1. Every foreign business trust transacting business in this State which willfully fails or neglects to register with the Secretary of State pursuant to the provisions of NRS 88A.710 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. Every foreign business trust transacting business in this State which fails or neglects to register with the Secretary of State pursuant to the provisions of NRS 88A.710 may not commence or maintain any action, suit or proceeding in any court of this State until it has registered with the Secretary of State.
3. The failure of a foreign business trust to register with the Secretary of State does not impair the validity of any contract or act of the foreign business trust or prevent the foreign business trust from defending any action, suit or proceeding in any court of this State.
4. When the Secretary of State is advised that 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 where the foreign business trust has its principal place of business or the Attorney General, or both, for a determination of whether to institute proceedings to recover the fine. The district attorney of the county where the foreign business trust has its principal place of business 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.
5. In the course of an investigation of a violation of this section, the Secretary of State may require a foreign business trust to answer any interrogatory submitted by the Secretary of State that will assist in the investigation.
6. A foreign business trust, by transacting business in this State without registering with the Secretary of State, appoints the Secretary of State as its agent for service of process with respect to causes of action arising out of the transaction of business in this State.
7. The Secretary of State may adopt regulations to administer the provisions of this section.
(Added to NRS by 1999, 1575; A 2009, 1713; 2013, 894)
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.