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 or subsection 3 of NRS 104.9305 remains perfected until the earliest of:

(a)

The time perfection would have ceased under the law of that jurisdiction;

(b)

The expiration of 4 months after a change of the debtor’s location to another jurisdiction; or

(c)

The expiration of 1 year after a transfer of collateral to a person that thereby becomes a debtor and is located in another jurisdiction.

2.

If a security interest described in subsection 1 becomes perfected under the law of the other jurisdiction before the earliest time or event described in that subsection, it remains perfected thereafter. If the security interest does not become perfected under the law of the other jurisdiction before the earliest time or event, it becomes unperfected and is deemed never to have been perfected as against a purchaser of the collateral for value.

3.

A possessory security interest in collateral, other than goods covered by a certificate of title and as-extracted collateral consisting of goods, remains continuously perfected if:

(a)

The collateral is located in one jurisdiction and subject to a security interest perfected under the law of that jurisdiction;

(b)

Thereafter the collateral is brought into another jurisdiction; and

(c)

Upon entry into the other jurisdiction, the security interest is perfected under the law of the other jurisdiction.

4.

Except as otherwise provided in subsection 5, a security interest in goods covered by a certificate of title which is perfected by any method under the law of another jurisdiction when the goods become covered by a certificate of title from this State remains perfected until the security interest would have become unperfected under the law of the other jurisdiction had the goods not become so covered.

5.

A security interest described in subsection 4 becomes unperfected as against a purchaser of the goods for value and is deemed never to have been perfected as against a purchaser of the goods for value if the applicable requirements for perfection under subsection 2 of NRS 104.9311 or under NRS 104.9313 are not satisfied before the earlier of:

(a)

The time the security interest would have become unperfected under the law of the other jurisdiction had the goods not become covered by a certificate of title from this State; or

(b)

The expiration of 4 months after the goods had become so covered.

6.

A security interest in deposit accounts, letter-of-credit rights or investment property which is perfected under the law of the bank’s jurisdiction, the issuer’s jurisdiction, a nominated person’s jurisdiction, the securities intermediary’s jurisdiction or the commodity intermediary’s jurisdiction, as applicable, remains perfected until the earlier of:

(a)

The time the security interest would have become unperfected under the law of that jurisdiction; or

(b)

The expiration of 4 months after a change of the applicable jurisdiction to another jurisdiction.

7.

If a security interest described in subsection 6 becomes perfected under the law of the other jurisdiction before the earlier of the time or the end of the period described in that subsection, it remains perfected thereafter. If the security interest does not become perfected under the law of the other jurisdiction before the earlier of that time or the end of that period, it becomes unperfected and is deemed never to have been perfected as against a purchaser of the collateral for value.

8.

The following rules apply to collateral to which a security interest attaches within 4 months after the debtor changes its location to another jurisdiction:

(a)

A financing statement filed before the change pursuant to the law of the jurisdiction designated in subsection 1 of NRS 104.9301 or subsection 3 of NRS 104.9305 is effective to perfect a security interest in the collateral if the financing statement would have been effective to perfect a security interest in the collateral if the debtor had not changed its location.

(b)

If a security interest perfected by a financing statement that is effective under paragraph (a) becomes perfected under the law of the other jurisdiction before the earlier of the time the financing statement would have become ineffective under the law of the jurisdiction designated in subsection 1 of NRS 104.9301 or subsection 3 of NRS 104.9305 or the expiration of the 4-month period, it remains perfected thereafter. If the security interest does not become perfected under the law of the other jurisdiction before the earlier time or event, it becomes unperfected and is deemed never to have been perfected as against a purchaser of the collateral for value.

9.

If a financing statement naming an original debtor is filed pursuant to the law of the jurisdiction designated in subsection 1 of NRS 104.9301 or subsection 3 of NRS 104.9305 and the new debtor is located in another jurisdiction, the following rules apply:

(a)

The financing statement is effective to perfect a security interest in collateral acquired by the new debtor before, and within 4 months after, the new debtor becomes bound under subsection 4 of NRS 104.9203, if the financing statement would have been effective to perfect a security interest in the collateral had the collateral been acquired by the original debtor.

(b)

A security interest perfected by the financing statement which becomes perfected under the law of the other jurisdiction before the earlier of the time the financing statement would have become ineffective under the law of the jurisdiction designated in subsection 1 of NRS 104.9301 or subsection 3 of NRS 104.9305 or the expiration of the 4-month period remains perfected thereafter. A security interest that is perfected by the financing statement but which does not become perfected under the law of the other jurisdiction before the earlier time or event becomes unperfected and is deemed never to have been perfected as against a purchaser of the collateral for value.

Source: Section 104.9316 — Continued perfection of security interest following change in governing law., https://www.­leg.­state.­nv.­us/NRS/NRS-104.­html#NRS104Sec9316.

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

§ 104.9316’s source at nv​.us