Nevada Revised Statutes

Nev. Rev. Stat. § 104.3307 (2026)

Notice of breach of fiduciary duty

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NRS 104.3307  Notice of breach of fiduciary duty.

      1.  In this section:

      (a) “Fiduciary” means an agent, trustee, partner, corporate officer or director, or other representative owing a fiduciary duty with respect to an instrument.

      (b) “Represented person” means the principal, beneficiary, partnership, corporation or other person to whom the duty stated in paragraph (a) is owed.

      2.  If an instrument is taken from a fiduciary for payment or collection or for value, the taker has knowledge of the fiduciary status of the fiduciary, and the represented person makes a claim to the instrument or its proceeds on the basis that the transaction of the fiduciary is a breach of fiduciary duty, the following rules apply:

      (a) Notice of breach of fiduciary duty by the fiduciary is notice of the claim of the represented person.

      (b) In the case of an instrument payable to the represented person or the fiduciary as such, the taker has notice of the breach of fiduciary duty if the instrument is:

             (1) Taken in payment of or as security for a debt known by the taker to be the personal debt of the fiduciary;

             (2) Taken in a transaction known by the taker to be for the personal benefit of the fiduciary; or

             (3) Deposited to an account other than an account of the fiduciary, as such, or an account of the represented person.

      (c) If an instrument is issued by the represented person or the fiduciary as such, and made payable to the fiduciary personally, the taker does not have notice of the breach of fiduciary duty unless the taker knows of the breach of fiduciary duty.

      (d) If an instrument is issued by the represented person or the fiduciary as such, to the taker as payee, the taker has notice of the breach of fiduciary duty if the instrument is:

             (1) Taken in payment of or as security for a debt known by the taker to be the personal debt of the fiduciary;

             (2) Taken in a transaction known by the taker to be for the personal benefit of the fiduciary; or

             (3) Deposited to an account other than an account of the fiduciary, as such, or an account of the represented person.

      (Added to NRS by 1993, 1243)

     

Notes of Decisions
Cited in 1 case, 1972–1972 · leading case: B & C Enter. v. Utter, 498 P.2d 1327 (Nev. 1972).
B & C Enter. v. Utter, 498 P.2d 1327 (Nev. 1972). · cites it 2× “Regarding the lack of corporate authority to execute the note, NRS 104.3307, subsection 1, places the burden of proving a signature on the party claiming under it, but the statute also provides that a signature is presumed to be authorized except in limited situations not…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.