[Rev. 2/10/2015 4:39:31
PM--2014R2]
CHAPTER 225 - SECRETARY OF STATE
GENERAL PROVISIONS
NRS 225.010 Qualifications
of Secretary of State.
NRS 225.020 Election;
term of office.
NRS 225.030 Office.
NRS 225.050 Salary.
NRS 225.060 Deputies
and Executive Assistant: Appointment; bond; restrictions on other employment.
NRS 225.080 General
duties.
NRS 225.083 False
or forged documents: Posting notice regarding customer’s responsibility and
penalty; regulations.
NRS 225.084 Civil
liability for filing record which is forged or fraudulently altered, record
containing false statement of material fact or record filed in bad faith;
regulations.
NRS 225.085 Records:
When deemed filed; retention; disposition; regulations.
NRS 225.095 Immunity
from liability for examination, acceptance or filing of certain documents.
NRS 225.100 Duty
to furnish certified copies of laws, records and instruments.
NRS 225.105 Uniform
Commercial Code: Secretary of State may prescribe standards for forms;
regulations concerning fees for forms.
NRS 225.115 Administration
of oaths.
NRS 225.120 Biennial
report.
NRS 225.140 Fees.
NRS 225.150 Deposit
of fees.
NRS 225.155 Excess
payments to Secretary of State; disposition.
NRS 225.163 Petty
Cash Account: Creation; use; replenishment.
NRS 225.165 Secretary
of State’s Trust Account for Advance Fees: Establishment; use; regulations.
NRS 225.170 Securities
Division: Creation; Administrator; legal counsel.
ADVISORY COMMITTEE ON PARTICIPATORY DEMOCRACY
NRS 225.200 Definitions.
NRS 225.210 “Advisory
Committee” defined.
NRS 225.220 “Participatory
democracy” defined.
NRS 225.230 “Repository”
defined. [Repealed.]
NRS 225.240 Creation;
composition; Chair; terms of members; vacancies; compensation of members.
NRS 225.250 Duties;
authority to establish panel.
NRS 225.260 Meetings;
quorum.
NRS 225.270 Gifts,
grants and donations; Special Account for the Support of the Advisory
Committee.
NEVADA LOCKBOX
NRS 225.300 Definitions.
NRS 225.310 “Lockbox”
defined.
NRS 225.320 “Nevada
Lockbox” defined.
NRS 225.330 “Other
document” defined.
NRS 225.340 “Registrant”
defined.
NRS 225.350 “Will”
defined.
NRS 225.360 Authority
to establish and maintain registry; required components of registry; electronic
reproductions.
NRS 225.370 Establishment
of individual lockboxes within registry; duties of Secretary of State.
NRS 225.380 Restrictions
upon access to individual lockboxes within registry.
NRS 225.390 Removal
from registry of contents filed previously by registrant who is now deceased.
NRS 225.400 Contents
of registry not required to be verified for accuracy or legal validity; lack of
presumptions concerning documents filed in registry; affect of registration or
lack of registration of will or other document.
NRS 225.410 Fees
for registration; acceptance of gifts, grants and contributions.
NRS 225.420 Disposition
and accounting of money.
NRS 225.430 Immunity
from liability for acts and omissions made in good faith.
NRS 225.440 Regulations.
_________
GENERAL PROVISIONS
NRS 225.010 Qualifications of Secretary of State. No
person shall be eligible to the Office of Secretary of State unless the person:
1. Has attained the age of 25 years at the
time of such election; and
2. Is a qualified elector and has been a
citizen resident of this State for 2 years next preceding the election.
[Part 2:108:1866; A 1953, 711; 1955, 459]
NRS 225.020 Election; term of office.
1. The Secretary of State shall be elected
by the qualified electors of the State.
2. The Secretary of State shall be chosen
at the general election of 1866, and every 4th year thereafter, and shall hold
office for the term of 4 years from the time of his or her installment and
until his or her successor shall be qualified.
[Part 1:108:1866; B § 2599; BH § 1636; C § 1782; RL §
2765; NCL § 4765] + [Part 9:108:1866; B § 2607; BH § 1644; C § 1790; RL § 2773;
NCL § 4773] + [Part 10:108:1866; B § 2608; BH § 1645; C § 1791; RL § 2774; NCL
§ 4774]
NRS 225.030 Office. The
Secretary of State shall keep his or her office at the seat of government.
[Part 10:108:1866; B § 2608; BH § 1645; C § 1791; RL
§ 2774; NCL § 4774]—(NRS A 1977, 1369)
NRS 225.050 Salary.
1. Until the first Monday in January 2007,
the Secretary of State is entitled to receive an annual salary of $80,000. From
the first Monday in January 2007, until the first Monday in January 2011, the
Secretary of State is entitled to receive an annual salary of $97,000.
2. On the first Monday in January 2011 and
on the first Monday of every fourth year thereafter, the salary of the
Secretary of State must be increased by an amount equal to the cumulative
percentage increase in the salaries of the classified employees of this State
during the immediately preceding term of the Secretary of State.
[3:295:1953; A 1955, 527] + [2:320:1955] +
[11:320:1955] + [13:320:1955]—(NRS A 1957, 540; 1961, 305; 1965, 970; 1969,
791; 1971, 2207; 1977,
1015; 1981,
1370; 1985,
1609; 1989,
1897; 1997,
1226; 2005,
1183)
NRS 225.060 Deputies and Executive Assistant: Appointment; bond; restrictions
on other employment.
1. The Secretary of State may, under his
or her hand and seal, appoint an Executive Assistant, a Chief Deputy, a Deputy
of Commercial Recordings, a Deputy of Elections and not more than two
additional deputies in the unclassified service of the State as he or she may
deem necessary to perform fully the duties of the Office of Secretary of State.
The Chief Deputy, Deputy of Commercial Recordings, Deputy of Elections and any
other deputies so appointed may perform all the duties required of the
Secretary of State.
2. For his or her own security, the
Secretary of State may require each deputy to give him or her a bond in such
sum and with such sureties as the Secretary of State may deem sufficient.
3. Except as otherwise provided in NRS 284.143, the persons appointed
pursuant to subsection 1 shall devote their entire time and attention to the
business of their offices and shall not pursue any other businesses or
occupations or hold any other office of profit.
[Part 14:40:1865; B § 2795; BH § 1799; C § 1939; RL §
4261; NCL § 7417]—(NRS A 1967, 1488; 1971, 1423; 1981, 1271; 1989, 988; 1997, 616; 2001, 1003)
NRS 225.080 General duties. The
Secretary of State shall:
1. Attest all the official acts and
proceedings of the Governor, and affix the seal of the State, with proper
attestations, to all commissions, pardons and other public instruments to which
the signature of the Governor is required. A copy of these instruments must be
filed in the Office of the Secretary of State.
2. Lay all papers, minutes and vouchers
relative to the official acts and proceedings of the Governor before either
house of the Legislature when required by that house.
3. Keep the official bond of the
Treasurer, while the bond is in force.
4. Permit all the records and transactions
of the Office of the Secretary of State to be open at all times to the
inspection and examination of any committee of either house of the Legislature.
5. Furnish information, in writing, upon
any subject relating to the duties of the Office of the Secretary of State to
the Governor, whenever required.
6. Deliver, in good order and condition,
to his or her successor, all records, books, papers and other things belonging
to the Office of the Secretary of State.
[5:40:1865; B § 2786; BH § 1791; C § 1933; RL § 4255;
NCL § 7412]—(NRS A 1985, 1487; 1997, 2805)
NRS 225.083 False or forged documents: Posting notice regarding customer’s
responsibility and penalty; regulations.
1. The Secretary of State shall
prominently post the following notice at each office and each location on his
or her Internet website at which documents are accepted for filing:
The Secretary of State is not
responsible for the content, completeness or accuracy of any document filed in
this office. Customers should periodically review the documents on file in this
office to ensure that the documents pertaining to them are complete and
accurate.
Pursuant to NRS 239.330, any person who knowingly
offers any false or forged instrument for filing in this office is guilty of a
category C felony and shall be punished by imprisonment in the state prison for
a minimum term of not less than 1 year and a maximum term of not more than 5
years and may be further punished by a fine of not more than $10,000.
Additionally, any person who knowingly offers any false or forged instrument
for filing in this office may also be subject to civil liability.
2. The Secretary of State may adopt
regulations prescribing procedures to prevent the filing of false or forged
documents in his or her office.
(Added to NRS by 2001, 2375)
NRS 225.084 Civil liability for filing record which is forged or
fraudulently altered, record containing false statement of material fact or
record filed in bad faith; regulations.
1. A person shall not willfully file,
promote the filing of, or cause to be filed, or attempt or conspire to file,
promote the filing of, or cause to be filed, any record in the Office of the
Secretary of State if the person has actual knowledge that the record:
(a) Is forged or fraudulently altered;
(b) Contains a false statement of material fact;
or
(c) Is being filed in bad faith or for the
purpose of harassing or defrauding any person.
2. Any person who violates this section is
liable in a civil action brought pursuant to this section for:
(a) Actual damages caused by each separate
violation of this section or $10,000 for each separate violation of this
section, whichever is greater;
(b) All costs of bringing and maintaining the
action, including investigative expenses and fees for expert witnesses;
(c) Reasonable attorney’s fees; and
(d) Any punitive damages that the facts may
warrant.
3. A civil action may be brought pursuant
to this section by:
(a) Any person who is damaged by a violation of
this section, including, without limitation, any person who is damaged as the
result of an action taken in reliance on a record filed in violation of this
section; or
(b) The Attorney General, in the name of the
State of Nevada, if the matter is referred to the Attorney General by the
Secretary of State and if the Attorney General, after due inquiry, determines
that a civil action should be brought pursuant to this section. Any money
recovered by the Attorney General pursuant to this paragraph, after deducting
all costs and expenses incurred by the Attorney General and the Secretary of
State to investigate and act upon the violation, must be deposited in the State
General Fund.
4. For the purposes of this section, each
filing of a single record that constitutes a violation of this section shall be
deemed to be a separate violation.
5. The rights, remedies and penalties
provided pursuant to this section are cumulative and do not abrogate and are in
addition to any other rights, remedies and penalties that may exist at law or
in equity, including, without limitation, any criminal penalty that may be
imposed pursuant to NRS 239.330.
6. The Secretary of State may adopt
regulations prescribing procedures for correcting any record filed in violation
of this section.
7. As used in this section, “record” means
information that is:
(a) Inscribed on a tangible medium or that is
stored in an electronic or other medium and is retrievable in perceivable form;
and
(b) Filed or offered for filing by a person
pursuant to any provision of title 7 of NRS or Article 9 of the Uniform
Commercial Code.
(Added to NRS by 2005, 2271; A 2007, 1344)
NRS 225.085 Records: When deemed filed; retention; disposition; regulations.
1. Except as otherwise provided by
specific statute, a record shall be deemed to be filed with the Secretary of
State when it is placed in the care, custody and control of the Office of the
Secretary of State and the Secretary of State determines that the record:
(a) Is accompanied by the appropriate filing fee,
if applicable; and
(b) Meets all other applicable requirements for
filing.
2. A record that is filed with the Secretary
of State may be disposed of only in accordance with a schedule for retention
and disposition approved by the Committee to Approve Schedules for the
Retention and Disposition of Official State Records pursuant to procedures set
forth in NRS 239.080.
3. The Secretary of State shall adopt
regulations to define “care, custody and control” for the purposes of
subsection 1.
(Added to NRS by 1997, 2804; A 2003, 1951)
NRS 225.095 Immunity from liability for examination, acceptance or filing of
certain documents. The Secretary
of State and the deputies, employees and attorneys of the Secretary of State
are not liable for any action or omission made in good faith by the Secretary
of State, deputy, employee or attorney in the performance of his or her duties
or exercise of authority with respect to the examination, acceptance or filing
of any document which is received from any person or business association
pursuant to title 7 of NRS and which is inaccurate or defective in any way.
(Added to NRS by 2001, 1415; A 2001, 3199)
NRS 225.100 Duty to furnish certified copies of laws, records and
instruments. The Secretary of
State shall furnish, on request, to any person who has paid the proper fee for
it, a certified copy of all or any part of any law, act, record or other
instrument of writing on file or deposited with the Office of the Secretary of
State of which a copy may properly be given.
[6:40:1865; B § 2787; BH § 1792; C § 1934; RL § 4256;
NCL § 7413]—(NRS A 1965, 560; 1979, 178)
NRS 225.105 Uniform Commercial Code: Secretary of State may prescribe
standards for forms; regulations concerning fees for forms. The Secretary of State may prescribe standards
for appropriate forms to be used pursuant to NRS 104.9521 which must be accepted by
the county recorder of every county of this state at the lower rate prescribed
by those sections. The Secretary of State may, by regulation, establish the
fees that must be paid to obtain copies of these forms.
(Added to NRS by 1967, 94; A 1997, 2805; 1999, 392)
NRS 225.115 Administration of oaths. The
Secretary of State and any deputy designated by the Secretary of State may
administer any oath or affirmation appropriate to the performance of his or her
duties.
(Added to NRS by 1985, 1486)
NRS 225.120 Biennial report. On
or before September 15 of each even-numbered year, the Secretary of State shall
prepare and render a biennial report to the Governor. The report must include:
1. An exhibit showing in detail all
expenditures made by the Secretary of State or under the direction of the
Secretary of State during the biennium ending June 30 of that even-numbered
year;
2. An accounting of all money received by
the Secretary of State from whatever source and the disposition made of the
money during that biennium; and
3. All matters relating to the general
business of the Office of the Secretary of State during that biennium.
[1:103:1873; B § 280; BH §§ 1800, 4952; C § 1940; RL
§ 4262; NCL § 7422]—(NRS A 1973, 1409; 2007, 244)
NRS 225.140 Fees.
1. Except as otherwise provided in
subsection 2, in addition to other fees authorized by law, the Secretary of
State shall charge and collect the following fees:
For certifying to a
copy of any law, joint resolution, transcript of record or other paper on file
or of record with the Secretary of State, including, but not limited to, a
document required to be filed pursuant to title 24 of NRS, and use of the State
Seal, for each impression................................................................................ $20
For each passport or
other document signed by the Governor and attested by the Secretary of State 10
2. The Secretary of State:
(a) Shall charge a reasonable fee for searching
records and documents kept in his or her office, including, but not limited to,
records and documents that are stored on a computer database.
(b) May charge or collect any filing or other
fees for services rendered by him or her to the State of Nevada, any local
governmental agency or agency of the Federal Government, or any officer thereof
in his or her official capacity or respecting his or her office or official
duties.
(c) May not charge or collect a filing or other
fee for:
(1) Attesting extradition papers or
executive warrants for other states.
(2) Any commission or appointment issued
or made by the Governor, either for the use of the State Seal or otherwise.
(d) May charge a reasonable fee, not to exceed:
(1) One thousand dollars, for providing
service within 1 hour after the time service is requested;
(2) Five hundred dollars, for providing
service more than 1 hour but within 2 hours after the time the service is requested;
and
(3) One hundred twenty-five dollars, for
providing any other special service, including, but not limited to, providing
service more than 2 hours but within 24 hours after the time the service is
requested, accepting documents filed by facsimile machine and other use of new
technology.
(e) Shall charge a person, for each 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:
(1) A fee of $25; and
(2) If the check or other instrument that
was returned had been presented for the payment of a filing fee for more than
one entity, an additional fee in an amount equal to the actual cost incurred by
the Office of the Secretary of State to perform the following actions as a
result of the returned check or instrument:
(I) Reversing the status of the
entities in the records of the Office of the Secretary of State; and
(II) Recouping any fees charged for
services rendered by the Office of the Secretary of State to the entities,
including, without limitation, fees charged for providing service pursuant to
paragraph (d), providing copies or issuing certificates.
Ê The
Secretary of State shall, by regulation, establish procedures for the
imposition of the fees authorized by this paragraph and the manner in which a
fee authorized by subparagraph (2) will be calculated.
(f) May charge a reasonable fee for searching for
and cancelling or removing, if requested, any filing that has been submitted to
him or her but not yet processed.
3. The Secretary of State shall post a
schedule of the fees authorized to be charged pursuant to this section in a conspicuous
place at each office at which such fees are collected.
[Part 2:52:1933; A 1949, 409; 1943 NCL § 7421.02] +
[Part 1:180:1907; RL § 4635; NCL § 7695]—(NRS A 1963, 59; 1979, 77, 178, 599; 1981, 140; 1983, 705; 1985, 1487; 1987, 1112; 1989, 988; 1991, 1310; 1993, 491; 1997, 888, 2805; 1999, 606; 2001, 582, 3193; 2003, 1951; 2003,
20th Special Session, 131; 2005, 2272; 2009, 1024)
NRS 225.150 Deposit of fees. Unless
otherwise specifically provided by law, all fees collected by the Secretary of
State shall be deposited with the State Treasurer for credit to the State
General Fund.
(Added to NRS by 1979, 76)
NRS 225.155 Excess payments to Secretary of State; disposition.
1. If any money is paid to the Secretary
of State which exceeds by less than $15 the amount required by law to be paid,
the Secretary of State shall deposit the excess payment with the State
Treasurer for credit to the State General Fund.
2. If a payment exceeds the amount
required by law to be paid by $15 or more, the Secretary of State shall, if
practicable, refund the excess. If the Secretary of State cannot make the
refund within 12 months after the date on which the excess payment was
received, the Secretary of State shall deposit the excess payment with the
State Treasurer for credit to the State General Fund.
(Added to NRS by 1987, 1112; A 1989, 989; 1997, 2806; 1999, 606; 2007, 244)
NRS 225.163 Petty Cash Account: Creation; use; replenishment.
1. A Petty Cash Account of the Secretary
of State is hereby created for each building in which offices of employees of
the Secretary of State are located in the sum of $500 each.
2. The State Board of Examiners shall:
(a) Define the purposes for which the petty cash
accounts may be used; and
(b) Provide that replenishment claims must be
paid from the budgeted resources of the Office of the Secretary of State and
processed as other claims against the State are paid.
(Added to NRS by 1997, 2804)
NRS 225.165 Secretary of State’s Trust Account for Advance Fees:
Establishment; use; regulations.
1. The Secretary of State may establish a
trust account, designated the Secretary of State’s Trust Account for Advance
Fees, with the State Treasurer in which persons who require the services of the
Secretary of State may deposit advance fees for payment of those services.
Unless the appropriate fee accompanies the request for service, upon providing
the service, the Secretary of State shall cause the Account to be debited.
2. The Secretary of State shall prescribe,
by regulation:
(a) The services for which advance fees
may be deposited with the State Treasurer and paid for upon providing the
service; and
(b) The minimum amount of advance fees each
person must maintain in the Trust Account.
3. The State Treasurer, upon consultation
with the Secretary of State and the State Controller, shall prescribe the
procedure for the deposit and withdrawal of money from the Trust Account.
(Added to NRS by 1989, 987; A 1993, 171; 1997, 2807)
NRS 225.170 Securities Division: Creation; Administrator; legal counsel.
1. There is hereby created within the
Office of the Secretary of State a Securities Division. The Secretary of State
shall appoint an Administrator of the Division. The Administrator of the
Division is in the unclassified service of the State.
2. The Secretary of State may,
alternatively:
(a) Use the services of an assigned deputy
attorney general as legal counsel for the Division.
(b) Appoint an attorney as legal counsel for the
Division. If appointed, he or she is in the unclassified service of the State.
(c) Contract for services to be rendered by such
other legal counsel as are needed for assistance in administering chapter 90 of NRS.
3. Each of the legal counsel must be an
attorney admitted to practice law in Nevada.
(Added to NRS by 1987, 1294; A 1987, 2192; 1989, 160; 2001, 1003; 2009, 1026)
ADVISORY COMMITTEE ON PARTICIPATORY DEMOCRACY
NRS 225.200 Definitions. As
used in NRS 225.200 to 225.270,
inclusive, unless the context otherwise requires, the words and terms defined
in NRS 225.210 and 225.220
have the meanings ascribed to them in those sections.
(Added to NRS by 2003, 2258; A 2013, 55)
NRS 225.210 “Advisory Committee” defined. “Advisory
Committee” means the Advisory Committee on Participatory Democracy created by NRS 225.240.
(Added to NRS by 2003, 2258)
NRS 225.220 “Participatory democracy” defined. “Participatory
democracy” means the participation of residents of this State in the
development of public policy and in the improvement of the operation of
government at all levels.
(Added to NRS by 2003, 2258)
NRS 225.230 “Repository” defined. Repealed.
(See chapter 18, Statutes of Nevada 2013, at page 58.)
NRS 225.240 Creation; composition; Chair; terms of members; vacancies;
compensation of members.
1. The Advisory Committee on Participatory
Democracy is hereby created within the Office of the Secretary of State.
2. The Advisory Committee consists of 10
members including:
(a) The Secretary of State or his or her
designee; and
(b) Nine other members appointed by the Secretary
of State.
3. The Secretary of State shall:
(a) Consider political, geographical and
demographical factors when appointing members of the Advisory Committee;
(b) Select the Chair of the Advisory Committee
from among its members; and
(c) Designate an employee of the Office of the
Secretary of State to serve as Secretary for the Advisory Committee.
4. The Secretary of State may assign such
other employees of his or her Office as he or she deems necessary to assist the
Advisory Committee in its duties.
5. The Chair of the Advisory Committee
shall appoint a Vice Chair from among the members of the Advisory Committee.
6. After the initial term, each member of
the Advisory Committee shall serve for a term of 3 years. Each member of the
Advisory Committee serves at the pleasure of the Secretary of State. If a
vacancy occurs, the Secretary of State shall appoint a new member to fill the
vacancy for the remainder of the unexpired term.
7. Members of the Advisory Committee serve
without compensation. If sufficient money is available in the Special Account
for the Support of the Advisory Committee created by NRS
225.270, members are entitled to the per diem and travel allowances
provided for state officers and employees generally while attending meetings of
the Advisory Committee.
(Added to NRS by 2003, 2258)
NRS 225.250 Duties; authority to establish panel.
1. The Advisory Committee shall:
(a) Assist the Secretary of State in identifying
and proposing programs that support participatory democracy and solutions to
any problem concerning the level of participatory democracy, including, without
limitation, proposing methods to involve the news media in the process of
addressing and proposing solutions to such a problem;
(b) Make recommendations to and discuss
recommendations with the Secretary of State concerning matters brought to the
attention of the Advisory Committee that relate to a program, activity, event
or any combination thereof designed to increase or facilitate participatory
democracy, including, without limitation, the interaction of citizens with
governing bodies in the formulation and implementation of public policy;
(c) Establish a “Jean Ford Democracy Award” to
honor citizens who perform exemplary service in promoting participatory
democracy in this State;
(d) Support projects by national, state and local
entities that encourage and advance participatory democracy, including programs
established by the National Conference of State Legislatures, the State Bar of
Nevada, and other public and private organizations; and
(e) Advise the Secretary of State and the
Governor concerning the substance of any proclamation issued by the Governor
pursuant to NRS 236.035.
2. The Advisory Committee may establish a
panel to assist the Advisory Committee in carrying out its duties and
responsibilities. The panel may consist of:
(a) Representatives of organizations,
associations, groups or other entities committed to improving participatory
democracy in this State, including, without limitation, representatives of
committees that are led by youths and established to improve the teaching of
the principles of participatory democracy in the schools, colleges and
universities of this State; and
(b) Any other interested persons with relevant
knowledge.
(Added to NRS by 2003, 2258; A 2011, 2936;
2013, 55)
NRS 225.260 Meetings; quorum.
1. The Advisory Committee shall hold
meetings at least once every 3 months. A special meeting of the Advisory
Committee may be called by the Secretary of State and the Chair of the Advisory
Committee at such additional times as they deem necessary.
2. The Chair of the Advisory Committee or,
in the absence of the Chair, the Vice Chair of the Advisory Committee, shall
preside at each meeting of the Advisory Committee. Six members of the Advisory
Committee constitute a quorum.
(Added to NRS by 2003, 2259)
NRS 225.270 Gifts, grants and donations; Special Account for the Support of
the Advisory Committee.
1. The Secretary of State may apply for
any available grants and accept any gifts, grants or donations for the support
of the Advisory Committee and its activities pursuant to NRS
225.200 to 225.270, inclusive.
2. Any money received pursuant to this
section must be deposited in the Special Account for the Support of the
Advisory Committee, which is hereby created in the State General Fund. Interest
and income earned on money in the Account must be credited to the Account.
Money in the Account may only be used for the support of the Advisory Committee
and its activities pursuant to NRS 225.200 to 225.270, inclusive.
(Added to NRS by 2003, 2259)
NEVADA LOCKBOX
NRS 225.300 Definitions. As
used in NRS 225.300 to 225.440,
inclusive, unless the context otherwise requires, the words and terms defined
in NRS 225.310 to 225.350,
inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 2009, 1022)
NRS 225.310 “Lockbox” defined. “Lockbox”
means an electronic file, including, without limitation, any will or other
document stored electronically in the file, that is established in the Nevada
Lockbox and registered to a person pursuant to NRS
225.370.
(Added to NRS by 2009, 1022)
NRS 225.320 “Nevada Lockbox” defined. “Nevada
Lockbox” means the registry authorized to be established by the Secretary of
State pursuant to NRS 225.360.
(Added to NRS by 2009, 1022)
NRS 225.330 “Other document” defined. “Other
document” means a document registered with the Secretary of State pursuant to NRS 225.370 and may include, without limitation, a
passport, a birth certificate or a marriage license.
(Added to NRS by 2009, 1022)
NRS 225.340 “Registrant” defined. “Registrant”
means a person whose will or other document is registered with the Secretary of
State pursuant to NRS 225.370.
(Added to NRS by 2009, 1022)
NRS 225.350 “Will” defined. “Will”
has the meaning ascribed to it in NRS
132.370.
(Added to NRS by 2009, 1022)
NRS 225.360 Authority to establish and maintain registry; required
components of registry; electronic reproductions. The
Secretary of State may establish and maintain on his or her Internet website a
registry to be known as the Nevada Lockbox. The registry must include, without
limitation, in a secure portion of the website, an electronic reproduction of
each will or other document filed by a registrant. The electronic reproduction
must be capable of being viewed on the registry and downloaded, printed or
otherwise retrieved by a person pursuant to NRS 225.370.
(Added to NRS by 2009, 1022)
NRS 225.370 Establishment of individual lockboxes within registry; duties of
Secretary of State. If the Nevada
Lockbox is established pursuant to NRS 225.360:
1. A person who wishes to establish a
lockbox and thereby register a will or other document in the Nevada Lockbox
must submit to the Secretary of State:
(a) An application in the form prescribed by the
Secretary of State;
(b) A copy of the will or other document to be
registered; and
(c) The fee, if any, established by the Secretary
of State pursuant to NRS 225.410.
2. If the person satisfies the
requirements of subsection 1, the Secretary of State shall:
(a) Make an electronic reproduction of the will
or other document and post it within the registrant’s lockbox;
(b) Assign to the registrant a registration
number and access code for the lockbox; and
(c) Provide to the registrant a registration card
that includes, without limitation:
(1) The name of the registrant;
(2) The registration number assigned to
the registrant pursuant to paragraph (b); and
(3) The access code assigned to the
registrant pursuant to paragraph (b).
3. The Secretary of State shall establish
procedures for, without limitation:
(a) The registration of a will or other document
which replaces a will or other document that has been registered previously and
posted within the Nevada Lockbox;
(b) The removal from the Nevada Lockbox of a will
or other document that has been revoked at the request of the registrant; and
(c) The issuance of a duplicate registration card
or the provision of other access by a registrant to his or her registration
number and access code if a registration card issued pursuant to this section
is lost, stolen, mutilated, destroyed or otherwise unavailable.
(Added to NRS by 2009, 1022)
NRS 225.380 Restrictions upon access to individual lockboxes within
registry. If the Nevada Lockbox is
established pursuant to NRS 225.360:
1. Except as otherwise provided in this
section, the Secretary of State shall not provide access to the lockbox of a
registrant unless:
(a) The person requesting access provides the
registration number and access code of the registrant;
(b) The Secretary of State determines that
providing access to the lockbox is in the best interest of the registrant;
(c) Access to the lockbox is required pursuant to
the lawful order of a court of competent jurisdiction; or
(d) Access to the lockbox is requested by the
registrant or his or her personal representative.
2. A registrant or his or her personal
representative may access the lockbox of the registrant for any purpose.
(Added to NRS by 2009, 1023)
NRS 225.390 Removal from registry of contents filed previously by registrant
who is now deceased. If the Nevada
Lockbox is established pursuant to NRS 225.360, the
Secretary of State may remove from the Nevada Lockbox the contents of the
lockbox of a deceased registrant only:
1. Upon the request of the registrant’s
personal representative;
2. Upon receiving confirmation that
probate of the estate of the registrant is completed; or
3. Pursuant to the lawful order of a court
of competent jurisdiction.
(Added to NRS by 2009, 1023)
NRS 225.400 Contents of registry not required to be verified for accuracy or
legal validity; lack of presumptions concerning documents filed in registry;
affect of registration or lack of registration of will or other document. If the Nevada Lockbox is established pursuant
to NRS 225.360:
1. The provisions of NRS 225.300 to 225.440,
inclusive, do not require that the Secretary of State determine whether the
contents of a will or other document submitted for registration are accurate or
whether the execution or issuance of the will or other document complies with
the requirements necessary to make the will or other document valid.
2. The registration of a will or other
document does not establish or create a presumption that the contents thereof
are accurate or that the execution or issuance of the will or other document
complies with the requirements necessary to make the will or other document
valid.
3. The registration of or the failure to
register a will or other document does not otherwise affect the validity of the
will or other document.
4. Failure to notify the Secretary of
State of the revocation of a will or other document does not affect the
validity of the will or other document.
5. The existence or nonexistence of the
registration of a will must not be considered an evidentiary fact in a
proceeding relating to the will.
6. The failure to register a document
related to a will must not be considered in determining the validity of the
will.
7. An attorney is not subject to liability
for malpractice for failing to register a will, or any document related to the
will, of a client.
(Added to NRS by 2009, 1023)
NRS 225.410 Fees for registration; acceptance of gifts, grants and
contributions. If the Nevada
Lockbox is established pursuant to NRS 225.360, the
Secretary of State may charge and collect fees for the registration of a will
or other document pursuant to NRS 225.370. The
Secretary of State may accept gifts, grants, bequests and other contributions
from any source for the purpose of carrying out the provisions of NRS 225.300 to 225.440,
inclusive.
(Added to NRS by 2009, 1024)
NRS 225.420 Disposition and accounting of money.
1. All money received by the Secretary of
State pursuant to NRS 225.300 to 225.440, inclusive, must be:
(a) Deposited in the State Treasury and accounted
for separately in the State General Fund; and
(b) Used only for the purpose of carrying out the
provisions of NRS 225.300 to 225.440,
inclusive.
2. The Secretary of State shall administer
the account. The interest and income earned on the money in the account, after
deducting any applicable charges, must be credited to the account.
3. The money in the account does not lapse
to the State General Fund at the end of a fiscal year.
4. Claims against the account must be paid
as other claims against the State are paid.
(Added to NRS by 2009, 1024)
NRS 225.430 Immunity from liability for acts and omissions made in good
faith. The Secretary of State and
the deputies, employees and attorneys of the Secretary of State are not liable
for any action or omission made in good faith by the Secretary of State,
deputy, employee or attorney in carrying out the provisions of NRS 225.300 to 225.440,
inclusive.
(Added to NRS by 2009, 1024)
NRS 225.440 Regulations. The
Secretary of State may adopt such regulations as he or she determines to be
necessary or advisable to carry out the provisions of NRS
225.300 to 225.440, inclusive.
(Added to NRS by 2009, 1024)
