§ 86.276 — Defaulting companies: Conditions and procedure for reinstatement

1. Except as otherwise provided in subsections 3 and 4 and NRS 86.246 , the Secretary of State shall reinstate any limited-liability company which has forfeited or which forfeits its right to transact business pursuant to the provisions of this chapter and shall restore to the company its right to carry on business in this State, and to exercise its privileges and immunities, if it:
(a) Files with the Secretary of State:
(1) The list required by NRS 86.263 ;
(2) The statement required by NRS 86.264 , if applicable;
(3) The information required pursuant to NRS 77.310 ; and
(4) 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 selected manager or managers of the limited-liability company or, if there are no managers, its managing members; 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 86.263 and 86.272 for each year or portion thereof during which it failed to file in a timely manner each required annual list;
(2) The fee set forth in NRS 86.264 , if applicable; and
(3) A fee of $300 for reinstatement.
2. When the Secretary of State reinstates the limited-liability company, the Secretary of State shall issue to the company a certificate of reinstatement if the limited-liability company:
(a) Requests a certificate of reinstatement; and
(b) Pays the required fees pursuant to NRS 86.561 .
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 charter occurred only by reason of failure to pay the fees and penalties.
4. If a company’s charter has been revoked pursuant to the provisions of this chapter and has remained revoked for a period of 5 consecutive years, the charter must not be reinstated.
5. Except as otherwise provided in NRS 86.278 , a reinstatement pursuant to this section relates back to the date on which the company forfeited its right to transact business under the provisions of this chapter and reinstates the company’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 1993, 1011 ; A 1995, 1130 ; 1997, 2814 ; 2001, 1390 , 3182 , 3199 ; 2003, 20th Special Session, 70 ; 2007, 1325 , 2424 , 2674 ; 2013, 858 ; 2019, 921 )