Nevada Revised Statutes
Nev. Rev. Stat. § 162.060 (2026)
Check drawn by fiduciary payable to third person
✓ current as of July 2026
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NRS 162.060 Check drawn by fiduciary payable to third person. If a check or other bill of exchange is drawn
by a fiduciary as such, or in the name of his or her principal by a fiduciary
empowered to draw such instrument in the name of the principal, the payee is
not bound to inquire whether the fiduciary is committing a breach of his or her
obligation as fiduciary in drawing or delivering the instrument, and is not
chargeable with notice that the fiduciary is committing a breach of his or her
obligation as fiduciary unless the payee takes the instrument with actual
knowledge of such breach or with knowledge of such facts that this action in
taking the instrument amounts to bad faith. If, however, such instrument is
payable to a personal creditor of the fiduciary and delivered to the creditor
in payment of or as security for a personal debt of the fiduciary to the actual
knowledge of the creditor, or is drawn and delivered in any transaction known
by the payee to be for the personal benefit of the fiduciary, the creditor or
other payee is liable to the principal if the fiduciary in fact commits a
breach of his or her obligation as fiduciary in drawing or delivering the
instrument.
[5:44:1923; NCL § 2989]
Notes of Decisions
Cited in 1
case, 1976–1976 · leading case: Guild v. First Nat'l Bank of Nevada, 553 P.2d 955 (Nev. 1976).
Guild v. First Nat'l Bank of Nevada, 553 P.2d 955 (Nev. 1976). “NRS 162.060; NRS 162.090. 5 A mere failure to make inquiry, even though there are suspicious circumstances, does not constitute “bad faith” unless the failure is due to a deliberate desire to evade knowledge because of a belief or fear that the inquiry would disclose a vice or…”
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