NAC80.415. Determination regarding sufficiency of complaint by Secretary of State: Notice of deficiencies; demand for response; referral for legal proceedings.

     1. If the Secretary of State determines that the information provided with a complaint filed pursuant to NAC 80.405 is not sufficient to warrant further investigation or processing of the complaint, the Secretary of State will send to the complainant written notification of the deficiencies in the complaint.

     2. If the Secretary of State determines that the information provided with a complaint filed pursuant to NAC 80.405 or obtained during the course of an investigation of another matter is sufficient to warrant further investigation or processing, the Secretary of State may send a written demand for a response to the complaint or investigation to the corporation alleged to be subject to the fine set forth in NRS 80.055.

     3. A response demanded pursuant to subsection 2 must be:

     (a) Completed and returned to the Office of the Secretary of State within the time specified in the written demand; and

     (b) Signed under oath by a person in a position of responsibility with the respondent.

     4. If, based on the information submitted with a complaint, any information obtained during an investigation of the complaint and any information included in a response demanded pursuant to subsection 2, the Secretary of State determines that a corporation is subject to the fine set forth in NRS 80.055, the Secretary of State may demand that the corporation file any document required to bring the corporation into compliance with the applicable requirements of chapter 80 of NRS and pay any fee, penalty or fine required by the laws of this State.

     5. If, in response to the demand of the Secretary of State pursuant to subsection 4, the corporation does not file a document required to bring the corporation into compliance with the applicable requirements of chapter 80 of NRS or pay any fee, penalty or fine required by the laws of this State, the Secretary of State may refer the matter to the district attorney of the county in which the corporation has its principal place of business or the Attorney General, or both, and request that the district attorney or Attorney General institute legal proceedings to require the corporation to file any document required to bring the corporation into compliance with the applicable requirements of chapter 80 of NRS and to pay any fee, penalty or fine required by the laws of this State.

     6. The Secretary of State may communicate any findings made or actions taken in response to a complaint or the investigation of a complaint to:

     (a) The complainant at the address provided on the complaint form; and

     (b) The corporation which is alleged to be subject to the fine set forth in NRS 80.055 at the last known address of the corporation or through the corporation’s registered agent of record.

     (Added to NAC by Sec’y of State by R070-11, eff. 5-30-2012)