NRS 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

  • perfection by permissive filing
  • temporary perfection without filing or transfer of possession.

1.

A security interest in chattel paper, negotiable documents, instruments or investment property may be perfected by filing.

2.

Except as otherwise provided in subsections 3 and 4 of NRS 104.9315 for proceeds:

(a)

A security interest in a deposit account may be perfected only by control under NRS 104.9314;

(b)

A security interest in a letter-of-credit right may be perfected only by control under NRS 104.9314, except as otherwise provided in subsection 4 of NRS 104.9308; and

(c)

A security interest in money may be perfected only by the secured party’s taking possession under NRS 104.9313.

3.

While goods are in the possession of a bailee that has issued a negotiable document covering the goods:

(a)

A security interest in the goods may be perfected by perfecting a security interest in the document; and

(b)

A security interest perfected in the document has priority over any security interest that becomes perfected in the goods by another method during that time.

4.

While goods are in the possession of a bailee that has issued a nonnegotiable document covering the goods, a security interest in the goods may be perfected by:

(a)

Issuance of a document in the name of the secured party;

(b)

The bailee’s receipt of notification of the secured party’s interest; or

(c)

Filing as to the goods.

5.

A security interest in certificated securities, negotiable documents or instruments is perfected without filing or the taking of possession or control for a period of 20 days after the time it attaches to the extent that it arises for new value given under an authenticated security agreement.

6.

A perfected security interest in a negotiable document or goods in possession of a bailee, other than one that has issued a negotiable document for the goods, remains perfected for 20 days without filing if the secured party makes available to the debtor the goods or documents representing the goods for the purpose of:

(a)

Ultimate sale or exchange; or

(b)

Loading, unloading, storing, shipping, transshipping, manufacturing, processing or otherwise dealing with them in a manner preliminary to their sale or exchange.

7.

A perfected security interest in a certificated security or instrument remains perfected for 20 days without filing if the secured party delivers the security certificate or instrument to the debtor for the purpose of:

(a)

Ultimate sale or exchange; or

(b)

Presentation, collection, enforcement, renewal or registration of transfer.

8.

After the 20-day period specified in subsection 5, 6 or 7 expires, perfection depends upon compliance with this Article.

Source: Section 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; perfection by permissive filing; temporary perfection without filing or transfer of possession., https://www.­leg.­state.­nv.­us/NRS/NRS-104.­html#NRS104Sec9312.

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

§ 104.9312’s source at nv​.us