Nevada Commercial Instruments and Transactions

Sec. § 104.9109
Scope of applicability.


1.

Except as otherwise provided in subsections 3 and 4, this Article applies to:

(a)

A transaction, regardless of its form, that creates a security interest in personal property or fixtures by contract;

(b)

An agricultural lien;

(c)

A sale of accounts, chattel paper, payment intangibles or promissory notes;

(d)

A consignment;

(e)

A security interest arising under NRS 104.2401, 104.2505, subsection 3 of NRS 104.2711 or subsection 5 of NRS 104A.2508, as provided in NRS 104.9110; and

(f)

A security interest arising under NRS 104.4210 or 104.5118.

2.

The application of this Article to a security interest in a secured obligation is not affected by the fact that the obligation is itself secured by a transaction or interest to which this Article does not apply.

3.

This Article does not apply to the extent that:

(a)

A statute, regulation or treaty of the United States preempts this Article; or

(b)

The rights of a transferee beneficiary or nominated person under a letter of credit are independent and superior under NRS 104.5114.

4.

This Article does not apply to:

(a)

A landlord’s lien, other than an agricultural lien;

(b)

A lien, other than an agricultural lien, given by statute or other rule of law for services or materials, but NRS 104.9333 applies with respect to priority of the lien;

(c)

An assignment of a claim for wages, salary or other compensation of an employee;

(d)

A sale of accounts, chattel paper, payment intangibles or promissory notes as part of a sale of the business out of which they arose;

(e)

An assignment of accounts, chattel paper, payment intangibles or promissory notes which is for the purpose of collection only;

(f)

An assignment of a right to payment under a contract to an assignee that is also obligated to perform under the contract;

(g)

An assignment of a single account, payment intangible or promissory note to an assignee in full or partial satisfaction of a preexisting indebtedness;

(h)

A transfer of an interest in or an assignment of a claim under a policy of insurance, other than an assignment by or to a health-care provider of a health-care-insurance receivable and any subsequent assignment of the right to payment, but NRS 104.9315 and 104.9322 apply with respect to proceeds and priorities in proceeds;

(i)

An assignment of a right represented by a judgment, other than a judgment taken on a right to payment that was collateral;

(j)

A right of recoupment or setoff, but:

(1)

NRS 104.9340 applies with respect to the effectiveness of rights of recoupment or setoff against deposit accounts; and

(2)

NRS 104.9404 applies with respect to defenses or claims of an account debtor;

(k)

The creation or transfer of an interest in or lien on real property, including a lease or rents thereunder, except to the extent that provision is made for:

(1)

Liens on real property in NRS 104.9203 and 104.9308;

(2)

Fixtures in NRS 104.9334;

(3)

Fixture filings in NRS 104.9501, 104.9502, 104.9512, 104.9516 and 104.9519; and

(4)

Security agreements covering personal and real property in NRS 104.9604;

(l)

An assignment of a claim arising in tort, other than a commercial tort claim, but NRS 104.9315 and 104.9322 apply with respect to proceeds and priorities in proceeds;

(m)

An assignment of a deposit account in a consumer transaction, but NRS 104.9315 and 104.9322 apply with respect to proceeds and priorities in proceeds; or

(n)

A transfer by a government or governmental unit.
Source

Last accessed
Feb. 5, 2021