NRS 88A.732
Annual list: Filing requirements

  • fees
  • powers and duties of Secretary of State
  • regulations.

1.

Each foreign business trust doing business in this State shall, at the time of the filing of its application for registration as a foreign business trust with the Secretary of State, or, if the foreign business trust has selected an alternative due date pursuant to subsection 11, on or before that alternative due date, and annually thereafter on or before the last day of the month in which the anniversary date of its qualification to do business in this State occurs in each year, or, if applicable, on or before the last day of the month in which the anniversary date of the alternative due date occurs in each year, file with the Secretary of State a list, on a form furnished by the Secretary of State, that contains:

(a)

The name of the foreign business trust;

(b)

The file number of the foreign business trust, if known;

(c)

The name of at least one of its trustees;

(d)

The address, either residence or business, of the trustee listed pursuant to paragraph (c); and

(e)

The signature of a trustee of the foreign business trust, or some other person specifically authorized by the foreign business trust to sign the list, certifying that the list is true, complete and accurate.

2.

Each list required to be filed pursuant to this section must be accompanied by a declaration under penalty of perjury that:

(a)

The foreign business trust has complied with the provisions of chapter 76 of NRS;

(b)

The foreign business trust acknowledges that pursuant to NRS 239.330, it is a category C felony to knowingly offer any false or forged instrument for filing in the Office of the Secretary of State; and

(c)

None of the trustees identified in the list has been identified in the list with the fraudulent intent of concealing the identity of any person or persons exercising the power or authority of a trustee in furtherance of any unlawful conduct.

3.

Upon filing:

(a)

The initial list required by this section, the foreign business trust shall pay to the Secretary of State a fee of $150.

(b)

Each annual list required by this section, the foreign business trust shall pay to the Secretary of State a fee of $150.

4.

If a foreign business trust files an amended list of trustees with the Secretary of State within 60 days after the date on which the initial list required by this section is filed, the foreign business trust or the resigning trustee is not required to pay a fee for filing the amended list.

5.

Except as otherwise provided in subsection 4, if a trustee of a foreign business trust resigns and the resignation is not reflected on the annual or amended list of trustees, the foreign business trust or the resigning trustee shall pay to the Secretary of State a fee of $75 to file the resignation.

6.

The Secretary of State shall, 90 days before the last day for filing each annual list required by subsection 1, provide to each foreign business trust which is required to comply with the provisions of NRS 88A.732 to 88A.738, inclusive, and which has not become delinquent, a notice of the fee due pursuant to subsection 3 and a reminder to file the list required pursuant to subsection 1. Failure of any foreign business trust to receive a notice does not excuse it from the penalty imposed by the provisions of NRS 88A.732 to 88A.738, inclusive.

7.

If the list to be filed pursuant to the provisions of subsection 1 is defective or the fee required by subsection 3 is not paid, the Secretary of State may return the list for correction or payment.

8.

An annual list for a foreign business trust not in default which is received by the Secretary of State more than 90 days before its due date shall be deemed an amended list for the previous year and does not satisfy the requirements of subsection 1 for the year to which the due date is applicable.

9.

A person who files with the Secretary of State a list required by this section which identifies a trustee with the fraudulent intent of concealing the identity of any person or persons exercising the power or authority of a trustee in furtherance of any unlawful conduct is subject to the penalty set forth in NRS 225.084.

10.

For the purposes of this section, a person who is a beneficial owner is not deemed to exercise actual control of the daily operations of a foreign business trust based solely on the fact that the person is a beneficial owner.

11.

The Secretary of State may allow a foreign business trust to select an alternative due date for filing the initial list required by this section.

12.

The Secretary of State may adopt regulations to administer the provisions of subsection 11.

Source: Section 88A.732 — Annual list: Filing requirements; fees; powers and duties of Secretary of State; regulations., https://www.­leg.­state.­nv.­us/NRS/NRS-88A.­html#NRS88ASec732.

88A.010
Definitions.
88A.020
“Beneficial owner” defined.
88A.030
“Business trust” defined.
88A.040
“Foreign business trust” defined.
88A.050
“Governing instrument” defined.
88A.057
“Registered agent” defined.
88A.060
“Registered office” defined.
88A.110
“Trustee” defined.
88A.150
Applicability of chapter to foreign and interstate commerce.
88A.160
Applicability of laws pertaining to trusts
88A.170
Provisions of chapter may be altered or repealed.
88A.200
Purpose
88A.210
Filing requirements
88A.215
Penalty for purporting to do business as business trust without filing certificate of trust
88A.220
Amendment and restatement of certificate of trust.
88A.230
Name of trust: Distinguishable name required
88A.240
Name of trust: Reservation
88A.250
Certificate of amendment, restatement or cancellation and articles of merger: Filing and effectiveness of certificates and articles.
88A.260
Perpetual existence of trust
88A.270
Governing instrument: Optional provisions.
88A.280
Governing instrument: Optional provisions relating to management of trust and rights, duties and obligations of trustees, beneficial owners and other persons.
88A.300
General powers.
88A.310
Management of business and affairs by trustees
88A.320
Ownership of beneficial interest in trust: Participation in profits and losses
88A.330
Beneficial owners: Contributions to trust
88A.340
Maintenance of records at principal office in State or with custodian of records.
88A.345
Information concerning records
88A.350
Right of beneficial owners to inspect and copy ledger
88A.360
Duties and liabilities of trustee.
88A.370
Duties and liabilities of officer, employee, manager or other person acting pursuant to certificate of trust or governing instrument.
88A.380
Enforceability of debts, liabilities, obligations and expenses against assets of series of trustees, beneficial owners or beneficial interests.
88A.390
Liability of beneficial owner, trustee, officer, agent, manager or employee for debts or liabilities of trust.
88A.400
Indemnification of trustee, beneficial owner or other person.
88A.410
Derivative actions: Authority of beneficial owner to bring action
88A.420
Cancellation of certificate of trust upon termination of trust.
88A.500
Requirement
88A.520
Powers
88A.530
Resignation of registered agent or termination of registration of commercial registered agent.
88A.600
Filing requirements
88A.610
Certificate of authorization to transact business.
88A.620
Addresses of trustees required
88A.630
Defaulting trusts: Identification
88A.640
Defaulting trusts: Duties of Secretary of State
88A.650
Defaulting trusts: Conditions and procedure for reinstatement.
88A.660
Defaulting trusts: Reinstatement or revival under old or new name.
88A.665
Cancellation of revoked certificate of trust without additional fees and penalties
88A.700
Laws governing organization, internal affairs and liability of beneficial owners, trustees, officers, employees and managers.
88A.710
Filing requirements
88A.720
Issuance of certificate of registration by Secretary of State.
88A.730
Registration of name.
88A.732
Annual list: Filing requirements
88A.733
Certificate of authorization to transact business.
88A.734
Addresses of trustees required
88A.735
Defaulting trusts: Identification
88A.736
Defaulting trusts: Duties of Secretary of State.
88A.737
Defaulting trusts: Conditions and procedure for reinstatement.
88A.738
Defaulting trusts: Reinstatement or revival under old or new name
88A.739
Cancellation of revoked registration without additional fees and penalties
88A.740
Cancellation of registration.
88A.745
Renewal or revival of right to transact business: Procedure
88A.750
Penalty for transacting business without registration
88A.890
Form required for filing of records.
88A.900
Fees.
88A.910
Manner in which record may be filed.
88A.920
Procedure to submit replacement page to Secretary of State before actual filing of record.
88A.930
Correction of inaccurate or defective record filed with Secretary of State
88A.935
Manner of storage of records
88A.940
Secretary of State authorized to adopt certain regulations to allow business trust to carry out powers and duties through most recent technology.
88A.950
Renewal or revival of certificate: Procedure
88A.7345
List or statement to be maintained at principal place of business or with custodian of records
Last Updated

Feb. 5, 2021

§ 88A.732’s source at nv​.us