United States · Nevada

Stock certificate requirements for a Nevada corporation

NRS 78.235 governs stock certificates in Nevada. The statute permits both certificated and uncertificated stock, with content requirements tracking federal MBCA standards.

Governing statute
Nevada Revised Statutes, Chapter 78
NRS 78.235Certificates representing shares of stock; uncertificated shares
NRS 78.240Replacement of certificates
NRS 78.242Restrictions on transfer of stock
NRS 78.107Stock ledger and register of stockholders
At a glance
  • NRS 78.235 governs both certificated and uncertificated stock in Nevada
  • Required content: corporation name, state of incorporation, stockholder name, class and number of shares, par value
  • Two officer signatures required (president or VP, plus secretary, assistant secretary, or treasurer); facsimile permitted
  • Section 78.242 governs transfer restrictions; conspicuous notation required for enforcement
  • Section 78.240 provides for replacement of lost certificates on affidavit and indemnity

Content under NRS 78.235

A Nevada stock certificate must state:

  • The corporation's name
  • That the corporation is organized under Nevada law
  • The name of the registered owner
  • The number of shares and the class or series
  • The par value (or a no-par-value statement)

Where the corporation has multiple classes or series with different rights, the certificate must state the rights (or note that they are available on request). The statute also permits the corporation to issue uncertificated stock, in which case written notice of issuance and the rights of the shares must be delivered to the stockholder.

Signing

NRS 78.235(2) requires two signatures on a Nevada stock certificate: the president or a vice-president, plus the secretary, an assistant secretary, or the treasurer. Facsimile signatures are permitted. The corporate seal may be affixed.

Many Nevada corporations operate from outside the state and issue certificates digitally with electronic signatures by remote officers. The two-signature requirement is satisfied as long as both signatures (manual or facsimile) appear.

Transfer restrictions (NRS 78.242)

Nevada follows the standard US approach: transfer restrictions are enforceable against transferees with notice. Notice is established by conspicuous notation on the certificate face (for certificated shares) or in a notice for uncertificated shares. Nevada's reputation for permissive corporate law extends to recognition of broad transfer restrictions, including for asset-protection purposes.

Replacement under NRS 78.240

The replacement procedure under NRS 78.240 is standard: affidavit of loss, indemnity (usually a bond), payment of a reasonable fee, and any other requirements the directors impose. The replacement carries a new certificate number, and the original is cancelled in the stock ledger.

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