1. Except as otherwise provided in subsections 3 and 4 and NRS 88A.7345, the Secretary of State shall reinstate a foreign business trust which has forfeited or which forfeits its right to transact business under the provisions of this chapter and shall restore to the foreign business trust its right to transact business in this State, and to exercise its privileges and immunities, if it:
(a) Files with the Secretary of State:
(1) The list required by NRS 88A.732;
(2) The information required pursuant to NRS 77.310; and
(3) A declaration under penalty of perjury, on a form provided by the Secretary of State, that the reinstatement is authorized by a court of competent jurisdiction in this State or by the duly selected trustees of the foreign business trust; and
(b) Except as otherwise provided in NRS 231.14057, pays to the Secretary of State:
(1) The filing fee and penalty set forth in NRS 88A.732 and 88A.735 for each year or portion thereof that its right to transact business was forfeited; and
(2) A fee of $300 for reinstatement.
2. When the Secretary of State reinstates the foreign business trust, the Secretary of State shall issue to the foreign business trust a certificate of reinstatement if the foreign business trust:
(a) Requests a certificate of reinstatement; and
(b) Pays the required fees pursuant to NRS 88A.900.
3. Except as otherwise provided in NRS 231.14057, the Secretary of State shall not order a reinstatement unless all delinquent fees and penalties have been paid and the revocation of the right to transact business occurred only by reason of failure to pay the fees and penalties.
4. If the right of a foreign business trust to transact business in this State has been forfeited pursuant to the provisions of this chapter and has remained forfeited for a period of 5 consecutive years, the right to transact business must not be reinstated.
5. Except as otherwise provided in NRS 88A.738, a reinstatement pursuant to this section relates back to the date the foreign business trust forfeited its right to transact business under the provisions of this chapter and reinstates the foreign business trust’s right to transact business as if such right had at all times remained in full force and effect.
(Added to NRS by 2003, 20th Special Session, 104; A 2007, 1334, 2432, 2700; 2013, 894; 2019, 928)
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.