NAC225.120. Demand for information to substantiate accuracy; response; contents; evaluation; communication of findings.

     1. If the information provided in a complaint or received as a result of an investigation of another matter is sufficient for further process or investigation, the Secretary of State may demand information substantiating the accuracy of a filing alleged to be in violation of NRS 225.084. The demand must be made in writing to the entity referenced in the record, through the registered agent of the entity, and to the person who submitted the record alleged to be in violation of NRS 225.084.

     2. A response to a demand for information by the Secretary of State must include, at a minimum, the following information:

     (a) The name, street address, telephone number and, if applicable, the electronic mail address and any additional contact information of the person responding to the demand for information;

     (b) The name of the entity from which the Secretary of State is demanding a response;

     (c) Information, if known, identifying all persons involved in the alleged violation of NRS 225.084, including, without limitation, names, street addresses, telephone numbers, and website and electronic mail addresses;

     (d) Information identifying the nature of any business or personal relationship between the aggrieved person and all persons involved in the alleged violation of NRS 225.084;

     (e) Any additional information that the person responding to the demand believes may be useful in an investigation of the complaint or alleged violation of NRS 225.084; and

     (f) A declaration under penalty of perjury under the laws of the State of Nevada that the information provided in the response is true and correct to the best of the signatory’s knowledge and a statement that the information in the response may be used by the Secretary of State and other entities to investigate further the complaint or alleged violation of NRS 225.084. The declaration and statement must be followed by the printed name and signature of the person responding to the demand and the date on which the response was signed.

     3. The person responding to the demand may include in his or her response photocopies of any documents which he or she believes may be useful in an investigation of the complaint or alleged violation of NRS 225.084.

     4. If, within 30 days after mailing the demand pursuant to subsection 1, the Secretary of State receives information in response to his or her demand, the Secretary of State will evaluate the information received in response to the demand. If the Secretary of State deems the information received in response to his or her demand to be valid, he or she may consider the filing as valid. If the Secretary of State deems the information received in response to his or her demand to be invalid, he or she may consider the information in the complaint as valid and, through the filing of a filing officer statement, may correct the record and the information at issue in the database and on the website of the Secretary of State.

     5. If, within 30 days after mailing the demand pursuant to subsection 1, the Secretary of State does not receive information in response to his or her demand, he or she may deem the information in the complaint to be valid and, through the filing of a filing officer statement, may correct the record and the information at issue in the database and on the website of the Secretary of State.

     6. The Secretary of State will communicate his or her finding:

     (a) To the aggrieved person at the address provided on the complaint form; and

     (b) To the entity referenced in the record at the address on file for the entity with the Secretary of State.

     (Added to NAC by Sec’y of State by R081-08, eff. 12-17-2008)