United States · Nevada

Directors' resolutions under Nevada NRS Chapter 78

How a Nevada corporation's board passes resolutions, by meeting or under NRS § 78.315 unanimous written consent, with the 15%-threshold inspection rule under § 78.105.

Governing statute
Nevada Revised Statutes, Chapter 78
§ 78.315Directors' meetings; action without meeting
§ 78.140Conflict-of-interest transactions
§ 78.105Stockholder inspection rights
At a glance
  • NRS § 78.315 permits action by directors without a meeting if every director consents in writing
  • Nevada's distinctive 15% threshold for stockholder inspection rights (§ 78.105)
  • Conflict-of-interest transactions governed by § 78.140
  • Telephone and electronic meetings permitted
  • Nevada has historically positioned itself as a director-friendly jurisdiction

NRS § 78.315 unanimous written consent

Nevada permits action by directors without a meeting, provided every director entitled to vote signs the consent. The mechanism is standard and tracks Delaware § 141(f). Every director must sign; one missing signature invalidates the consent.

Conflict-of-interest under § 78.140

Nevada's § 78.140 follows the Model Act pattern for interested-director transactions: disclosure plus majority disinterested director approval, shareholder ratification, or fairness. Nevada gives somewhat more weight to the directors' business judgment than Delaware.

Distinctive Nevada features

Nevada has positioned itself as director-friendly. Notable: (a) the 15% stockholder threshold for inspection rights (§ 78.105), much higher than Delaware's 'any record holder' standard; (b) NRS § 78.138 codifies the business judgment rule explicitly; (c) the indemnification provisions are unusually permissive.

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