Nev. Rev. Stat. § 104.9109

Scope of applicability

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NRS 104.9109  Scope of applicability.

      1.  Except as otherwise provided in subsections 3 and 4, this Article applies to:

      (a) A transaction, regardless of its form, that creates a security interest in personal property or fixtures by contract;

      (b) An agricultural lien;

      (c) A sale of accounts, chattel paper, payment intangibles or promissory notes;

      (d) A consignment;

      (e) A security interest arising under NRS 104.2401, 104.2505, subsection 3 of NRS 104.2711 or subsection 5 of NRS 104A.2508, as provided in NRS 104.9110; and

      (f) A security interest arising under NRS 104.4210 or 104.5118.

      2.  The application of this Article to a security interest in a secured obligation is not affected by the fact that the obligation is itself secured by a transaction or interest to which this Article does not apply.

      3.  This Article does not apply to the extent that:

      (a) A statute, regulation or treaty of the United States preempts this Article; or

      (b) The rights of a transferee beneficiary or nominated person under a letter of credit are independent and superior under NRS 104.5114.

      4.  This Article does not apply to:

      (a) A landlord’s lien, other than an agricultural lien;

      (b) A lien, other than an agricultural lien, given by statute or other rule of law for services or materials, but NRS 104.9333 applies with respect to priority of the lien;

      (c) An assignment of a claim for wages, salary or other compensation of an employee;

      (d) A sale of accounts, chattel paper, payment intangibles or promissory notes as part of a sale of the business out of which they arose;

      (e) An assignment of accounts, chattel paper, payment intangibles or promissory notes which is for the purpose of collection only;

      (f) An assignment of a right to payment under a contract to an assignee that is also obligated to perform under the contract;

      (g) An assignment of a single account, payment intangible or promissory note to an assignee in full or partial satisfaction of a preexisting indebtedness;

      (h) A transfer of an interest in or an assignment of a claim under a policy of insurance, other than an assignment by or to a health-care provider of a health-care-insurance receivable and any subsequent assignment of the right to payment, but NRS 104.9315 and 104.9322 apply with respect to proceeds and priorities in proceeds;

      (i) An assignment of a right represented by a judgment, other than a judgment taken on a right to payment that was collateral;

      (j) A right of recoupment or setoff, but:

             (1) NRS 104.9340 applies with respect to the effectiveness of rights of recoupment or setoff against deposit accounts; and

             (2) NRS 104.9404 applies with respect to defenses or claims of an account debtor;

      (k) The creation or transfer of an interest in or lien on real property, including a lease or rents thereunder, except to the extent that provision is made for:

             (1) Liens on real property in NRS 104.9203 and 104.9308;

             (2) Fixtures in NRS 104.9334;

             (3) Fixture filings in NRS 104.9501, 104.9502, 104.9512, 104.9516 and 104.9519; and

             (4) Security agreements covering personal and real property in NRS 104.9604;

      (l) An assignment of a claim arising in tort, other than a commercial tort claim, but NRS 104.9315 and 104.9322 apply with respect to proceeds and priorities in proceeds;

      (m) An assignment of a deposit account in a consumer transaction, but NRS 104.9315 and 104.9322 apply with respect to proceeds and priorities in proceeds; or

      (n) A transfer by a government or governmental unit.

      (Added to NRS by 1999, 294; A 2001, 719)

     

Notes of Decisions
Cited in 7 cases, 1969–2017 · leading case: A.I. Credit Corp. v. Gohres
A.I. Credit Corp. v. Gohres (2004) nvd “See NRS 104.9109(4)(h); N.Y. UCC Art 9-104. 5 .”
Home Savings Ass'n v. General Electric Credit Corp. (1985) nev “NRS 104.9109(4). Pursuant to NRS 104.2326, which governs consignment sales, the nineteen *602 units are deemed to be on “sale or return” and, hence, “subject to the claims of the buyer’s creditors” where NRS 104.”
AICCO, Inc. v. Lisowski (In Re Silver State Helicopters, LLC) (2009) nvb “See SJ Motion at 11:9-23, *856 citing, inter alia, NRS 104.9109(4)(h); In re Anchorage Nautical Tours, Inc.”
All Nite Garage, Inc. v. AAA TOWING, OF RENO (1969) nev ““A transfer of a substantial part of the equipment (NRS 104.9109) of such an enterprise is a bulk transfer if it is made in connection with a bulk transfer of inventory, but not otherwise.”
May v. G.M.B., Inc. (1989) nev “” See NRS 104.9109(2). GMB contends that whether it had “knowledge” of the Mays’ security interest, thus placing it outside the provisions of NRS 104.”
NATIONSTAR MORTG., LLC VS. SATICOY BAY LLC SERIES 2227 SHADOW CANYON (2017) nev · cites it 2× “See NRS 104.9109(1); U.C.C. § 9-109(a) (Am. Law Inst & Unif.”
NATIONSTAR MORTG., LLC VS. SATICOY BAY LLC SERIES 2227 SHADOW CANYON (2017) nev “See NRS 104.9109(1); U.C.C. § 9-109(a) (Am. Law Inst & Unif.”
— Nev. Rev. Stat. § 104.9109(1) — 2 cases
NATIONSTAR MORTG., LLC VS. SATICOY BAY LLC SERIES 2227 SHADOW CANYON (2017) nev “See NRS 104.9109(1); U.C.C. § 9-109(a) (Am. Law Inst & Unif.”
NATIONSTAR MORTG., LLC VS. SATICOY BAY LLC SERIES 2227 SHADOW CANYON (2017) nev “See NRS 104.9109(1); U.C.C. § 9-109(a) (Am. Law Inst & Unif.”
— Nev. Rev. Stat. § 104.9109(2) — 1 case
May v. G.M.B., Inc. (1989) nev “” See NRS 104.9109(2). GMB contends that whether it had “knowledge” of the Mays’ security interest, thus placing it outside the provisions of NRS 104.”
— Nev. Rev. Stat. § 104.9109(4) — 1 case
Home Savings Ass'n v. General Electric Credit Corp. (1985) nev “NRS 104.9109(4). Pursuant to NRS 104.2326, which governs consignment sales, the nineteen *602 units are deemed to be on “sale or return” and, hence, “subject to the claims of the buyer’s creditors” where NRS 104.”
— Nev. Rev. Stat. § 104.9109(4)(h) — 2 cases
A.I. Credit Corp. v. Gohres (2004) nvd “See NRS 104.9109(4)(h); N.Y. UCC Art 9-104. 5 .”
AICCO, Inc. v. Lisowski (In Re Silver State Helicopters, LLC) (2009) nvb “See SJ Motion at 11:9-23, *856 citing, inter alia, NRS 104.9109(4)(h); In re Anchorage Nautical Tours, Inc.”
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