In Nevada, there are very few restrictions on what name can be given to a corporation. First, a corporation may not be the name or initials of a natural person unless it also contains and additional designation such as “Incorporated,” “Limited,” “Inc.,” “Ltd.,” “Company,” “Co.,” “Corporation,” “Corp.,” or other word which identifies it as not being a natural person. NRS 78.035. Second, the name “must be distinguishable . . . from the names of all other” companies registered with the Nevada Secretary of State. NRS 78.039. Finally, the name may not insinuate that the corporation is a “bank” or “trust,” associated with a regulated industry unless it has approval to do so by the appropriate state agency which regulates that industry. NRS 78.045.
A more practical concern is whether a chosen name infringes on the trademark of another business. A prudent business owner will determine that the proposed business name does not infringe on that of another. There are both state and federal trademarks to consider.
In our last post, we discussed Articles of Incorporation. In this post, we discuss a corporation’s bylaws. A corporation’s bylaws are written rules by which the corporation, its officers, directors, and shareholders must abide. They establish how the company is ruled and what are the duties and obligations of its officers, directors, and shareholders. Unlike the articles of incorporation, there is no obligation to file the bylaws with the Nevada Secretary of State.
Most bylaws will contain (remembering that the officers and directors will be legally required to adhere to the standards. Importantly, if they are sued, the bylaws are the standard against which their actions will be judged): (more…)
Note: these are not official Nevada jury instructions. Many of them pre-date the 2011 official instructions and are a mix of internally-crafted instructions and those in the pre-2011 set. Use with caution.
NEV. J.I. 1.0 DUTY OF JUDGE AND JURY
NEV. J.I. 1.01 USE OF INSTRUCTIONS
NEV. J.I. 1.02 MASCULINE FORM OF PRONOUN INCLUDES FEMININE OR CORPORATION
NEV. J.I.1.03 WHAT IS AND WHAT IS NOT EVIDENCE (more…)
In Nevada, a corporation is formed when one or more persons, called “incorporators”, sign and file articles of incorporation with the Nevada Secretary of State. Roughly stated, the articles of incorporation state the intention of the incorporators to transact business as a separate legal entity
RULE 16. SETTLEMENT CONFERENCES
IN CIVIL APPEALS
(a) Assignment of Case to Settlement Conference Program. Any civil appeal in which all parties are represented by counsel and that does not involve termination of parental rights may be assigned to the settlement conference program. The settlement conference program administrator shall determine whether to assign an appeal to the settlement conference program. The settlement conference shall be presided over by a qualified mediator who has been appointed as a settlement judge by the Supreme Court.
(1) Settlement Notice; Suspension of Rules. The clerk shall issue a settlement notice informing the parties that the appeal will be assigned to the settlement conference program. The settlement notice automatically stays the time for filing a request for transcripts under Rule 9 and for filing briefs under Rule 31. The notice also stays the preparation and filing of any transcripts requested under Rule 9. (more…)
I. SCOPE OF RULES
Rule 1. The short trial program.
(a) Purpose. The purpose of the short trial program is to expedite civil trials through procedures designed to control the length of the trial, including, without limitation, restrictions on discovery, the use of smaller juries, and time limits for presentation of evidence.
(b) Availability of program. The short trial program is mandatory in judicial districts subject to the mandatory arbitration program. In all other judicial districts, establishment of a short trial program is voluntary and the judicial district may adopt local rules implementing all or part of the short trial program. (more…)