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 tangible negotiable documents, goods, instruments, money or tangible chattel paper by taking possession of the collateral. A secured party may perfect a security interest in certificated securities by taking delivery of the certificated securities under NRS 104.8301.

2.

With respect to goods covered by a certificate of title issued by this State, a secured party may perfect a security interest in the goods by taking possession of the goods only in the circumstances described in subsection 5 of NRS 104.9316.

3.

With respect to collateral other than certificated securities and goods covered by a document, a secured party takes possession of collateral in the possession of a person other than the debtor, the secured party or a lessee of the collateral from the debtor in the ordinary course of the debtor’s business, when:

(a)

The person in possession authenticates a record acknowledging that it holds possession of the collateral for the secured party’s benefit; or

(b)

The person takes possession of the collateral after having authenticated a record acknowledging that it will hold possession of collateral for the secured party’s benefit.

4.

If perfection of a security interest depends upon possession of the collateral by a secured party, perfection occurs no earlier than the time the secured party takes possession and continues only while the secured party retains possession.

5.

A security interest in a certificated security in registered form is perfected by delivery when delivery of the certificated security occurs under NRS 104.8301 and remains perfected by delivery until the debtor obtains possession of the security certificate.

6.

A person in possession of collateral is not required to acknowledge that it holds possession for a secured party’s benefit.

7.

If a person acknowledges that it holds possession for the secured party’s benefit:

(a)

The acknowledgment is effective under subsection 3 or subsection 1 of NRS 104.8301, even if the acknowledgment violates the rights of a debtor; and

(b)

Unless the person otherwise agrees or law other than this Article otherwise provides, the person does not owe any duty to the secured party and is not required to confirm the acknowledgment to another person.

8.

A secured party having possession of collateral does not relinquish possession by delivering the collateral to a person other than the debtor or a lessee of the collateral from the debtor in the ordinary course of the debtor’s business if he or she was instructed before the delivery or is instructed contemporaneously with the delivery:

(a)

To hold possession of the collateral for the secured party’s benefit; or

(b)

To redeliver the collateral to the secured party.

9.

A secured party does not relinquish possession, even if a delivery under subsection 8 violates the rights of a debtor. A person to which collateral is delivered under subsection 8 does not owe any duty to the secured party and is not required to confirm the delivery to another person unless he or she otherwise agrees or law other than this Article otherwise provides.

Source: Section 104.9313 — When possession by or delivery to secured party perfects security interest without filing., https://www.­leg.­state.­nv.­us/NRS/NRS-104.­html#NRS104Sec9313.

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

§ 104.9313’s source at nv​.us