Title 8

NRS 104.9307 Location of debtor. 1. In this section, “place of business” means a place where a debtor conducts its affairs. 2. Except as otherwise provided in this section, the following rules determine a debtor’s location: (a) A natural person is located at his or her residence.…

NRS 104.9308 When security interest or agricultural lien is perfected; continuity of perfection. 1. Except as otherwise provided in this section and NRS 104.9309, a security interest is perfected if it has attached and all of the applicable requirements for perfection in NRS 104.…

NRS 104.9309 Security interest perfected upon attachment. The following security interests are perfected when they attach: 1. A purchase-money security interest in consumer goods, except as otherwise provided in subsection 2 of NRS 104.9311 with respect to consumer goods that are…

NRS 104.9310 When filing required to perfect security interest or agricultural lien; security interests and agricultural liens to which filing provisions do not apply. 1. Except as otherwise provided in subsection 2 or subsection 2 of NRS 104.9312, a financing statement must be f…

NRS 104.9311 Perfection of security interests in property subject to certain statutes, regulations and treaties. 1. Except as otherwise provided in subsection 4, the filing of a financing statement is not necessary or effective to perfect a security interest in property subject t…

NRS 104.9312 Perfection of security interests in chattel paper, controllable accounts, controllable electronic records, controllable payment intangibles, deposit accounts, negotiable documents, goods covered by documents, instruments, investment property, letter-of-credit rights …

NRS 104.9313 When possession by or delivery to secured party perfects security interest without filing. 1. Except as otherwise provided in subsection 2, a secured party may perfect a security interest in goods, instruments, negotiable tangible documents or money by taking possess…

NRS 104.9314 Perfection by control. 1. A security interest in controllable accounts, controllable electronic records, controllable payment intangibles, deposit accounts, electronic documents, investment property or letter-of-credit rights may be perfected by control of the collat…

NRS 104.931401 Perfection by possession and control of chattel paper. 1. A secured party may perfect a security interest in chattel paper by taking possession of each authoritative tangible copy of the record evidencing the chattel paper and obtaining control of each authoritativ…

NRS 104.9315 Secured party’s rights on disposition of collateral and in proceeds. 1. Except as otherwise provided in this article and in subsection 2 of NRS 104.2403: (a) A security interest or agricultural lien continues in collateral notwithstanding sale, lease, license, exchan…

NRS 104.9316 Continued perfection of security interest following change in governing law. 1. A security interest perfected pursuant to the law of the jurisdiction designated in subsection 1 of NRS 104.9301, subsection 3 of NRS 104.9305, subsection 4 of NRS 104.930601 or subsectio…

NRS 104.9317 Interests that take priority over or take free of unperfected security interest or agricultural lien. 1. A security interest or agricultural lien is subordinate to the rights of: (a) A person entitled to priority under NRS 104.9322; and (b) A person that becomes a li…

NRS 104.9318 No interest retained in right to payment that is sold; rights and title of seller of account or chattel paper with respect to creditors and purchasers. 1. A debtor that has sold an account, chattel paper, payment intangible or promissory note does not retain a legal …

NRS 104.9319 Rights and title of consignee with respect to creditors and purchasers. 1. Except as otherwise provided in subsection 2, for purposes of determining the rights of creditors of, and purchasers for value of goods from, a consignee, while the goods are in the possession…

NRS 104.9320 Protection of certain buyers of goods. 1. Except as otherwise provided in subsection 5, a buyer in the ordinary course of business, other than a person buying farm products from a person engaged in farming operations, takes free of a security interest created by the …

NRS 104.9321 Protection of licensee of general intangible and lessee of goods in ordinary course of business. 1. In this section, “licensee in ordinary course of business” means a person that becomes a licensee of a general intangible in good faith, without knowledge that the lic…

NRS 104.9322 Priorities among conflicting security interests in and agricultural liens on same collateral. 1. Except as otherwise provided in this section, priority among conflicting security interests and agricultural liens in the same collateral is determined according to the f…

NRS 104.9323 Future advances. 1. Except as otherwise provided in subsection 3, for purposes of determining the priority of a perfected security interest under subsection 1 of NRS 104.9322, perfection of the security interest dates from the time an advance is made to the extent th…

NRS 104.9324 Priority of purchase-money security interests. 1. Subject to subsection 2 and except as otherwise provided in subsection 7, a perfected purchase-money security interest in inventory has priority over a conflicting security interest in the same inventory, has priority…

NRS 104.9325 Priority of security interests in transferred collateral. 1. Except as otherwise provided in subsection 2, a security interest created by a debtor is subordinate to a security interest in the same collateral created by another person if: (a) The debtor acquired the c…

NRS 104.9326 Priority of security interests created by new debtor. 1. Subject to subsection 2, a security interest that is created by a new debtor in collateral in which the new debtor has or acquires rights and is perfected solely by a filed financing statement that would be ine…

NRS 104.932601 Priority of security interest in controllable account, controllable electronic record and controllable payment intangible. A security interest in a controllable account, controllable electronic record or controllable payment intangible held by a secured party havin…

NRS 104.9327 Priority among conflicting security interests in same deposit account. The following rules govern priority among conflicting security interests in the same deposit account: 1. A security interest held by a secured party having control of the deposit account under NRS…

NRS 104.9328 Priority among conflicting security interests in same investment property. The following rules govern priority among conflicting security interests in the same investment property: 1. A security interest held by a secured party having control of investment property u…

NRS 104.9329 Priority among conflicting security interests in same letter-of-credit right. The following rules govern priority among conflicting security interests in the same letter-of-credit right: 1. A security interest held by a secured party having control of the letter-of-c…

NRS 104.9330 Priority of purchaser of chattel paper or instrument. 1. A purchaser of chattel paper has priority over a security interest in the chattel paper which is claimed merely as proceeds of inventory subject to a security interest if: (a) In good faith and in the ordinary …

NRS 104.9331 Priority of rights of purchasers of controllable accounts, controllable electronic records, controllable payment intangibles, documents, instruments and securities under other articles; priority of interests in financial assets and security entitlements and protectio…

NRS 104.9332 Effect of transfer of money; effect of transfer of funds from deposit account. 1. A transferee of money takes the money free of a security interest if the transferee receives possession of the money without acting in collusion with the debtor in violating the rights …

NRS 104.9333 Priority of certain possessory liens arising by operation of law. 1. In this section, “possessory lien” means an interest, other than a security interest or an agricultural lien: (a) Which secures payment or performance of an obligation for services or materials furn…

NRS 104.9334 Priority of security interests in fixtures and crops. 1. A security interest under this article may be created in goods that are fixtures or may continue in goods that become fixtures. A security interest does not exist under this article in ordinary building materia…

NRS 104.9335 Accessions. 1. A security interest may be created in an accession and continues in collateral that becomes an accession. 2. If a security interest is perfected when the collateral becomes an accession, the security interest remains perfected in the collateral. 3. Exc…

NRS 104.9336 Commingled goods. 1. In this section, “commingled goods” means goods that are physically united with other goods in such a manner that their identity is lost in a product or mass. 2. A security interest does not exist in commingled goods as such. However, a security …

NRS 104.9337 Priority of security interests in goods covered by certificate of title. If, while a security interest in goods is perfected by any method under the law of another jurisdiction, this State issues a certificate of title that does not show that the goods are subject to…

NRS 104.9338 Priority of security interest or agricultural lien perfected by filed financing statement providing certain incorrect information. If a security interest or agricultural lien is perfected by a filed financing statement providing information described in paragraph (e)…

NRS 104.9339 Priority subject to subordination by agreement. This article does not preclude subordination by agreement by a person entitled to priority. (Added to NRS by 1999, 322)

NRS 104.9340 Effectiveness of right of recoupment or setoff against deposit account. 1. Except as otherwise provided in subsection 3, a bank with which a deposit account is maintained may exercise any right of recoupment or setoff against a secured party that holds a security int…

NRS 104.9341 Bank’s rights and duties with respect to deposit account. Except as otherwise provided in subsection 3 of NRS 104.9340, and unless the bank otherwise agrees in a signed record, a bank’s rights and duties with respect to a deposit account maintained with the bank are …

NRS 104.9342 Bank’s right to refuse to enter into or disclose existence of control agreement. This article does not require a bank to enter into an agreement of the kind described in paragraph (b) of subsection 1 of NRS 104.9104, even if its customer so requests or directs. A ban…

NRS 104.9401 Alienability of debtor’s rights. 1. Except as otherwise provided in subsection 2 and NRS 104.9406 to 104.9409, inclusive, whether a debtor’s rights in collateral may be voluntarily or involuntarily transferred is governed by law other than this article. 2. An agreeme…

NRS 104.9402 Secured party not obligated in contract of debtor or in tort. The existence of a security interest, agricultural lien, or authority given to a debtor to dispose of or use collateral, without more, does not impose upon a secured party liability in contract or tort for…

NRS 104.9403 Agreement not to assert defenses against assignee. 1. In this section, “value” has the meaning provided in subsection 1 of NRS 104.3303. 2. Except as otherwise provided in this section, an agreement between an account debtor and an assignor not to assert against an a…

NRS 104.9404 Rights acquired by assignee; claims and defenses against assignee. 1. Unless an account debtor has made an enforceable agreement not to assert defenses or claims, and subject to subsections 2 to 5, inclusive, the rights of an assignee are subject to: (a) All terms of…

NRS 104.9405 Modification of or substitution for assigned contract. 1. A modification of or substitution for an assigned contract is effective against an assignee if made in good faith. The assignee acquires corresponding rights under the modified or substituted contract. The ass…

NRS 104.9406 Discharge of account debtor; notification of assignment; identification and proof of assignment; restrictions on assignment of accounts, chattel paper, payment intangibles and promissory notes ineffective. 1. Subject to subsections 2 to 8, inclusive, and 11, an accou…

NRS 104.9407 Restrictions on assignment, transfer, creation or enforcement of security interest in leasehold interest or in lessor’s residual interest. 1. Except as otherwise provided in subsection 2, a term in a lease agreement is ineffective to the extent that it: (a) Prohibits…

NRS 104.9408 Restrictions on assignment or transfer of promissory notes, health-care insurance receivables and certain general intangibles ineffective. 1. Except as otherwise provided in subsections 2 and 5, a term in a promissory note or in an agreement between an account debtor…