NAC77.040. Registered agent or certain other persons willing to serve as registered agent prohibited from producing or directing production of certain written material appearing to be associated with Secretary of State or other public agency in this State; registered agent or other person soliciting entity with intent to serve as registered agent prohibited from producing or directing production of certain written material without certain statement; exception.

     1. Except as otherwise provided in subsection 4, a registered agent or other person who holds himself or herself out as willing to serve as the registered agent of an entity in Nevada shall not produce or direct the production of any correspondence, publication, website or other written material, whether in printed or electronic form, which appears to be affiliated with, endorsed by, sponsored by or otherwise an official notice from the Secretary of State or another public agency in this State.

     2. A registered agent or other person who actively solicits an entity in Nevada that the registered agent or other person does not represent, with the intent to serve as the registered agent of that entity, shall not produce or direct the production of any correspondence, publication, website or other written material, whether in printed or electronic form, in which the registered agent or other person advertises its willingness to act as the registered agent of an entity in Nevada in exchange for a fee or other compensation unless the correspondence, publication, website or other written material prominently displays the following statement:

This is a third-party solicitation and is NOT official correspondence from the Office of the Nevada Secretary of State. You are under no legal obligation to respond to this correspondence.

     3. The statement required pursuant to subsection 2 must be placed on a separate line at the top of the correspondence, publication, website or other written material in at least 14-point bold font or, if the text of the main body of the correspondence, publication, website or other written material is larger than 12-point font, in a bold font at least 2 points larger than the text of the main body of the correspondence, publication, website or other printed material.

     4. The provisions of this section do not apply to any communication between a registered agent and an entity for which the registered agent is serving as registered agent.

     (Added to NAC by Sec’y of State by R067-11, eff. 5-30-2012; A by R079-13, 12-23-2013)