a statement in a governing instrument or certificate of trust to the effect that the trust formed thereby is or will qualify as a business trust under this chapter creates a presumption or inference that the trust so formed is a business trust for the purposes of Title 11 of the United States Code.
(Added to NRS by 1999, 1562; A 2003, 3156; 2005, 2268; 2007, 2695; 2011, 2809)
Structure Nevada Revised Statutes
NRS 88A.020 - "Beneficial owner" defined.
NRS 88A.030 - "Business trust" defined.
NRS 88A.040 - "Foreign business trust" defined.
NRS 88A.050 - "Governing instrument" defined.
NRS 88A.057 - Registered agent" defined.
NRS 88A.060 - "Registered office" defined.
NRS 88A.110 - "Trustee" defined.
NRS 88A.150 - Applicability of chapter to foreign and interstate commerce.
NRS 88A.170 - Provisions of chapter may be altered or repealed.
NRS 88A.200 - Purpose; prohibition against formation of business trust for certain illegal purposes.
NRS 88A.210 - Filing requirements; required and optional provisions of certificate of trust.
NRS 88A.220 - Amendment and restatement of certificate of trust.
NRS 88A.240 - Name of trust: Reservation; injunctive relief.
NRS 88A.270 - Governing instrument: Optional provisions.
NRS 88A.310 - Management of business and affairs by trustees; giving directions to trustees.
NRS 88A.330 - Beneficial owners: Contributions to trust; obligations; penalties.
NRS 88A.340 - Maintenance of records at principal office in State or with custodian of records.
NRS 88A.350 - Right of beneficial owners to inspect and copy ledger; denial of inspection.
NRS 88A.360 - Duties and liabilities of trustee.
NRS 88A.400 - Indemnification of trustee, beneficial owner or other person.
NRS 88A.420 - Cancellation of certificate of trust upon termination of trust.
NRS 88A.500 - Requirement; address; penalty for noncompliance.
NRS 88A.520 - Powers; service of process, demand or notice.
NRS 88A.600 - Filing requirements; fee; notice; regulations.
NRS 88A.610 - Certificate of authorization to transact business.
NRS 88A.620 - Addresses of trustees required; failure to file.
NRS 88A.630 - Defaulting trusts: Identification; penalty.
NRS 88A.650 - Defaulting trusts: Conditions and procedure for reinstatement.
NRS 88A.660 - Defaulting trusts: Reinstatement or revival under old or new name.
NRS 88A.720 - Issuance of certificate of registration by Secretary of State.
NRS 88A.730 - Registration of name.
NRS 88A.733 - Certificate of authorization to transact business.
NRS 88A.734 - Addresses of trustees required; failure to file.
NRS 88A.735 - Defaulting trusts: Identification; forfeiture of right to transact business; penalty.
NRS 88A.736 - Defaulting trusts: Duties of Secretary of State.
NRS 88A.737 - Defaulting trusts: Conditions and procedure for reinstatement.
NRS 88A.738 - Defaulting trusts: Reinstatement or revival under old or new name; regulations.
NRS 88A.740 - Cancellation of registration.
NRS 88A.750 - Penalty for transacting business without registration; enforcement; regulations.
NRS 88A.890 - Form required for filing of records.