Nev. Rev. Stat. » NRS: CHAPTER 104 - UNIFORM COMMERCIAL CODE—ORIGINAL ARTICLES

Nev. Rev. Stat. § 104.9301

Law governing perfection and priority of security interests

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NRS 104.9301  Law governing perfection and priority of security interests.  Except as otherwise provided in NRS 104.9303 to 104.930602, inclusive, the following rules determine the law governing perfection, the effect of perfection or nonperfection, and the priority of a security interest in collateral:

      1.  Except as otherwise provided in this section, while a debtor is located in a jurisdiction, the law of that jurisdiction governs perfection, the effect of perfection or nonperfection, and the priority of a security interest in collateral.

      2.  While collateral is located in a jurisdiction, the law of that jurisdiction governs perfection, the effect of perfection or nonperfection, and the priority of a possessory security interest in that collateral.

      3.  Except as otherwise provided in subsections 4, 5 and 6, while negotiable tangible documents, goods, instruments or money is located in a jurisdiction, the law of that jurisdiction governs the effect of perfection or nonperfection, and the priority of a nonpossessory security interest.

      4.  While goods are located in a jurisdiction, the law of that jurisdiction governs perfection of a security interest in the goods by a fixture filing.

      5.  The law of the jurisdiction in which timber to be cut is located governs perfection of a security interest in the timber.

      6.  The law of the jurisdiction in which the wellhead or minehead is located governs perfection, the effect of perfection or nonperfection, and the priority of a security interest in as-extracted collateral.

      (Added to NRS by 1999, 301; A 2005, 872; 2023, 3210)

     

Notes of Decisions
Cited in 11 cases (1 in the last 5 years), 1972–2025 · leading case: NEVADA R. & S. CO. v. United States Dept. of Treasury IRS
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NEVADA R. & S. CO. v. United States Dept. of Treasury IRS (1974) nvd · cites it 14× “9302) to protect its interest against third party creditors (NRS § 104.9301), the assignment is neverthe- less binding between the parties.”
In Re SCHWALB (2006) nvb · cites it 2× “Nev. Rev. Stat. § 104.9301 . In examining Pioneer's conduct, the court, however, will also refer to generic sections of the UCC, to the national comments to that statute, and to decisions construing the UCC from other states.”
Board of Trustees of the Vacation Trust Carpenters Local No. 1780 v. Durable Developers, Inc. (1986) nev · cites it 2× “See NRS 104.9301. The lower court further determined that $129,000 of the $250,000 assignment, which was given to satisfy the previous indebtedness of Marchini, was exempt from coverage under Article Nine of the UCC because it was not intended to have an effect as security,…”
Stockton Kenworth, Inc. v. Mentzer Detroit Diesel, Inc. (1985) nev · cites it 3× “For example, NRS 104.9301 provides: 104.9301 Persons who take priority over unperfected security interests; right of “lien creditor.”
Valley Bank of Nevada v. City of Henderson (1981) nvd · cites it 2× “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 obligation. To obtain a…”
May v. G.M.B., Inc. (1989) nev · cites it 5× “Therefore, in GMB’s view, if UCC Article 9 applies to the transaction, it is entitled to prevail pursuant to NRS 104.9301(l)(c). 7 We disagree. We believe Nick Holt’s deposition testimony, viewed in the light most favorable to the Mays, established GMB’s knowledge of the Mays’…”
Kulik v. Albers Incorporated (1975) nev · cites it 3× “NRS 104.9301 (1) (b) provides: “. . . An unperfected security interest is subordinated to the rights of: .”
Walker Bank & Trust Co. v. Smith (1972) nev · cites it 2× “Although a lien creditor may take priority over an unperfected security interest in certain situations, NRS 104.9301 (l)(b), it is clear that a security interest which is perfected before one becomes a lien creditor enjoys a preferred position.”
Montana v. Blixseth (In Re Blixseth) (2012) bap9 “9102 (pp) (defining general 4 intangibles); Nev. Rev. Stat. § 104.9301 (perfection principles).”
Nat'l Truck Funding LLC v. Yolo Capital Inc. (In re Nat'l Truck Funding LLC) (2018) mssb “" Nev. Rev. Stat. § 104.9301 (1) ; see also Miss.”
In re: Global One Media, Inc. (2025) bap9 “See NRS 104.9301(1) & (3), N.M. Stat. Ann. § 55-9-301 (1) & (3).”
— Nev. Rev. Stat. § 104.9301(1) — 2 cases
NEVADA R. & S. CO. v. United States Dept. of Treasury IRS (1974) nvd “9302) to protect its interest against third party creditors (NRS § 104.9301), the assignment is neverthe- less binding between the parties.”
In re: Global One Media, Inc. (2025) bap9 “See NRS 104.9301(1) & (3), N.M. Stat. Ann. § 55-9-301 (1) & (3).”
— Nev. Rev. Stat. § 104.9301(1)(b) — 1 case
Valley Bank of Nevada v. City of Henderson (1981) nvd “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 obligation. To obtain a…”
— Nev. Rev. Stat. § 104.9301(3) — 3 cases
NEVADA R. & S. CO. v. United States Dept. of Treasury IRS (1974) nvd “9302) to protect its interest against third party creditors (NRS § 104.9301), the assignment is neverthe- less binding between the parties.”
Walker Bank & Trust Co. v. Smith (1972) nev “Although a lien creditor may take priority over an unperfected security interest in certain situations, NRS 104.9301 (l)(b), it is clear that a security interest which is perfected before one becomes a lien creditor enjoys a preferred position.”
Kulik v. Albers Incorporated (1975) nev “NRS 104.9301 (1) (b) provides: “. . . An unperfected security interest is subordinated to the rights of: .”
— Nev. Rev. Stat. § 104.9301(l)(b) — 1 case
Board of Trustees of the Vacation Trust Carpenters Local No. 1780 v. Durable Developers, Inc. (1986) nev “See NRS 104.9301. The lower court further determined that $129,000 of the $250,000 assignment, which was given to satisfy the previous indebtedness of Marchini, was exempt from coverage under Article Nine of the UCC because it was not intended to have an effect as security,…”
— Nev. Rev. Stat. § 104.9301(l)(c) — 1 case
May v. G.M.B., Inc. (1989) nev “Therefore, in GMB’s view, if UCC Article 9 applies to the transaction, it is entitled to prevail pursuant to NRS 104.9301(l)(c). 7 We disagree. We believe Nick Holt’s deposition testimony, viewed in the light most favorable to the Mays, established GMB’s knowledge of the Mays’…”
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