Nevada State Executive Department

Sec. § 225.084
Civil liability for filing record which is forged or fraudulently altered, contains false statement of material fact or is being filed in bad faith or to harass or defraud; rights, remedies and penalties cumulative; 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 205.397 or 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.
Source

Last accessed
Feb. 5, 2021

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