NRS 104.9305
Determination of law governing perfection and priority of security interests in investment property.

1.

Except as otherwise provided in subsection 3, the following rules apply:

(a)

While a security certificate is located in a jurisdiction, the law of that jurisdiction governs perfection, the effect of perfection or nonperfection, and the priority of a security interest in the certificated security represented thereby.

(b)

The law of the issuer’s jurisdiction as specified in subsection 4 of NRS 104.8110 governs perfection, the effect of perfection or nonperfection, and the priority of a security interest in an uncertificated security.

(c)

The law of the securities intermediary’s jurisdiction as specified in subsection 5 of NRS 104.8110 governs perfection, the effect of perfection or nonperfection, and the priority of a security interest in a security entitlement or securities account.

(d)

The law of the commodity intermediary’s jurisdiction governs perfection, the effect of perfection or nonperfection, and the priority of a security interest in a commodity contract or commodity account.

2.

The following rules determine a commodity intermediary’s jurisdiction for purposes of this part:

(a)

If an agreement between the commodity intermediary and commodity customer governing the commodity account expressly provides that a particular jurisdiction is the commodity intermediary’s jurisdiction for purposes of this part, this article or the Uniform Commercial Code, that jurisdiction is the commodity intermediary’s jurisdiction.

(b)

If paragraph (a) does not apply and an agreement between the commodity intermediary and commodity customer governing the commodity account expressly provides that the agreement is governed by the law of a particular jurisdiction, that jurisdiction is the commodity intermediary’s jurisdiction.

(c)

If neither paragraph (a) nor paragraph (b) applies and an agreement between the commodity intermediary and commodity customer governing the commodity account expressly provides that the commodity account is maintained at an office in a particular jurisdiction, that jurisdiction is the commodity intermediary’s jurisdiction.

(d)

If neither paragraph (a) nor paragraph (b) nor paragraph (c) applies, the commodity intermediary’s jurisdiction is the jurisdiction in which the office identified in an account statement as the office serving the commodity customer’s account is located.

(e)

If none of the preceding paragraphs applies, the commodity intermediary’s jurisdiction is the jurisdiction in which the chief executive office of the commodity intermediary is located.

3.

The law of the jurisdiction in which the debtor is located governs:

(a)

Perfection of a security interest in investment property by filing;

(b)

Automatic perfection of a security interest in investment property granted by a broker or securities intermediary; and

(c)

Automatic perfection of a security interest in a commodity contract or commodity account granted by a commodity intermediary.

Source: Section 104.9305 — Determination of law governing perfection and priority of security interests in investment property., https://www.­leg.­state.­nv.­us/NRS/NRS-104.­html#NRS104Sec9305.

104.9301
Determination of law governing perfection and priority of security interests. 104.9302
Determination of law governing perfection and priority of agricultural liens. 104.9303
Determination of law governing perfection and priority of security interests in goods covered by certificate of title. 104.9304
Determination of law governing perfection and priority of security interests in deposit accounts. 104.9305
Determination of law governing perfection and priority of security interests in investment property. 104.9306
Determination of law governing perfection and priority of security interests in letter-of-credit rights. 104.9307
Location of debtor. 104.9308
When security interest or agricultural lien is perfected 104.9309
Security interest perfected upon attachment. 104.9310
When filing required to perfect security interest or agricultural lien 104.9311
Perfection of security interests in property subject to certain statutes, regulations and treaties. 104.9312
Perfection of security interests in chattel paper, deposit accounts, documents, goods covered by documents, instruments, investment property, letter-of-credit rights and money 104.9313
When possession by or delivery to secured party perfects security interest without filing. 104.9314
Perfection by control. 104.9315
Secured party’s rights on disposition of collateral and in proceeds. 104.9316
Continued perfection of security interest following change in governing law. 104.9317
Interests that take priority over or take free of unperfected security interest or agricultural lien. 104.9318
No interest retained in right to payment that is sold 104.9319
Rights and title of consignee with respect to creditors and purchasers. 104.9320
Protection of certain buyers of goods. 104.9321
Protection of licensee of general intangible and lessee of goods in ordinary course of business. 104.9322
Priorities among conflicting security interests in and agricultural liens on same collateral. 104.9323
Future advances. 104.9324
Priority of purchase-money security interests. 104.9325
Priority of security interests in transferred collateral. 104.9326
Priority of security interests created by new debtor. 104.9327
Priority among conflicting security interests in same deposit account. 104.9328
Priority among conflicting security interests in same investment property. 104.9329
Priority among conflicting security interests in same letter-of-credit right. 104.9330
Priority of purchaser of chattel paper or instrument. 104.9331
Priority of rights of purchasers of instruments, documents and securities under other articles 104.9332
Effect of transfer of money 104.9333
Priority of certain possessory liens arising by operation of law. 104.9334
Priority of security interests in fixtures and crops. 104.9335
Accessions. 104.9336
Commingled goods. 104.9337
Priority of security interests in goods covered by certificate of title. 104.9338
Priority of security interest or agricultural lien perfected by filed financing statement providing certain incorrect information. 104.9339
Priority subject to subordination by agreement. 104.9340
Effectiveness of right of recoupment or setoff against deposit account. 104.9341
Bank’s rights and duties with respect to deposit account. 104.9342
Bank’s right to refuse to enter into or disclose existence of control agreement.
Last Updated

Jun. 24, 2021

§ 104.9305’s source at nv​.us