Existing law requires each person conducting a business in this State to obtain a state business license issued by the Secretary of State. (NRS 76.100) Existing law also: (1) establishes certain fees that are required to be paid to the Secretary of State to form a business entity or transact business in this State as a foreign business entity; and (2) requires business entities to file an annual list of the officers, directors, members and partners, as applicable, of the business entity, and pay an annual fee to the Secretary of State to maintain the authority to transact business in this State as a business entity. (See, e.g., NRS 78.150, 78.760, 80.050, 80.110, 86.263, 86.5461, 86.561) Sections 1, 3, 4, 7-10, 13-16, 18-21, 23, 25-27, 29-35, 37, 39-44, 47-53, 56-69 and 71-74 of this bill authorize the Secretary of State to establish by regulation different amounts for: (1) the annual state business license fee, the fees to form a business entity or transact business in this State as a foreign business entity in this State, and the fees for the filing of an annual list by a business entity; and (2) the penalties and fees for failing to pay such fees in a timely manner. Sections 2 and 75 of this bill make conforming changes to update references to provisions renumbered by this bill. Existing law prohibits certain records which are written in a language other than English from being filed or submitted for filing in the Office of the Secretary of State unless accompanied by a verified translation of that record into the English language. (NRS 78.028, 78A.015, 81.003, 82.528, 84.008, 86.566, 87A.270, 88.338, 89.027, 600.025) Sections 5, 11, 17, 22, 24, 36, 46, 55, 70 and 76 of this bill authorize the Office of the Secretary of State to accept for filing a record which is written in a language other than English if the Secretary of State determines that sufficient resources are available to provide for a verified translation of that record into the English language. Existing law prohibits the Secretary of State from accepting for filing documents used to form certain business entities, documents which amend the documents used to form such entities or the records required to be filed by a foreign corporation before doing business in this State, if the document or record provides that the name of the business entity contains the words “architect,” “architecture,” “registered architect,” “licensed architect,” “registered interior designer,” “registered interior design,” “residential designer,” “registered residential designer,” “licensed residential designer” or “residential design,” unless the State Board of Architecture, Interior Design and Residential Design certifies that: (1) the principals of the business entity hold a certificate of registration to practice the relevant profession; or (2) the business entity meets the requirements to do business as an entity whose ownership consists of both persons who are qualified to practice the relevant profession and persons who are not so qualified or who are qualified to practice a different profession regulated by the Board. (NRS 78.045, 80.010, 86.171, 87.450, 87A.175, 88.320, 623.349) As an alternative to a certification from the Board, Sections 6, 12, 28, 38, 45, and 54 of this bill authorize the Secretary of State to accept documents on behalf of a business entity that uses one of the restricted professional titles in its name if the principals of the business entity present documentation satisfactory to the Secretary of State that: (1) the principals hold a certificate of registration to practice the relevant profession; or (2) the business entity meets the requirements to do business as an entity whose ownership consists of both persons who are qualified to practice the relevant profession and persons who are not so qualified or who are qualified to practice a different profession regulated by the Board. Existing law authorizes a person who is using a trademark, trade name or service mark in this State to register that mark with the Secretary of State. (NRS 600.340) The Secretary of State is authorized, for the purposes of administrative convenience, to adopt regulations that define general classes of goods and services for which a mark may be registered. (NRS 600.400) An application for registration must identify the class of the goods or services, as designated by the Secretary of State, in connection with which the mark is used. (NRS 600.340) Section 79 of this bill removes the authority for the Secretary of State to define the classes of goods and services for which a mark may be registered and instead sets forth the schedule of classes of goods and services adopted by the United States Patent and Trademark Office for the purpose of classifying marks which are registered federally. Section 77 of this bill makes a conforming change to reflect that the classes of goods and services for which a mark may be registered will no longer be defined by the Secretary of State. Existing law authorizes a person to assign a mark and its registration. (NRS 600.370) Section 78 of this bill requires an assignment of a mark to be made on a form prescribed by the Secretary of State.

Statutes affected:
As Introduced: 76.100, 76.103, 76.110, 76.130, 78.028, 78.045, 78.150, 78.170, 78.180, 78.760, 78A.015, 80.010, 80.050, 80.110, 80.150, 80.170, 81.003, 82.193, 82.523, 82.5235, 82.5237, 82.528, 82.531, 84.008, 84.015, 84.110, 84.150, 86.171, 86.263, 86.272, 86.276, 86.5461, 86.5465, 86.5467, 86.561, 86.566, 87.440, 87.450, 87.510, 87.520, 87.530, 87.541, 87.5425, 87.5435, 87A.175, 87A.270, 87A.290, 87A.300, 87A.310, 87A.315, 87A.560, 87A.585, 87A.595, 88.320, 88.338, 88.395, 88.400, 88.410, 88.415, 88.591, 88.593, 88.594, 88A.600, 88A.630, 88A.650, 88A.732, 88A.735, 88A.737, 88A.900, 89.027, 89.210, 89.250, 89.252, 89.256, 353.007, 600.025, 600.340, 600.370, 600.400
BDR: 76.100, 76.103, 76.110, 76.130, 78.028, 78.045, 78.150, 78.170, 78.180, 78.760, 78A.015, 80.010, 80.050, 80.110, 80.150, 80.170, 81.003, 82.193, 82.523, 82.5235, 82.5237, 82.528, 82.531, 84.008, 84.015, 84.110, 84.150, 86.171, 86.263, 86.272, 86.276, 86.5461, 86.5465, 86.5467, 86.561, 86.566, 87.440, 87.450, 87.510, 87.520, 87.530, 87.541, 87.5425, 87.5435, 87A.175, 87A.270, 87A.290, 87A.300, 87A.310, 87A.315, 87A.560, 87A.585, 87A.595, 88.320, 88.338, 88.395, 88.400, 88.410, 88.415, 88.591, 88.593, 88.594, 88A.600, 88A.630, 88A.650, 88A.732, 88A.735, 88A.737, 88A.900, 89.027, 89.210, 89.250, 89.252, 89.256, 353.007, 600.025, 600.340, 600.370, 600.400