AB154_EN

Assembly Bill No. 154–Committee on Commerce and Labor

CHAPTER..........

AN ACT relating to business practices; requiring the certificate that a person who conducts business in this state under an assumed or fictitious name is required to file with the county clerk to be notarized; providing for the renewal of such a certificate; and providing other matters properly relating thereto.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 602 of NRS is hereby amended by adding thereto a

new section to read as follows:

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

cause to be published in a newspaper of general circulation in the

county notice that those persons who have filed certificates in the county

pursuant to NRS 602.010 are required to renew those certificates

pursuant to the provisions of this section.

Sec. 2. NRS 602.010 is hereby amended to read as follows:

602.010 1. Every person doing business in this state under an

assumed or fictitious name which does not [show] indicate the real 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.

3. If the board of county commissioners of a county has adopted an

ordinance pursuant to section 1 of this act, a certificate filed pursuant to

this section expires 5 years after it is filed with the county clerk.

Sec. 3. NRS 602.020 is hereby amended to read as follows:

602.020 1. [The] A certificate filed pursuant to NRS 602.010 or a

renewal certificate filed pursuant to section 1 of this act 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[, his] :

(1) His full name [and] ;

(2) The street address[, either] 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, its name as it appears in the

records of the secretary of state;

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

(2) The street address[, either] 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 if] ; and

(4) If one or more of the partners is an artificial person described in

[subsection] paragraph (b), the information required by [subsection]

paragraph (b) for each such partner; or

(d) A trust[, the] :

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

(2) The street address[, either] 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 : [signed:]

(a) Signed:

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

[(b)] (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;

[(c)] (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 [subsection (b),] subparagraph (2), by an officer of

the corporation or [an authorized representative of the artificial person; or

(d)] a person required to sign the annual filing; or

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

(b) Notarized.

Sec. 4. NRS 602.055 is hereby amended to read as follows:

602.055 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.

Sec. 5. NRS 602.080 is hereby amended to read as follows:

602.080 [1. Partnerships which were engaged in business before

March 20, 1923, and which had complied with the provisions of chapter

40, Statutes of Nevada 1887, are not required to comply with the

provisions of this chapter except as to subsequent changes in membership

of the partnerships.

2.] 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.

Sec. 6. NRS 369.190 is hereby amended to read as follows:

369.190 1. An application for any of the licenses described in NRS

369.180 must be made to the board of county commissioners of the county

in which the applicant maintains his principal place of business.

2. Each application must:

(a) Be made on such form as the department prescribes.

(b) Include the name and address of the applicant. If the applicant is:

(1) A partnership, the application must include the names and

addresses of all partners.

(2) A corporation, association or other organization, the application

must include the names and addresses of the president, vice president,

secretary and managing officer or officers.

(3) A person carrying on or transacting business in this state under an

assumed or fictitious name, the person making the application [shall attach

thereto:]

must attach to the application:

(I) A certified copy of the certificate required by NRS 602.010[.]

or any renewal certificate required by section 1 of this act.

(II) A certificate signed by an officer of the corporation or by each

person interested in, or conducting or carrying on such business, or

intending so to do, and acknowledged before a person authorized to take

acknowledgments of conveyances of real property, indicating the name of

the authorized representative whose signature may be required on the

license under the provisions of this chapter.

the license is sought.

(d) Be accompanied by the annual license fee required for the particular

license for which application is made.

3. The board of county commissioners shall examine all applications

filed with it, and [in addition thereto] shall require satisfactory evidence

that the applicant is a person of good moral character.

Sec. 7. NRS 370.100 is hereby amended to read as follows:

370.100 An application for a cigarette dealer’s license [shall:] must:

1. Be made to the department on forms prescribed by the department.

2. Include the name and address of the applicant. If the applicant is a

partnership, the application [shall] must include the names and addresses

of all partners. If the applicant is a corporation, association or other

organization, the application [shall] must include the names and addresses

of the president, vice president, secretary and managing officer or officers.

3. Specify the location, by street and number, of the premises for

which the license is sought.

4. Be accompanied by the required license fee.

5. Be accompanied by a certified copy of the certificate required by

NRS 602.010[.] or any renewal certificate required by section 1 of this

act.

Sec. 8. NRS 683A.240 is hereby amended to read as follows:

683A.240 1. [Every] An unincorporated licensee or unincorporated

applicant for a license under this chapter who desires to use a name other

than its true name as [shown] indicated on its license [shall] must file with

the commissioner a certified copy of the entry of the county clerk and of

the certificate or any renewal certificate filed under chapter 602 of NRS.

[Every] An incorporated licensee and incorporated applicant must file with

the commissioner in writing the corporation’s true name and [also all] the

fictitious names under which it conducts or intends to conduct business.

After licensing, [every such] each licensee shall file promptly with the

commissioner written notice of any change in or discontinuance of the use

of any such name.

2. The commissioner may in writing disapprove the use of any true

name, other than the bona fide natural name of an individual applicant or

licensee, or any fictitious name used or proposed to be used by any

applicant or licensee, on any of the following grounds:

(a) The name interferes with or is deceptively similar to a name already

filed and in use by another licensee.

(b) Use of the name may mislead the public in any respect.

insurer, motor club, hospital service plan or is entitled to engage in

insurance activities not [permitted] authorized under licenses which it

holds or has applied for.

(d) The name states or implies that the licensee is an underwriter. [This

paragraph does not prevent an] The provisions of this paragraph do not

prohibit:

(1) An individual life agent licensee or [an] individual life insurance

broker licensee from describing himself as an underwriter[,] or from using

the designation “chartered life underwriter” if he is entitled [thereto, or

prevent a] to use that designation;

(2) A natural person who is a property and casualty licensee from

using the designation “chartered property and casualty underwriter” if he

is entitled [thereto, or prevent an] to use that designation; or

(3) An insurance agent or broker trade association from using a name

containing “underwriter.”

(e) The licensee has already filed and not discontinued use of more than

two names, including the true name.

3. A licensee shall not use a name after written notice from the

commissioner that its use is contrary to this section. If the commissioner

determines that [such] the use of the name is justified by mitigating

circumstances, he may in writing [permit] authorize the use of the name to

continue for a specified reasonable period upon conditions imposed by

him for the protection of the public consistent with the purposes of this

section.

4. Paragraphs (a), (c) and (d) of subsection 2 do not apply to the true

name of any organization which on July 1, 1965, held under [such] that

name any type of license similar to those provided for under this chapter,

or to any fictitious name in use on July 1, 1965, by any natural person or

organization holding any type of license similar to those provided for under

this chapter, if the fictitious name was filed with the commissioner on or

before July 1, 1965.

Sec. 9. NRS 686A.370 is hereby amended to read as follows:

686A.370 1. [Every] An unincorporated licensee or unincorporated

applicant for a license who desires the issuance of a license under a

fictitious name [shall] must file with the commissioner a certified copy of

the entry in the county clerk’s register and of the certificate or any

renewal certificate filed pursuant to chapter 602 of NRS. [Every] An

incorporated licensee and incorporated applicant [shall] must file with the

commissioner in writing the corporation’s true name and [also all] the

fictitious names under which it conducts or intends to conduct business in

this state. After licensing, [every] each licensee shall file promptly with

the commissioner written notice of any change in or discontinuance of any

fictitious name.

2. The commissioner may in writing disapprove the use of any true

name, other than the bona fide natural name of a natural person, or any

fictitious name used or proposed to be used by any applicant or licensee,

on any of the following grounds:

(a) The name interferes with or is deceptively similar to a name already

filed and in use by another licensee;

(b) Use of the name may mislead the public in any respect; or

or is entitled to engage in insurance activities not [permitted] authorized

under the licenses which he holds or for which he has applied.

Sec. 10. NRS 602.015 is hereby repealed.

Sec. 11. This act becomes effective on July 1, 2001.

TEXT OF REPEALED SECTION

602.015 Filing by corporations doing business in state on July 1,

1969. Any corporation conducting, carrying on or transacting business in

this state under an assumed or fictitious name or designation on July 1,

1969, shall within 30 days after July 1, 1969, file the certificate required

by NRS 602.010.

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