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Nevada Revised Statutes - Commercial Instruments and TransactionsLegal Research Home > Nevada Lawyer > Commercial Instruments and Transactions > Nevada Revised Statutes - Commercial Instruments and Transactions Sponsored LinksNevada Revised Statutes Section 97A.010 Definitions. As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 97A.020 to 97A.130, inclusive, have the meanings ascribed to them in those ...
Nevada Revised Statutes Section 97A.020 “Authorized user” defined. “Authorized user” means any person granted express, implied or apparent authority to use the credit card or credit card account of a cardholder. The term includes a ...
Nevada Revised Statutes Section 97A.030 “Beneficial use” defined. “Beneficial use” means any use made of the credit card or credit card account of a cardholder by a person other than the cardholder that results in ...
Nevada Revised Statutes Section 97A.040 “Cardholder” defined. “Cardholder” means a person:
1. Who establishes a credit card account; 2. Whose name appears on the credit card issued on that account; and 3. ... Nevada Revised Statutes Section 97A.050 “Credit card” defined. “Credit card” means any instrument or device, whether known as a credit card, credit plate, or by any other name, issued with or without fee by an ...
Nevada Revised Statutes Section 97A.060 “Credit card account” defined. “Credit card account” means an open line of credit offered by an issuer to a cardholder which is accessed by obtaining money, property, goods, services or ...
Nevada Revised Statutes Section 97A.070 “False or fraudulent application” defined. “False or fraudulent application” means any written request for the issuance of a credit card, whether or not on a form prescribed by an issuer, ...
Nevada Revised Statutes Section 97A.080 “Financial institution” defined. “Financial institution” means:
1. A bank, commercial bank or banking corporation as defined in NRS 657.016; 2. A banking institution which is authorized to issue ... Nevada Revised Statutes Section 97A.090 “Interest” defined.
1. “Interest,” however denominated or expressed, means the amount which is paid or payable for the privilege of purchasing goods or services with a credit card to ... Nevada Revised Statutes Section 97A.100 “Issuer” defined. “Issuer” means a financial institution, or an authorized agent of a financial institution, that issues a credit card. ...
Nevada Revised Statutes Section 97A.110 “Joint account” defined. “Joint account” means a credit card account for which two or more persons agree in writing to be jointly and severally liable for all authorized charges incurred ...
Nevada Revised Statutes Section 97A.120 “Secondary cardholder” defined. “Secondary cardholder” means a person whose name appears on a credit card at the request of the cardholder for the purpose of authorizing that person to use ...
Nevada Revised Statutes Section 97A.130 “Service provider” defined. “Service provider” means any financial institution or organization retained by an issuer pursuant to a written agreement to provide services related to the administration of credit card ...
Nevada Revised Statutes Section 97A.140 Request from cardholder required before issuance of credit card; provision and change of terms and conditions for use of credit card; interest; applicable law.
1. An issuer located in ... Nevada Revised Statutes Section 97A.150 Liability for charges incurred on credit card account.
1. A cardholder is personally liable for all charges incurred on his credit card account by: (a) The cardholder or ... Nevada Revised Statutes Section 97A.160 Records required in action to collect debt: Establishment of liability and amount; authentication; retention.
1. Notwithstanding the provisions of chapter 52 of NRS, in any action brought to collect ... Nevada Revised Statutes Section 97A.170 Rights of issuer or service provider; action to determine liability for unauthorized negotiable instrument used to make payment.
1. An issuer or service provider shall be deemed to be ... Nevada Revised Statutes Section 97A.180 Transfer of information if issuer is subsidiary.
1. If an issuer is a subsidiary directly or indirectly owned by a bank holding company as defined in 12 U.S.C. § ... Nevada Revised Statutes Section 97.015 Definitions. As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 97.017 to 97.145, inclusive, have the meanings ascribed to them in those ...
Nevada Revised Statutes Section 97.017 “Amount financed” defined. “Amount financed” means the cash sale price of the goods or services which are the subject matter of a retail installment contract less the amount of the ...
Nevada Revised Statutes Section 97.025 “Cash sale price” defined. “Cash sale price” means the price for which the seller would have sold or furnished to the buyer, and the buyer would have bought or obtained ...
Nevada Revised Statutes Section 97.031 “Finance charge” defined. “Finance charge” means the cost of credit indicated in a dollar amount. The term includes any charge payable directly or indirectly by the buyer and imposed directly ...
Nevada Revised Statutes Section 97.035 “Goods” defined. “Goods” means:
1. All tangible personal property, whether movable at the time of purchase or a fixture, which is used or bought for use primarily for personal, ... Nevada Revised Statutes Section 97.055 “Official fees” defined. “Official fees” means fees prescribed by law for perfecting, transferring or releasing a security interest created by a retail installment transaction. ...
Nevada Revised Statutes Section 97.075 “Rate” defined. “Rate” means the percentage which, when multiplied times the unpaid balance for each month or other installment period, yields the amount of the finance charge for that month ...
Nevada Revised Statutes Section 97.085 “Retail buyer” and “buyer” defined. “Retail buyer” or “buyer” means a person who buys or hires goods from, or gives or agrees to give a security interest in goods to, ...
Nevada Revised Statutes Section 97.095 “Retail charge agreement” defined. “Retail charge agreement” means an agreement entered into or performed in this state prescribing the terms of retail installment transactions in which the buyer may pay, ...
Nevada Revised Statutes Section 97.105 “Retail installment contract” and “contract” defined.
1. “Retail installment contract” or “contract” means a contract, other than a retail charge agreement or an instrument reflecting a sale made pursuant ... Nevada Revised Statutes Section 97.115 “Retail installment transaction” defined. “Retail installment transaction” means a transaction in which a retail buyer purchases goods or services from a retail seller pursuant to a retail installment contract or ...
Nevada Revised Statutes Section 97.125 “Retail seller” and “seller” defined. “Retail seller” or “seller” means:
1. A person engaged in the business of selling or leasing goods or services to retail buyers or a ... Nevada Revised Statutes Section 97.135 “Services” defined. “Services” means work, labor or services of any kind when purchased primarily for personal, family or household use and not for commercial or business use whether or not ...
Nevada Revised Statutes Section 97.145 “Total of payments” defined. “Total of payments” means the amount financed plus the finance charge. ...
Nevada Revised Statutes Section 97.165 Contract contained in single document; date, signatures and size of type; fee for cancellation.
1. Every retail installment contract must be contained in a single document which must contain ... Nevada Revised Statutes Section 97.175 Seller to deliver or mail copy of contract to buyer. The retail seller shall deliver to the retail buyer, or mail to him at his address shown on the retail ...
Nevada Revised Statutes Section 97.185 Contents of contract.
1. A retail installment contract must contain the names of the seller and the buyer, the place of business of the seller, the residence or other ... Nevada Revised Statutes Section 97.195 Amount of finance charge and any other fee, expense or charge. The amount of the finance charge in any retail installment contract and of any other fee, expense or charge ...
Nevada Revised Statutes Section 97.205 Contracts negotiated and entered into by mail or telephone based on seller’s catalog or printed solicitation; preparation and delivery of memorandum.
1. Retail installment contracts negotiated and entered into ... Nevada Revised Statutes Section 97.215 Blank spaces in contracts. The seller shall not obtain the signature of the buyer to any contract when it contains blank spaces of items which are essential provisions of the ...
Nevada Revised Statutes Section 97.225 Prepayment of unpaid total of payments; refund.
1. Notwithstanding the provisions of any retail installment contract to the contrary, if the rights of the buyer have not been terminated ... Nevada Revised Statutes Section 97.235 Consolidated contracts; memoranda.
1. If retail installment purchases are made by a buyer from a seller, the subsequent retail installment purchases may, by agreement of the parties, be consolidated ... Nevada Revised Statutes Section 97.245 Retail charge agreements: Finance charge; contents of monthly statements; notice of change in terms.
1. The amount of the finance charge in any retail charge agreement may be any ... Nevada Revised Statutes Section 97.253 Rights of retail seller; action to determine liability for unauthorized negotiable instrument used to make payment.
1. A retail seller shall be deemed to be a payee with respect ... Nevada Revised Statutes Section 97.265 Insurance. If the cost of any insurance is included in the retail installment contract or retail charge agreement:
1. The contract or agreement must state the nature, purpose, term ... Nevada Revised Statutes Section 97.275 Invalidity of provisions of contract or agreement; waiver of provisions of chapter ineffective.
1. No provision of a retail installment contract or retail charge agreement shall be valid by ... Nevada Revised Statutes Section 97.285 Provisions of chapter governing retail installment transactions exclusive. Except as otherwise provided by specific statute, the provisions of this chapter governing retail installment transactions are exclusive, and the provisions of ...
Nevada Revised Statutes Section 97.297 “Vehicle” defined. For the purposes of NRS 97.299 and 97.301, “vehicle” has the meaning ascribed to it in NRS 482.135. ...
Nevada Revised Statutes Section 97.299 Forms for contracts and applications for credit: Adoption of regulations prescribing forms; contents; acceptance; translation into Spanish; amendment of forms.
1. The Commissioner of Financial Institutions shall prescribe, by ... Nevada Revised Statutes Section 97.301 Forms for contracts and application for credit: When use is mandatory. When a vehicle is sold in this state under the circumstances described in subsection 1 of NRS 97.299, the ...
Nevada Revised Statutes Section 97.305 Violation bar to recovery. A seller who enters into a contract or retail charge agreement which does not comply with the provisions of this chapter or who violates any provision ...
Nevada Revised Statutes Section 97.315 Injunction to prevent violation. The Attorney General or the district attorney may bring an action in the name of the state against any person to restrain and prevent any violation ...
Nevada Revised Statutes Section 97.325 Assurance of discontinuance. In the enforcement of this chapter, the Attorney General may accept an assurance of discontinuance of any act or practice deemed in violation of this chapter, from ...
Nevada Revised Statutes Section 97.335 Civil penalties. Any person who violates any order or injunction issued pursuant to this chapter shall forfeit and pay a civil penalty of not more than $1,000. For the purposes ...
Nevada Revised Statutes Section 99.010 Dollar, cent and mill to be money of account. The money of account of this state shall be the dollar, cent and mill. All the accounts in the public offices, ...
Nevada Revised Statutes Section 99.020 Suits on accounts, notes or bonds expressed in other money of account: Reduction to dollars or parts of dollars. Nothing contained in NRS 99.010 shall vitiate or affect any account, ...
Nevada Revised Statutes Section 99.030 Obligations, judgments or executions payable in legal money. After February 15, 1893, all official bonds and undertakings, and all obligations of debt, judgments or executions stated in terms of dollars ...
Nevada Revised Statutes Section 99.040 Interest rate when no express written contract fixes rate.
1. When there is no express contract in writing fixing a different rate of interest, interest must be allowed at ... Nevada Revised Statutes Section 99.050 Agreed interest rates; compounding; charges or fees. Parties may agree for the payment of any rate of interest on money due or to become due on any contract, for the ...
Nevada Revised Statutes Section 99.055 Prepayment of loans. When any loan is prepaid, the amount of interest earned must be computed by applying the agreed rate to the unpaid balance for each period. Any greater ...
Nevada Revised Statutes Section 99.060 Definitions relating to public securities.
1. As applied to bonds or other securities issued by this state or any political subdivision or municipal or public corporation of this state, ... Nevada Revised Statutes Section 99.065 Public securities: Compound interest authorized; repayment.
1. Bonds or other securities issued by this state or any of its political subdivisions may provide for the payment of compound interest. ... Nevada Revised Statutes Section 99.070 Obligations of United States Postal Service and Federal National Mortgage Association. Notwithstanding any other provision of law, obligations issued by the United States Postal Service or the Federal National Mortgage ...
Nevada Revised Statutes Section 100.010 Assignment for creditors.
1. Subject to the provisions of subsection 2, in all assignments of property, whether real or personal, which shall hereafter be made by any person or ... Nevada Revised Statutes Section 100.020 Levy of attachment or execution: Written notice; service; payment of claim; disputed claims; hearing; costs and pro rata payments.
1. In all cases of execution, attachment and writs of ... Nevada Revised Statutes Section 100.030 NRS 100.010 and 100.020 not to affect prior liens. Nothing contained in NRS 100.010 and 100.020 shall be construed to affect any homestead claims, mortgage or lien of any ...
Nevada Revised Statutes Section 100.040 Requiring resort to different funds. Where a creditor is entitled to resort to each of several funds for the satisfaction of his claim, and another person has an interest in, ...
Nevada Revised Statutes Section 100.050 Order of resort to different funds. Where one has a lien upon several things, and other persons have subordinate liens upon, or interests in, some but not all of the ...
Nevada Revised Statutes Section 100.060 Agreements between principals and sureties for joint control of assets. It is lawful for any party of whom a bond, undertaking or other obligation is required, to agree with his ...
Nevada Revised Statutes Section 100.065 Deposits authorized in lieu of cash payment or surety bond for protection of State; surety bond must be issued by authorized insurer.
1. In lieu of any cash payment ... Nevada Revised Statutes Section 100.075 Creditor’s rights transferable without consent of debtor. Any creditor may, without the consent of the debtor, transfer all or any part of his rights against the debtor to any third ...
Nevada Revised Statutes Section 100.085 Deposits in names of two or more persons.
1. When a deposit has been made in the name of the depositor and one or more other persons, and in ... Nevada Revised Statutes Section 100.091 Impound account required under loan secured by real property: Annual analysis; statements; increase in contributions; disposition of excess money.
1. For each loan requiring the deposit of money to ... Nevada Revised Statutes Section 100.095 Definitions. As used in NRS 100.095 to 100.175, inclusive:
1. “Commercial vehicle lease” means a bailment or lease of a single vehicle by a person for a period of ... Nevada Revised Statutes Section 100.105 Disclosures required before commercial vehicle lease consummated.
1. Before a commercial vehicle lease is consummated, the lessor must give the lessee a dated written statement on which the lessor ... Nevada Revised Statutes Section 100.115 Liability of lessor under commercial vehicle lease for failure to disclose.
1. Except as otherwise provided in this section, any lessor under a commercial vehicle lease who fails to ... Nevada Revised Statutes Section 100.125 Reasonableness of estimated residual value of vehicle under commercial vehicle lease.
1. Where the commercial vehicle lease contains an amount identified as the lessee’s liability upon expiration of the ... Nevada Revised Statutes Section 100.135 Appraisal of vehicle when commercial vehicle lease terminates or expires. If the commercial vehicle lease provides that the lessee is liable for an amount based on the residual value of ...
Nevada Revised Statutes Section 100.145 Obtaining bids to establish residual value of vehicle when value or method of establishing value not agreed upon.
1. Where the lessee’s liability on the date any vehicle lease ... Nevada Revised Statutes Section 100.155 Notice of lessor’s intention to establish residual value of vehicle.
1. The lessor shall give the lessee written notice of his intention to establish the residual value of the ... Nevada Revised Statutes Section 100.165 Lessee’s right to submit bid for purchase of vehicle; effect of lessee’s bid.
1. The lessee has the right at any time before the lessor establishes the value of ... Nevada Revised Statutes Section 100.175 Penalty on lessor for failure to comply with NRS 100.145 to 100.165, inclusive. If the lessor under a vehicle lease or a commercial vehicle lease fails to comply ...
Nevada Revised Statutes Section 101.010 Short title. This chapter may be cited as the Uniform Joint Obligations Act. ...
Nevada Revised Statutes Section 101.020 Terms defined. In this chapter, unless otherwise expressly stated: 1. “Obligation” includes a liability in tort. 2. “Obligee” includes a person having a right based on a tort. Nevada Revised Statutes Section 101.030 Discharge of coobligor by judgment. A judgment against one or more of several obligors, or against one or more of joint, or of joint and several obligors, shall not discharge ...
Nevada Revised Statutes Section 101.040 Payments credited to coobligors. The amount or value of any consideration received by the obligee from one or more of several obligors, or from one or more of joint, or ...
Nevada Revised Statutes Section 101.050 Release with reservation of rights. Subject to the provisions of NRS 101.040, the obligee’s release or discharge of one or more of several obligors, or of one or more of ...
Nevada Revised Statutes Section 101.060 Release without reservation of rights.
1. If an obligee releasing or discharging an obligor without express reservation of rights against a coobligor, then knows or has reason to know ... Nevada Revised Statutes Section 101.070 Death of joint obligor. On the death of a joint obligor in contract, his executor or administrator shall be bound as such jointly with the surviving obligor or obligors. ...
Nevada Revised Statutes Section 101.080 Chapter not retroactive. This chapter shall not apply to obligations arising prior to July 1, 1927. ...
Nevada Revised Statutes Section 101.090 Uniformity of interpretation. This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it. ...
Nevada Revised Statutes Section 102.010 Short title. This chapter may be cited as the Uniform Interparty Agreement Act. ...
Nevada Revised Statutes Section 102.020 Interparty transactions validated. A conveyance, release, or sale may be made to or by two or more persons acting jointly and one or more, but less than all, of these ...
Nevada Revised Statutes Section 102.030 Merger of obligation and right in contract. No contract shall be discharged because after its formation the obligation and the right thereunder become vested in the same person, acting in ...
Nevada Revised Statutes Section 102.040 Fraudulent transactions. Nothing herein shall validate a transaction within its provisions which is actually or constructively fraudulent. ...
Nevada Revised Statutes Section 102.050 Chapter not retroactive. This chapter shall not apply to conveyances, releases, sales, or contracts made prior to July 1, 1927. ...
Nevada Revised Statutes Section 102.060 Uniformity of interpretation. This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it. ...
Nevada Revised Statutes Section 104A.010 Applicability of and references to Uniform Commercial Code.
1. The provisions of NRS 104.1101 to 104.1208, inclusive, apply to this chapter as if the provisions of this chapter were ... Nevada Revised Statutes Section 104A.200 Law applicable to transactions entered into before January 1, 1990. Transactions validly entered into before January 1, 1990, and the rights, duties and interests flowing therefrom remain valid thereafter and ...
Nevada Revised Statutes Section 104A.2101 Short title. This article shall be known and may be cited as Uniform Commercial Code—Leases. ...
Nevada Revised Statutes Section 104A.2102 Scope. This article applies to any transaction, regardless of form, that creates a lease. ...
Nevada Revised Statutes Section 104A.2103 Definitions and index of definitions.
1. In this article unless the context otherwise requires: (a) “Buyer in ordinary course of business” means a person who, in good faith ... Nevada Revised Statutes Section 104A.2104 Leases subject to other law.
1. A lease, although subject to this article, is also subject to any applicable: (a) Certificate of title statute of this State, including ... Nevada Revised Statutes Section 104A.2105 Territorial application of article to goods covered by certificate of title. Subject to the provisions of subsection 3 of NRS 104A.2304 and subsection 3 of NRS 104A.2305, with respect to ...
Nevada Revised Statutes Section 104A.2106 Limitation on power of parties to consumer lease to choose applicable law and judicial forum.
1. If the law chosen by the parties to a consumer lease is that ... Nevada Revised Statutes Section 104A.2107 Waiver or renunciation of claim or right after default. Any claim or right arising out of an alleged default or breach of warranty may be discharged in whole or in ...
Nevada Revised Statutes Section 104A.2108 Unconscionability.
1. If the court as a matter of law finds a lease contract or any clause of a lease contract to have been unconscionable at the time it ... Nevada Revised Statutes Section 104A.2109 Option to accelerate at will.
1. A term providing that one party or his successor in interest may accelerate payment or performance or require collateral or additional collateral “at ... Nevada Revised Statutes Section 104A.2201 Statute of frauds.
1. A lease contract is not enforceable by way of action or defense unless: (a) The total payments to be made under the lease contract, ... Nevada Revised Statutes Section 104A.2202 Final written expression: Parol or extrinsic evidence. Terms with respect to which the confirmatory memoranda of the parties agree or which are otherwise set forth in a writing intended by ...
Nevada Revised Statutes Section 104A.2203 Seals inoperative. The affixing of a seal to a writing evidencing a lease contract or an offer to enter into a lease contract does not render the writing a sealed ...
Nevada Revised Statutes Section 104A.2204 Formation in general.
1. A lease contract may be made in any manner sufficient to show agreement, including conduct by both parties which recognizes the existence of a lease ... Nevada Revised Statutes Section 104A.2205 Firm offers. An offer by a merchant to lease goods to or from another person in a signed writing that by its terms gives assurance it will be held open ...
Nevada Revised Statutes Section 104A.2206 Offer and acceptance in formation of lease contract.
1. Unless otherwise unambiguously indicated by the language or circumstances, an offer to make a lease contract must be construed as ... Nevada Revised Statutes Section 104A.2207 Course of performance or practical construction.
1. If a lease contract involves repeated occasions for performance by either party with knowledge of the nature of the performance and opportunity ... Nevada Revised Statutes Section 104A.2208 Modification, rescission and waiver.
1. An agreement modifying a lease contract needs no consideration to be binding. 2. A signed lease agreement that excludes modification or rescission except ... Nevada Revised Statutes Section 104A.2209 Lessee under finance lease as beneficiary of supply contract.
1. The benefit of the supplier’s promises to the lessor under the supply contract and of all warranties, whether express ... Nevada Revised Statutes Section 104A.2210 Express warranties.
1. Express warranties by the lessor are created as follows: (a) Any affirmation of fact or promise made by the lessor to the lessee which relates ... Nevada Revised Statutes Section 104A.2211 Warranties against interference and against infringement; lessee’s obligation against infringement.
1. There is in a lease contract a warranty that for the lease term no person holds a claim ... Nevada Revised Statutes Section 104A.2212 Implied warranty of merchantability.
1. Except in a finance lease, a warranty that the goods will be merchantable is implied in a lease contract if the lessor is a ... Nevada Revised Statutes Section 104A.2213 Implied warranty of fitness for particular purpose. Except in a finance lease, if the lessor at the time the lease contract is made has reason to know of any particular ...
Nevada Revised Statutes Section 104A.2214 Exclusion or modification of warranties.
1. Words or conduct relevant to the creation of an express warranty and words or conduct tending to negate or limit a warranty must ... Nevada Revised Statutes Section 104A.2215 Cumulation and conflict of warranties express or implied. Warranties, whether express or implied, must be construed as consistent with each other and as cumulative, but if that construction is unreasonable, ...
Nevada Revised Statutes Section 104A.2216 Third-party beneficiaries of express and implied warranties. A warranty to or for the benefit of a lessee under this article, whether express or implied, extends to any natural person who ...
Nevada Revised Statutes Section 104A.2217 Identification. Identification of goods as goods to which a lease contract refers may be made at any time and in any manner explicitly agreed to by the parties. In the ...
Nevada Revised Statutes Section 104A.2218 Insurance and proceeds.
1. A lessee obtains an insurable interest when existing goods are identified to the lease contract even though the goods identified are nonconforming and the lessee ... Nevada Revised Statutes Section 104A.2219 Risk of loss.
1. Except in the case of a finance lease, risk of loss is retained by the lessor and does not pass to the lessee. In the ... Nevada Revised Statutes Section 104A.2220 Effect of default on risk of loss.
1. Where risk of loss is to pass to the lessee and the time of passage is not stated: (a) If ... Nevada Revised Statutes Section 104A.2221 Casualty to identified goods. If a lease contract requires goods identified when the lease contract is made, and the goods suffer casualty without fault of the lessee, the lessor or ...
Nevada Revised Statutes Section 104A.2301 Enforceability of lease contract. Except as otherwise provided in this article, a lease contract is effective and enforceable according to its terms between the parties, against purchasers of the goods ...
Nevada Revised Statutes Section 104A.2302 Title to and possession of goods. Except as otherwise provided in this article, each provision of this article applies whether the lessor or a third party has title to the ...
Nevada Revised Statutes Section 104A.2303 Alienability of party’s interest under lease contract or of lessor’s residual interest in goods; delegation of performance; transfer of rights.
1. As used in this section, “creation of a ... Nevada Revised Statutes Section 104A.2304 Subsequent lease of goods by lessor.
1. Subject to the provisions of NRS 104A.2303, a subsequent lessee from a lessor of goods under an existing lease contract obtains, to ... Nevada Revised Statutes Section 104A.2305 Sale or sublease of goods by lessee.
1. Subject to the provisions of NRS 104A.2303, a buyer or sublessee from the lessee of goods under an existing lease contract ... Nevada Revised Statutes Section 104A.2306 Priority of certain liens arising by operation of law. If a person in the ordinary course of his business furnishes services or materials with respect to goods subject to a ...
Nevada Revised Statutes Section 104A.2307 Priority of liens arising by attachment or levy on, security interests in and other claims to goods.
1. Except as otherwise provided in NRS 104A.2306, a creditor of a ... Nevada Revised Statutes Section 104A.2308 Special rights of creditors.
1. A creditor of a lessor in possession of goods subject to a lease contract may treat the lease contract as void if as against ... Nevada Revised Statutes Section 104A.2309 Lessor’s and lessee’s rights when goods become fixtures.
1. In this section: (a) Goods are “fixtures” when they become so related to particular real estate that an interest ... Nevada Revised Statutes Section 104A.2310 Lessor’s and lessee’s rights when goods become accessions.
1. Goods are “accessions” when they are installed in or affixed to other goods. 2. The interest of a lessor ... Nevada Revised Statutes Section 104A.2311 Priority subject to subordination. Nothing in this article prevents subordination by agreement by any person entitled to priority. ...
Nevada Revised Statutes Section 104A.2401 Insecurity: Adequate assurance of performance.
1. A lease contract imposes an obligation on each party that the other’s expectation of receiving due performance will not be impaired. 2. ... Nevada Revised Statutes Section 104A.2402 Anticipatory repudiation. If either party repudiates a lease contract with respect to a performance not yet due under the lease contract, the loss of which performance will substantially impair the ...
Nevada Revised Statutes Section 104A.2403 Retraction of anticipatory repudiation.
1. Until the repudiating party’s next performance is due, the repudiating party can retract the repudiation unless, since the repudiation, the aggrieved party has cancelled ... Nevada Revised Statutes Section 104A.2404 Substituted performance.
1. If without fault of the lessee, the lessor and the supplier, the agreed berthing, loading or unloading facilities fail or the agreed type of carrier becomes ... Nevada Revised Statutes Section 104A.2405 Excused performance. Subject to NRS 104A.2404 on substituted performance, the following rules apply:
1. Delay in delivery or nondelivery in whole or in part by a lessor or a ... Nevada Revised Statutes Section 104A.2406 Procedure on excused performance.
1. If the lessee receives notification of a material or indefinite delay or an allocation justified under NRS 104A.2405, the lessee may by written notification ... Nevada Revised Statutes Section 104A.2407 Irrevocable promises: Finance leases.
1. In the case of a finance lease that is not a consumer lease the lessee’s promises under the lease contract become irrevocable and independent ... Nevada Revised Statutes Section 104A.2501 Default: Procedure.
1. Whether the lessor or the lessee is in default under a lease contract is determined by the lease agreement and this article. 2. If the ... Nevada Revised Statutes Section 104A.2502 Notice after default. Except as otherwise provided in this article or the lease agreement, the lessor or lessee in default under the lease contract is not entitled to notice of ...
Nevada Revised Statutes Section 104A.2503 Modification or impairment of rights and remedies.
1. Except as otherwise provided in this article, the lease agreement may include rights and remedies for default in addition to or ... Nevada Revised Statutes Section 104A.2504 Liquidation of damages.
1. Damages payable by either party for default, or any other act or omission, including indemnity for loss or diminution of anticipated tax benefits or loss ... Nevada Revised Statutes Section 104A.2505 Cancellation and termination, and effect of cancellation, termination, rescission or fraud on rights and remedies.
1. On cancellation of the lease contract, all obligations that are still executory on ... Nevada Revised Statutes Section 104A.2506 Statute of limitations.
1. An action for default under a lease contract, including breach of warranty or indemnity, must be commenced within 4 years after the cause of action ... Nevada Revised Statutes Section 104A.2507 Proof of market rent: Time and place.
1. Damages based on market rent (NRS 104A.2519 or 104A.2528) are determined according to the rent for the use of the goods ... Nevada Revised Statutes Section 104A.2508 Lessee’s remedies.
1. If a lessor fails to deliver the goods in conformity to the lease contract (NRS 104A.2509) or repudiates the lease contract (NRS 104A.2402), or a lessee ... Nevada Revised Statutes Section 104A.2509 Lessee’s rights on improper delivery; rightful rejection.
1. Subject to the provisions of NRS 104A.2510 on default in installment lease contracts, if the goods or the tender or delivery ... Nevada Revised Statutes Section 104A.2510 Installment lease contracts: Rejection and default.
1. Under an installment lease contract a lessee may reject any delivery that is nonconforming if the nonconformity substantially impairs the value of ... Nevada Revised Statutes Section 104A.2511 Merchant lessee’s duties as to rightfully rejected goods.
1. Subject to any security interest of a lessee (subsection 5 of NRS 104A.2508), if a lessor or a supplier has ... Nevada Revised Statutes Section 104A.2512 Lessee’s duties as to rightfully rejected goods.
1. Except as otherwise provided with respect to goods that threaten to decline in value speedily (NRS 104A.2511) and subject to any ... Nevada Revised Statutes Section 104A.2513 Cure by lessor of improper tender or delivery; replacement.
1. If any tender or delivery by the lessor or the supplier is rejected because nonconforming and the time for ... Nevada Revised Statutes Section 104A.2514 Waiver of lessee’s objections.
1. In rejecting goods, a lessee’s failure to state a particular defect that is ascertainable by reasonable inspection precludes the lessee from relying on the ... Nevada Revised Statutes Section 104A.2515 Acceptance of goods.
1. Acceptance of goods occurs after the lessee has had a reasonable opportunity to inspect the goods and: (a) The lessee signifies or acts with ... Nevada Revised Statutes Section 104A.2516 Effect of acceptance of goods; notice of default; burden of establishing default after acceptance; notice of claim or litigation to person answerable over.
1. A lessee must pay rent ... Nevada Revised Statutes Section 104A.2517 Revocation of acceptance of goods.
1. A lessee may revoke acceptance of a lot or commercial unit whose nonconformity substantially impairs its value to the lessee if he has ... Nevada Revised Statutes Section 104A.2518 Cover; substitute goods.
1. After default by a lessor under a lease contract of the type described in subsection 1 of NRS 104A.2508, or, if agreed after other default ... Nevada Revised Statutes Section 104A.2519 Lessee’s damages for nondelivery, repudiation, default and breach of warranty in regard to accepted goods.
1. Except as otherwise provided with respect to damages liquidated in the lease agreement ... Nevada Revised Statutes Section 104A.2520 Lessee’s incidental and consequential damages.
1. Incidental damages resulting from a lessor’s default include expenses reasonably incurred in inspection, receipt, transportation, and care and custody of goods rightfully rejected ... Nevada Revised Statutes Section 104A.2521 Lessee’s right to specific performance or replevin.
1. Specific performance may be decreed if the goods are unique or in other proper circumstances. 2. A decree for specific ... Nevada Revised Statutes Section 104A.2522 Lessee’s right to goods on lessor’s insolvency.
1. Subject to subsection 2 and even though the goods have not been shipped, a lessee who has paid a part or ... Nevada Revised Statutes Section 104A.2523 Lessor’s remedies.
1. If a lessee wrongfully rejects or revokes acceptance of goods or fails to make a payment when due or repudiates with respect to a part or ... Nevada Revised Statutes Section 104A.2524 Lessor’s right to identify goods to lease contract.
1. After default by the lessee under the lease contract of the type described in subsection 1 or paragraph (a) of ... Nevada Revised Statutes Section 104A.2525 Lessor’s right to possession of goods.
1. If a lessor discovers the lessee to be insolvent, the lessor may refuse to deliver the goods. 2. After a default ... Nevada Revised Statutes Section 104A.2526 Lessor’s stoppage of delivery in transit or otherwise.
1. A lessor may stop delivery of goods in the possession of a carrier or other bailee if the lessor discovers ... Nevada Revised Statutes Section 104A.2527 Lessor’s rights to dispose of goods.
1. After a default by a lessee under the lease contract of the type described in subsection 1 or paragraph (a) of subsection ... Nevada Revised Statutes Section 104A.2528 Lessor’s damages for nonacceptance, failure to pay, repudiation or other default.
1. Except as otherwise provided with respect to damages liquidated in the lease agreement (NRS 104A.2504) or otherwise ... Nevada Revised Statutes Section 104A.2529 Lessor’s action for the rent.
1. After default by the lessee under the lease contract of the type described in subsection 1 or paragraph (a) of subsection 3 of ... Nevada Revised Statutes Section 104A.2530 Lessor’s incidental damages. Incidental damages to an aggrieved lessor include any commercially reasonable charges, expenses or commissions incurred in stopping delivery, in the transportation, care and custody of goods after ...
Nevada Revised Statutes Section 104A.2531 Standing to sue third parties for injury to goods.
1. If a third party so deals with goods that have been identified to a lease contract as to cause ... Nevada Revised Statutes Section 104A.2532 Lessor’s rights to residual interest. In addition to any other recovery permitted by this article or other law, the lessor may recover from the lessee an amount that will fully ...
Nevada Revised Statutes Section 104A.4101 Short title. This article may be cited as Uniform Commercial Code—Funds Transfers. ...
Nevada Revised Statutes Section 104A.4102 Subject matter. Except as otherwise provided in NRS 104A.4108, this article applies to funds transfers defined in NRS 104A.4104. ...
Nevada Revised Statutes Section 104A.4103 Payment order: Definitions.
1. In this article: (a) “Payment order” means an instruction of a sender to a receiving bank, transmitted orally, electronically or in writing, to pay, ... Nevada Revised Statutes Section 104A.4104 Funds transfer: Definitions.
1. “Funds transfer” means the series of transactions, beginning with the originator’s payment order, made for the purpose of making payment to the beneficiary of the ... Nevada Revised Statutes Section 104A.4105 Other definitions.
1. In this article: (a) “Authorized account” means a deposit account of a customer in a bank designated by the customer as a source of payment ... Nevada Revised Statutes Section 104A.4106 Time payment order is received.
1. The time of receipt of a payment order or communication cancelling or amending a payment order is determined by the rules applicable to ... Nevada Revised Statutes Section 104A.4107 Federal Reserve regulations and operating circulars. Regulations of the Board of Governors of the Federal Reserve System and operating circulars of the Federal Reserve banks supersede any inconsistent provision of ...
Nevada Revised Statutes Section 104A.4108 Exclusion of consumer transactions governed by federal law. This article does not apply to a funds transfer any part of which is governed by the Electronic Fund Transfer Act of ...
Nevada Revised Statutes Section 104A.4201 Security procedure.
1. “Security procedure” means a procedure established by agreement of a customer and a receiving bank to: (a) Verify that a payment order or communication amending ... Nevada Revised Statutes Section 104A.4202 Authorized and verified payment orders.
1. A payment order received by the receiving bank is the authorized order of the person identified as sender if he authorized the order ... Nevada Revised Statutes Section 104A.4203 Unenforceability of certain verified payment orders.
1. If an accepted payment order is not, under subsection 1 of NRS 104A.4202, an authorized order of a customer identified as sender, ... Nevada Revised Statutes Section 104A.4204 Refund of payment and duty of customer to report with respect to unauthorized payment order.
1. If a receiving bank accepts a payment order issued in the name of ... Nevada Revised Statutes Section 104A.4205 Erroneous payment orders.
1. If an accepted payment order was transmitted pursuant to a security procedure for the detection of error and the payment order erroneously instructed payment to ... Nevada Revised Statutes Section 104A.4206 Transmission of payment order through funds-transfer or other communication system.
1. If a payment order addressed to a receiving bank is transmitted to a funds-transfer system or other third-party ... Nevada Revised Statutes Section 104A.4207 Misdescription of beneficiary.
1. Except as otherwise provided in subsection 2, if, in a payment order received by the beneficiary’s bank, the name, bank account number or other identification ... Nevada Revised Statutes Section 104A.4208 Misdescription of intermediary bank or beneficiary’s bank. 1. If a payment order identifies an intermediary bank or the beneficiary’s bank only by an identifying number, the following rules apply: Nevada Revised Statutes Section 104A.4209 Acceptance of payment order. 1. Except as otherwise provided in subsection 4, a receiving bank other than the beneficiary’s bank accepts a payment order when it executes the order. Nevada Revised Statutes Section 104A.4210 Rejection of payment order.
1. A payment order is rejected by the receiving bank by a notice of rejection transmitted to the sender orally, electronically or in writing. A ... Nevada Revised Statutes Section 104A.4211 Cancellation and amendment of payment order.
1. A communication of the sender of a payment order cancelling or amending the order may be transmitted to the receiving bank orally, ... Nevada Revised Statutes Section 104A.4212 Liability and duty of receiving bank regarding unaccepted payment order. If a receiving bank fails to accept a payment order that it is obliged by express agreement to accept, the ...
Nevada Revised Statutes Section 104A.4301 Execution and execution date.
1. A payment order is “executed” by the receiving bank when it issues a payment order intended to carry out the payment order received by ... Nevada Revised Statutes Section 104A.4302 Obligation of receiving bank in execution of payment order.
1. Except as otherwise provided in subsections 2, 3 and 4, if the receiving bank accepts a payment order pursuant ... Nevada Revised Statutes Section 104A.4303 Erroneous execution of payment order.
1. A receiving bank that executes the payment order of the sender by issuing a payment order in an amount greater than the amount ... Nevada Revised Statutes Section 104A.4304 Duty of sender to report erroneously executed payment order. If the sender of a payment order that is erroneously executed as stated in NRS 104A.4303 receives notification from the receiving ...
Nevada Revised Statutes Section 104A.4305 Liability for late or improper execution or failure to execute payment order.
1. If a funds transfer is completed but execution of a payment order by the receiving bank ... Nevada Revised Statutes Section 104A.4401 Payment date. “Payment date” of a payment order means the day on which the amount of the order is payable to the beneficiary by the beneficiary’s bank. The payment date ...
Nevada Revised Statutes Section 104A.4402 Obligation of sender to pay receiving bank.
1. This section is subject to NRS 104A.4205 and 104A.4207. 2. With respect to a payment order issued to the beneficiary’s ... Nevada Revised Statutes Section 104A.4403 Payment by sender to receiving bank.
1. Payment of the sender’s obligation under NRS 104A.4402 to pay the receiving bank occurs as follows: (a) If the sender is ... Nevada Revised Statutes Section 104A.4404 Obligation of beneficiary’s bank to pay and give notice to beneficiary.
1. Except as otherwise provided in subsection 5 of NRS 104A.4211 and subsections 4 and 5 of NRS ... Nevada Revised Statutes Section 104A.4405 Payment by beneficiary’s bank to beneficiary.
1. If the beneficiary’s bank credits an account of the beneficiary of a payment order, payment of the bank’s obligation under subsection 1 ... Nevada Revised Statutes Section 104A.4406 Payment by originator to beneficiary; discharge of underlying obligation.
1. Except as otherwise provided in subsection 5 of NRS 104A.4211 and subsections 4 and 5 of NRS 104A.4405, the ... Nevada Revised Statutes Section 104A.4501 Variation by agreement and effect of funds-transfer system rule.
1. Except as otherwise provided in this article, the rights and obligations of a party to a funds transfer may ... Nevada Revised Statutes Section 104A.4502 Creditor’s process served on receiving bank; setoff by beneficiary’s bank.
1. As used in this section, “creditor’s process” means levy, attachment, garnishment, notice of lien, sequestration, or similar process ... Nevada Revised Statutes Section 104A.4503 Injunction or restraining order with respect to funds transfer.
1. For proper cause and in compliance with applicable law, a court may restrain: (a) A person from issuing ... Nevada Revised Statutes Section 104A.4504 Order in which items and payment orders may be charged to account; order of withdrawals from account.
1. If a receiving bank has received more than one payment order ... Nevada Revised Statutes Section 104A.4505 Preclusion of objection to debit of customer’s account. If a receiving bank has received payment from its customer with respect to a payment order issued in the name of the ...
Nevada Revised Statutes Section 104A.4506 Rate of interest.
1. If, under this article, a receiving bank is obliged to pay interest with respect to a payment order issued to the bank, the amount payable ... Nevada Revised Statutes Section 104A.4507 Choice of law.
1. The following rules govern choice of law unless the affected parties otherwise agree or subsection 3 applies: (a) The rights and obligations between the ... Nevada Revised Statutes Section 104.1101 Short title. This chapter, together with chapter 104A of NRS, shall be known and may be cited as Uniform Commercial Code. ...
Nevada Revised Statutes Section 104.1102 Purposes; rules of construction; variation by agreement.
1. This chapter shall be liberally construed and applied to promote its under-lying purposes and policies. 2. Underlying purposes and policies ... Nevada Revised Statutes Section 104.1103 Supplementary general principles of law applicable. Unless displaced by the particular provisions of this chapter, the principles of law and equity, including the law merchant and the law relative to ...
Nevada Revised Statutes Section 104.1104 Construction against implicit repeal. This chapter being a general act intended as a unified coverage of its subject matter, no part of it shall be deemed to be impliedly repealed ...
Nevada Revised Statutes Section 104.1105 Territorial application of this chapter; parties’ power to choose applicable law.
1. Except as otherwise provided in this section, when a transaction bears a reasonable relation to this State ... Nevada Revised Statutes Section 104.1106 Remedies to be liberally administered.
1. The remedies provided by this chapter shall be liberally administered to the end that the aggrieved party may be put in as good ... Nevada Revised Statutes Section 104.1107 Waiver or renunciation of claim or right after breach. Any claim or right arising out of an alleged breach can be discharged in whole or in part without consideration by ...
Nevada Revised Statutes Section 104.1108 Severability. If any provision or clause of this chapter or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of ...
Nevada Revised Statutes Section 104.1110 Provisions for transition.
1. Transactions validly entered into before March 1, 1967, and the rights, duties and interests flowing from them remain valid thereafter and may be terminated, completed, ... Nevada Revised Statutes Section 104.1202 Prima facie evidence from documents issued by third party. A document in due form purporting to be a bill of lading, policy or certificate of insurance, official weigher’s or inspector’s ...
Nevada Revised Statutes Section 104.1203 Obligation of good faith. Every contract or duty within this chapter imposes an obligation of good faith in its performance or enforcement. ...
Nevada Revised Statutes Section 104.1204 Time; reasonable time; “seasonably.”
1. Whenever this chapter requires any action to be taken within a reasonable time, any time which is not manifestly unreasonable may be fixed by ... Nevada Revised Statutes Section 104.1205 Course of dealing and usage of trade.
1. A course of dealing is a sequence of previous conduct between the parties to a particular transaction which is fairly to ... Nevada Revised Statutes Section 104.1206 Statute of frauds for kinds of personal property not otherwise covered.
1. Except in the cases described in subsection 2 of this section a contract for the sale of ... Nevada Revised Statutes Section 104.1207 Performance or acceptance under reservation of rights.
1. A party who with explicit reservation of rights performs or promises performance or assents to performance in a manner demanded or ... Nevada Revised Statutes Section 104.1208 Option to accelerate at will. A term providing that one party or his successor in interest may accelerate payment or performance or require collateral or additional collateral “at will” or ...
Nevada Revised Statutes Section 104.2101 Short title. This article shall be known and may be cited as Uniform Commercial Code—Sales. ...
Nevada Revised Statutes Section 104.2102 Scope; certain security and other transactions excluded from this article. Unless the context otherwise requires, this article applies to transactions in goods; it does not apply to any transaction which ...
Nevada Revised Statutes Section 104.2103 Definitions and index of definitions.
1. In this article unless the context otherwise requires: (a) “Buyer” means a person who buys or contracts to buy goods. (b) ... Nevada Revised Statutes Section 104.2104 Definitions: “Merchant”; “between merchants”; “financing agency.”
1. “Merchant” means a person who deals in goods of the kind or otherwise by his occupation holds himself out as having knowledge ... Nevada Revised Statutes Section 104.2105 Definitions: Transferability; “goods”; “future” goods; “lot”; “commercial unit.”
1. “Goods” means all things (including specially manufactured goods) which are movable at the time of identification to the contract for ... Nevada Revised Statutes Section 104.2106 Definitions: “Contract”; “agreement”; “contract for sale”; “sale”; “present sale”; “conforming” to contract; “termination”; “cancellation.”
1. In this article unless the context otherwise requires “contract” and “agreement” are limited to ... Nevada Revised Statutes Section 104.2107 Goods to be severed from realty: Recording.
1. A contract for the sale of minerals or the like (including oil and gas) or a structure or its materials to ... Nevada Revised Statutes Section 104.2201 Formal requirements; statute of frauds.
1. Except as otherwise provided in this section a contract for the sale of goods for the price of $500 or more is not ... Nevada Revised Statutes Section 104.2202 Final written expression: Parol or extrinsic evidence. Terms with respect to which the confirmatory memoranda of the parties agree or which are otherwise set forth in writing intended by the ...
Nevada Revised Statutes Section 104.2203 Seals inoperative. The affixing of a seal to a writing evidencing a contract for sale or an offer to buy or sell goods does not constitute the writing a sealed ...
Nevada Revised Statutes Section 104.2204 Formation in general.
1. A contract for sale of goods may be made in any manner sufficient to show agreement, including conduct by both parties which recognizes the existence ... Nevada Revised Statutes Section 104.2205 Firm offers. An offer by a merchant to buy or sell goods in a signed writing which by its terms gives assurance that it will be held open is not ...
Nevada Revised Statutes Section 104.2206 Offer and acceptance in formation of contract.
1. Unless otherwise unambiguously indicated by the language or circumstances: (a) An offer to make a contract shall be construed as ... Nevada Revised Statutes Section 104.2207 Additional terms in acceptance or confirmation.
1. A definite and seasonable expression of acceptance or a written confirmation which is sent within a reasonable time operates as an acceptance ... Nevada Revised Statutes Section 104.2208 Course of performance or practical construction.
1. Where the contract for sale involves repeated occasions for performance by either party with knowledge of the nature of the performance and ... Nevada Revised Statutes Section 104.2209 Modification, rescission and waiver.
1. An agreement modifying a contract within this article needs no consideration to be binding. 2. A signed agreement which excludes modification or rescission ... Nevada Revised Statutes Section 104.2210 Delegation of performance; assignment of rights.
1. A party may perform his duty through a delegate unless otherwise agreed or unless the other party has a substantial interest in ... Nevada Revised Statutes Section 104.2301 General obligations of parties. The obligation of the seller is to transfer and deliver and that of the buyer is to accept and pay in accordance with the contract. ...
Nevada Revised Statutes Section 104.2302 Unconscionable contract or clause.
1. If the court as a matter of law finds the contract or any clause of the contract to have been unconscionable at the time ... Nevada Revised Statutes Section 104.2303 Allocation or division of risks. Where this article allocates a risk or a burden as between the parties “unless otherwise agreed,” the agreement may not only shift the allocation but ...
Nevada Revised Statutes Section 104.2304 Price payable in money, goods, realty or otherwise.
1. The price can be made payable in money or otherwise. If it is payable in whole or in part in ... Nevada Revised Statutes Section 104.2305 Open price term.
1. The parties if they so intend can conclude a contract for sale even though the price is not settled. In such a case the price ... Nevada Revised Statutes Section 104.2306 Output, requirements and exclusive dealings.
1. A term which measures the quantity by the output of the seller or the requirements of the buyer means such actual output or ... Nevada Revised Statutes Section 104.2307 Delivery in single lot or several lots. Unless otherwise agreed all goods called for by a contract for sale must be tendered in a single delivery and payment is due ...
Nevada Revised Statutes Section 104.2308 Absence of specified place for delivery. Unless otherwise agreed: 1. The place for delivery of goods is the seller’s place of business or if he has none his residence; Nevada Revised Statutes Section 104.2309 Absence of specific time for action or duration of contract; notice of termination.
1. The time for shipment or delivery or any other action under a contract if not ... Nevada Revised Statutes Section 104.2310 Open time for payment or running of credit; authority to ship under reservation. Unless otherwise agreed:
1. Payment is due at the time and place at which the buyer ... Nevada Revised Statutes Section 104.2311 Options and cooperation respecting performance.
1. An agreement for sale which is otherwise sufficiently definite (subsection 3 of NRS 104.2204) to be a contract is not made invalid by ... Nevada Revised Statutes Section 104.2312 Warranty of title and against infringement; buyer’s obligation against infringement.
1. Subject to subsection 2 there is in a contract for sale a warranty by the seller that: ... Nevada Revised Statutes Section 104.2313 Express warranties by affirmation, promise, description or sample.
1. Express warranties by the seller are created as follows: (a) Any affirmation of fact or promise made by the ... Nevada Revised Statutes Section 104.2314 Implied warranty: Merchantability; usage of trade.
1. Unless excluded or modified (NRS 104.2316), a warranty that the goods shall be merchantable is implied in a contract for their sale ... Nevada Revised Statutes Section 104.2315 Implied warranty: Fitness for particular purpose. Where the seller at the time of contracting has reason to know any particular purpose for which the goods are required and that the ...
Nevada Revised Statutes Section 104.2316 Exclusion or modification of warranties.
1. Words or conduct relevant to the creation of an express warranty and words or conduct tending to negate or limit warranty shall be ... Nevada Revised Statutes Section 104.2317 Cumulation and conflict of warranties express or implied. Warranties whether express or implied shall be construed as consistent with each other and as cumulative, but if such construction is unreasonable ...
Nevada Revised Statutes Section 104.2318 Third-party beneficiaries of warranties express or implied. A seller’s warranty whether express or implied extends to any natural person who is in the family or household of his buyer or ...
Nevada Revised Statutes Section 104.2319 F.O.B. and F.A.S. terms.
1. Unless otherwise agreed the term F.O.B. (which means “free on board”) at a named place, even though used only in connection with the stated ... Nevada Revised Statutes Section 104.2320 C.I.F. and C. & F. terms.
1. The term C.I.F. means that the price includes in a lump sum the cost of the goods and the insurance and freight ... Nevada Revised Statutes Section 104.2321 C.I.F. or C. & F.: “Net landed weights”; “payment on arrival”; warranty of condition on arrival. Under a contract containing a term C.I.F. or C. & F.:
1. Where ... Nevada Revised Statutes Section 104.2322 Delivery “ex-ship.”
1. Unless otherwise agreed a term for delivery of goods “ex-ship” (which means from the carrying vessel) or in equivalent language is not restricted to a particular ... Nevada Revised Statutes Section 104.2323 Form of bill of lading required in overseas shipment; “overseas.”
1. Where the contract contemplates overseas shipment and contains a term ... Nevada Revised Statutes Section 104.2324 “No arrival, no sale” term. Under a term “no arrival, no sale” or terms of like meaning, unless otherwise agreed:
1. The seller must properly ship conforming goods and ... Nevada Revised Statutes Section 104.2325 “Letter of credit” term; “confirmed credit.”
1. Failure of the buyer seasonably to furnish an agreed letter of credit is a breach of the contract for sale. 2. ... Nevada Revised Statutes Section 104.2326 Sale on approval and sale or return; rights of creditors.
1. Unless otherwise agreed, if delivered goods may be returned by the buyer even though they conform to the ... Nevada Revised Statutes Section 104.2327 Special incidents of sale on approval and sale or return.
1. Under a sale on approval unless otherwise agreed: (a) Although the goods are identified to the contract ... Nevada Revised Statutes Section 104.2328 Sale by auction.
1. In a sale by auction if goods are put up in lots each lot is the subject of a separate sale. 2. A sale ... Nevada Revised Statutes Section 104.2401 Passing of title; reservation for security; limited application of this section. Each provision of this article with regard to the rights, obligations and remedies of the seller, the buyer, purchasers ...
Nevada Revised Statutes Section 104.2402 Rights of seller’s creditors against sold goods.
1. Except as provided in subsections 2 and 3, rights of unsecured creditors of the seller with respect to goods which have ... Nevada Revised Statutes Section 104.2403 Power to transfer; good faith purchase of goods; “entrusting.”
1. A purchaser of goods acquires all title which his transferor had or had power to transfer except that a ... Nevada Revised Statutes Section 104.2501 Insurable interest in goods; manner of identification of goods.
1. The buyer obtains a special property and an insurable interest in goods by identification of existing goods as goods ... Nevada Revised Statutes Section 104.2502 Buyer’s right to goods on seller’s repudiation, failure to deliver or insolvency.
1. Subject to subsections 2 and 3, and even though the goods have not been shipped, a ... Nevada Revised Statutes Section 104.2503 Manner of seller’s tender of delivery.
1. Tender of delivery requires that the seller put and hold conforming goods at the buyer’s disposition and give the buyer any notification ... Nevada Revised Statutes Section 104.2504 Shipment by seller. Where the seller is required or authorized to send the goods to the buyer and the contract does not require him to deliver them at a particular ...
Nevada Revised Statutes Section 104.2505 Seller’s shipment under reservation.
1. Where the seller has identified goods to the contract by or before shipment: (a) His procurement of a negotiable bill of lading to ... Nevada Revised Statutes Section 104.2506 Rights of financing agency.
1. A financing agency by paying or purchasing for value a draft which relates to a shipment of goods acquires to the extent of the ... Nevada Revised Statutes Section 104.2507 Effect of seller’s tender; delivery on condition.
1. Tender of delivery is a condition to the buyer’s duty to accept the goods and, unless otherwise agreed, to his duty ... Nevada Revised Statutes Section 104.2508 Cure by seller of improper tender or delivery; replacement.
1. Where any tender or delivery by the seller is rejected because nonconforming and the time for performance has not ... Nevada Revised Statutes Section 104.2509 Risk of loss in the absence of breach.
1. Where the contract requires or authorizes the seller to ship the goods by carrier: (a) If it does not ... Nevada Revised Statutes Section 104.2510 Effect of breach on risk of loss.
1. Where a tender or delivery of goods so fails to conform to the contract as to give a right of rejection ... Nevada Revised Statutes Section 104.2511 Tender of payment by buyer; payment by check.
1. Unless otherwise agreed tender of payment is a condition to the seller’s duty to tender and complete any delivery. ... Nevada Revised Statutes Section 104.2512 Payment by buyer before inspection.
1. Where the contract requires payment before inspection nonconformity of the goods does not excuse the buyer from so making payment unless: (a) ... Nevada Revised Statutes Section 104.2513 Buyer’s right to inspection of goods.
1. Unless otherwise agreed and subject to subsection 3, where goods are tendered or delivered or identified to the contract for sale, the ... Nevada Revised Statutes Section 104.2514 When documents deliverable on acceptance; when on payment. Unless otherwise agreed documents against which a draft is drawn are to be delivered to the drawee on acceptance of the draft ...
Nevada Revised Statutes Section 104.2515 Preserving evidence of goods in dispute. In furtherance of the adjustment of any claim or dispute:
1. Either party on reasonable notification to the other and for the purpose ... Nevada Revised Statutes Section 104.2601 Buyer’s rights on improper delivery. Subject to the provisions of this article on breach in installment contracts (NRS 104.2612) and unless otherwise agreed under the sections on contractual limitations of ...
Nevada Revised Statutes Section 104.2602 Manner and effect of rightful rejection.
1. Rejection of goods must be within a reasonable time after their delivery or tender. It is ineffective unless the buyer seasonably notifies ... Nevada Revised Statutes Section 104.2603 Merchant buyer’s duties as to rightfully rejected goods.
1. Subject to any security interest in the buyer (subsection 3 of NRS 104.2711), when the seller has no agent or ... Nevada Revised Statutes Section 104.2604 Buyer’s options as to salvage of rightfully rejected goods. Subject to the provisions of the immediately preceding section on perishables if the seller gives no instructions within a reasonable time ...
Nevada Revised Statutes Section 104.2605 Waiver of buyer’s objections by failure to particularize.
1. The buyer’s failure to state in connection with rejection a particular defect which is ascertainable by reasonable inspection precludes him ... Nevada Revised Statutes Section 104.2606 What constitutes acceptance of goods.
1. Acceptance of goods occurs when the buyer: (a) After a reasonable opportunity to inspect the goods signifies to the seller that the ... Nevada Revised Statutes Section 104.2607 Effect of acceptance; notice of breach; burden of establishing breach after acceptance; notice of claim or litigation to person answerable over.
1. The buyer must pay at the contract ... Nevada Revised Statutes Section 104.2608 Revocation of acceptance in whole or in part.
1. The buyer may revoke his acceptance of a lot or commercial unit whose nonconformity substantially impairs its value to him ... Nevada Revised Statutes Section 104.2609 Right to adequate assurance of performance.
1. A contract for sale imposes an obligation on each party that the other’s expectation of receiving due performance will not be impaired. ... Nevada Revised Statutes Section 104.2610 Anticipatory repudiation. When either party repudiates the contract with respect to a performance not yet due the loss of which will substantially impair the value of the contract to the ...
Nevada Revised Statutes Section 104.2611 Retraction of anticipatory repudiation.
1. Until the repudiating party’s next performance is due he can retract his repudiation unless the aggrieved party has since the repudiation cancelled or materially ... Nevada Revised Statutes Section 104.2612 “Installment contract”; breach.
1. An “installment contract” is one which requires or authorizes the delivery of goods in separate lots to be separately accepted, even though the contract contains ... Nevada Revised Statutes Section 104.2613 Casualty to identified goods. Where the contract requires for its performance goods identified when the contract is made, and the goods suffer casualty without fault of either party before the ...
Nevada Revised Statutes Section 104.2614 Substituted performance.
1. Where without fault of either party the agreed berthing, loading or unloading facilities fail or an agreed type of carrier becomes unavailable or the agreed manner ... Nevada Revised Statutes Section 104.2615 Excuse by failure of presupposed conditions. Except so far as a seller may have assumed a greater obligation and subject to the preceding section on substituted performance:
1. Delay ... Nevada Revised Statutes Section 104.2616 Procedure on notice claiming excuse.
1. Where the buyer receives notification of a material or indefinite delay or an allocation justified under the preceding section he may by written ... Nevada Revised Statutes Section 104.2701 Remedies for breach of collateral contracts not impaired. Remedies for breach of any obligation or promise collateral or ancillary to a contract for sale are not impaired by the provisions ...
Nevada Revised Statutes Section 104.2702 Seller’s remedies on discovery of buyer’s insolvency.
1. Where the seller discovers the buyer to be insolvent he may refuse delivery except for cash including payment for all goods ... Nevada Revised Statutes Section 104.2703 Seller’s remedies in general. Where the buyer wrongfully rejects or revokes acceptance of goods or fails to make a payment due on or before delivery or repudiates with respect to ...
Nevada Revised Statutes Section 104.2704 Seller’s right to identify goods to contract notwithstanding breach or to salvage unfinished goods.
1. An aggrieved seller under the preceding section may: (a) Identify to the contract ... Nevada Revised Statutes Section 104.2705 Seller’s stoppage of delivery in transit or otherwise.
1. The seller may stop delivery of goods in the possession of a carrier or other bailee when he discovers the ... Nevada Revised Statutes Section 104.2706 Seller’s resale including contract for resale.
1. Under the conditions stated in NRS 104.2703 on seller’s remedies, the seller may resell the goods concerned or the undelivered balance thereof. ... Nevada Revised Statutes Section 104.2707 “Person in the position of a seller.”
1. A “person in the position of a seller” includes as against a principal an agent who has paid or become responsible ... Nevada Revised Statutes Section 104.2708 Seller’s damages for nonacceptance or repudiation.
1. Subject to subsection 2 and to the provisions of this article with respect to proof of market price (NRS 104.2723), the measure ... Nevada Revised Statutes Section 104.2709 Action for price.
1. When the buyer fails to pay the price as it becomes due the seller may recover, together with any incidental damages under the next section, ... Nevada Revised Statutes Section 104.2710 Seller’s incidental damages. Incidental damages to an aggrieved seller include any commercially reasonable charges, expenses or commissions incurred in stopping delivery, in the transportation, care and custody of goods after ...
Nevada Revised Statutes Section 104.2711 Buyer’s remedies in general; buyer’s security interest in rejected goods.
1. Where the seller fails to make delivery or repudiates or the buyer rightfully rejects or justifiably revokes acceptance ... Nevada Revised Statutes Section 104.2712 “Cover”; buyer’s procurement of substitute goods.
1. After a breach within the preceding section the buyer may “cover” by making in good faith and without unreasonable delay any reasonable ... Nevada Revised Statutes Section 104.2713 Buyer’s damages for nondelivery or repudiation.
1. Subject to the provisions of this article with respect to proof of market price (NRS 104.2723), the measure of damages for nondelivery ... Nevada Revised Statutes Section 104.2714 Buyer’s damages for breach in regard to accepted goods.
1. Where the buyer has accepted goods and given notification (subsection 3 of NRS 104.2607) he may recover as damages ... Nevada Revised Statutes Section 104.2715 Buyer’s incidental and consequential damages.
1. Incidental damages resulting from the seller’s breach include expenses reasonably incurred in inspection, receipt, transportation and care and custody of goods rightfully rejected, ... Nevada Revised Statutes Section 104.2716 Buyer’s right to specific performance or replevin.
1. Specific performance may be decreed where the goods are unique or in other proper circumstances. 2. The decree for specific ... Nevada Revised Statutes Section 104.2717 Deduction of damages from the price. The buyer on notifying the seller of his intention to do so may deduct all or any part of the damages resulting from any ...
Nevada Revised Statutes Section 104.2718 Liquidation or limitation of damages; deposits.
1. Damages for breach by either party may be liquidated in the agreement but only at an amount which is reasonable in the ... Nevada Revised Statutes Section 104.2719 Contractual modification or limitation of remedy.
1. Subject to the provisions of subsections 2 and 3 of this section and of the preceding section on liquidation and limitation of ... Nevada Revised Statutes Section 104.2720 Effect of “cancellation” or “rescission” on claims for antecedent breach. Unless the contrary intention clearly appears, expressions of “cancellation” or “rescission” of the contract or the like shall not be ...
Nevada Revised Statutes Section 104.2721 Remedies for fraud. Remedies for material misrepresentation or fraud include all remedies available under this article for nonfraudulent breach. Neither rescission or a claim for rescission of the contract for ...
Nevada Revised Statutes Section 104.2722 Who can sue third parties for injury to goods. Where a third party so deals with goods which have been identified to a contract for sale as to cause actionable ...
Nevada Revised Statutes Section 104.2723 Proof of market price: Time and place.
1. If an action based on anticipatory repudiation comes to trial before the time for performance with respect to some or all ... Nevada Revised Statutes Section 104.2724 Admissibility of market quotations. Whenever the prevailing price or value of any goods regularly bought and sold in any established commodity market is in issue, reports in official publications or ...
Nevada Revised Statutes Section 104.2725 Statute of limitations in contracts for sale.
1. An action for breach of any contract for sale must be commenced within 4 years after the cause of action has ... Nevada Revised Statutes Section 104.3101 Short title. This article may be cited as Uniform Commercial Code—Negotiable Instruments. ...
Nevada Revised Statutes Section 104.3102 Subject matter. 1. This article applies to negotiable instruments. It does not apply to money, to payment orders governed by article 4A, or to securities governed by article 8. Nevada Revised Statutes Section 104.3103 Definitions. 1. In this article: (a) “Acceptor” means a drawee who has accepted a draft. (b) “Drawee” means a person ordered in a draft to make payment. Nevada Revised Statutes Section 104.3104 Negotiable instrument.
1. Except as otherwise provided in subsections 3 and 4, “negotiable instrument” means an unconditional promise or order to pay a fixed amount of money, with or ... Nevada Revised Statutes Section 104.3105 Issue of instrument.
1. “Issue” means the first delivery of an instrument by the maker or drawer, whether to a holder or nonholder, for the purpose of giving rights ... Nevada Revised Statutes Section 104.3106 Unconditional promise or order.
1. Except as otherwise provided in this section, for the purposes of subsection 1 of NRS 104.3104, a promise or order is unconditional unless it ... Nevada Revised Statutes Section 104.3107 Instrument payable in foreign money. Unless the instrument otherwise provides, an instrument that states the amount payable in foreign money may be paid in the foreign money or in an ...
Nevada Revised Statutes Section 104.3108 Payable on demand or at definite time.
1. A promise or order is “payable on demand” if it: (a) States that it is payable on demand or at ... Nevada Revised Statutes Section 104.3109 Payable to bearer or to order.
1. A promise or order is payable to bearer if it: (a) States that it is payable to bearer or to the ... Nevada Revised Statutes Section 104.3110 Identification of person to whom instrument is payable.
1. The person to whom an instrument is initially payable is determined by the intent of the person, whether or not ... Nevada Revised Statutes Section 104.3111 Place of payment. Except as otherwise provided for items in article 4, an instrument is payable at the place of payment stated in the instrument. If no place of payment ...
Nevada Revised Statutes Section 104.3112 Interest.
1. Unless otherwise provided in the instrument: (a) An instrument is not payable with interest; and (b) Interest on an interest-bearing instrument is payable from the ... Nevada Revised Statutes Section 104.3113 Date of instrument.
1. An instrument may be antedated or postdated. The date stated determines the time of payment if the instrument is payable at a fixed period after ... Nevada Revised Statutes Section 104.3114 Contradictory terms of instrument. If an instrument contains contradictory terms, typewritten terms prevail over printed terms, handwritten terms prevail over both, and words prevail over numbers. ...
Nevada Revised Statutes Section 104.3115 Incomplete instruments.
1. “Incomplete instrument” means a signed writing, whether or not issued by the signer, the contents of which show at the time of signing that it is ... Nevada Revised Statutes Section 104.3116 Joint and several liability; contribution.
1. Except as otherwise provided in the instrument, two or more persons who have the same liability on an instrument as makers, drawers, acceptors, ... Nevada Revised Statutes Section 104.3117 Other agreements affecting instrument. Subject to applicable law regarding exclusion of proof of contemporaneous or previous agreements, the obligation of a party to an instrument to pay the instrument may ...
Nevada Revised Statutes Section 104.3118 Statute of limitations.
1. Except as otherwise provided in subsection 5, an action to enforce the obligation of a party to pay a note payable at a definite time ... Nevada Revised Statutes Section 104.3119 Notice of right to defend action. In an action for breach of an obligation for which a third person is answerable over pursuant to this article or article 4, the ...
Nevada Revised Statutes Section 104.3201 Negotiation.
1. “Negotiation” means a transfer of possession, whether voluntary or involuntary, of an instrument by a person other than the issuer to a person who thereby becomes its ... Nevada Revised Statutes Section 104.3202 Negotiation subject to rescission.
1. Negotiation is effective even if obtained: (a) From an infant, a corporation exceeding its powers or a person without capacity; (b) By ... Nevada Revised Statutes Section 104.3203 Transfer of instrument; rights acquired by transfer.
1. An instrument is transferred when it is delivered by a person other than its issuer for the purpose of giving to ... Nevada Revised Statutes Section 104.3204 Endorsement.
1. “Endorsement” means a signature, other than that of a signer as maker, drawer or acceptor, that alone or accompanied by other words is made on an instrument ... Nevada Revised Statutes Section 104.3205 Special endorsement; blank endorsement; anomalous endorsement.
1. If an endorsement is made by the holder of an instrument, whether payable to an identified person or payable to bearer, and ... Nevada Revised Statutes Section 104.3206 Restrictive endorsement.
1. An endorsement limiting payment to a particular person or otherwise prohibiting further transfer or negotiation of the instrument is not effective to prevent further transfer or ... Nevada Revised Statutes Section 104.3207 Reacquisition. Reacquisition of an instrument occurs if it is transferred to a former holder, by negotiation or otherwise. A former holder who reacquires the instrument may cancel endorsements made after ...
Nevada Revised Statutes Section 104.3301 Person entitled to enforce instrument.
1. “Person entitled to enforce” an instrument means: (a) The holder of the instrument; (b) A nonholder in possession of the instrument ... Nevada Revised Statutes Section 104.3302 Holder in due course.
1. Except as otherwise provided in subsection 3 of this section and subsection 4 of NRS 104.3106, “holder in due course” means the holder of ... Nevada Revised Statutes Section 104.3303 Value and consideration.
1. An instrument is issued or transferred for value if: (a) The instrument is issued or transferred for a promise of performance, to the extent ... Nevada Revised Statutes Section 104.3304 Overdue instrument.
1. An instrument payable on demand becomes overdue at the earliest of the following times: (a) On the day after the day demand for payment is ... Nevada Revised Statutes Section 104.3305 Defenses and claims in recoupment.
1. Except as otherwise provided in subsection 2, the right to enforce the obligation of a party to pay an instrument is subject to ... Nevada Revised Statutes Section 104.3306 Claims to an instrument. A person taking an instrument, other than a person having rights of a holder in due course, is subject to a claim of a property or ...
Nevada Revised Statutes Section 104.3307 Notice of breach of fiduciary duty.
1. In this section: (a) “Fiduciary” means an agent, trustee, partner, corporate officer or director, or other representative owing a fiduciary duty ... Nevada Revised Statutes Section 104.3308 Proof of signatures and status as holder in due course.
1. In an action with respect to an instrument, the authenticity of, and authority to make, each signature on ... Nevada Revised Statutes Section 104.3309 Enforcement of lost, destroyed or stolen instrument.
1. A person not in possession of an instrument is entitled to enforce the instrument if: (a) He was in possession ... Nevada Revised Statutes Section 104.3310 Effect of instrument on obligation for which taken.
1. Unless otherwise agreed, if a certified check, cashier’s check or teller’s check is taken for an obligation, the obligation is ... Nevada Revised Statutes Section 104.3311 Accord and satisfaction by use of instrument.
1. If a person against whom a claim is asserted proves that he in good faith tendered an instrument to the claimant ... Nevada Revised Statutes Section 104.3312 Lost, destroyed or stolen cashier’s check, teller’s check or certified check.
1. In this section: (a) “Check” means a cashier’s check, teller’s check or certified check. (b) ... Nevada Revised Statutes Section 104.3401 Signature.
1. A person is not liable on an instrument unless: (a) He signed the instrument; or (b) He is represented by an agent or representative who ... Nevada Revised Statutes Section 104.3402 Signature by representative.
1. If a person acting, or purporting to act, as a representative signs an instrument by signing either the name of the represented person or the ... Nevada Revised Statutes Section 104.3403 Unauthorized signature.
1. Unless otherwise provided in this article or article 4, an unauthorized signature is ineffective except as the signature of the unauthorized signer in favor of a ... Nevada Revised Statutes Section 104.3404 Impostors; fictitious payees.
1. If an impostor, by use of the mails or otherwise, induces the issuer of an instrument to issue the instrument to the impostor, or to ... Nevada Revised Statutes Section 104.3405 Employer’s responsibility for fraudulent endorsement by employee.
1. In this section: (a) “Employee” includes an independent contractor and employee of an independent contractor retained by the employer. ... Nevada Revised Statutes Section 104.3406 Negligence contributing to forged signature or alteration of instrument.
1. A person whose failure to exercise ordinary care substantially contributes to an alteration of an instrument or to the ... Nevada Revised Statutes Section 104.3407 Alteration.
1. “Alteration” means an unauthorized: (a) Change in an instrument that purports to modify in any respect the obligation of a party; or (b) Addition of ... Nevada Revised Statutes Section 104.3408 Drawee not liable on unaccepted draft. A check or other draft does not of itself operate as an assignment of funds in the hands of the drawee available for its ...
Nevada Revised Statutes Section 104.3409 Acceptance of draft; certified check.
1. “Acceptance” means the drawee’s signed agreement to pay a draft as presented. It must be written on the draft and may consist of ... Nevada Revised Statutes Section 104.3410 Acceptance varying draft.
1. If the terms of a drawee’s acceptance vary from the terms of the draft as presented, the holder may refuse the acceptance and treat the ... Nevada Revised Statutes Section 104.3411 Refusal to pay cashier’s checks, teller’s checks and certified checks.
1. In this section, “obligated bank” means the acceptor of a certified check or the issuer of a cashier’s ... Nevada Revised Statutes Section 104.3412 Obligation of issuer of note or cashier’s check.
1. The issuer of a note or cashier’s check or other draft drawn on the drawer is obliged to pay the ... Nevada Revised Statutes Section 104.3413 Obligation of acceptor.
1. The acceptor of a draft is obliged to pay the draft: (a) According to its terms at the time it was accepted, even though ... Nevada Revised Statutes Section 104.3414 Obligation of drawer.
1. This section does not apply to cashier’s checks or other drafts drawn on the drawer. 2. If an unaccepted draft is dishonored, the drawer ... Nevada Revised Statutes Section 104.3415 Obligation of endorser.
1. Except as otherwise provided in subsections 2, 3 and 4 of this section and in subsection 4 of NRS 104.3419, if an instrument is dishonored, ... Nevada Revised Statutes Section 104.3416 Transfer warranties.
1. A person who transfers an instrument for consideration warrants to the transferee and, if the transfer is by endorsement, to any subsequent transferee that: (a) ... Nevada Revised Statutes Section 104.3417 Presentment warranties.
1. If an unaccepted draft is presented to the drawee for payment or acceptance and the drawee pays or accepts the draft, the person obtaining payment or ... Nevada Revised Statutes Section 104.3418 Payment or acceptance by mistake.
1. Except as otherwise provided in subsection 3, if the drawee of a draft pays or accepts the draft and he acted on the ... Nevada Revised Statutes Section 104.3419 Instruments signed for accommodation.
1. If an instrument is issued for value given for the benefit of a party to the instrument (“accommodated party”) and another party to the ... Nevada Revised Statutes Section 104.3420 Conversion of instrument.
1. The law applicable to conversion of personal property applies to instruments. An instrument is also converted if it is taken by transfer, other than a ... Nevada Revised Statutes Section 104.3501 Presentment.
1. “Presentment” means a demand made by or on behalf of a person entitled to enforce an instrument: (a) To pay the instrument made to the drawee ... Nevada Revised Statutes Section 104.3502 Dishonor.
1. Dishonor of a note is governed by the following rules: (a) If the note is payable on demand, the note is dishonored if presentment is duly ... Nevada Revised Statutes Section 104.3503 Notice of dishonor.
1. The obligation of an endorser stated in subsection 1 of NRS 104.3415 and the obligation of a drawer stated in subsection 4 of NRS 104.3414 ... Nevada Revised Statutes Section 104.3504 Excused presentment and notice of dishonor.
1. Presentment for payment or acceptance of an instrument is excused if: (a) The person entitled to present the instrument cannot with ... Nevada Revised Statutes Section 104.3505 Evidence of dishonor.
1. The following are admissible as evidence and create a presumption of dishonor and of any notice of dishonor stated: (a) A document regular in ... Nevada Revised Statutes Section 104.3601 Discharge and effect of discharge.
1. The obligation of a party to pay the instrument is discharged as stated in this article or by an act or agreement with ... Nevada Revised Statutes Section 104.3602 Payment.
1. Except as otherwise provided in subsection 2, an instrument is paid to the extent payment is made by or on behalf of a party obliged to pay ... Nevada Revised Statutes Section 104.3603 Tender of payment.
1. If tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument, the effect of tender ... Nevada Revised Statutes Section 104.3604 Discharge by cancellation or renunciation.
1. A person entitled to enforce an instrument, with or without consideration, may discharge the obligation of a party to pay the instrument: ... Nevada Revised Statutes Section 104.3605 Discharge of endorsers and accommodation parties.
1. In this section, the term “endorser” includes a drawer having the obligation described in subsection 4 of NRS 104.3414. 2. Discharge, ... Nevada Revised Statutes Section 104.4101 Short title. This article may be cited as Uniform Commercial Code—Bank Deposits and Collections. ...
Nevada Revised Statutes Section 104.4102 Applicability.
1. To the extent that items within this article are also within articles 3 and 8, they are subject to those articles. If there is a conflict, this ... Nevada Revised Statutes Section 104.4103 Variation by agreement; measure of damages; action constituting ordinary care.
1. The effect of the provisions of this article may be varied by agreement, but the parties to the ... Nevada Revised Statutes Section 104.4104 Definitions and index of definitions.
1. In this article, unless the context otherwise requires: (a) “Account” means any deposit or credit account with a bank including a demand, ... Nevada Revised Statutes Section 104.4105 “Bank”; “depositary bank”; “payor bank”; “intermediary bank”; “collecting bank”; “presenting bank.” In this article:
1. “Bank” means a person engaged in the business of banking, including a savings bank, ... Nevada Revised Statutes Section 104.4106 Payable through or payable at bank.
1. If an item states that it is “payable through” a bank identified in the item: (a) The item designates the bank ... Nevada Revised Statutes Section 104.4107 Separate office of bank. A branch or separate office of a bank is a separate bank for the purpose of computing the time within which and determining the place at ...
Nevada Revised Statutes Section 104.4108 Time of receipt of items.
1. For the purpose of allowing time to process items, prove balances and make the necessary entries on its books to determine its position ... Nevada Revised Statutes Section 104.4109 Delays.
1. Unless otherwise instructed, a collecting bank in a good faith effort to secure payment of a specific item drawn on a payor other than a bank, and ... Nevada Revised Statutes Section 104.4110 Electronic presentment.
1. “Agreement for electronic presentment” means an agreement, clearing-house rule or Federal Reserve regulation or operating circular, providing that presentment of an item may be made by ... Nevada Revised Statutes Section 104.4111 Statute of limitations. An action to enforce an obligation, duty or right arising under this article must be commenced within three years after the cause of action accrues. ...
Nevada Revised Statutes Section 104.4201 Status of collecting bank as agent and provisional status of credits; item endorsed “pay any bank.”
1. Unless a contrary intent clearly appears and before the time that a ... Nevada Revised Statutes Section 104.4202 Responsibility for collection or return; when action timely.
1. A collecting bank must exercise ordinary care in: (a) Presenting an item or sending it for presentment; (b) ... Nevada Revised Statutes Section 104.4203 Effect of instructions. Subject to the provisions of article 3 concerning conversion of instruments (NRS 104.3420) and restrictive endorsements (NRS 104.3206), only a collecting bank’s transferor can give instructions that ...
Nevada Revised Statutes Section 104.4204 Methods of sending and presenting; sending directly to payor bank.
1. A collecting bank shall send items by a reasonably prompt method, taking into consideration relevant instructions, the nature ... Nevada Revised Statutes Section 104.4205 Depository bank holder of unendorsed item. If a customer delivers an item to a depositary bank for collection:
1. The depositary bank becomes a holder of the item at ... Nevada Revised Statutes Section 104.4206 Transfer between banks. Any agreed method which identifies the transferor bank is sufficient for the item’s further transfer to another bank. ...
Nevada Revised Statutes Section 104.4207 Transfer warranties.
1. A customer or collecting bank that transfers an item and receives a settlement or other consideration warrants to the transferee and to any subsequent collecting bank ... Nevada Revised Statutes Section 104.4208 Presentment warranties.
1. If an unaccepted draft is presented to the drawee for payment or acceptance and the drawee pays or accepts the draft, the person obtaining payment or ... Nevada Revised Statutes Section 104.4209 Encoding and retention warranties.
1. A person who encodes information on or with respect to an item after issue, warrants to any subsequent collecting bank and to the payor ... Nevada Revised Statutes Section 104.4210 Security interest of collecting bank in items, accompanying documents and proceeds.
1. A collecting bank has a security interest in an item and any accompanying documents or the proceeds ... Nevada Revised Statutes Section 104.4211 When bank gives value for purposes of holder in due course. For purposes of determining its status as a holder in due course, a bank has given value to the ...
Nevada Revised Statutes Section 104.4212 Presentment by notice of item not payable by, through or at bank; liability of drawer or endorser.
1. Unless otherwise instructed, a collecting bank may present an item not ... Nevada Revised Statutes Section 104.4213 Medium and time of settlement by bank.
1. With respect to settlement by a bank, the medium and time of settlement may be prescribed by Federal Reserve regulations or ... Nevada Revised Statutes Section 104.4214 Right of charge-back or refund; liability of collecting bank; return of item.
1. If a collecting bank has made provisional settlement with its customer for an item and fails ... Nevada Revised Statutes Section 104.4215 Final payment of item by payor bank; when provisional debits and credits become final; when certain credits become available for withdrawal.
1. Except as otherwise provided in NRS 104.3418, ... Nevada Revised Statutes Section 104.4216 Insolvency and preference.
1. If an item is in or comes into the possession of a payor or collecting bank that suspends payment and the item has not been ... Nevada Revised Statutes Section 104.4301 Deferred posting; recovery of payment by return of items; time of dishonor; return of items by payor bank.
1. If a payor bank settles for a demand item other ... Nevada Revised Statutes Section 104.4302 Payor bank’s responsibility for late return of item. 1. If an item is presented to and received by a payor bank, the bank is accountable for the amount of: Nevada Revised Statutes Section 104.4303 When items subject to notice, stop-payment order, legal process or setoff; order in which items may be charged or certified.
1. Any knowledge, notice or stop-payment order received by, ... Nevada Revised Statutes Section 104.4401 When bank may charge customer’s account.
1. A bank may charge against the account of a customer any item that is properly payable from that account even though the ... Nevada Revised Statutes Section 104.4402 Bank’s liability to customer for wrongful dishonor; time of determining insufficiency of account.
1. Except as otherwise provided in this article, a payor bank wrongfully dishonors an item if ... Nevada Revised Statutes Section 104.4403 Customer’s right to stop payment; burden of proof of loss.
1. A customer or any person authorized to draw on the account if there is more than one person, ... Nevada Revised Statutes Section 104.4404 Bank not obligated to pay check more than 6 months old. A bank is under no obligation to a customer having a checking account to pay a check, other than ...
Nevada Revised Statutes Section 104.4405 Death or incompetence of customer.
1. A payor or collecting bank’s authority to accept, pay or collect an item or to account for proceeds of its collection, if otherwise ... Nevada Revised Statutes Section 104.4406 Customer’s duty to discover or report unauthorized signature or alteration.
1. A bank that sends or makes available to a customer a statement of account showing payment of items ... Nevada Revised Statutes Section 104.4407 Payor bank’s right to subrogation on improper payment. If a payor bank has paid an item over the order of the drawer or maker to stop payment, or after an ...
Nevada Revised Statutes Section 104.4501 Handling of documentary drafts; duty to send for presentment and to notify customer of dishonor. A bank which takes a documentary draft for collection must present or send the draft ...
Nevada Revised Statutes Section 104.4502 Presentment of “on arrival” drafts. When a draft or the relevant instructions require presentment “on arrival,” “when goods arrive” or the like, the collecting bank need not present until in ...
Nevada Revised Statutes Section 104.4503 Responsibility of presenting bank for documents and goods; report of reasons for dishonor; referee in case of need. Unless otherwise instructed and except as provided in article 5 a bank ...
Nevada Revised Statutes Section 104.4504 Privilege of presenting bank to deal with goods; security interest for expenses.
1. A presenting bank which, following the dishonor of a documentary draft, has seasonably requested instructions but ... Nevada Revised Statutes Section 104.5101 Short title. This article may be cited as Uniform Commercial Code—Letters of Credit. ...
Nevada Revised Statutes Section 104.5102 Definitions.
1. In this article: (a) “Adviser” means a person who, at the request of the issuer, a confirmer or another adviser, notifies or requests another adviser to ... Nevada Revised Statutes Section 104.5103 Scope.
1. This article applies to letters of credit and to certain rights and obligations arising out of transactions involving letters of credit. 2. The statement of a ... Nevada Revised Statutes Section 104.5104 Formal requirements. A letter of credit, confirmation, advice, transfer, amendment or cancellation may be issued in any form that is a record and is authenticated by a signature or in ...
Nevada Revised Statutes Section 104.5105 Consideration. Consideration is not required to issue, amend, transfer or cancel a letter of credit, advice or confirmation. ...
Nevada Revised Statutes Section 104.5106 Issuance, amendment, cancellation and duration.
1. A letter of credit is issued and becomes enforceable according to its terms against the issuer when the issuer sends or otherwise transmits ... Nevada Revised Statutes Section 104.5107 Confirmer, nominated person and adviser.
1. A confirmer is directly obligated on a letter of credit and has the rights and obligations of an issuer to the extent of ... Nevada Revised Statutes Section 104.5108 Issuer’s rights and obligations.
1. Except as otherwise provided in NRS 104.5109, an issuer shall honor a presentation that, as determined by the standard practice referred to in subsection ... Nevada Revised Statutes Section 104.5109 Fraud and forgery.
1. If a presentation is made that appears on its face strictly to comply with the terms and conditions of a letter of credit, but a ... Nevada Revised Statutes Section 104.5110 Warranties.
1. If its presentation is honored, the beneficiary warrants: (a) To the issuer, any other person to whom presentation is made, and the applicant that there is ... Nevada Revised Statutes Section 104.5111 Remedies.
1. If an issuer wrongfully dishonors or repudiates its obligation to pay money under a letter of credit before presentation, the beneficiary, successor or nominated person presenting on ... Nevada Revised Statutes Section 104.5112 Transfer of letter of credit.
1. Except as otherwise provided in NRS 104.5113, unless a letter of credit provides that it is transferable, the right of a beneficiary to ... Nevada Revised Statutes Section 104.5113 Transfer by operation of law.
1. A successor of a beneficiary may consent to amendments, sign and present documents, and receive payment or other items of value in the ... Nevada Revised Statutes Section 104.5114 Assignment of proceeds.
1. As used in this section, “proceeds of a letter of credit” means the cash, check, accepted draft or other item of value paid or delivered ... Nevada Revised Statutes Section 104.5115 Statute of limitations. An action to enforce a right or obligation arising under this article must be commenced within 1 year after the expiration date of the relevant letter of ...
Nevada Revised Statutes Section 104.5116 Choice of law and forum.
1. The liability of an issuer, nominated person or adviser for action or omission is governed by the law of the jurisdiction chosen by ... Nevada Revised Statutes Section 104.5117 Subrogation of issuer, applicant and nominated person.
1. An issuer that honors a beneficiary’s presentation is subrogated to the rights of the beneficiary to the same extent as if ... Nevada Revised Statutes Section 104.5118 Security interest of issuer or nominated person.
1. An issuer or a nominated person has a security interest in a document presented under a letter of credit and ... Nevada Revised Statutes Section 104.7101 Short title. This article shall be known and may be cited as Uniform Commercial Code—Documents of Title. ...
Nevada Revised Statutes Section 104.7102 Definitions and index of definitions.
1. In this article, unless the context otherwise requires: (a) “Bailee” means the person who by a warehouse receipt, bill of lading or ... Nevada Revised Statutes Section 104.7103 Relation of article to treaty, statute, tariff, classification or regulation. To the extent that any treaty or statute of the United States, regulatory statute of this State or tariff, classification ...
Nevada Revised Statutes Section 104.7104 Negotiable and nonnegotiable warehouse receipt, bill of lading or other document of title.
1. A warehouse receipt, bill of lading or other document of title is negotiable: (a) ... Nevada Revised Statutes Section 104.7105 Construction against negative implication. The omission from either part 2 or part 3 of this article of a provision corresponding to a provision made in the other part does not ...
Nevada Revised Statutes Section 104.7106 Laws prescribing form or contents of documents of title or bailees’ services or facilities not repealed or modified; status of documents of title. This article does not repeal or modify ...
Nevada Revised Statutes Section 104.7201 Who may issue a warehouse receipt; storage under government bond.
1. A warehouse receipt may be issued by any warehouseman. 2. Where goods including distilled spirits and agricultural ... Nevada Revised Statutes Section 104.7202 Form of warehouse receipt; essential terms; optional terms.
1. A warehouse receipt need not be in any particular form. 2. Unless a warehouse receipt embodies within its written ... Nevada Revised Statutes Section 104.7203 Liability for nonreceipt or misdescription. A party to or purchaser for value in good faith of a document of title other than a bill of lading relying in either case ...
Nevada Revised Statutes Section 104.7204 Duty of care; contractual limitation of warehouseman’s liability.
1. A warehouseman is liable for damages for loss of or injury to the goods caused by his failure to exercise ... Nevada Revised Statutes Section 104.7205 Title under warehouse receipt defeated in certain cases. A buyer in the ordinary course of business of fungible goods sold and delivered by a warehouseman who is also in the ...
Nevada Revised Statutes Section 104.7206 Termination of storage at warehouseman’s option.
1. A warehouseman may on notifying the person on whose account the goods are held and any other person known to claim an ... Nevada Revised Statutes Section 104.7207 Goods must be kept separate; fungible goods.
1. Unless the warehouse receipt otherwise provides, a warehouseman must keep separate the goods covered by each receipt so as to permit ... Nevada Revised Statutes Section 104.7208 Altered warehouse receipts. Where a blank in a negotiable warehouse receipt has been filled in without authority, a purchaser for value and without notice of the want of authority may ...
Nevada Revised Statutes Section 104.7209 Lien of warehouseman.
1. A warehouseman has a lien against the bailor on the goods covered by a warehouse receipt or on the proceeds thereof in his possession for ... Nevada Revised Statutes Section 104.7210 Enforcement of warehouseman’s lien.
1. Except as provided in subsection 2, a warehouseman’s lien may be enforced by public or private sale of the goods in block or in ... Nevada Revised Statutes Section 104.7301 Liability for nonreceipt or misdescription; “said to contain”; “shipper’s load and count”; improper handling.
1. A consignee of a nonnegotiable bill who has given value in good faith or ... Nevada Revised Statutes Section 104.7302 Through bills of lading and similar documents.
1. The issuer of a through bill of lading or other document embodying an undertaking to be performed in part by persons ... Nevada Revised Statutes Section 104.7303 Diversion; reconsignment; change of instructions.
1. Unless the bill of lading otherwise provides, the carrier may deliver the goods to a person or destination other than that stated in ... Nevada Revised Statutes Section 104.7304 Bills of lading in a set.
1. Except where customary in overseas transportation, a bill of lading must not be issued in a set of parts. The issuer is ... Nevada Revised Statutes Section 104.7305 Destination bills.
1. Instead of issuing a bill of lading to the consignor at the place of shipment a carrier may at the request of the consignor procure the ... Nevada Revised Statutes Section 104.7306 Altered bills of lading. An unauthorized alteration or filling in of a blank in a bill of lading leaves the bill enforceable according to its original tenor. ...
Nevada Revised Statutes Section 104.7307 Lien of carrier.
1. A carrier has a lien on the goods covered by a bill of lading for charges subsequent to the date of its receipt of the ... Nevada Revised Statutes Section 104.7308 Enforcement of carrier’s lien.
1. A carrier’s lien may be enforced by public or private sale of the goods, in bloc or in parcels, at any time or place ... Nevada Revised Statutes Section 104.7309 Duty of care; contractual limitation of carrier’s liability.
1. A carrier who issues a bill of lading whether negotiable or nonnegotiable must exercise the degree of care in relation ... Nevada Revised Statutes Section 104.7401 Irregularities in issue of receipt or bill or conduct of issuer. The obligations imposed by this article on an issuer apply to a document of title regardless of the fact ...
Nevada Revised Statutes Section 104.7402 Duplicate receipt or bill; overissue. Neither a duplicate nor any other document of title purporting to cover goods already represented by an outstanding document of the same issuer confers any ...
Nevada Revised Statutes Section 104.7403 Obligation of warehouseman or carrier to deliver; excuse.
1. The bailee must deliver the goods to a person entitled under the document who complies with subsections 2 and 3, ... Nevada Revised Statutes Section 104.7404 No liability for delivery in good faith pursuant to receipt or bill. A bailee who in good faith including observance of reasonable commercial standards has received goods and delivered or ...
Nevada Revised Statutes Section 104.7501 Form of negotiation and requirements of “due negotiation.”
1. A negotiable document of title running to the order of a named person is negotiated by his endorsement and delivery. ... Nevada Revised Statutes Section 104.7502 Rights acquired by due negotiation.
1. Subject to the following section and to the provisions of NRS 104.7205 on fungible goods, a holder to whom a negotiable document of ... Nevada Revised Statutes Section 104.7503 Document of title to goods defeated in certain cases.
1. A document of title confers no right in goods against a person who before issuance of the document had ... Nevada Revised Statutes Section 104.7504 Rights acquired in the absence of due negotiation; effect of diversion; seller’s stoppage of delivery.
1. A transferee of a document, whether negotiable or nonnegotiable, to whom the document ... Nevada Revised Statutes Section 104.7505 Endorser not a guarantor for other parties. The endorsement of a document of title issued by a bailee does not make the endorser liable for any default by the bailee ...
Nevada Revised Statutes Section 104.7506 Delivery without endorsement; right to compel endorsement. The transferee of a negotiable document of title has a specifically enforceable right to have his transferor supply any necessary endorsement but the ...
Nevada Revised Statutes Section 104.7507 Warranties on negotiation or transfer of receipt or bill. Where a person negotiates or transfers a document of title for value otherwise than as a mere intermediary under the next ...
Nevada Revised Statutes Section 104.7508 Warranties of collecting bank as to documents. A collecting bank or other intermediary known to be entrusted with documents on behalf of another or with collection of a draft or ...
Nevada Revised Statutes Section 104.7509 Receipt or bill: When adequate compliance with commercial contract. The question whether a document is adequate to fulfill the obligations of a contract for sale or the conditions of a ...
Nevada Revised Statutes Section 104.7601 Lost and missing documents.
1. If a document has been lost, stolen or destroyed, a court may order delivery of the goods or issuance of a substitute document and ... Nevada Revised Statutes Section 104.7602 Attachment of goods covered by a negotiable document. Except where the document was originally issued upon delivery of the goods by a person who had no power to dispose of ...
Nevada Revised Statutes Section 104.7603 Conflicting claims; interpleader. If more than one person claims title or possession of the goods, the bailee is excused from delivery until he has had a reasonable time to ascertain ...
Nevada Revised Statutes Section 104.8101 Short title. This article may be cited as Uniform Commercial Code—Investment Securities. ...
Nevada Revised Statutes Section 104.8102 Definitions.
1. In this article: (a) “Adverse claim” means a claim that a claimant has a property interest in a financial asset and that it is a violation ... Nevada Revised Statutes Section 104.8103 Rules for determining whether certain obligations and interests are securities or financial assets.
1. A share or similar equity interest issued by a corporation, business trust, joint stock company ... Nevada Revised Statutes Section 104.8104 Acquisition of security or financial asset or interest therein.
1. A person acquires a security, or an interest therein, under this article, if he: (a) Is a purchaser ... Nevada Revised Statutes Section 104.8105 Notice of adverse claim.
1. A person has notice of an adverse claim if he: (a) Knows of the adverse claim; (b) Is aware of facts sufficient ... Nevada Revised Statutes Section 104.8106 Control.
1. A purchaser has “control” of a certificated security in bearer form if it is delivered to him. 2. A purchaser has “control” of a certificated security ... Nevada Revised Statutes Section 104.8107 Whether endorsement, instruction or entitlement order is effective.
1. “Appropriate person” means: (a) With respect to an endorsement, the person specified by a security certificate or by an ... Nevada Revised Statutes Section 104.8108 Warranties in direct holding.
1. A person who transfers a certificated security to a purchaser for value warrants to the purchaser, and an endorser, if the transfer is by ... Nevada Revised Statutes Section 104.8109 Warranties in indirect holding.
1. A person who originates an entitlement order to a securities intermediary warrants to the securities intermediary that: (a) The entitlement order is made ... Nevada Revised Statutes Section 104.8110 Applicability; choice of law.
1. The local law of the issuer’s jurisdiction, as specified in subsection 4, governs: (a) The validity of a security; (b) The ... Nevada Revised Statutes Section 104.8111 Rules of clearing corporation. A rule adopted by a clearing corporation governing rights and obligations among the clearing corporation and its participants in the clearing corporation is effective even if ...
Nevada Revised Statutes Section 104.8112 Creditor’s legal process.
1. Except as otherwise provided in subsection 4, the interest of a debtor in a certificated security may be reached by a creditor only by actual ... Nevada Revised Statutes Section 104.8113 Statute of frauds inapplicable. A contract or modification of a contract for the sale or purchase of a security is enforceable whether or not there is a writing signed or ...
Nevada Revised Statutes Section 104.8114 Evidentiary rules concerning certificated securities. The following rules apply in an action on a certificated security against an issuer:
1. Unless specifically denied in the pleadings, each signature on ... Nevada Revised Statutes Section 104.8115 Securities intermediary and others not liable to adverse claimant. A securities intermediary that has transferred a financial asset pursuant to an effective entitlement order, or a broker or other agent ...
Nevada Revised Statutes Section 104.8116 Securities intermediary as purchaser for value. A securities intermediary that receives a financial asset and establishes a security entitlement to the financial asset in favor of an entitlement holder is ...
Nevada Revised Statutes Section 104.8201 “Issuer.”
1. With respect to an obligation on or a defense to a security, an “issuer” includes a person who: (a) Places or authorizes the placing of his ... Nevada Revised Statutes Section 104.8202 Issuer’s responsibility and defenses; notice of defect or defense.
1. Even against a purchaser for value and without notice, the terms of a certificated security include the terms stated ... Nevada Revised Statutes Section 104.8203 Staleness as notice of defect or defense. After an act or event, other than a call that has been revoked, creating a right to immediate performance of the principal obligation ...
Nevada Revised Statutes Section 104.8204 Effect of issuer’s restriction on transfer. A restriction on transfer of a security imposed by the issuer, even if otherwise lawful, is ineffective against any person without actual knowledge of ...
Nevada Revised Statutes Section 104.8205 Effect of unauthorized signature on security certificate. An unauthorized signature placed on a security certificate before or in the course of issue is ineffective, but the signature is effective in ...
Nevada Revised Statutes Section 104.8206 Completion or alteration of security certificate.
1. If a security certificate contains the signatures necessary to its issue or transfer but is incomplete in any other respect: (a) ... Nevada Revised Statutes Section 104.8207 Rights and duties of issuer with respect to registered owners.
1. Before the presentment for registration of transfer of a certificated security in registered form or of an instruction ... Nevada Revised Statutes Section 104.8208 Effect of signature of authenticating trustee, registrar or transfer agent.
1. A person signing a security certificate as authenticating trustee, registrar, transfer agent or the like warrants to a ... Nevada Revised Statutes Section 104.8209 Issuer’s lien. A lien in favor of an issuer upon a certificated security is valid against a purchaser only if the right of the issuer to the lien is noted ...
Nevada Revised Statutes Section 104.8210 Overissue.
1. As used in this section, “overissue” means the issue of securities in excess of the amount the issuer has corporate power to issue, but an overissue does ... Nevada Revised Statutes Section 104.8301 Delivery.
1. Delivery of a certificated security to a purchaser occurs when: (a) The purchaser acquires possession of the security certificate; (b) Another person, other than a ... Nevada Revised Statutes Section 104.8302 Rights of purchaser.
1. Except as otherwise provided in subsections 2 and 3, a purchaser of a certificated or uncertificated security acquires all rights in the security that the ... Nevada Revised Statutes Section 104.8303 Protected purchaser.
1. “Protected purchaser” means a purchaser of a certificated or uncertificated security, or of an interest therein, who: (a) Gives value; (b) Does not have ... Nevada Revised Statutes Section 104.8304 Endorsement.
1. An endorsement may be in blank or special. An endorsement in blank includes an endorsement to bearer. A special endorsement specifies to whom a security is to ... Nevada Revised Statutes Section 104.8305 Instruction.
1. If an instruction has been originated by an appropriate person but is incomplete in any other respect, any person may complete it as authorized and the issuer ... Nevada Revised Statutes Section 104.8306 Effect of guaranteeing signature, endorsement or instruction.
1. A person who guarantees a signature of an endorser of a security certificate warrants that at the time of signing: ... Nevada Revised Statutes Section 104.8307 Purchaser’s right to requisites for registration of transfer. Unless otherwise agreed, the transferor of a security on due demand shall supply the purchaser with proof of authority to transfer or ...
Nevada Revised Statutes Section 104.8401 Duty of issuer to register transfer.
1. If a certificated security in registered form is presented to an issuer with a request to register transfer or an instruction is ... Nevada Revised Statutes Section 104.8402 Assurance that endorsement or instruction is effective.
1. An issuer may require the following assurance that each necessary endorsement or each instruction is genuine and authorized: (a) In ... Nevada Revised Statutes Section 104.8403 Demand that issuer not register transfer.
1. A person who is an appropriate person to make an endorsement or originate an instruction may demand that the issuer not register ... Nevada Revised Statutes Section 104.8404 Wrongful registration.
1. Except as otherwise provided in NRS 104.8406, an issuer is liable for wrongful registration of transfer if the issuer has registered a transfer of a security ... Nevada Revised Statutes Section 104.8405 Replacement of lost, destroyed or wrongfully taken security certificate.
1. If an owner of a certificated security, whether in registered or bearer form, claims that the certificate has been ... Nevada Revised Statutes Section 104.8406 Obligation to notify issuer of lost, destroyed or wrongfully taken security certificate. If a security certificate has been lost, apparently destroyed or wrongfully taken and the owner fails to notify ...
Nevada Revised Statutes Section 104.8407 Authenticating trustee, transfer agent and registrar. A person acting as authenticating trustee, transfer agent, registrar or other agent for an issuer in the registration of a transfer of its securities, ...
Nevada Revised Statutes Section 104.8501 Securities account; acquisition of security entitlement from securities intermediary.
1. “Securities account” means an account to which a financial asset is or may be credited in accordance with an ... Nevada Revised Statutes Section 104.8502 Assertion of adverse claim against entitlement holder. An action based on an adverse claim to a financial asset, whether framed in conversion, replevin, constructive trust, equitable lien or other theory, ...
Nevada Revised Statutes Section 104.8503 Property interest of entitlement holder in financial asset held by securities intermediary.
1. To the extent necessary for a securities intermediary to satisfy all security entitlements with respect to ... Nevada Revised Statutes Section 104.8504 Duty of securities intermediary to maintain financial asset.
1. A securities intermediary shall promptly obtain and thereafter maintain a financial asset in a quantity corresponding to the aggregate of ... Nevada Revised Statutes Section 104.8505 Duty of securities intermediary with respect to payments and distributions.
1. A securities intermediary shall take action to obtain a payment or distribution made by the issuer of a ... Nevada Revised Statutes Section 104.8506 Duty of securities intermediary to exercise rights as directed by entitlement holder. A securities intermediary shall exercise rights with respect to a financial asset if directed to do so by ...
Nevada Revised Statutes Section 104.8507 Duty of securities intermediary to comply with entitlement order.
1. A securities intermediary shall comply with an entitlement order if the entitlement order is originated by the appropriate person, ... Nevada Revised Statutes Section 104.8508 Duty of securities intermediary to change entitlement holder’s position to other form of security holding. A securities intermediary shall act at the direction of an entitlement holder to change a ...
Nevada Revised Statutes Section 104.8509 Specification of duties of securities intermediary by other statute or regulation; manner of performance of duties of securities intermediary and exercise of rights of entitlement holder.
1. If the ... Nevada Revised Statutes Section 104.8510 Rights of purchaser of security entitlement from entitlement holder.
1. In a case not covered by the rules of priority in article 9 or the rules stated in subsection ... Nevada Revised Statutes Section 104.8511 Priority among security interests and entitlement holders.
1. Except as otherwise provided in subsections 2 and 3, if a securities intermediary does not have sufficient interests in a particular ... Nevada Revised Statutes Section 104.9101 Short title. This article may be cited as Uniform Commercial Code—Secured Transactions. ...
Nevada Revised Statutes Section 104.9102 Definitions and index of definitions.
1. In this article: (a) “Accession” means goods that are physically united with other goods in such a manner that the identity of ... Nevada Revised Statutes Section 104.9103 Purchase-money security interest: Circumstances of existence; applicability of payments; burden of establishing.
1. In this section: (a) “Purchase-money collateral” means goods or software that secures a ... Nevada Revised Statutes Section 104.9104 Control of deposit account.
1. A secured party has control of a deposit account if: (a) The secured party is the bank with which the deposit account is ... Nevada Revised Statutes Section 104.9106 Control of investment property.
1. A person has control of a certificated security, uncertificated security, or security entitlement as provided in NRS 104.8106. 2. A secured ... Nevada Revised Statutes Section 104.9107 Control of letter-of-credit right. A secured party has control of a letter-of-credit right to the extent of any right to payment or performance by the issuer or any nominated person ...
Nevada Revised Statutes Section 104.9108 Sufficiency of descriptions.
1. Except as otherwise provided in subsections 3, 4 and 5, a description of personal or real property is sufficient, whether or not it is ... Nevada Revised Statutes Section 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 ... Nevada Revised Statutes Section 104.9110 Applicability to security interests arising under article 2 or 2A. A security interest arising under NRS 104.2401, 104.2505, subsection 3 of 104.2711, or subsection 5 of NRS 104A.2508 is subject ...
Nevada Revised Statutes Section 104.9201 General effectiveness of security agreement.
1. Except as otherwise provided in the Uniform Commercial Code, a security agreement is effective according to its terms between the parties, against ... Nevada Revised Statutes Section 104.9202 Title to collateral immaterial. Except as otherwise provided with respect to consignments or sales of accounts, chattel paper, payment intangibles or promissory notes, the provisions of this article with regard ...
Nevada Revised Statutes Section 104.9203 Attachment and enforceability of security interest; proceeds; formal requisites; supporting obligations.
1. A security interest attaches to collateral when it becomes enforceable against the debtor with respect to ... Nevada Revised Statutes Section 104.9204 After-acquired property; future advances.
1. Except as otherwise provided in subsection 2, a security agreement may create or provide for a security interest in after-acquired collateral. ... Nevada Revised Statutes Section 104.9205 Use or disposition of collateral permissible.
1. A security interest is not invalid or fraudulent against creditors solely because: (a) The debtor has the right or ... Nevada Revised Statutes Section 104.9206 Security interest arising in purchase or delivery of financial asset. 1. A security interest in favor of a securities intermediary attaches to a person’s security entitlement if: Nevada Revised Statutes Section 104.9207 Rights and duties of secured party having possession or control of collateral.
1. Except as otherwise provided in subsection 4, a secured party shall use reasonable care in ... Nevada Revised Statutes Section 104.9208 Additional duties of secured party having control of collateral. If there is no outstanding secured obligation and the secured party is not committed to make advances, incur obligations or otherwise ...
Nevada Revised Statutes Section 104.9209 Duties of secured party if account debtor has been notified of assignment.
1. Except as otherwise provided in subsection 3, this section applies if: (a) There ... Nevada Revised Statutes Section 104.9210 Request for accounting; request regarding list of collateral or statement of account.
1. In this section: (a) “Request” means a record of a type described in ... Nevada Revised Statutes Section 104.9301 Determination of law governing perfection and priority of security interests. Except as otherwise provided in NRS 104.9303 to 104.9306, inclusive, the following rules determine the law governing perfection, the effect ...
Nevada Revised Statutes Section 104.9302 Determination of law governing perfection and priority of agricultural liens. While farm products are located in a jurisdiction, the law of that jurisdiction governs perfection, the effect of perfection or ...
Nevada Revised Statutes Section 104.9303 Determination of law governing perfection and priority of security interests in goods covered by certificate of title.
1. This section applies to goods covered by a certificate of ... Nevada Revised Statutes Section 104.9304 Determination of law governing perfection and priority of security interests in deposit accounts.
1. The law of a bank’s jurisdiction governs perfection, the effect of perfection or nonperfection, ... Nevada Revised Statutes Section 104.9305 Determination of law governing perfection and priority of security interests in investment property.
1. Except as otherwise provided in subsection 3, the following rules apply: (a) ... Nevada Revised Statutes Section 104.9306 Determination of law governing perfection and priority of security interests in letter-of-credit rights.
1. Subject to subsection 3, the law of the issuer’s jurisdiction or a nominated person’s ... Nevada Revised Statutes Section 104.9307 Location of debtor.
1. In this section, “place of business” means a place where a debtor conducts its affairs. 2. Except as otherwise provided in this ... Nevada Revised Statutes Section 104.9308 When security interest or agricultural lien is perfected; continuity of perfection.
1. Except as otherwise provided in this section and NRS 104.9309, a security interest is perfected if ... Nevada Revised Statutes Section 104.9309 Security interest perfected upon attachment. The following security interests are perfected when they attach:
1. A purchase-money security interest in consumer goods, except as otherwise provided in subsection 2 ... Nevada Revised Statutes Section 104.9310 When filing required to perfect security interest or agricultural lien; security interests and agricultural liens to which filing provisions do not apply.
1. Except as otherwise provided in ... Nevada Revised Statutes Section 104.9311 Perfection of security interests in property subject to certain statutes, regulations and treaties.
1. Except as otherwise provided in subsection 4, the filing of a financing statement is ... Nevada Revised Statutes Section 104.9312 Perfection of security interests in chattel paper, deposit accounts, documents, goods covered by documents, instruments, investment property, letter-of-credit rights and money; perfection by permissive filing; temporary perfection without filing or ...
Nevada Revised Statutes Section 104.9313 When possession by or delivery to secured party perfects security interest without filing.
1. Except as otherwise provided in subsection 2, a secured party may perfect a security ... Nevada Revised Statutes Section 104.9314 Perfection by control.
1. A security interest in investment property, deposit accounts, letter-of-credit rights or electronic chattel paper may be perfected by control of the collateral under NRS ... Nevada Revised Statutes Section 104.9315 Secured party’s rights on disposition of collateral and in proceeds.
1. Except as otherwise provided in this article and in subsection 2 of NRS 104.2403: (a) ... Nevada Revised Statutes Section 104.9316 Continued perfection of security interest following change in governing law.
1. A security interest perfected pursuant to the law of the jurisdiction designated in subsection 1 of NRS ... Nevada Revised Statutes Section 104.9317 Interests that take priority over or take free of unperfected security interest or agricultural lien. 1. A security interest or agricultural lien is subordinate to the rights of: Nevada Revised Statutes Section 104.9318 No interest retained in right to payment that is sold; rights and title of seller of account or chattel paper with respect to creditors and purchasers.
1. A debtor ... Nevada Revised Statutes Section 104.9319 Rights and title of consignee with respect to creditors and purchasers.
1. Except as otherwise provided in subsection 2, for purposes of determining the rights of creditors of, ... Nevada Revised Statutes Section 104.9320 Protection of certain buyers of goods.
1. Except as otherwise provided in subsection 5, a buyer in the ordinary course of business, other than a person buying farm ... Nevada Revised Statutes Section 104.9321 Protection of licensee of general intangible and lessee of goods in ordinary course of business.
1. In this section, “licensee in ordinary course of business” means a person ... Nevada Revised Statutes Section 104.9322 Priorities among conflicting security interests in and agricultural liens on same collateral.
1. Except as otherwise provided in this section, priority among conflicting security interests and agricultural liens ... Nevada Revised Statutes Section 104.9323 Future advances.
1. Except as otherwise provided in subsection 3, for purposes of determining the priority of a perfected security interest under subsection 1 of NRS 104.9322, perfection ... Nevada Revised Statutes Section 104.9324 Priority of purchase-money security interests.
1. Subject to subsection 2 and except as otherwise provided in subsection 7, a perfected purchase-money security interest in inventory has priority over ... Nevada Revised Statutes Section 104.9325 Priority of security interests in transferred collateral.
1. Except as otherwise provided in subsection 2, a security interest created by a debtor is subordinate to a security interest ... Nevada Revised Statutes Section 104.9326 Priority of security interests created by new debtor.
1. Subject to subsection 2, a security interest created by a new debtor which is perfected by a filed financing ... Nevada Revised Statutes Section 104.9327 Priority among conflicting security interests in same deposit account. The following rules govern priority among conflicting security interests in the same deposit account:
1. A security interest held ... Nevada Revised Statutes Section 104.9328 Priority among conflicting security interests in same investment property. The following rules govern priority among conflicting security interests in the same investment property:
1. A security interest held by ... Nevada Revised Statutes Section 104.9330 Priority of purchaser of chattel paper or instrument.
1. A purchaser of chattel paper has priority over a security interest in the chattel paper which is claimed merely ... Nevada Revised Statutes Section 104.9331 Priority of rights of purchasers of instruments, documents and securities under other articles; priority of interests in financial assets and security entitlements under article 8.
1. This article ... Nevada Revised Statutes Section 104.9332 Effect of transfer of money; effect of transfer of funds from deposit account.
1. A transferee of money takes the money free of a security interest unless the ... Nevada Revised Statutes Section 104.9333 Priority of certain possessory liens arising by operation of law. 1. In this section, “possessory lien” means an interest, other than a security interest or an agricultural lien: Nevada Revised Statutes Section 104.9334 Priority of security interests in fixtures and crops.
1. A security interest under this article may be created in goods that are fixtures or may continue in goods ... Nevada Revised Statutes Section 104.9335 Accessions.
1. A security interest may be created in an accession and continues in collateral that becomes an accession. 2. If a security interest is perfected ... Nevada Revised Statutes Section 104.9336 Commingled goods.
1. In this section, “commingled goods” means goods that are physically united with other goods in such a manner that their identity is lost in a ... Nevada Revised Statutes Section 104.9337 Priority of security interests in goods covered by certificate of title. If, while a security interest in goods is perfected by any method under the law of another jurisdiction, this ...
Nevada Revised Statutes Section 104.9338 Priority of security interest or agricultural lien perfected by filed financing statement providing certain incorrect information. If a security interest or agricultural lien is perfected by a filed financing statement ...
Nevada Revised Statutes Section 104.9339 Priority subject to subordination by agreement. This article does not preclude subordination by agreement by a person entitled to priority. ...
Nevada Revised Statutes Section 104.9340 Effectiveness of right of recoupment or setoff against deposit account.
1. Except as otherwise provided in subsection 3, a bank with which a deposit account is maintained may ... Nevada Revised Statutes Section 104.9342 Bank’s right to refuse to enter into or disclose existence of control agreement. This article does not require a bank to enter into an agreement of the kind described in ...
Nevada Revised Statutes Section 104.9401 Alienability of debtor’s rights.
1. Except as otherwise provided in subsection 2 and NRS 104.9406 to 104.9409, inclusive, whether a debtor’s rights in collateral may be voluntarily or ... Nevada Revised Statutes Section 104.9402 Secured party not obligated in contract of debtor or in tort. The existence of a security interest, agricultural lien, or authority given to a debtor to dispose of or use ...
Nevada Revised Statutes Section 104.9403 Agreement not to assert defenses against assignee.
1. In this section, “value” has the meaning provided in subsection 1 of NRS 104.3303. 2. Except as otherwise ... Nevada Revised Statutes Section 104.9404 Rights acquired by assignee; claims and defenses against assignee.
1. Unless an account debtor has made an enforceable agreement not to assert defenses or claims, and subject to ... Nevada Revised Statutes Section 104.9405 Modification of or substitution for assigned contract.
1. A modification of or substitution for an assigned contract is effective against an assignee if made in good faith. The ... Nevada Revised Statutes Section 104.9406 Discharge of account debtor; notification of assignment; identification and proof of assignment; restrictions on assignment of accounts, chattel paper, payment intangibles and promissory notes ineffective.
1. Subject to ... Nevada Revised Statutes Section 104.9407 Restrictions on assignment, transfer, creation or enforcement of security interest in leasehold interest or in lessor’s residual interest.
1. Except as otherwise provided in subsection 2, a term ... Nevada Revised Statutes Section 104.9408 Restrictions on assignment or transfer of promissory notes, health-care insurance receivables and certain general intangibles ineffective.
1. Except as otherwise provided in subsection 2, a term in a ... Nevada Revised Statutes Section 104.9409 Restrictions on assignment of letter-of-credit rights ineffective.
1. A term in a letter of credit or a rule of law, statute, regulation, custom or practice applicable to the ... Nevada Revised Statutes Section 104.9501 Filing office.
1. Except as otherwise provided in subsection 2, if the law of this State governs perfection of a security interest or agricultural lien, the office in ... Nevada Revised Statutes Section 104.9502 Contents of financing statement; record of mortgage as financing statement; time of filing financing statement. 1. Subject to subsection 2, a financing statement is sufficient only if it: Nevada Revised Statutes Section 104.9503 Name of debtor and secured party provided in financing statement.
1. A financing statement sufficiently provides the name of the debtor: (a) If the debtor is ... Nevada Revised Statutes Section 104.9505 Filing of financing statement in compliance with other statutes and treaties for consignments, leases, other bailments and other transactions.
1. A consignor, lessor, or other bailor of goods, ... Nevada Revised Statutes Section 104.9506 Effect of errors or omissions in financing statement.
1. A financing statement substantially satisfying the requirements of this part is effective, even if it has minor errors or ... Nevada Revised Statutes Section 104.9507 Effect of certain events on effectiveness of financing statement.
1. A filed financing statement remains effective with respect to collateral that is sold, exchanged, leased, licensed or otherwise ... Nevada Revised Statutes Section 104.9508 Effectiveness of financing statement if new debtor becomes bound by security agreement.
1. Except as otherwise provided in this section, a filed financing statement naming an original debtor ... Nevada Revised Statutes Section 104.9509 Persons entitled to file record.
1. A person may file an initial financing statement, amendment that adds collateral covered by a financing statement or amendment that adds a ... Nevada Revised Statutes Section 104.9510 Effectiveness of filed record.
1. Subject to subsection 3, a filed record is effective only to the extent that it was filed by a person that may file ... Nevada Revised Statutes Section 104.9511 Secured party of record.
1. A secured party of record with respect to a financing statement is a person whose name is provided as the name of the ... Nevada Revised Statutes Section 104.9512 Amendment of financing statement.
1. Subject to NRS 104.9509, a person may add or delete collateral covered by, continue or terminate the effectiveness of, or, subject to subsection ... Nevada Revised Statutes Section 104.9513 Termination statement.
1. A secured party shall cause the secured party of record for a financing statement to file a termination statement for the financing statement if the ... Nevada Revised Statutes Section 104.9514 Assignment of certain powers of secured party of record.
1. Except as otherwise provided in subsection 3, an initial financing statement may reflect an assignment of all of ... Nevada Revised Statutes Section 104.9515 Duration and effectiveness of financing statement; effect of lapsed financing statement.
1. Except as otherwise provided in subsections 2, 5, 6 and 7, a filed financing statement is ... Nevada Revised Statutes Section 104.9516 What constitutes filing; effectiveness of filing.
1. Except as otherwise provided in subsection 2, communication of a record to a filing office and tender of the filing fee ... Nevada Revised Statutes Section 104.9517 Effect of indexing errors. The failure of the filing office to index a record correctly does not affect the effectiveness of the filed record. ...
Nevada Revised Statutes Section 104.9518 Claim concerning inaccurate or wrongfully filed record: Filing of correction statement.
1. A person may file in the filing office a correction statement with respect to a record ... Nevada Revised Statutes Section 104.9519 Numbering, maintaining and indexing records; communicating information provided in records.
1. For each record filed in a filing office, the filing office shall: (a) Assign a ... Nevada Revised Statutes Section 104.9520 Acceptance and refusal to accept record.
1. A filing office shall refuse to accept a record for filing for a reason set forth in subsection 2 of NRS ... Nevada Revised Statutes Section 104.9521 Acceptance of certain written records including initial financing statements by filing office; format of written records.
1. A filing office that accepts written records may not refuse to accept ... Nevada Revised Statutes Section 104.9522 Maintenance and destruction of records.
1. The filing office shall maintain a record of the information provided in a filed financing statement for at least 1 year after ... Nevada Revised Statutes Section 104.9523 Information from filing office; sale or license of records.
1. If a person that files a written record requests an acknowledgment of the filing, the filing office shall ... Nevada Revised Statutes Section 104.9524 Excused delay by filing office. Delay by the filing office beyond a time limit prescribed by this part is excused if:
1. The delay is caused by interruption ... Nevada Revised Statutes Section 104.9525 Fees.
1. Except as otherwise provided in subsection 5, the fee for filing and indexing a record under this part, other than an initial financing statement of the ... Nevada Revised Statutes Section 104.9526 Filing-office rules.
1. The Secretary of State shall adopt and publish rules to effectuate this article. The filing-office rules must be: (a) Consistent with this article; ... Nevada Revised Statutes Section 104.9527 Duty of Secretary of State to report. The Secretary of State shall report biennially on or before the first Monday of February in each odd-numbered year to the Governor and ...
Nevada Revised Statutes Section 104.9601 Rights after default; judicial enforcement; effect on consignor or buyer of accounts, chattel paper, payment intangibles or promissory notes.
1. After default, a secured party has the rights ... Nevada Revised Statutes Section 104.9603 Agreement on standards concerning rights and duties of parties.
1. The parties may determine by agreement the standards measuring the fulfillment of the rights of a debtor or ... Nevada Revised Statutes Section 104.9604 Procedure if security agreement covers real property or fixtures.
1. If a security agreement covers both personal and real property, a secured party may proceed: (a) ... Nevada Revised Statutes Section 104.9605 Duty to unknown debtor or secondary obligor. A secured party does not owe a duty based on its status as secured party:
1. To a person that is ... Nevada Revised Statutes Section 104.9606 Time of default for agricultural lien. For purposes of this part, a default occurs in connection with an agricultural lien at the time the secured party becomes entitled to enforce ...
Nevada Revised Statutes Section 104.9607 Collection and enforcement by secured party.
1. If so agreed, and in any event after default, a secured party: (a) May notify an account debtor or ... Nevada Revised Statutes Section 104.9608 Application of proceeds of collection or enforcement; liability for deficiency and right to surplus.
1. If a security interest or agricultural lien secures payment or performance of an ... Nevada Revised Statutes Section 104.9609 Secured party’s right to take possession or dispose of collateral after default. 1. After default, a secured party: (a) May take possession of the collateral; Nevada Revised Statutes Section 104.9610 Disposition of collateral after default.
1. After default, a secured party may sell, lease, license or otherwise dispose of any or all of the collateral in its present ... Nevada Revised Statutes Section 104.9611 Notification before disposition of collateral.
1. In this section, “notification date” means the earlier of the date on which: (a) A secured party sends to the ... Nevada Revised Statutes Section 104.9612 Timeliness of notification before disposition of collateral.
1. Except as otherwise provided in subsection 2, whether a notification is sent within a reasonable time is a question of ... Nevada Revised Statutes Section 104.9614 Contents and form of notification before disposition of collateral: Consumer-goods transaction. In a consumer-goods transaction, the following rules apply:
1. A notification of disposition must provide the following ... Nevada Revised Statutes Section 104.9615 Application of proceeds of disposition; liability for deficiency and right to surplus.
1. A secured party shall apply or pay over for application the cash proceeds of disposition ... Nevada Revised Statutes Section 104.9616 Explanation of calculation of surplus or deficiency.
1. In this section: (a) “Explanation” means a writing that: (1) States the amount of the surplus ... Nevada Revised Statutes Section 104.9617 Effect of disposition of collateral by secured party after default; rights of transferee regarding collateral.
1. A secured party’s disposition of collateral after default: (a) Transfers ... Nevada Revised Statutes Section 104.9618 Rights and duties of certain secondary obligors.
1. A secondary obligor acquires the rights and becomes obligated to perform the duties of the secured party after the secondary ... Nevada Revised Statutes Section 104.9619 Transfer of record or legal title.
1. In this section, “transfer statement” means a record authenticated by a secured party stating: (a) That the debtor has ... Nevada Revised Statutes Section 104.9620 Acceptance of collateral in full or partial satisfaction of obligation; compulsory disposition of collateral.
1. Except as otherwise provided in subsection 7, a secured party may accept collateral ... Nevada Revised Statutes Section 104.9621 Notification of proposal to accept collateral in satisfaction of obligation.
1. A secured party that desires to accept collateral in full or partial satisfaction of the obligation it ... Nevada Revised Statutes Section 104.9622 Effect of acceptance of collateral in satisfaction of obligation.
1. A secured party’s acceptance of collateral in full or partial satisfaction of the obligation it secures: ... Nevada Revised Statutes Section 104.9623 Redemption of collateral.
1. A debtor, any secondary obligor or any other secured party or lienholder may redeem collateral. 2. To redeem collateral, a person must ... Nevada Revised Statutes Section 104.9624 Waiver of right to notification of disposition of collateral; waiver of right to redeem collateral.
1. A debtor or secondary obligor may waive the right to notification of ... Nevada Revised Statutes Section 104.9625 Remedies for secured party’s failure to comply with article.
1. If it is established that a secured party is not proceeding in accordance with this article, a court ... Nevada Revised Statutes Section 104.9626 Action in which deficiency or surplus is in issue.
1. In an action arising from a transaction, other than a consumer transaction, in which the amount of a ... Nevada Revised Statutes Section 104.9627 Determination of whether conduct was commercially reasonable.
1. The fact that a greater amount could have been obtained by a collection, enforcement, disposition or acceptance at a different ... Nevada Revised Statutes Section 104.9628 Nonliability and limitation on liability of secured party; liability of secondary obligor.
1. Unless a secured party knows that a person is a debtor or obligor, knows his ... Nevada Revised Statutes Section 104.9702 Applicability of amendatory provisions to preexisting transactions, liens, actions, cases and proceedings.
1. Except as otherwise provided in NRS 104.9702 to 104.9709, inclusive, this article as amended applies ... Nevada Revised Statutes Section 104.9703 Security interest perfected before July 1, 2001.
1. A security interest that is enforceable immediately before July 1, 2001, and would have priority over the rights of a ... Nevada Revised Statutes Section 104.9705 Effectiveness of action taken before July 1, 2001.
1. If action, other than the filing of a financing statement, is taken before July 1, 2001, and the action ... Nevada Revised Statutes Section 104.9706 When initial financing statement suffices to continue effectiveness of financing statement filed before July 1, 2001.
1. The filing of an initial financing statement in the office specified ... Nevada Revised Statutes Section 104.9707 Persons entitled to file initial financing statement or continuation statement. A person may file an initial financing statement or a continuation statement under NRS 104.9702 to 104.9709, inclusive, if:
Nevada Revised Statutes Section 104.9708 Determination of priority of conflicting claims to collateral.
1. NRS 104.9101 to 104.9709, inclusive, determine the priority of conflicting claims to collateral. However, if the relative priorities of ... Nevada Revised Statutes Section 104.9709 Effectiveness, amendment and termination of financing statement filed before July 1, 2001.
1. In this section, “pre-effective-date financing statement” means a financing statement filed before July 1, 2001. ... Last modified: February 28, 2006 |