Nevada Administrative Code

NAC 90.580 Location of hearing. (NRS 90.750, 233B.050) 1. Except as otherwise provided in subsection 2, any hearing in a proceeding before the Administrator will be held before the Administrator or his or her representative at the office of the Administrator or at any other appro…

NAC 90.585 Conduct of hearing. (NRS 90.750, 233B.050) 1. The provisions of NRS 233B.121 to 233B.1235, inclusive, and this section will govern the conduct of any hearing on the merits in a proceeding before the Administrator. 2. The Administrator or his or her representative will …

NAC 90.590 Record. (NRS 90.750, 233B.050) The Administrator will cause a record to be made of the proceeding in accordance with the provisions of NRS 233B.121. A party desiring a copy of any record or transcript may obtain it from the Administrator by paying the cost of preparing…

NAC 90.595 Continuance or adjournment of hearing. (NRS 90.750, 233B.050) Before or during a hearing, the Administrator or his or her representative may, upon proper showing or on his or her own motion, continue or adjourn the hearing to a later time or a different place. (Added t…

NAC 90.600 Fees of witnesses. (NRS 90.750, 233B.050) A witness required to appear at a hearing before the Administrator is entitled to receive from the party calling him or her the fees and reimbursement for mileage provided to witnesses in civil cases pursuant to NRS 50.225. (Ad…

NAC 90.605 Rendering of order or decision; petition for rehearing. (NRS 90.750, 233B.050) 1. An order or decision on a hearing will be rendered within 30 days after the completion of the hearing. 2. Any party aggrieved by a decision of the Administrator or his or her representati…

NAC 90.610 Granting or denying petition for rehearing. (NRS 90.750, 233B.050) 1. If a petition for rehearing is granted, the Administrator may reverse or modify the decision, order the matter set for hearing, or enter any other order appropriate under the circumstances. 2. An ord…

NAC 92A.005 Electronic filing of records. (NRS 92A.207) 1. The Secretary of State may develop or approve an electronic process for the electronic filing of records authorized or required to be filed with the Secretary of State pursuant to chapter 92A of NRS. 2. If the Secretary o…

NAC 97.050 Commissioner of Financial Institutions to prescribe forms for contracts and applications for credit; amendment of forms. (NRS 97.299) 1. The Commissioner of Financial Institutions will prescribe all forms required pursuant to NRS 97.299 and will make that information a…

NAC 104.100 Definitions. (NRS 104.9526) As used in this chapter, unless the context otherwise requires, the words and terms defined in NAC 104.105 to 104.150, inclusive, have the meanings ascribed to them in those sections. (Added to NAC by Sec’y of State by R084-01, eff. 10-30-2…

NAC 104.105 “Amendment” defined. (NRS 104.9526) “Amendment” means a UCC document that purports to amend the information contained in a financing statement. The term includes, without limitation, an assignment, a continuation and a termination. (Added to NAC by Sec’y of State by R…

NAC 104.110 “Assignment” defined. (NRS 104.9526) “Assignment” means an amendment that purports to assign all or part of the power of a secured party to authorize an amendment to a financing statement. (Added to NAC by Sec’y of State by R084-01, eff. 10-30-2001)

NAC 104.120 “Filing officer” defined. (NRS 104.9526) “Filing officer” means the Secretary of State. (Added to NAC by Sec’y of State by R084-01, eff. 10-30-2001)

NAC 104.125 “Individual” defined. (NRS 104.9526) “Individual” means a natural person, or the decedent if the debtor is the estate of the decedent. (Added to NAC by Sec’y of State by R084-01, eff. 10-30-2001)

NAC 104.127 “Information statement” defined. (NRS 104.9526) “Information statement” means a UCC document that purports to indicate that a financing statement is inaccurate or wrongfully filed. (Added to NAC by Sec’y of State by R084-01, eff. 10-30-2011; A by R072-11, 5-30-2012, e…

NAC 104.130 “Initial financing statement” defined. (NRS 104.9526) “Initial financing statement” means a UCC document which contains the information required to be included in an initial financing statement and which causes the filing officer to establish the initial record of the…

NAC 104.135 “Organization” defined. (NRS 104.9526) “Organization” means a person other than an individual. (Added to NAC by Sec’y of State by R084-01, eff. 10-30-2001)

NAC 104.140 “Remitter” defined. (NRS 104.9526) 1. “Remitter” means a person who tenders a UCC document to the filing officer for filing, whether the person is a filer or an agent or representative of a filer who is responsible for tendering the document for filing. 2. The term do…

NAC 104.145 “UCC” defined. (NRS 104.9526) “UCC” means the Uniform Commercial Code as adopted in this State. (Added to NAC by Sec’y of State by R084-01, eff. 10-30-2001)

NAC 104.150 “UCC document” defined. (NRS 104.9526) “UCC document” means an initial financing statement, an amendment, an assignment, a continuation statement, a termination statement, an information statement or an information request. The term is not limited to a written documen…

NAC 104.155 Duties of filing officer ministerial. (NRS 104.9526) The duties and responsibilities of the filing officer with respect to the administration of the UCC are ministerial. The acceptance for filing of, or the refusal to file, a UCC document pursuant to NAC 104.100 to 10…

NAC 104.170 Means of delivery of document to be filed. (NRS 104.9526) 1. A UCC document may be tendered for filing with the filing officer by: (a) Delivery in person at the street address of the filing officer. The time of filing of a UCC document delivered by this method is the …

NAC 104.175 Methods of payment of fees. (NRS 104.9526) Filing fees and other fees for services concerning public records may be paid by any of the following methods: 1. Cash payments made in legal tender of the United States may be made in person to the cashier at the filing offi…

NAC 104.180 Acceptable form of document. (NRS 104.9526) 1. The filing officer will only accept a UCC document for filing that is on a form prescribed by the filing officer. 2. The inclusion by a filer of names in an incorrect data-entry field on a form or the failure of a filer t…

NAC 104.200 Refusal to accept document for filing: Grounds. (NRS 104.9526) 1. In addition to the grounds listed in NRS 104.9516 upon which the filing officer may refuse to accept a record, the filing officer will refuse to accept a UCC document if: (a) The UCC document contains t…

NAC 104.205 Refusal to accept document for filing: Document and fee returned. (NRS 104.9526) If the filing officer finds grounds to refuse to accept a UCC document, the filing officer will return the UCC document to the remitter and refund the filing fee. (Added to NAC by Sec’y o…

NAC 104.210 Filer responsible for legal effectiveness of filing. (NRS 104.9526) If the filing officer notices a potential defect in a UCC document, whether or not the document was filed or refused for filing, the filing officer may so inform the filer or remitter, but has no duty…

NAC 104.215 Filing document found satisfactory after originally refused for filing. (NRS 104.9526) If a secured party or a remitter demonstrates to the satisfaction of the filing officer that a UCC document which was refused for filing should not have been so refused, the filing …

NAC 104.225 Secured party of record; status of debtor; status of financing statement; lapse date. (NRS 104.9526) 1. Upon the filing of an initial financing statement: (a) Each secured party named on the initial financing statement must be a secured party of record, except that if…

NAC 104.230 Action on lapse date. (NRS 104.9526) If a continuation of a financing statement is not timely filed, the financing statement lapses on its lapse date, but the filing officer will take no action concerning the financing statement at that time. On the first anniversary …

NAC 104.235 Continuation: Date for filing. (NRS 104.9526) 1. The first day on which a continuation of a financing statement may be filed is: (a) The day of the sixth calendar month preceding the month in which the financing statement will otherwise lapse that corresponds to the d…

NAC 104.240 Continuation: Amount of extension; effect on status. (NRS 104.9526) 1. Upon the timely filing of a continuation of a financing statement by a secured party of record, the lapse date of the financing statement is extended for 5 years. 2. The filing of a continuation of…

NAC 104.243 Addendum form or additional party form must be used to add additional debtors or additional secured parties. (NRS 104.9526) 1. An addendum form or additional party form must be used to add additional debtors or additional secured parties to an initial financing statem…

NAC 104.245 Effect of amendment to financing statement. (NRS 104.9526) 1. An amendment to a financing statement affects the status of the debtors and secured parties as follows: (a) An amendment that amends only the description of collateral or one or more addresses has no effect…

NAC 104.250 Effect of assignment. (NRS 104.9526) 1. An assignment has no effect on the status of the financing statement. 2. An assignment has no effect on the status of the parties to the financing statement, except that each assignee named in the assignment becomes a secured pa…

NAC 104.255 Effect of filing termination of financing statement. (NRS 104.9526) 1. The filing of a termination of a financing statement has no effect on the status of any party to the financing statement. 2. The filing of a termination of a financing statement has no effect on th…

NAC 104.260 Effect of filing information statement. (NRS 104.9526) The filing of an information statement has no effect on the status of the financing statement. (Added to NAC by Sec’y of State by R084-01, eff. 10-30-2001; A by R072-11, 5-30-2012; R072-11, 5-30-2012, eff. 7-1-201…

NAC 104.300 Information included. (NRS 104.9526) 1. The filing officer will use an information management system to store, index and retrieve information relating to financing statements and other UCC documents. The information management system will include: (a) An index of the …

NAC 104.305 Storage of names of individuals. (NRS 104.9526) The names of individuals will be stored in files that include only the names of individuals and not the names of organizations. Separate data-entry fields will be established for the first, middle and last names of indiv…

NAC 104.310 Inclusion of prefix, suffix or title with name of filer. (NRS 104.9526) 1. A filer shall not include in a UCC document: (a) A prefix or title, including, without limitation, “Doctor,” “Reverend,” “Mr.,” “Ms.” and “Mrs.” (b) A suffix or title that is not part of the na…

NAC 104.313 Acceptable characters. (NRS 104.9526) When entering information concerning a debtor or secured party into the information management system, the filing officer will not enter any character other than the letters A through Z in any case, the numerals 0 through 9 and th…

NAC 104.314 Acceptable punctuation marks. (NRS 104.9526) 1. One or more of the following punctuation marks are acceptable in the name of a secured party or debtor in any UCC document: (a) A period; (b) A comma; (c) A question mark; (d) An exclamation point; (e) A colon; (f) A sem…

NAC 104.315 Use of name of trust or settlor. (NRS 104.9526) 1. If a name is specified for a trust in its organic documents, the full legal name of the trust as set forth in those documents must be used in a UCC document and the trust will be treated as an organization. If a trust…

NAC 104.320 Designation of name as individual or organization. (NRS 104.9526) A filing must designate whether a name is the name of an individual or an organization. If the name is that of an individual, the first and last names must be given, and a middle name or initial and any…

NAC 104.325 Names entered as set forth in UCC document. (NRS 104.9526) 1. The filing officer will enter the name of an organization as specified in a UCC document into the information management system exactly as the name of the organization is set forth in the UCC document, even…

NAC 104.330 Correction of error by filing officer. (NRS 104.9526) The filing officer may at any time correct an error made by his or her employees in the information management system. If the correction occurs after the filing officer has issued a certification date, the filing o…

NAC 104.335 Notification of bankruptcy proceeding. (NRS 104.9526) The filing officer will take no action upon receipt of notification of a bankruptcy proceeding involving a debtor named in the information management system, regardless of whether that notification is formal or inf…