1. Every person, other than a foreign business trust, who is purporting to do business in this State as a business trust and who willfully fails or neglects to file with the Secretary of State a certificate of trust is subject to a fine of not less than $1,000 but not more than $10,000, to be recovered in a court of competent jurisdiction.
2. When the Secretary of State is advised that a person, other than a foreign business trust, is subject to the fine described in subsection 1, the Secretary of State may, as soon as practicable, 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, for a determination of whether to institute proceedings to recover the fine. The district attorney of the county in which the person’s principal place of business is located or the Attorney General may institute and prosecute the appropriate proceedings to recover the fine. If the district attorney or the Attorney General prevails in a proceeding to recover the fine described in subsection 1, the district attorney or the Attorney General is entitled to recover the costs of the proceeding, including, without limitation, the cost of any investigation and reasonable attorney’s fees.
3. In the course of an investigation of a violation of this section, the Secretary of State may require a person to answer any interrogatory submitted by the Secretary of State that will assist in the investigation.
4. The Secretary of State may adopt regulations to administer the provisions of this section.
(Added to NRS by 2009, 1713; A 2013, 889)
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NRS 88A.170 - Provisions of chapter may be altered or repealed.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.