Clark County - File #: 21-1714

• File #: 21-1714
• Status: Agenda Ready
• File created: 11/23/2021
• In control: Clark County Board of Commissioners
• On agenda: 12/7/2021
• Title: Introduce an ordinance to amend Title 7, Chapter 24.010 of the Clark County Code to provide that a certificate to operate a business under an assumed or fictitious name may be filed with the county clerk without notarization; and providing for other matters properly relating thereto; and to set a public hearing. (For possible action)

Date	Action By	Action	Result
12/7/2021	Clark County Board of Commissioners	Agenda note: DISCUSSION: Commissioner Kirkpatrick introduced the proposed ordinance, entitled, and summarized as indicated on the ATTACHED agenda item (Bill No. 12-7-21-4).

CLARK COUNTY BOARD OF COMMISSIONERS

AGENDA ITEM

Petitioner:

Clark County Clerk

Recommendation: 

title

Introduce an ordinance to amend Title 7, Chapter 24.010 of the Clark County Code to provide that a certificate to operate a business under an assumed or fictitious name may be filed with the county clerk without notarization; and providing for other matters properly relating thereto; and to set a public hearing.  (For possible action)

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FISCAL IMPACT:

Fund #:	N/A	Fund Name:	N/A
Fund Center:	N/A	Funded PGM/Grant:	N/A
Amount:	N/A
Description:	N/A
Additional Comments:	N/A

BACKGROUND: 

Every person doing business in this State under an assumed or fictitious name that is in any way different from the legal name of each person who owns an interest in the business must file with the county clerk a fictitious firm name certificate.

The certificate must be notarized unless the Board of County Commissioners adopts an ordinance providing that the certificate may be filed without being notarized. Clark County Code 7.24.010 presently requires the certificate to be notarized unless the signatory appears in person at the office of the county clerk and shows official government identification to a deputy county clerk at the time of filing. Because certificates must be notarized or submitted to the county clerk in person, the certificates must be completed in writing and thereafter manually entered in the county clerk's database by a deputy clerk.

This proposed Ordinance removes the requirement that a certificate be notarized and instead requires that the signatory sign the certificate under the penalty of perjury. Eliminating the notarization requirement for all certificates will permit the county clerk to implement a web-based electronic filing system for these certificates and thereby reduce labor costs.

Staff recommends that the Ordinance to amend chapter 24.010 of Title 7 of the Clark County Code be introduced and a public hearing be set for December 21, 2021, at 10:00 a.m.