Usa Nevada

USA Statutes : nevada
Title : Title 52 - TRADE REGULATIONS AND PRACTICES
Chapter : CHAPTER 602 - DOING BUSINESS UNDER ASSUMED OR FICTITIOUS NAME


      1.  Every person doing business in this state under an assumed or
fictitious name that is in any way different from the legal name of each
person who owns an interest in the business must file with the county
clerk of each county in which the business is being conducted a
certificate containing the information required by NRS 602.020 .

      2.  A person intending to conduct a business under an assumed or
fictitious name may, before initiating the conduct of the business, file
a certificate with the county clerk of each county in which the business
is intended to be conducted.

      [Part 1:156:1923; NCL § 4450]—(NRS A 1969, 67; 1973, 545; 1993,
1022; 2001, 810 ; 2003, 3190 )


      1.  No person may adopt any fictitious name which includes
“Corporation,” “Corp.,” “Incorporated” or “Inc.” in its title, unless
that person is a corporation organized or qualified to do business
pursuant to the laws of this State.

      2.  No person may adopt any fictitious name which includes
“Limited-Liability Company,” “Limited Liability Company,” “Limited
Company” or the abbreviation “L.L.C.,” “L.C.,” “LLC” or “LC” in its
title, unless that person is a limited-liability company organized or
registered to do business pursuant to the laws of this State.

      3.  No person may adopt any fictitious name which includes
“Business Trust” or the abbreviation “B.T.” or “BT” in its title, unless
that person is a business trust organized or registered to do business
pursuant to the laws of this State.

      4.  No person may adopt any fictitious name which includes
“Professional Corporation” or the abbreviation “Prof. Corp.,” “P.C.” or
“PC” or the word “Chartered” or the abbreviation “Chtd.” in its title,
unless that person is a professional corporation organized to do business
pursuant to the laws of this State.

      5.  No person may adopt any fictitious name which includes
“Professional Association,” “Professional Organization” or the
abbreviation “Prof. Ass’n” or “Prof. Org.” in its title, unless that
person is a professional association organized to do business pursuant to
the laws of this State.

      6.  No person may adopt any fictitious name which includes
“Limited” or the abbreviation “Ltd.” in its title, unless that person is
a corporation, limited-liability company, registered limited-liability
partnership, limited partnership or professional corporation organized,
qualified or registered to do business pursuant to the laws of this State.

      7.  No natural person may adopt any fictitious name which appears
to be the name of a natural person unless the name includes an additional
word or words which indicate that the fictitious name is not the name of
a natural person.

      8.  No county clerk may accept for filing a certificate which
violates any provision of this chapter.

      (Added to NRS by 1981, 240; A 2005, 2209 )


      1.  A certificate filed pursuant to NRS 602.010 or a renewal certificate filed pursuant to NRS
602.035 must state the assumed or
fictitious name under which the business is being conducted or is
intended to be conducted, and if conducted by:

      (a) A natural person:

             (1) His full name;

             (2) The street address of his residence or business; and

             (3) If the mailing address is different from the street
address, the mailing address of his residence or business;

      (b) An artificial person required to make annual filings with the
Secretary of State to retain its good standing:

             (1) Its name as it appears in the records of the Secretary
of State; and

             (2) Its mailing address;

      (c) A general partnership:

             (1) The full name of each partner who is a natural person;

             (2) The street address of the residence or business of each
partner who is a natural person;

             (3) If the mailing address is different from the street
address, the mailing address of the residence or business of each partner
who is a natural person; and

             (4) If one or more of the partners is an artificial person
described in paragraph (b), the information required by paragraph (b) for
each such partner; or

      (d) A trust:

             (1) The full name of each trustee of the trust;

             (2) The street address of the residence or business of each
trustee of the trust; and

             (3) If the mailing address is different from the street
address, the mailing address of the residence or business of each trustee
of the trust.

      2.  The certificate must be:

      (a) Signed:

             (1) In the case of a natural person, by him;

             (2) In the case of an artificial person required to make
annual filings with the Secretary of State to retain its good standing,
by a person required to sign the annual filing;

             (3) In the case of a general partnership, by each of the
partners who is a natural person, and if one or more of the partners is
an artificial person described in subparagraph (2), by an officer of the
corporation or a person required to sign the annual filing; or

             (4) In the case of a trust, by each of the trustees; and

      (b) Notarized, unless the board of county commissioners of the
county adopts an ordinance providing that the certificate may be filed
without being notarized.

      [Part 1:156:1923; NCL § 4450] + [2:156:1923; NCL § 4451]—(NRS A
1969, 67; 1993, 1022; 2001, 810 ; 2003, 3191 )
 The certificate must be
filed no later than 1 month after the commencement of business under an
assumed or fictitious name.

      [Part 3:156:1923; NCL § 4452]—(NRS A 1969, 67; 1973, 545; 1993,
1023)


      1.  The board of county commissioners of a county may provide, by
ordinance, that a certificate filed with the county clerk pursuant to NRS
602.010 expires 5 years after it is
filed.

      2.  If such an ordinance is adopted, on or before the expiration of
the certificate, the person doing business in the county under an assumed
or fictitious name that does not indicate the real name of each person
who owns an interest in the business must file a renewal certificate
containing the information required by NRS 602.020 with the county clerk.

      3.  A renewal certificate filed pursuant to this section:

      (a) Expires 5 years after it is filed with the county clerk.

      (b) Must include a statement indicating that the renewal
certificate expires 5 years after the date on which it is filed with the
county clerk.

      4.  Upon the adoption of such an ordinance, the county clerk shall
notify those persons who have filed certificates in the county pursuant
to NRS 602.010 that they are required
to renew those certificates pursuant to the provisions of this section by:

      (a) Publishing such notice in a newspaper of general circulation in
the county; and

      (b) Mailing such notice to the last known address of those persons.

      (Added to NRS by 2001, 810 ; A 2003, 3192 )
 On every change in the
partners of a general partnership or trustee of a trust doing business
under an assumed or fictitious name, a new certificate containing the
information required by NRS 602.020
must be filed with the county clerk within 1 month after such change.

      [4:156:1923; NCL § 4453]—(NRS A 1973, 545; 1993, 1023)
 Every county clerk shall keep, in alphabetical
order, in a book or other suitable index provided for that purpose, a
register of all the assumed or fictitious names as shown in the
certificates filed pursuant to this chapter, together with the following
information shown in the certificate for each assumed or fictitious name:

      1.  The name of each natural person, artificial person, general
partner or trustee conducting the business under such name.

      2.  The mailing or street address.

      [5:156:1923; A 1955, 16]—(NRS A 1969, 67; 1977, 468; 1981, 1795;
1991, 1323; 2003, 3192 )


      1.  Any person who has filed a certificate may, upon the
termination of the business or his ownership in it, file with the county
clerk where the certificate is on file a certificate of termination
stating that the person who filed the certificate has terminated the
business being conducted under the assumed or fictitious name or his
ownership in it and the date of the termination.

      2.  The certificate of termination must be notarized and signed in
the same manner as required by NRS 602.020 , except that it is sufficient if signed in the
case of a general partnership by only one partner or in the case of a
trust by only one trustee.

      3.  Upon the filing of a certificate of termination, the county
clerk shall note the termination in the book or other suitable index
required by NRS 602.050 .

      (Added to NRS by 1993, 1021; A 2001, 811 )
 A copy of the certificate so filed and copies of
the entries in the county clerk’s register, when duly certified by the
county clerk as true and correct, shall be prima facie evidence of the
facts stated therein and admissible in evidence in all courts of this
state.

      [6:156:1923; NCL § 4455]
 No action may be commenced or maintained by any person, mentioned
in NRS 602.010 , or by an assignee of
such a person, upon or on account of any contract made or transaction had
under the assumed or fictitious name, or upon or on account of any cause
of action arising or growing out of the business conducted under that
name, unless before the commencement of the action the certificate
required by NRS 602.010 has been filed.

      [7:156:1923; A 1925, 44; NCL § 4456]—(NRS A 1969, 68; 1973, 545;
1993, 1023)

 Limited partnerships formed and foreign limited partnerships registered
pursuant to chapter 88 of NRS are not
required to comply with the provisions of this chapter.

      [10:156:1923; NCL § 4459]—(NRS A 1969, 68; 1973, 546; 1987, 376;
2001, 812 )
 The
provisions of this chapter do not authorize a natural person to change
his name pursuant to this chapter, and a natural person who desires to
change his name must comply with the procedures set forth in NRS 41.270
, 41.280 and 41.290 .

      (Added to NRS by 2005, 2209 )
 A person doing business in this state
without complying with the requirements of this chapter or having falsely
filed a certificate of termination, is guilty of a misdemeanor.

      [8:156:1923; NCL § 4457]—(NRS A 1969, 68; 1993, 1023)




USA Statutes : nevada