Information Regarding ...

Limited Liability Companies

Limited Partnerships

Limited Liability Partnerships

Limited Liability Limited Partnerships


Occasionally, we are asked if LLC's, LP's, LLP's, & LLLP's are considered "types" or "forms" of corporations and, as such, are required by NRS 80.190 to publish a Statement of Business.

We, the Nevada Legal Press, are not permitted to offer legal advice on this matter. However, we can explain why we send notifications to these entities and certain other facts concerning the subject.

1. There appears to be some controversy within the Nevada state government as to whether LLC's, LP's, LLP's, & LLLP's as "types" or "forms" of corporations.

It appears that some state officials and some individuals within some state entities, departments, and agencies consider LLC's, LP's, LLP's, & LLLP's as "types" or "forms" of corporations and that others do not.

When we call (by telephone) the various state agencies & departments involved we receive conflicting responses from various individuals. - Some say that LLC's, LP's, LLP's, & LLLP's are "types" or "forms" of corporations and that others say that they are not. - When asked, none of these people will "put it in writing".

2. We have, in the past, requested an official Attorney General's Opinion on the matter. - However, no official opinion has been forthcoming.

We have, in the past, asked our state legislator to request an official Attorney General's Opinion on the matter. - To date, no opinion has been rendered.

It appears that, for whatever reason, the Attorney General either refuses to or prefers not to issue an opinion one way or the other.

3. When we request, and pay for, a list of all foreign corporations from the Nevada Secretary of State we receive a list that includes LLC's, LP's, LLP's, & LLLP's which indicates that the Nevada Secretary of State considers LLC's, LP's, LLP's, & LLLP's forms or types of corporations.

4. On the Nevada Secretary of State's web site, under "Foreign Corporation Publication Requirements", we find the following question and answer ...


Q. I am not a corporation. I am a Partnership or LLC. Do I need to comply with NRS 80.190?

A. No. The publication requirement applies only to "foreign corporations." NRS 80.190

We also find on the Nevada Secretary of State's web site the following statement ...





.... making it abundantly clear that LLC's, LP's, LLP's, & LLLP's are considered types of corporations.

In conclusion, although Nevada Legal Press does not have the authority or responsibility to state that LLC's, LP's, LLP's, & LLLP's must publish an Annual Statement according to NRS 80.190, we feel that we should at least notify all foreign [to Nevada] entities of the law and allow each entity to form their own opinion.

back to home page

---

- All Rights Reserved - The contents of the Nevada Legal Press may not be re-published, resold, or reproduced in any
manner whatsoever, in whole or in part without the express written permission of the publisher.