Banner image

Nevada Changes Requirement for New Business Filings

blog-image
Legal Business Representation Dec 19, 2017

Business owners who are considering where to incorporate a business or form an LLC may look at Nevada because of advantages in its laws and state tax.

Nevada doesn’t have a state corporate income tax, and there are no fees on corporate shares. In addition, there’s no personal income tax nor franchise tax for corporations or LLCs in Nevada (but initial and annual statement fees and a business license fee apply, which are significantly higher than California), and corporate shareholders, officers, directors, and LLC members or managers need not be Nevada residents.

However, Nevada has specific filing requirements with the Secretary of State for domestic and foreign business entities: they must file an initial list of directors and officers or other persons holding the equivalent positions in other business structures.

Previously, the initial list was due on or before the last day of the month after filing the formation document. In the past, 15% of Nevada businesses failed to file the initial list and were in default in their first year of existence and many failed to file annually. But a new law has changed these requirements.

Domestic (Nevada) Entities

With the passing AB 123, the filing due date of the business’s initial list for all the types of entities recognized in Nevada has changed, and each domestic business entity must now file its initial list at the time it files its formation document with the Secretary of State. These documents include articles of incorporation, articles of organization, certificate of limited partnership, certificate of LLP registration, certificate of trust, and articles of association.

The goal of this bill is to have the information filed right away to increase the State’s collections. There is no increase in fees, and legislators feel that businesses will be better informed and in compliance. To be sure, this change at the very least will avoid a brand new entity from going into default, although it requires more information to be submitted and decisions to be made before even becoming an official entity.

Foreign Entities

Likewise, foreign business entities must now file their initial lists when they file their application for registration with the Secretary of State of Nevada. If either a domestic or foreign business entity files an amended list with the Secretary of State within 60 days after the date on which the initial list was required to be filed, the Secretary of State will not assess a new filing fee, which will allow adjustments to be made as a new business gets off its feet.

Summary

There are many benefits to creating a separate business entity or corporation to run your business, like privacy, taxes, and the protection of your non-business assets. Where you incorporate can make a big difference to your bottom line because some states like Nevada are more business-friendly than others and sometimes it makes sense to consider “foreign” jurisdictions as your principal place of business.

NM Law represents individuals and entities based throughout the United States and abroad, and one of their primary practice areas is business formation and transactions, including keeping entities in compliance with state filing requirements and keeping businesses in good standing in all jurisdictions where they do business. For questions about your business incorporation or registration in Nevada, California, or elsewhere, contact NM Law at (949-253-0000) to speak to an experienced business planning attorney.

 

Disclaimer: This article is intended to provide a general summary of laws in the State of California and should not be construed as a legal opinion nor a complete legal analysis of the subject matter. Noelle Minto is an attorney at NM Law, APC in Tustin, California, a law firm specializing in Trusts & Estates and Business Transactions.

NOELLE MINTO, ESQ.

Ms. Minto has been a business and estates transactional attorney based in California since 2003. Her practice is now located in Tustin, CA but represents individuals and entities based throughout the United States and abroad. Phone: (949) 253-0000, Email: info@mintocounselors.com

Testimonials

  • NM Law is an excellent law firm to work with! Noelle and her team are very thorough and knowledgeable. They explained the estate planning process to us and kept us informed every step of the way. We…

    Monique S
  • I greatly appreciate Noelle’s assistance in making difficult decisions. When she provides counsel I know she puts herself and her family in my shoes. I feel comfortable knowing my attorney has analyzed every angle and leaves out…

    Cinda H.
  • For those of you that are looking for the perfect attorney to handle any of your estate issues, well Noelle is the one for you! I can’t say enough about Noelle! She recently handled a case for…

    Suzie F.
  • One of the most important things you can do for your family is have a good Living Trust done by an attorney you can trust to take care of your business. I highly recommend Noelle Minto, an…

    Sandy Z.
  • Working with Noelle on litigation and transactional matters was truly a valuable experience for me. Not only was she a great communicator with clients and personnel, but zealous and passionate about her clients. I would recommend her…

    Darren S.
  • I’ve known Noelle as a colleague and friend for close to seven years. Working “across the aisle” in the fast-paced and partisan world of LA County politics, I found Noelle remarkable for her ability to quickly grasp…

    Kerjon L.
  • Noelle and her team were professional, courteous and diligent with my case. It was a small matter but they took it as though it was a large one. They reached a settlement quickly and very little effort…

    Doug S.
  • After my mother’s death, The bank locked all her accounts and the insurance company was playing games. Our family lawyer never call me back. I called Noelle for help! My paper work was not in order at…

    Randy B.
  • Noelle is awesome. Handled everything I needed in a timely manner. Very professional!

    Tammy W.
  • I have worked with Noelle on my Estate Planning and was very impressed by the way she handled my business. Noelle was extremely professional and available for all my questions. I would highly recommend anyone looking for…

    Zac C.
  • I have worked with many attorneys, and there are very few that I would ever recommend. Noelle and her team have gone above and beyond to help all of our clients that we have referred to her….

    Robert Sousa
  • I was first referred to Noelle Minto by my family law attorney Mike Monarch to provide oversight on my husband’s Trust conforming with our Post Marital Agreement. Her outstanding legal insights helped me to feel secure that…

    Sharon McCubbin
  • Noelle and Samantha and their team are amazing. They are extremely knowledgeable and professional (they are the best). They have and continue to support me and my family while dealing with my parents Will and Trust. Samantha…

    Greg Bishop
  • I had a great experience with Noelle and Samantha at NM Law. They were fast, clear and got the result we wanted under budget. I am very happy and impressed.

    John Arens
  • NM Law is an exceptional place to work! Our office is located in the City of Tustin, off the 55 Freeway, between the 5 and 405 Freeways. Our main cross streets are Redhill Avenue and Edinger Avenue…

    Samantha Smith
  • The N.W Law team in Tustin Ca was instrumental in achieving a just result in our family trust dispute. We had the privilege of being represented by Samantha Smith and her staff, during one of my saddest…

    Herman baldonado
  • Amazing service. So happy with the whole team!

    Mitchell Hilde
  • So glad to work with this team of professionals

    Noelle Minto
  • As an attorney who has used two other wills & trusts lawyers prior to seeing Noelle, I have a pretty good idea of what to expect and what it should cost. I recommend Noelle to anyone who…

    Lynne Boisineau
  • Highly recommend NM Law. I recently worked with Noelle and her team on my family trust and the process could not have gone smoother. Very knowledgeable and professional. I have since recommended all of my family members…

    Nathan Perkins
  • A very professional approach and action to fulfill our personal requirements

    Waldo ortega
  • My husband and I decided to update our 12 year old trust. We initally had a call with Noelle, and were instantly very comfortable with her approach. Noelle was great to work with, very patient, was willing…

    Cheri Ondatje
  • Vey helpful with good insight to take the proper steps with difficult situations and have my questions answered. Noelle and her team are professional and courteous and great to work with!

    Corine Cojocaru
  • Samantha and the team are professional compassionate and get the job done. She articulates very well what needs to be done. Her and the firm do Probate and Trust at its finest to protect their clients. She…

    Silvana Sarkis
  • I was referred to NM Law after dealing with a myriad of problems in settling a complicated Trust in Riverside County. At the initial meeting, Noelle Minto and Samantha Smith listened to the mess I was in…

    Aleathea Rayburn
  • Love this firm. I’ve worked on a wide range of legal issues with NM law, and the attorneys here are top notch, reasonably priced, and a pleasure to work with. They truly care about each of their…

    Colette
  • Ms. Minto, I want to thank you and your staff for the courtesy extended to us during our family’s pending emergency deadline. Mr. O’Grady spoke to my brother and gave us his best recommendation regarding my father’s…

    Abraham Torres

Charities We Support

We dedicate pro bono time, volunteer services, and a percentage of our gross revenue to these organizations. In 2023, we sponsored a refugee family of five to come to the United States and start a new life.

Each year our law firm decides as a group which charities to assist with our time, money, and expertise. Please feel free to click on any of the charities below and make a donation of your own.

  • Charities
  • Charities
  • Charities
  • Charities
  • Charities
  • Charities
Top