NRS 104.9328
Priority among conflicting security interests in same investment property.


The following rules govern priority among conflicting security interests in the same investment property:

1.

A security interest held by a secured party having control of investment property under NRS 104.9106 has priority over a security interest held by a secured party that does not have control of the investment property.

2.

A security interest in a certificated security in registered form which is perfected by taking delivery under subsection 1 of NRS 104.9313 and not by control under NRS 104.9314 has priority over a conflicting security interest perfected by a method other than control.

3.

Except as otherwise provided in subsections 4 and 5, conflicting security interests held by secured parties each of which has control under NRS 104.9106 rank according to priority in time of:

(a)

If the collateral is a security, obtaining control;

(b)

If the collateral is a security entitlement carried in a securities account:

(1)

The secured party’s becoming the person for which the securities account is maintained, if the secured party obtained control under paragraph (a) of subsection 4 of NRS 104.8106;

(2)

The securities intermediary’s agreement to comply with the secured party’s entitlement orders with respect to security entitlements carried or to be carried in the securities account, if the secured party obtained control under paragraph (b) of that subsection; or

(3)

If the secured party obtained control through another person under paragraph (c) of that subsection, the time on which priority would be based under this paragraph if the other person were the secured party; or

(c)

If the collateral is a commodity contract carried with a commodity intermediary, the satisfaction of the requirement for control specified in paragraph (b) of subsection 2 of NRS 104.9106 with respect to commodity contracts carried or to be carried with the commodity intermediary.

4.

A security interest held by a securities intermediary in a security entitlement or a securities account maintained with the securities intermediary has priority over a conflicting security interest held by another secured party.

5.

A security interest held by a commodity intermediary in a commodity contract or a commodity account maintained with the commodity intermediary has priority over a conflicting security interest held by another secured party.

6.

Conflicting security interests granted by a broker, securities intermediary or commodity intermediary which are perfected without control under NRS 104.9106 rank equally.

7.

In all other cases, priority among conflicting security interests in investment property is governed by NRS 104.9322 and 104.9323.

Source: Section 104.9328 — Priority among conflicting security interests in same investment property., https://www.­leg.­state.­nv.­us/NRS/NRS-104.­html#NRS104Sec9328.

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

§ 104.9328’s source at nv​.us