NRS 77.447 Penalties; notice of alleged violation; opportunity to correct alleged violation.

325 words·~1 min read·/nv/chapter-77-model-registered-agents-act/77-447

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

1. A person who violates a provision of this chapter is subject to a civil penalty of not more than $500 per violation and not more than $10,000 in the aggregate, to be recovered in a civil action brought in the district court in the county in which the person’s principal place of business is located or in the district court of Carson City. The court may reduce the amount of the civil penalty imposed by the Secretary of State if the court determines that the amount of the civil penalty is disproportionate to the violation.

2. Except as otherwise provided in subsection 3, before filing a civil action to recover a civil penalty pursuant to subsection 1, if the person who allegedly violated a provision of this chapter has not been issued a written notice of a violation of this chapter within the immediately preceding 3 years, the Secretary of State must provide to the person written notice of the alleged violation and 10 business days to correct the alleged violation. The Secretary of State may provide a greater period to correct the alleged violation as the Secretary of State deems appropriate.

3. If a person who allegedly violated a provision of this chapter engaged in conduct in the course of acting as a registered agent that was intended to deceive or defraud the public or to promote illegal activities, the Secretary of State may take any or all of the following actions:

(a)File a civil action pursuant to subsection 1 without providing the notice and the opportunity to correct the alleged violation required by subsection 2.

(b)Deny or revoke the person’s registration as a commercial registered agent.

(c)Issue an order requiring the person to comply with the provisions of this chapter.

(d)Refuse to accept filings for entities for which the person serves as registered agent.

MISCELLANEOUS PROVISIONS