Nevada Revised Statutes
Nev. Rev. Stat. § 162.090 (2026)
Check drawn upon account of principal
✓ current as of July 2026
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NRS 162.090 Check drawn upon account of principal. If
a check is drawn upon the account of his or her principal in a bank by a
fiduciary who is empowered to draw checks upon the principal’s account, the
bank is authorized to pay such check without being liable to the principal,
unless the bank pays the check with actual knowledge that the fiduciary is
committing a breach of his or her obligation as fiduciary in drawing such
check, or with knowledge of such facts that its action in paying the check
amounts to bad faith. If, however, such a check is payable to the drawee bank
and is delivered to it in payment of or as security for a personal debt of the
fiduciary to it, the bank 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 check.
[8:44:1923; NCL § 2992]
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). “In the instant case, NRS 162.090, covering the duty of a bank when a check is drawn upon the account of a principal by a fiduciary, is controlling with regard to Adrian’s withdrawal of the $17,000 from West’s account, and the issuance of the $37,000 cashier’s check to Adrian.”
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