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Nevada Law Regarding Corporations and Limited Liability Companies


Limited Liability Companies
http://www.leg.state.nv.us/NRS/NRS-086.html

NRS 86.211  Articles of organization: Notice imparted by filing.  The fact that the articles of organization are on file in the Office of the Secretary of State is notice that the limited-liability company is a limited-liability company and is notice of all other facts sets forth therein which are required to be set forth in the articles of organization, unless the existence and facts set forth have been rebutted and made a part of a record of any court of competent jurisdiction.

CHAPTER 86 - LIMITED-LIABILITY COMPANIES
 

GENERAL PROVISIONS

NRS 86.011              Definitions.

NRS 86.022              “Articles” and “articles of organization” defined.

NRS 86.031              “Bankrupt” defined.

NRS 86.051              “Foreign limited-liability company” defined.

NRS 86.061              “Limited-liability company” and “company” defined.

NRS 86.065              “Majority in interest” defined.

NRS 86.071              “Manager” defined.

NRS 86.081              “Member” defined.

NRS 86.091              “Member’s interest” defined.

NRS 86.095              “Noneconomic member” defined.

NRS 86.101              “Operating agreement” defined.

NRS 86.111              “Real property” defined.

NRS 86.116              “Record” defined.

NRS 86.121              “Registered office” defined.

NRS 86.125              “Resident agent” defined.

NRS 86.1255            “Series” and “series of members” defined.

NRS 86.126              “Sign” defined.

NRS 86.127              “Signature” defined.

NRS 86.128              “Street address” defined.

NRS 86.131              Applicability of chapter to foreign and interstate commerce.

NRS 86.135              Amendment or repeal of provisions of chapter; chapter deemed part of articles of company.

ORGANIZATION

NRS 86.141              Purpose for organization.

NRS 86.151              Filing requirements.

NRS 86.155              Perpetual existence of company.

NRS 86.161              Articles of organization: Required and optional provisions.

NRS 86.171              Name of company: Distinguishable name required; availability of name of revoked, merged or otherwise terminated company; limitations; regulations.

NRS 86.176              Name of company: Reservation; injunctive relief.

NRS 86.201              Commencement of organizational existence.

NRS 86.211              Articles of organization: Notice imparted by filing.

NRS 86.216              Amendment of articles of organization before issuance of member’s interest.

NRS 86.221              Amendment and restatement of articles of organization.

NRS 86.226              Filing of certificate of amendment or judicial decree of amendment; effective date.

RESIDENT AGENT AND REGISTERED OFFICE

NRS 86.231              Resident agent required; address of registered office; change of address.

NRS 86.235              Resident agent: Revocation of appointment; change of name.

NRS 86.241              Maintenance of records at office in State; inspection and copying of records.

NRS 86.251              Resident agent: Resignation; designation of successor after death, resignation or movement from State.

NRS 86.261              Service of process, notice or demand upon resident agent.

ANNUAL LIST; DEFAULTING COMPANIES

NRS 86.263              Filing requirements; fees; notice.

NRS 86.264              Additional filing requirements for certain companies: Criteria; statement; fees.

NRS 86.266              Certificate of authorization to transact business.

NRS 86.269              Addresses of managers and members required; failure to file.

NRS 86.272              Defaulting companies: Identification; reinstatement; penalty.

NRS 86.274              Defaulting companies: Duties of Secretary of State; forfeiture; distribution of assets.

NRS 86.276              Defaulting companies: Conditions and procedure for reinstatement.

NRS 86.278              Defaulting companies: Reinstatement under old or new name; regulations.

OPERATION

NRS 86.281              General powers.

NRS 86.286              Operating agreement.

NRS 86.291              Management.

NRS 86.293              Noneconomic members.

NRS 86.296              Classes of members or managers; series of members.

NRS 86.301              Limitation on authority to contract debt or incur liability.

NRS 86.311              Acquisition, ownership and disposition of property.

NRS 86.321              Contributions to capital: Form.

NRS 86.331              Resignation or withdrawal of member: Limitation; payment to member who rightfully resigns or withdraws.

NRS 86.335              Resignation or withdrawal of member in violation of operating agreement; loss of right to participate upon resignation or withdrawal.

NRS 86.341              Distribution of profits.

NRS 86.343              Distribution of profits and contributions: Prohibition; applicable determinations; liability of member for violation.

NRS 86.346              Distributions: Form; status of member or transferee.

NRS 86.351              Nature and transfer of member’s interest; rights of transferee; substituted members.

LIABILITY, INDEMNIFICATION AND INSURANCE

NRS 86.361              Liability of persons assuming to act as company without authority.

NRS 86.371              Liability of member or manager for debts or liabilities of company.

NRS 86.381              Member of company is not proper party in proceeding by or against company; exception.

NRS 86.391              Liability of member to company.

NRS 86.401              Rights and remedies of creditor of member.

NRS 86.411              Indemnification of manager, member, employee or agent: Proceeding other than by company.

NRS 86.421              Indemnification of manager, member, employee or agent: Proceeding by company.

NRS 86.431              Indemnification of manager, member, employee or agent: Scope; authorization.

NRS 86.441              Indemnification of member or manager: Advancement of expenses.

NRS 86.451              Indemnification of manager, member, employee or agent: Effect of provisions on other rights; continuation after cessation of status.

NRS 86.461              Maintenance of insurance or other financial arrangements against liability of member, manager, employee or agent.

NRS 86.471              Effect of providing insurance or other financial arrangements against liability of member, manager, employee or agent.

NRS 86.481              Exclusion of company which provides self-insurance from title 57 of NRS.

DERIVATIVE ACTIONS

NRS 86.483              Authority of member to bring action.

NRS 86.485              Qualifications of plaintiff.

NRS 86.487              Pleading.

NRS 86.489              Expenses.

DISSOLUTION

NRS 86.491              Events requiring dissolution and winding up of affairs; effect of certain events affecting member.

NRS 86.495              Dissolution by decree of court; termination of series by decree of court.

NRS 86.505              Continuation of company after dissolution for winding up of affairs; limitation on actions by or against dissolved company.

NRS 86.521              Distribution of assets after dissolution.

NRS 86.531              Articles of dissolution: Required provisions.

NRS 86.541              Articles of dissolution: Filing; effect of filing.

FOREIGN LIMITED-LIABILITY COMPANIES

NRS 86.543              Law governing organization, internal affairs and liability of managers and members.

NRS 86.544              Filing requirements; required provisions of application for registration.

NRS 86.545              Issuance of certificate of registration by Secretary of State.

NRS 86.546              Name for registration.

NRS 86.5461            Annual list: Filing requirements; fees; powers and duties of Secretary of State.

NRS 86.5462            Additional filing requirements for certain companies: Criteria; statement; fees.

NRS 86.5463            Certificate of authorization to transact business.

NRS 86.5464            Addresses of managers or managing members required; failure to file.

NRS 86.5465            Defaulting companies: Identification; forfeiture of right to transact business; penalty.

NRS 86.5466            Defaulting companies: Duties of Secretary of State.

NRS 86.5467            Defaulting companies: Conditions and procedure for reinstatement.

NRS 86.5468            Defaulting companies: Reinstatement under old or new name; regulations.

NRS 86.547              Cancellation of registration.

NRS 86.548              Transaction of business without registration.

NRS 86.5483            Activities not constituting transaction of business.

NRS 86.5487            Determination of whether solicitation is made or accepted.

NRS 86.549              Action by Attorney General to restrain transaction of business.

MISCELLANEOUS PROVISIONS

NRS 86.555              Issuance of occupational or professional license to limited-liability company by board or commission; regulations.

NRS 86.557              Form required for filing of records.

NRS 86.561              Fees.

NRS 86.563              Procedure to submit replacement page to Secretary of State before actual filing of record.

NRS 86.566              Filing of records written in language other than English.

NRS 86.568              Correction of inaccurate or defective record filed with Secretary of State.

NRS 86.571              Waiver of notice.

NRS 86.580              Renewal or revival of charter: Procedure; fee; certificate as evidence.

NRS 86.590              Renewal or revival of charter: Status of company.


CHAPTER 78 - PRIVATE CORPORATIONS
 

Title 7 - BUSINESS ASSOCIATIONS; SECURITIES; COMMODITIES

CHAPTER 78 - PRIVATE CORPORATIONS

GENERAL PROVISIONS

NRS 78.010              Definitions; construction.

NRS 78.015              Applicability of chapter; effect on corporations existing before April 1, 1925.

NRS 78.020              Limitations on incorporation under chapter; compliance with other laws.

NRS 78.025              Reserved power of State to amend or repeal chapter; chapter part of corporation’s charter.

NRS 78.026              Form required for filing of records.

NRS 78.027              Corporate records: Microfilming; imaging; return.

NRS 78.028              Filing of records written in language other than English.

NRS 78.029              Procedure to submit replacement page to Secretary of State before actual filing of record.

NRS 78.0295            Correction of inaccurate or defective record filed with Secretary of State.

NRS 78.0297            Corporate records: Manner of storage; conversion into clear and legible paper form; admissibility in evidence.

NRS 78.0298            Records or signatures maintained by corporation.

FORMATION

NRS 78.030              Filing requirements.

NRS 78.035              Articles of incorporation: Required provisions.

NRS 78.037              Articles of incorporation: Optional provisions.

NRS 78.039              Name of corporation: Distinguishable name required; availability of name of revoked, merged or otherwise terminated corporation; regulations.

NRS 78.040              Name of corporation: Reservation; injunctive relief.

NRS 78.045              Articles of incorporation: Approval or certification required before filing of certain articles or amendments.

NRS 78.050              Commencement of corporate existence.

NRS 78.055              Acceptable evidence of incorporation.

POWERS

NRS 78.060              General powers.

NRS 78.065              Adoption and use of corporate seal or stamp.

NRS 78.070              Specific powers.

NRS 78.075              Railroad companies: Powers.

NRS 78.080              Railroad companies: Rights-of-way granted by the State, counties and municipalities; limitations; reversion on abandonment; duties of companies.

NRS 78.085              Railroad companies: Filing and recording of certified maps and profiles.

REGISTERED OFFICE AND RESIDENT AGENT

NRS 78.090              Resident agent required; address of registered office; powers of bank or corporation who is resident agent; penalty for noncompliance; service upon resident agent in lieu of corporation.

NRS 78.095              Change of address of resident agent and registered office.

NRS 78.097              Resident agent: Resignation; designation of successor after death, resignation or removal from State.

NRS 78.105              Maintenance of records at registered office; inspection and copying of records; civil liability; penalties.

NRS 78.107              Denial of request for inspection of records; defense to action for penalties or damages; authority of court to compel production of records.

NRS 78.110              Resident agent: Revocation of appointment; change of name.

DIRECTORS AND OFFICERS

NRS 78.115              Board of directors: Number and qualifications.

NRS 78.120              Board of directors: General powers.

NRS 78.125              Committees of board of directors: Designation; powers; membership.

NRS 78.130              Officers of corporation: Selection; qualifications; terms; powers and duties; filling of vacancies.

NRS 78.135              Authority of directors and representatives of corporation.

NRS 78.138              Directors and officers: Exercise of powers; performance of duties; presumptions and considerations; liability to corporation and stockholders.

NRS 78.139              Directors and officers: Duties, presumptions and powers when confronted with change or potential change in control of corporation.

NRS 78.140              Restrictions on transactions involving interested directors or officers; compensation of directors.

ANNUAL LIST; DEFAULTING CORPORATIONS

NRS 78.150              Filing requirements; fees; powers and duties of Secretary of State.

NRS 78.153              Additional filing requirements for certain corporations: Criteria; statement; fees.

NRS 78.155              Certificate of authorization to transact business.

NRS 78.165              Addresses of officers and directors required; failure to file.

NRS 78.170              Defaulting corporations: Identification; reinstatement of corporation which is unit-owners’ association; penalty.

NRS 78.175              Defaulting corporations: Duties of Secretary of State; revocation of charter and forfeiture of right to transact business; distribution of assets.

NRS 78.180              Defaulting corporations: Conditions and procedure for reinstatement.

NRS 78.185              Defaulting corporations: Reinstatement under old or new name; regulations.

STOCK AND OTHER SECURITIES; DISTRIBUTIONS

NRS 78.191              “Distribution” defined.

NRS 78.195              Issuance of more than one class or series of stock; rights of stockholders.

NRS 78.1955            Establishment of matters regarding class or series of stock by resolution of board of directors.

NRS 78.196              Required and authorized classes or series of stock; shares called for redemption.

NRS 78.197              Rights of persons holding obligations of corporation.

NRS 78.200              Rights or options to purchase stock.

NRS 78.205              Fractions of shares: Issuance; alternatives to issuance.

NRS 78.2055            Decrease in number of issued and outstanding shares of class or series: Resolution by board of directors; approval by stockholders; rights of stockholders.

NRS 78.207              Change in number of authorized shares of class or series: Resolution by board of directors; approval by stockholders; rights of stockholders.

NRS 78.209              Change in number of authorized shares of class or series: Filing and effectiveness of certificate of change; amendment of articles of incorporation.

NRS 78.211              Consideration for shares: Authority of board of directors; effect of receipt; corporate action pending receipt in future.

NRS 78.215              Issuance of shares for consideration or as share dividend.

NRS 78.220              Subscriptions for corporate shares: Payment; default; irrevocability.

NRS 78.225              Stockholder’s liability: No individual liability except for payment for which shares were authorized to be issued or which was specified in subscription agreement.

NRS 78.230              Liability of holder of stock as collateral security; liability of executors, administrators, guardians and trustees.

NRS 78.235              Stock certificates: Validation; facsimile signatures; uncertificated shares and informational statements; replacement.

NRS 78.240              Shares of stock are personal property; transfers.

NRS 78.242              Restrictions on transfer of stock.

NRS 78.245              Corporate stocks, bonds and securities not taxed when owned by nonresidents or foreign corporations.

NRS 78.250              Cancellation of outstanding certificates or change in informational statements: Issuance of new certificates or statements; order for surrender of certificates; penalties for failure to comply.

NRS 78.257              Right of stockholders to inspect, copy and audit financial records; exceptions; civil and criminal liability; penalty.

NRS 78.265              Preemptive rights of stockholders in corporations organized before October 1, 1991.

NRS 78.267              Preemptive rights of stockholders in corporations organized on or after October 1, 1991.

NRS 78.275              Assessments on stock: Levy and collection; sale after default in payment.

NRS 78.280              Purchase by corporation of its own stock at assessment sale when no other available purchaser.

NRS 78.283              Treasury shares: Definition; limitations; retirement and disposal.

NRS 78.288              Distributions to stockholders.

NRS 78.300              Liability of directors for unlawful distributions.

NRS 78.307              “Investment company” and “open-end investment company” defined; redemption of shares by open-end investment company.

MEETINGS, ELECTIONS, VOTING AND NOTICE

NRS 78.310              Stockholders’ and directors’ meetings: Location; authority to call.

NRS 78.315              Directors’ meetings: Quorum; consent for actions taken without meeting; participation by telephone or similar method.

NRS 78.320              Stockholders’ meetings: Quorum; consent for actions taken without meeting; participation by telephone or similar method.

NRS 78.325              Actions at meetings not regularly called: Ratification and approval.

NRS 78.330              Directors: Election; terms; classification; voting power.

NRS 78.335              Directors: Removal; filling of vacancies.

NRS 78.340              Failure to hold election of directors on regular day does not dissolve corporation.

NRS 78.345              Election of directors by order of court upon failure of regular election.

NRS 78.347              Application by stockholder for order of court appointing custodian or receiver; authority of custodian.

NRS 78.350              Voting rights of stockholders; determination of stockholders entitled to notice of and to vote at meeting.

NRS 78.352              Voting rights: Persons holding stock in fiduciary capacity; persons whose stock is pledged; joint owners of stock.

NRS 78.355              Stockholders’ proxies.

NRS 78.360              Cumulative voting.

NRS 78.365              Voting trusts.

NRS 78.370              Notice to stockholders.

NRS 78.375              Waiver of notice.

ACQUISITION OF CONTROLLING INTEREST

NRS 78.378              Applicability; imposition of stricter requirements; protection of corporation and its stockholders.

NRS 78.3781            Definitions.

NRS 78.3782            “Acquiring person” defined.

NRS 78.3783            “Acquisition” defined.

NRS 78.3784            “Control shares” defined.

NRS 78.3785            “Controlling interest” defined.

NRS 78.3786            “Fair value” defined.

NRS 78.3787            “Interested stockholder” defined.

NRS 78.3788            “Issuing corporation” defined.

NRS 78.3789            Delivery of offeror’s statement by acquiring person; contents of statement.

NRS 78.379              Voting rights of acquiring person; meeting of stockholders; statements to accompany notice of meeting.

NRS 78.3791            Approval of voting rights of acquiring person.

NRS 78.3792            Redemption of control shares.

NRS 78.3793            Rights of dissenting stockholders.

AMENDMENT AND RESTATEMENT OF ARTICLES OF INCORPORATION

NRS 78.380              Amendment of articles before issuance of voting stock.

NRS 78.385              Scope of amendments.

NRS 78.390              Amendment of articles after issuance of stock: Procedure.

NRS 78.403              Restatement of articles.

COMBINATIONS WITH INTERESTED STOCKHOLDERS

NRS 78.411              Definitions.

NRS 78.412              “Affiliate” defined.

NRS 78.413              “Associate” defined.

NRS 78.414              “Beneficial owner” defined.

NRS 78.416              “Combination” defined.

NRS 78.417              “Common shares” defined.

NRS 78.418              “Control,” “controlling,” “controlled by” and “under common control with” defined; presumption of control.

NRS 78.421              “Date of announcement” defined.

NRS 78.422              “Date of consummation” defined.

NRS 78.423              “Interested stockholder” defined.

NRS 78.424              “Market value” defined.

NRS 78.426              “Preferred shares” defined.

NRS 78.427              “Resident domestic corporation” defined.

NRS 78.428              “Securities Exchange Act” defined.

NRS 78.429              “Share” defined.

NRS 78.431              “Subsidiary” defined.

NRS 78.432              “Voting shares” defined.

NRS 78.433              Applicability: Generally.

NRS 78.434              Applicability: Election not to be governed by provisions.

NRS 78.436              Applicability: Combination with inadvertent interested stockholder.

NRS 78.437              Applicability: Combination with interested stockholder as of certain date.

NRS 78.438              Combination prohibited within 3 years after stockholder becomes interested; exception; action on proposal.

NRS 78.439              Authorized combinations: General requirements.

NRS 78.441              Authorized combinations: Consideration to be received by disinterested holders of common shares.

NRS 78.442              Authorized combinations: Consideration to be received by disinterested holders of class or series of shares other than common shares.

NRS 78.443              Authorized combinations: Required form and distribution of consideration.

NRS 78.444              Authorized combinations: Restrictions on beneficial ownership of additional voting shares by interested stockholder.

SALE OF ASSETS; DISSOLUTION AND WINDING UP

NRS 78.565              Sale, lease or exchange of assets: Authority; vote of stockholders.

NRS 78.570              Sale of property and franchise under decree of court.

NRS 78.575              Procedure for dissolution before payment of capital and beginning of business.

NRS 78.580              Procedure for dissolution after issuance of stock or beginning of business.

NRS 78.585              Continuation of corporation after dissolution for winding up business; limitation on actions by or against dissolved corporation.

NRS 78.590              Trustees of dissolved corporation: Powers of directors.

NRS 78.595              Trustees of dissolved corporation: Authority to sue and be sued; joint and several responsibility.

NRS 78.600              Trustees or receivers for dissolved corporations: Appointment; powers.

NRS 78.605              Jurisdiction of district court.

NRS 78.610              Duties of trustees or receivers; payment and distribution to creditors and stockholders.

NRS 78.615              Abatement of pending actions; substitution of dissolution trustees or receivers.

NRS 78.620              Dissolution or forfeiture of charter by decree of court; filing.

INSOLVENCY; RECEIVERS AND TRUSTEES

NRS 78.622              Reorganization under federal law: Powers of corporation.

NRS 78.630              Application of creditors or stockholders of insolvent corporation for injunction and appointment of receiver or trustee; hearing.

NRS 78.635              Appointment of receiver or trustee of insolvent corporation: Powers.

NRS 78.640              Property and privileges of insolvent corporation vest in appointed receiver.

NRS 78.645              Corporation may resume control upon payment of debts and receipt of capital to conduct business; order of court dissolving corporation and forfeiting charter.

NRS 78.650              Stockholders’ application for injunction and appointment of receiver when corporation mismanaged.

NRS 78.655              Reorganization of corporation by majority of stockholders during receivership.

NRS 78.660              Powers of district court.

NRS 78.665              Receiver to take possession of corporate assets upon court order.

NRS 78.670              Inventory, list of debts and reports by receiver.

NRS 78.675              Creditors’ proofs of claims; when participation barred; notice.

NRS 78.680              Creditors’ claims to be in writing under oath; examination of claimants.

NRS 78.685              Action on creditors’ claims; appeal of disallowed claims.

NRS 78.695              Substitution of receiver as party; abatement of actions.

NRS 78.700              Sales of encumbered or deteriorating property.

NRS 78.705              Compensation, costs and expenses of receiver.

NRS 78.710              Distribution of money to creditors and stockholders.

NRS 78.715              Acts of majority of receivers effectual; removal and vacancies.

NRS 78.720              Employees’ liens for wages when corporation insolvent.

REINCORPORATION; RENEWAL AND REVIVAL OF CHARTERS

NRS 78.725              Domestic corporations in existence on April 1, 1925, may reincorporate under this chapter.

NRS 78.730              Renewal or revival: Procedure; fee; certificate as evidence.

NRS 78.740              Renewal or revival: Status of corporation.

SUITS AGAINST CORPORATIONS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND STOCKHOLDERS

NRS 78.745              Action against stockholder for unpaid subscriptions; limitation of action.

NRS 78.747              Liability of stockholder, director or officer for debt or liability of corporation.

NRS 78.750              Service of process on corporations.

NRS 78.7502            Discretionary and mandatory indemnification of officers, directors, employees and agents: General provisions.

NRS 78.751              Authorization required for discretionary indemnification; advancement of expenses; limitation on indemnification and advancement of expenses.

NRS 78.752              Insurance and other financial arrangements against liability of directors, officers, employees and agents.

SECRETARY OF STATE: DUTIES AND FEES

NRS 78.755              Duties: Collection of fees; employment of new technology to aid in performance.

NRS 78.760              Filing fees: Articles of incorporation.

NRS 78.765              Filing fees: Certificate changing number of authorized shares; certificate of amendment to articles; certificate of correction; certificate of designation; certificate of termination; certificate of withdrawal.

NRS 78.767              Filing fees: Certificates of restated articles of incorporation.

NRS 78.780              Filing fee: Certificate of dissolution.

NRS 78.785              Miscellaneous fees.

MISCELLANEOUS PROVISIONS

NRS 78.795              Registration of natural person or corporation willing to serve as resident agent for corporation, limited-liability company or limited partnership.

 

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