NRS 104.9322
Priorities among conflicting security interests in and agricultural liens on same collateral.

1.

Except as otherwise provided in this section, priority among conflicting security interests and agricultural liens in the same collateral is determined according to the following rules:

(a)

Conflicting perfected security interests and agricultural liens rank according to priority in time of filing or perfection. Priority dates from the earlier of the time a filing covering the collateral is first made or the security interest or agricultural lien is first perfected, if there is no period thereafter when there is neither filing nor perfection.

(b)

A perfected security interest or agricultural lien has priority over a conflicting unperfected security interest or agricultural lien.

(c)

The first security interest or agricultural lien to attach or become effective has priority if conflicting security interests and agricultural liens are unperfected.

2.

For the purposes of paragraph (a) of subsection 1:

(a)

The time of filing or perfection as to a security interest in collateral is also the time of filing or perfection as to a security interest in proceeds; and

(b)

The time of filing or perfection as to a security interest in collateral supported by a supporting obligation is also the time of filing or perfection as to a security interest in the supporting obligation.

3.

Except as otherwise provided in subsection 6, a security interest in collateral which qualifies for priority over a conflicting security interest under NRS 104.9327, 104.9328, 104.9329, 104.9330 or 104.9331 also has priority over a conflicting security interest in:

(a)

Any supporting obligation for the collateral; and

(b)

Proceeds of the collateral if:

(1)

The security interest in proceeds is perfected;

(2)

The proceeds are cash proceeds or of the same type as the collateral; and

(3)

In the case of proceeds that are proceeds of proceeds, all intervening proceeds are cash proceeds, proceeds of the same type as the collateral, or an account relating to the collateral.

4.

Subject to subsection 5 and except as otherwise provided in subsection 6, if a security interest in chattel paper, deposit accounts, negotiable documents, instruments, investment property or letter-of-credit rights is perfected by a method other than filing, conflicting perfected security interests in proceeds of the collateral rank according to priority in time of filing.

5.

Subsection 4 applies only if the proceeds of the collateral are not cash proceeds, chattel paper, negotiable documents, instruments, investment property or letter-of-credit rights.

6.

Subsections 1 to 5, inclusive, are subject to:

(a)

Subsection 7 and the other provisions of this part;

(b)

NRS 104.4210 with respect to a security interest of a collecting bank;

(c)

NRS 104.5118 with respect to a security interest of an issuer or nominated person; and

(d)

NRS 104.9110 with respect to a security interest arising under article 2 or 2A.

7.

A perfected agricultural lien on collateral has priority over a conflicting security interest in or agricultural lien on the same collateral if the statute creating the agricultural lien so provides.

Source: Section 104.9322 — Priorities among conflicting security interests in and agricultural liens on same collateral., https://www.­leg.­state.­nv.­us/NRS/NRS-104.­html#NRS104Sec9322.

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

Feb. 5, 2021

§ 104.9322’s source at nv​.us