Nac: Chapter 225 - Secretary Of State

Link to law: http://www.leg.state.nv.us/nac/NAC-225.html
Published: 2015

[Rev. 11/21/2013 3:53:40

PM--2013]



[NAC-225 Revised Date: 11-13]

CHAPTER 225 - SECRETARY OF STATE

FEES

225.010            Services for which advance fees may

be deposited.

RETURNED CHECKS

225.015            “Returned check or other negotiable

instrument” defined.

225.0153          Reversal or cancellation of filing

associated with returned check.

225.0155          Fees relating to returned checks.

225.0157          Secretary of State authorized to

refuse to accept filing or to require payment in cash or by credit card under

certain circumstances.

FILING OF COMPLAINTS

225.020            Definitions.

225.030            “Aggrieved person” defined.

225.040            “Person” defined.

225.050            “Record” defined.

225.060            Actions subject to complaint.

225.070            Application for relief: Submittal;

form; contents.

225.080            Review of complaint; applicability.

225.090            Referral to other entities.

225.100            Deficiencies in complaint.

225.110            Additional information required to

determine validity.

225.120            Demand for information to

substantiate accuracy; response; contents; evaluation; communication of

findings.

225.130            Filing officer statement: Contents;

signature.

CARE, CUSTODY AND CONTROL OF RECORDS

225.200            When record deemed filed in

compliance with due date.

225.210            Acceptance of record for filing;

refusal of record.

 

 

 

FEES

      NAC 225.010  Services for which advance fees may be deposited. (NRS 225.165)  The

services of the Secretary of State for which advance fees may be deposited with

the State Treasurer and paid for upon provision of the service are:

     1.  Copying documents;

     2.  Certifying to copies of documents;

     3.  Issuing documents, including

certificates;

     4.  Providing information on filings under

the Uniform Commercial Code;

     5.  Providing expedited service pursuant to NRS 225.140;

     6.  Providing information which is generated

by a computer;

     7.  Research; and

     8.  Filing and indexing liens.

     (Added to NAC by Sec’y of State, eff. 12-11-89)

RETURNED CHECKS

      NAC 225.015  “Returned check or other negotiable instrument” defined. (NRS 225.140)  As used

in NAC 225.015 to 225.0157,

inclusive, unless the context otherwise requires, “returned check or other

negotiable instrument” means a check or other negotiable instrument returned to

the Office of the Secretary of State because the person had insufficient money

or credit with the drawee to pay the check or other instrument or because the

person stopped payment on the check or other instrument.

     (Added to NAC by Sec’y of State by R074-11, eff. 5-30-2012)

      NAC 225.0153  Reversal or cancellation of filing associated with returned

check. (NRS

225.140)

     1.  The Secretary of State may reverse or

cancel any filing associated with a returned check or negotiable instrument if

the person who submitted the check or other negotiable instrument which was

returned to the Office of the Secretary of State does not:

     (a) Notify the Secretary of State that the person

intends to pay all fees and penalties required by statute and NAC 225.015 to 225.0157,

inclusive, for a returned check or negotiable instrument; and

     (b) Pay all fees and penalties required by law for

a returned check or negotiable instrument.

     2.  If the Secretary of State reverses or

cancels a filing associated with a returned check or negotiable instrument, the

filing is deemed to have never been filed with the Secretary of State. The

Secretary of State may cancel any subsequent filing that depends upon or

references the reversed or cancelled filing.

     3.  If the Secretary of State reverses or

cancels any filing associated with a returned check or negotiable instrument,

any certificate fee, certified copy fee, copy fee or expedite fee associated

with the reversed or cancelled filing remains due to the Secretary of State.

     4.  As used in this section:

     (a) “Certificate fee” means a fee required by title

7 of NRS for providing a certificate of good standing or other similar

certificate concerning the status of an entity on file with the Secretary of

State.

     (b) “Certified copy fee” means a fee required by

title 7 of NRS for certifying a copy of a document on file with the Secretary

of State.

     (c) “Copy fee” means a fee required by title 7 of

NRS for a copy of a document on file with the Secretary of State.

     (d) “Expedite fee” means the fee which the

Secretary of State may charge pursuant to paragraph (d) of subsection 2 of NRS 225.140.

     (Added to NAC by Sec’y of State by R074-11, eff. 5-30-2012)

      NAC 225.0155  Fees relating to returned checks.

(NRS 225.140)

     1.  The additional fee for a returned check

or negotiable instrument which is authorized by subparagraph (2) of paragraph

(e) of subsection 2 of NRS 225.140

is $25 for each hour of staff time necessary to take the actions set forth in

subparagraph (2) of paragraph (e) of subsection 2 of NRS 225.140.

     2.  For each returned check or negotiable

instrument, the Secretary of State will charge:

     (a) A fee of $25; and

     (b) If the returned check or negotiable instrument

has been presented for the payment of a filing fee for more than one entity,

the additional fee described in subsection 1.

     (Added to NAC by Sec’y of State by R074-11, eff. 5-30-2012)

      NAC 225.0157  Secretary of State authorized to refuse to accept filing or to

require payment in cash or by credit card under certain circumstances. (NRS 225.140)

     1.  The Secretary of State may refuse to

accept any filing submitted by a person who has not paid all fees and penalties

for a returned check or other negotiable instrument associated with a previous

filing.

     2.  The Secretary of State may require a person

to pay any fee or penalty in cash or by credit card if the person:

     (a) Has not paid all fees and penalties for a

returned check or other negotiable instrument associated with a previous filing

with the Secretary of State; or

     (b) Within the immediately preceding 12 months, has

submitted to the Secretary of State one or more checks or other negotiable

instruments which have been returned to the Office of the Secretary of State

because the person had insufficient money or credit with the drawee to pay the

check or other instrument or because the person stopped payment on the check or

other instrument.

     (Added to NAC by Sec’y of State by R074-11, eff. 5-30-2012)

FILING OF COMPLAINTS

      NAC 225.020  Definitions. (NRS 225.084)  As used

in NAC 225.020 to 225.130,

inclusive, unless the context otherwise requires, the words and terms defined

in NAC 225.030, 225.040

and 225.050 have the meanings ascribed to them in

those sections.

     (Added to NAC by Sec’y of State by R081-08, eff. 12-17-2008)

      NAC 225.030  “Aggrieved person” defined. (NRS 225.084)  “Aggrieved

person” means a person who is named in or otherwise affected by a filing made

in violation of the provisions of NRS

225.084.

     (Added to NAC by Sec’y of State by R081-08, eff. 12-17-2008)

      NAC 225.040  “Person” defined. (NRS 225.084)  “Person”

means a natural person, any form of business or social organization, a

corporation, partnership, association, trust, unincorporated organization,

government, governmental agency or political subdivision of a government.

     (Added to NAC by Sec’y of State by R081-08, eff. 12-17-2008)

      NAC 225.050  “Record” defined. (NRS 225.084)  “Record”

has the meaning ascribed to it in NRS

225.084.

     (Added to NAC by Sec’y of State by R081-08, eff. 12-17-2008)

      NAC 225.060  Actions subject to complaint. (NRS 225.084)  Actions

subject to complaint and possible administrative action pursuant to NAC 225.020 to 225.130,

inclusive, include, without limitation:

     1.  The listing, without consent, of the name

or signature of a person as officer, director, registered agent, incorporator

or other formal affiliate of an entity on any record filed with the Secretary

of State;

     2.  The listing, without consent, of the

address of a person as the address of an officer, director, registered agent,

incorporator or other formal affiliate of an entity on any record filed with

the Secretary of State;

     3.  The filing of any record on an entity

existing on file with the Secretary of State without the statutory authority as

provided by title 7 of NRS;

     4.  The forgery or fraudulent alteration of

records;

     5.  The filing of records in bad faith or for

the purpose of harassing or defrauding a person; and

     6.  The filing of records that contain a

false statement of material fact.

     (Added to NAC by Sec’y of State by R081-08, eff. 12-17-2008)

      NAC 225.070  Application for relief: Submittal; form; contents. (NRS 225.084)

     1.  An aggrieved person may apply to the

Secretary of State for relief by submitting a complaint to:

 

Secretary of State

Commercial Recordings

Division

Attn: Fraudulent

Filings

202 North Carson Street

Carson City, Nevada

89701

 

     2.  A complaint submitted pursuant to

subsection 1 must be on a form prescribed by the Secretary of State and must

contain, at a minimum, the following information:

     (a) The name, street address, telephone number and,

if applicable, the electronic mail address and any additional contact

information of the aggrieved person.

     (b) The name, street address, telephone number and,

if applicable, the electronic mail address and any additional contact

information of the person, if any, authorized by the aggrieved person to submit

the complaint on behalf of the aggrieved person.

     (c) The name, as reported on the record of the

Secretary of State, of the entity referenced in the filing alleged to be in

violation of NRS 225.084.

     (d) The file number, if available, of the entity

referenced in the filing alleged to be in violation of NRS 225.084.

     (e) The date of filing and name of the record

alleged to be in violation of NRS

225.084 and the reasons the record is alleged to be in violation of NRS 225.084.

     (f) Information, if known, identifying all persons

involved in the alleged violation of NRS

225.084, including, without limitation, names, street addresses, telephone

numbers, and website and electronic mail addresses.

     (g) Information identifying the nature of any

business or personal relationship between the aggrieved person and all persons

involved in the alleged violation of NRS

225.084.

     (h) Information identifying other regulatory

entities or agencies, and courts, arbitrators or other tribunals, with which

the aggrieved person has filed other complaints or reports regarding the same

filing, including, without limitation, the names and addresses of such other

regulatory entities, agencies, courts, arbitrators and tribunals, the dates

upon which those other complaints or reports were submitted, and the case

numbers assigned to those complaints or reports, if any.

     (i) Any additional information which the aggrieved

person believes may assist in investigating the allegations in the complaint.

     (j) Photocopies of any documents which the

aggrieved person believes may be useful in investigating the allegations in the

complaint.

     (k) A statement indicating whether the aggrieved

person is willing to testify regarding the complaint in a court of law or

administrative proceeding.

     (l) A declaration under penalty of perjury under

the laws of the State of Nevada that the information provided in the complaint

is true and correct to the best of the signatory’s knowledge and a statement

that the information in the complaint may be used by the Secretary of State and

other entities to investigate the complaint. The declaration and statement must

be followed by the printed name and signature of the aggrieved person and the

date on which the complaint was signed.

     (Added to NAC by Sec’y of State by R081-08, eff. 12-17-2008)

      NAC 225.080  Review of complaint; applicability. (NRS 225.084)

     1.  Upon receipt of a complaint submitted

pursuant to NAC 225.070, the Secretary of State

will review the complaint and determine whether the complaint may be resolved

through the administrative process and if the complaint should be referred to

another regulatory or enforcement agency for further investigation.

     2.  The Secretary of State may apply the

provisions of NAC 225.090 to 225.120,

inclusive, when, as a result of an investigation of another matter, he or she

is notified of a filing that may be in violation of NRS 225.084.

     (Added to NAC by Sec’y of State by R081-08, eff. 12-17-2008)

      NAC 225.090  Referral to other entities. (NRS 225.084)  The

Secretary of State may refer the information obtained in a complaint or through

the associated investigation to other entities for further investigation.

     (Added to NAC by Sec’y of State by R081-08, eff. 12-17-2008)

      NAC 225.100  Deficiencies in complaint. (NRS 225.084)  If the

information provided in a complaint is insufficient for further process or

investigation, the Secretary of State will communicate in writing the

deficiencies to the aggrieved person at the address provided on the complaint

form.

     (Added to NAC by Sec’y of State by R081-08, eff. 12-17-2008)

      NAC 225.110  Additional information required to determine validity. (NRS 225.084)  The

Secretary of State may require of an aggrieved person or of parties who

submitted a record alleged to be in violation of NRS 225.084 any additional

information necessary to determine the validity of the allegations.

     (Added to NAC by Sec’y of State by R081-08, eff. 12-17-2008)

      NAC 225.120  Demand for information to substantiate accuracy; response;

contents; evaluation; communication of findings. (NRS 225.084)

     1.  If the information provided in a

complaint or received as a result of an investigation of another matter is

sufficient for further process or investigation, the Secretary of State may

demand information substantiating the accuracy of a filing alleged to be in

violation of NRS 225.084. The demand

must be made in writing to the entity referenced in the record, through the

registered agent of the entity, and to the person who submitted the record

alleged to be in violation of NRS

225.084.

     2.  A response to a demand for information by

the Secretary of State must include, at a minimum, the following information:

     (a) The name, street address, telephone number and,

if applicable, the electronic mail address and any additional contact

information of the person responding to the demand for information;

     (b) The name of the entity from which the Secretary

of State is demanding a response;

     (c) Information, if known, identifying all persons

involved in the alleged violation of NRS

225.084, including, without limitation, names, street addresses, telephone

numbers, and website and electronic mail addresses;

     (d) Information identifying the nature of any

business or personal relationship between the aggrieved person and all persons

involved in the alleged violation of NRS

225.084;

     (e) Any additional information that the person

responding to the demand believes may be useful in an investigation of the

complaint or alleged violation of NRS

225.084; and

     (f) A declaration under penalty of perjury under

the laws of the State of Nevada that the information provided in the response

is true and correct to the best of the signatory’s knowledge and a statement

that the information in the response may be used by the Secretary of State and

other entities to investigate further the complaint or alleged violation of NRS 225.084. The declaration and

statement must be followed by the printed name and signature of the person

responding to the demand and the date on which the response was signed.

     3.  The person responding to the demand may

include in his or her response photocopies of any documents which he or she

believes may be useful in an investigation of the complaint or alleged

violation of NRS 225.084.

     4.  If, within 30 days after mailing the

demand pursuant to subsection 1, the Secretary of State receives information in

response to his or her demand, the Secretary of State will evaluate the

information received in response to the demand. If the Secretary of State deems

the information received in response to his or her demand to be valid, he or

she may consider the filing as valid. If the Secretary of State deems the

information received in response to his or her demand to be invalid, he or she

may consider the information in the complaint as valid and, through the filing

of a filing officer statement, may correct the record and the information at

issue in the database and on the website of the Secretary of State.

     5.  If, within 30 days after mailing the

demand pursuant to subsection 1, the Secretary of State does not receive

information in response to his or her demand, he or she may deem the

information in the complaint to be valid and, through the filing of a filing

officer statement, may correct the record and the information at issue in the

database and on the website of the Secretary of State.

     6.  The Secretary of State will communicate

his or her finding:

     (a) To the aggrieved person at the address provided

on the complaint form; and

     (b) To the entity referenced in the record at the

address on file for the entity with the Secretary of State.

     (Added to NAC by Sec’y of State by R081-08, eff. 12-17-2008)

      NAC 225.130  Filing officer statement: Contents; signature. (NRS 225.084)

     1.  A filing officer statement prepared by

the Secretary of State pursuant to NAC 225.120 must

include, at a minimum:

     (a) The name, as reported on the record of the

Secretary of State, of the entity referenced in the record;

     (b) The file number, if available, of the entity

referenced in the record;

     (c) A description of the finding and resulting

administrative action;

     (d) A description and the filing date of the

record; and

     (e) A statement that the filing officer statement

has the effect of correcting the record.

     2.  A filing officer statement must be signed

by:

     (a) The Secretary of State;

     (b) A deputy of the Secretary of State; or

     (c) A member of the Secretary of State’s staff who

has been authorized by the Secretary of State to sign the filing officer

statement.

     (Added to NAC by Sec’y of State by R081-08, eff. 12-17-2008)

CARE, CUSTODY AND CONTROL OF RECORDS

      NAC 225.200  When record deemed filed in compliance with due date. (NRS 225.085)

     1.  A record authorized or required by law to

be filed with the Secretary of State pursuant to title 7 of NRS which must be

filed on or before a due date specified by law is filed with the Secretary of

State in compliance with that due date if:

     (a) The record is received in the Office of the

Secretary of State on or before the close of business of the Office of the Secretary

of State on the date of the deadline.

     (b) The record is submitted electronically to the

Office of the Secretary of State and is received in the Office of the Secretary

of State at any time on the date of the deadline.

     (c) The due date prescribed by law is a Saturday,

Sunday or legal holiday pursuant to NRS

236.015 and:

          (1) The record is received in the Office of

the Secretary of State before the close of business of the Office of the

Secretary of State on the next day which is not a Saturday, Sunday or legal

holiday pursuant to NRS 236.015;

or

          (2) If the record is submitted electronically

to the Office of the Secretary of State, the record is received in the Office

of the Secretary of State at any time on the next day which is not a Saturday,

Sunday or legal holiday pursuant to NRS

236.015.

     (d) The record was mailed to the Office of the

Secretary of State by a method which guarantees delivery to a destination

within a specific period, if the person mailing the record provides proof to

the Secretary of State that the record was guaranteed to be delivered on or

before the date of the deadline prescribed by law and the record is received in

the Office of the Secretary of State not later than 3 days after the date of

the deadline.

     2.  The date of the postmark dated by the

post office on the envelope in which a record was mailed to the Office of the

Secretary of State will not be considered when determining whether the record

was received in the Office of the Secretary of State in compliance with a due

date specified by law for that record.

     (Added to NAC by Sec’y of State by R073-11, eff. 12-30-2011)

      NAC 225.210  Acceptance of record for filing; refusal of record. (NRS 225.085)

     1.  The Secretary of State will accept for

filing any record authorized or required by law to be filed with the Secretary

of State pursuant to title 7 of NRS if:

     (a) The record is received in the Office of the

Secretary of State on or before any applicable due date as determined pursuant

to NAC 225.200;

     (b) All information required by law for filing the

record appears legibly on the record; and

     (c) The record is accompanied by all applicable

fees and penalties.

     2.  If a record authorized or required by law

to be filed with the Secretary of State pursuant to title 7 of NRS must be

filed on or before a due date specified by law and is not received in the

Office of the Secretary of State on or before that due date as determined

pursuant to NAC 225.200, the Secretary of State

will:

     (a) Impose any penalties and additional fees

required by law.

     (b) Except as otherwise provided in subsection 3,

refuse to accept the record for filing unless:

          (1) All information required by law for filing

the record appears legibly on the record; and

          (2) The record is accompanied by the

appropriate fees and penalties.

     3.  The Secretary of State will not refuse to

accept a record for filing pursuant to paragraph (b) of subsection 2 if:

     (a) The person who submitted the record has

requested expedited service pursuant to paragraph (d) of subsection 2 of NRS 225.140 for the filing of the

record; and

     (b) Upon verbal notification from the Office of the

Secretary of State of any deficiency which is a basis for a refusal to accept

the record for filing, the person who submitted the record immediately corrects

the deficiency. If the Office of the Secretary of State is unable to provide

verbal notification of the deficiency or if the person who submitted the record

does not immediately correct the deficiency, the Secretary of State will refuse

to accept the record for filing and will return the record pursuant to

subsection 4 to the person who submitted it.

     4.  If the Secretary of State refuses to

accept a record for filing pursuant to paragraph (b) of subsection 2 or

subsection 3, the Secretary of State will:

     (a) Return the record to the person who submitted

the record; and

     (b) Notify in writing or by electronic means the

person who submitted the record of the reason for the refusal to accept the

record for filing and the applicable penalties and additional fees required by

law.

     (Added to NAC by Sec’y of State by R073-11, eff. 12-30-2011)
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