Nev. Rev. Stat. » NRS: CHAPTER 80 - FOREIGN CORPORATIONS

Nev. Rev. Stat. § 80.055

Penalty for failure to comply with requirements for qualification; enforcement; regulations

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NRS 80.055  Penalty for failure to comply with requirements for qualification; enforcement; regulations.

      1.  Every corporation which willfully fails or neglects to comply with the provisions of NRS 80.010 to 80.040, inclusive, is subject to a fine of not less than $1,000 but not more than $10,000, to be recovered in a court of competent jurisdiction.

      2.  Except as otherwise provided in subsection 3, every corporation which fails or neglects to comply with the provisions of NRS 80.010 to 80.040, inclusive, may not commence or maintain any action or proceeding in any court of this State until it has fully complied with the provisions of NRS 80.010 to 80.040, inclusive.

      3.  An action or proceeding may be commenced by such a corporation if an extraordinary remedy available pursuant to chapter 31 of NRS is all or part of the relief sought. Such an action or proceeding must be dismissed without prejudice if the corporation does not comply with the provisions of NRS 80.010 to 80.040, inclusive, within 45 days after the action or proceeding is commenced.

      4.  When the Secretary of State is advised that a corporation is doing business in contravention of NRS 80.010 to 80.040, inclusive, the Secretary of State may, as soon as practicable, refer the matter to the district attorney of the county where the corporation has its principal place of business or the Attorney General, or both, for a determination of whether to institute proceedings to recover any applicable fine provided for in this section. The district attorney of the county where the corporation has its principal place of business or the Attorney General may institute and prosecute the appropriate proceedings to recover the fine. If the district attorney or the Attorney General prevails in a proceeding to recover the fine described in subsection 1, the district attorney or the Attorney General is entitled to recover the costs of the proceeding, including, without limitation, the cost of any investigation and reasonable attorney’s fees.

      5.  In the course of an investigation of a violation of this section, the Secretary of State may require a corporation to answer any interrogatory submitted by the Secretary of State that will assist in the investigation.

      6.  The failure of a corporation to comply with the provisions of NRS 80.010 to 80.040, inclusive, does not impair the validity of any contract or act of the corporation, or prevent the corporation from defending any action, suit or proceeding in any court of this State.

      7.  The Secretary of State may adopt regulations to administer the provisions of this section.

      [3:89:1907; RL § 1350; NCL § 1843]—(NRS A 1989, 17; 1993, 986; 2009, 1684; 2013, 846)

REGISTERED AGENT

     

Notes of Decisions
Cited in 8 cases (4 in the last 5 years), 2005–2022 · leading case: AA PRIMO BUILDERS, LLC v. Washington
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AA PRIMO BUILDERS, LLC v. Washington (2010) nev “210 (now NRS 80.055) to condition commencement and maintenance of a lawsuit for foreign corporations on initial qualification rather than continuous upkeep of its qualification).”
RTTC Communications, LLC v. Saratoga Flier, Inc. (2005) nev “Alternatively, RTTC argues that Pinsker had no standing to bring a collection action, since Pinsker had not qualified and filed as a foreign corporation doing business in Nevada as required by NRS 80.055. The issue of whether or not Pinsker’s single transaction is considered…”
Stockmeier v. Nevada Department of Corrections Psychological Review Panel (2006) nev “3d 24, 27 (2005) (standing under NRS 80.055). 29 Black’s Law Dictionary 1178 (8th ed.”
Willis v. Fed. National Mortg. Ass'n. (2016) nev · cites it 2× “ted Local Justice Court Rule of Practice 17 when submitting the proposed transfer order to the justice court judge, (4) violated Local Justice Court Rule of Civil Procedure 5(b) upon the transfer order's entry, or (5) lacked standing to institute the underlying action based…”
Lau v. City Of Las Vegas (2022) nev · cites it 2× “NRS 80.055(6) permits an unregistered foreign corporation to defend any action or proceeding brought against it.”
Lau v. City Of Las Vegas (2022) nev “NRS 80.055(6) permits an unregistered foreign corporation to defend any action or proceeding brought against it.”
Evanston Insurance Company v. Venture Point, LLC (2021) nvd “at § 80.055. Defendants argue that they searched the Secretary of State 19 website and did not find Evanston’s registered corporation listed along with the foreign 20 corporations that had complied with NRS 80.”
Garmong v. Tahoe Regional Planning Agency (2021) nvd “17 NRS 80.055. Consequently, the Court dismisses this cause of action, and in sum, it dismisses all 18 causes of action against Defendants.”
— Nev. Rev. Stat. § 80.055(6) — 2 cases
Lau v. City Of Las Vegas (2022) nev “NRS 80.055(6) permits an unregistered foreign corporation to defend any action or proceeding brought against it.”
Lau v. City Of Las Vegas (2022) nev “NRS 80.055(6) permits an unregistered foreign corporation to defend any action or proceeding brought against it.”
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