§ 82.5237 — Defaulting corporations: Conditions and procedure for reinstatement

1. Except as otherwise provided in subsections 3 and 4 and NRS 82.183 , the Secretary of State shall reinstate a foreign nonprofit corporation which has forfeited or which forfeits its right to transact business pursuant to the provisions of NRS 82.523 to 82.524 , inclusive, and restore to the foreign nonprofit corporation its right to transact business in this State, and to exercise its corporate privileges and immunities, if it:
(a) Files with the Secretary of State:
(1) A list as provided in NRS 82.523 ; and
(2) A declaration under penalty of perjury, on a form provided by the Secretary of State, that the reinstatement is authorized by a court of competent jurisdiction in this State or by the duly elected board of directors of the foreign nonprofit corporation or, if the foreign nonprofit corporation does not have a board of directors, the equivalent of such a board; and
(b) Except as otherwise provided in NRS 231.14057 , pays to the Secretary of State:
(1) The filing fee and penalty set forth in NRS 82.523 and 82.5235 for each year or portion thereof that its right to transact business was forfeited; and
(2) A fee of $100 for reinstatement.
2. When the Secretary of State reinstates the foreign nonprofit corporation, the Secretary of State shall issue to the foreign nonprofit corporation a certificate of reinstatement if the foreign nonprofit corporation:
(a) Requests a certificate of reinstatement; and
(b) Pays the fees as provided in subsection 7 of NRS 78.785 .
3. Except as otherwise provided in NRS 231.14057 , the Secretary of State shall not order a reinstatement unless all delinquent fees and penalties have been paid and the revocation of the right to transact business occurred only by reason of failure to pay the fees and penalties.
4. If the right of a foreign nonprofit corporation to transact business in this State has been forfeited pursuant to the provisions of this chapter and has remained forfeited for a period of 5 consecutive years, the right to transact business must not be reinstated.
5. Except as otherwise provided in NRS 82.5239 , a reinstatement pursuant to this section relates back to the date on which the foreign nonprofit corporation forfeited its right to transact business under the provisions of this chapter and reinstates the foreign nonprofit corporation’s right to transact business as if such right had at all times remained in full force and effect.

Legislative History

(Added to NRS by 2003, 20th Special Session, 52 ; A 2007, 1321 , 2422 , 2665 ; 2013, 852 ; 2019, 919 )