Nevada Revised Statutes
Chapter 88A - Business Trusts
NRS 88A.737 - Defaulting trusts: Conditions and procedure for reinstatement.


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

Nevada Revised Statutes

Chapter 88A - Business Trusts

NRS 88A.010 - Definitions.

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.160 - Applicability of laws pertaining to trusts; principle of freedom of contract and enforceability of governing instruments.

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.215 - Penalty for purporting to do business as business trust without filing certificate of trust; enforcement; regulations.

NRS 88A.220 - Amendment and restatement of certificate of trust.

NRS 88A.230 - Name of trust: Distinguishable name required; availability of name of revoked, merged or otherwise terminated trust; regulations.

NRS 88A.240 - Name of trust: Reservation; injunctive relief.

NRS 88A.250 - Certificate of amendment, restatement or cancellation and articles of merger: Filing and effectiveness of certificates and articles.

NRS 88A.260 - Perpetual existence of trust; artificial person formed pursuant to other laws who is beneficial owner or trustee; inapplicability of certain laws.

NRS 88A.270 - Governing instrument: Optional provisions.

NRS 88A.280 - Governing instrument: Optional provisions relating to management of trust and rights, duties and obligations of trustees, beneficial owners and other persons.

NRS 88A.300 - General powers.

NRS 88A.310 - Management of business and affairs by trustees; giving directions to trustees.

NRS 88A.320 - Ownership of beneficial interest in trust: Participation in profits and losses; creditor of beneficial owner; personal property; evidence of interest; transferability; distributions.

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.345 - Information concerning records; requirement to assist in criminal investigation; failure to comply; regulations.

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.370 - Duties and liabilities of officer, employee, manager or other person acting pursuant to certificate of trust or governing instrument.

NRS 88A.380 - Enforceability of debts, liabilities, obligations and expenses against assets of series of trustees, beneficial owners or beneficial interests.

NRS 88A.390 - Liability of beneficial owner, trustee, officer, agent, manager or employee for debts or liabilities of trust.

NRS 88A.400 - Indemnification of trustee, beneficial owner or other person.

NRS 88A.410 - Derivative actions: Authority of beneficial owner to bring action; qualifications of plaintiff; pleading; expenses.

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.530 - Resignation of registered agent or termination of registration of commercial registered agent.

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.640 - Defaulting trusts: Duties of Secretary of State; forfeiture of right to transact business; assets held in trust.

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.665 - Cancellation of revoked certificate of trust without additional fees and penalties; regulations.

NRS 88A.700 - Laws governing organization, internal affairs and liability of beneficial owners, trustees, officers, employees and managers.

NRS 88A.710 - Filing requirements; required provisions of application for registration; prohibition against registration for certain illegal purposes.

NRS 88A.720 - Issuance of certificate of registration by Secretary of State.

NRS 88A.730 - Registration of name.

NRS 88A.732 - Annual list: Filing requirements; fees; powers and duties of Secretary of State; regulations.

NRS 88A.733 - Certificate of authorization to transact business.

NRS 88A.734 - Addresses of trustees required; failure to file.

NRS 88A.7345 - List or statement to be maintained at principal place of business or with custodian of records; requirement to assist in criminal investigation; failure to comply; regulations.

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.739 - Cancellation of revoked registration without additional fees and penalties; regulations.

NRS 88A.740 - Cancellation of registration.

NRS 88A.745 - Renewal or revival of right to transact business: Procedure; fee; certificate as evidence; status of trust.

NRS 88A.750 - Penalty for transacting business without registration; enforcement; regulations.

NRS 88A.890 - Form required for filing of records.

NRS 88A.900 - Fees.

NRS 88A.910 - Manner in which record may be filed.

NRS 88A.920 - Procedure to submit replacement page to Secretary of State before actual filing of record.

NRS 88A.930 - Correction of inaccurate or defective record filed with Secretary of State; cancellation of filings.

NRS 88A.935 - Manner of storage of records; conversion of electronic records into clear and legible paper form; admissibility in evidence of electronic records.

NRS 88A.940 - Secretary of State authorized to adopt certain regulations to allow business trust to carry out powers and duties through most recent technology.

NRS 88A.950 - Renewal or revival of certificate: Procedure; fee; certificate as evidence; status of trust.