Nevada § 86.548 - Penalty for transacting business without registration; enforcement; regulations

§ 86.548. Penalty for transacting business without registration; enforcement; regulations

1. Every foreign limited-liability company transacting business in this State which

willfully fails or neglects to register with the Secretary of State in accordance

with the provisions of NRS 86.544 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. Every foreign limited-liability company transacting business in this State which

fails or neglects to register with the Secretary of State in accordance with the provisions

of NRS 86.544 may not commence or maintain any action, suit or proceeding in any court of this

State until it has registered with the Secretary of State. 3. The failure of a foreign limited-liability company to register with the Secretary

of State does not impair the validity of any contract or act of the foreign limited-liability

company, or prevent the foreign limited-liability company from defending any action,

suit or proceeding in any court of this State. 4. When the Secretary of State is advised that a foreign limited-liability company

is subject to the fine described in subsection 1, the Secretary of State may, as soon

as practicable, refer the matter to the district attorney of the county where the

foreign limited-liability company has its principal place of business or the Attorney

General, or both, for a determination of whether to institute proceedings to recover

the fine. The district attorney of the county where the foreign limited-liability company

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 foreign limited-liability company to answer any interrogatory

submitted by the Secretary of State that will assist in the investigation. 6. A foreign limited-liability company, by transacting business in this State without

registering with the Secretary of State, appoints the Secretary of State as its agent

for service of process with respect to causes of action arising out of the transaction

of business in this State by the foreign limited-liability company. 7. The Secretary of State may adopt regulations to administer the provisions of this

section.