Nev. Rev. Stat. § 104.9203

Attachment and enforceability of security interest; proceeds; supporting obligations; formal requisites

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NRS 104.9203  Attachment and enforceability of security interest; proceeds; supporting obligations; formal requisites.

      1.  A security interest attaches to collateral when it becomes enforceable against the debtor with respect to the collateral, unless an agreement expressly postpones the time of attachment.

      2.  Except as otherwise provided in subsections 3 to 9, inclusive, a security interest is enforceable against the debtor and third parties with respect to the collateral only if:

      (a) Value has been given;

      (b) The debtor has rights in the collateral or the power to transfer rights in the collateral to a secured party; and

      (c) One of the following conditions is met:

             (1) The debtor has signed a security agreement that provides a description of the collateral and, if the security interest covers timber to be cut, a description of the land concerned;

             (2) The collateral is not a certificated security and is in the possession of the secured party under NRS 104.9313 pursuant to the debtor’s security agreement;

             (3) The collateral is a certificated security in registered form and the security certificate has been delivered to the secured party under NRS 104.8301 pursuant to the debtor’s security agreement;

             (4) The collateral is controllable accounts, controllable electronic records, controllable payment intangibles, deposit accounts, electronic documents, investment property or letter-of-credit rights, and the secured party has control under NRS 104.7106, 104.9104, 104.9106, 104.9107 or 104.910701 pursuant to the debtor’s security agreement; or

             (5) The collateral is chattel paper and the secured party has possession and control under NRS 104.931401 pursuant to the debtor’s security agreement.

      3.  Subsection 2 is subject to NRS 104.4210 on the security interest of a collecting bank, NRS 104.5118 on the security interest of a letter-of-credit issuer or nominated person, NRS 104.9110 on a security interest arising under Article 2 or 2A, and NRS 104.9206 on security interests in investment property.

      4.  A person becomes bound as debtor by a security agreement entered into by another person if, by operation of law other than this Article or by contract:

      (a) The security agreement becomes effective to create a security interest in his or her property; or

      (b) He or she becomes generally obligated for the obligations of the other person, including the obligation secured under the security agreement, and acquires or succeeds to all or substantially all of the assets of the other person.

      5.  If a new debtor becomes bound as debtor by a security agreement entered into by another person:

      (a) The agreement satisfies paragraph (c) of subsection 2 with respect to existing or after-acquired property of the new debtor to the extent the property is described in the agreement; and

      (b) Another agreement is not necessary to make a security interest in the property enforceable.

      6.  The attachment of a security interest in collateral gives the secured party the rights to proceeds provided by NRS 104.9315 and is also attachment of a security interest in a supporting obligation for the collateral.

      7.  The attachment of a security interest in a right to payment or performance secured by a security interest or other lien on personal or real property is also attachment of a security interest in the security interest, mortgage or other lien.

      8.  The attachment of a security interest in a securities account is also attachment of a security interest in the security entitlements carried in the securities account.

      9.  The attachment of a security interest in a commodity account is also attachment of a security interest in the commodity contracts carried in the commodity account.

      (Added to NRS by 1999, 296; A 2005, 869; 2023, 3205)

     

Notes of Decisions
Cited in 8 cases, 1980–2009 · leading case: JPMorgan Chase Bank, N.A. v. KB Home
JPMorgan Chase Bank, N.A. v. KB Home (2009) nvd · cites it 2× “2006) (citing Nev.Rev.Stat. § 104.9203(a)-(e)). A description of collateral is suffi *1021 cient when “it reasonably identifies what is described.”
In Re SCHWALB (2006) nvb · cites it 2× “” Nev. Rev. Stat. § 104.9203 . Attachment, in turn, has three requirements: (1) value has to have been given; (2) the debtor must have rights in the collateral; and (3) either (a) the debtor has authenticated a security agreement that provides a description of the collateral, or…”
Valley Bank of Nevada v. City of Henderson (1981) nvd · cites it 2× “Section 104.9203(l)(c). 4 The interest obtained by Valley Bank via these assignments, however, was not a security interest within the meaning of Section 6323(h)(1), inasmuch as its rights were not protected under local law against a judgment lien arising out of an unsecured…”
Daniel v. United States Dept. of Treasury (In Re R&T Roofing Structures & Commercial Framing, Inc.) (1984) nvb “§ 104.9203 (1979), "a security interest is not enforceable against the debtor or third parties with respect to the collateral and does not attach unless .”
May v. G.M.B., Inc. (1989) nev · cites it 2× “2d 1097, 1098 (1974) (citations omitted); NRS 104.9203. “Perfection” of a security interest is to be distinguished from its attachment.”
In re Hamilton Associates, Inc. (1986) nvb · cites it 2× “See Nev.Rev.Stat. § 104.9203(1), (2). Pioneer also had satisfied the requirements for perfection by filing a financing statement covering the collateral with the secretary of state.”
In Re Ballard (1989) nvb · cites it 2× “Sufficiency of Keystone’s Security Agreement Section 104.9203 of the Nevada Revised Statutes provides in pertinent part: 1.”
Love v. Wells (1980) nev “The district court ruled that Love did not have an enforceable security interest since NRS 104.9203 was not complied with in that the financing statement offered to show a security interest did not contain language creating a security interest.”
— Nev. Rev. Stat. § 104.9203(1) — 1 case
In re Hamilton Associates, Inc. (1986) nvb “See Nev.Rev.Stat. § 104.9203(1), (2). Pioneer also had satisfied the requirements for perfection by filing a financing statement covering the collateral with the secretary of state.”
— Nev. Rev. Stat. § 104.9203(a) — 1 case
JPMorgan Chase Bank, N.A. v. KB Home (2009) nvd “2006) (citing Nev.Rev.Stat. § 104.9203(a)-(e)). A description of collateral is suffi *1021 cient when “it reasonably identifies what is described.”
— Nev. Rev. Stat. § 104.9203(l)(c) — 1 case
Valley Bank of Nevada v. City of Henderson (1981) nvd “Section 104.9203(l)(c). 4 The interest obtained by Valley Bank via these assignments, however, was not a security interest within the meaning of Section 6323(h)(1), inasmuch as its rights were not protected under local law against a judgment lien arising out of an unsecured…”
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