Nev. Rev. Stat. § 104.8102 — NV Code / Title 8 / Chapter 104 / Section 104.8102
Definitions and index of definitions
Status: in_force

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 of the rights of the claimant for another person to hold, transfer or deal with the financial asset. (b) “ Bearer form ,” as applied to a certificated security, means a form in which the security is payable to the bearer of the security certificate according to its terms but not by reason of an endorsement. (c) “ Broker ” means a person defined as a broker or dealer under the federal securities laws, but without excluding a bank acting in that capacity. (d) “ Certificated security ” means a security that is represented by a certificate. (e) “ Clearing corporation ” means: (1) A person that is registered as a “clearing agency” under the federal securities laws; (2) A Federal Reserve bank; or (3) Any other person that provides clearance or settlement with respect to financial assets that would require it to register as a clearing agency under the federal securities laws but for an exclusion or exemption from the requirement of registration, if its activities as a clearing corporation, including promulgation of rules, are subject to regulation by a federal or state governmental authority. (f) “ Communicate ” means to: (1) Send a signed record; or (2) Transmit information by any mechanism agreed upon by the persons transmitting and receiving the information. (g) “ Endorsement ” means a signature that alone or accompanied by other words is made on a security certificate in registered form or on a separate document for the purpose of assigning, transferring or redeeming the security or granting a power to assign, transfer or redeem it. (h) “ Entitlement holder ” means a person identified in the records of a securities intermediary as the person having a security entitlement against the securities intermediary. If a person acquires a security entitlement by virtue of paragraph (a) or (b) of subsection 2 of NRS 104.8501 , the person is the entitlement holder. (i) “ Entitlement order ” means a notification communicated to a securities intermediary directing transfer or redemption of a financial asset to which the entitlement holder has a security entitlement. (j) “ Financial asset ,” except as otherwise provided in NRS 104.8103 , means: (1) A security; (2) An obligation of a person or a share, participation or other interest in a person or in property or an enterprise of a person, which is, or is of a type, dealt in or traded on financial markets, or which is recognized in any area in which it is issued or dealt in as a medium for investment; or (3) Any property that is held by a securities intermediary for another person in a securities account if the securities intermediary has expressly agreed with the other person that the property is to be treated as a financial asset under this Article. As context requires, the term means the interest itself or the means by which a person's claim to it is evidenced, including a certificated or uncertificated security, a security certificate or a security entitlement. (k) “ Instruction ” means a notification communicated to the issuer of an uncertificated security which directs that the transfer of the security be registered or that the security be redeemed. (l) “ Registered form ,” as applied to a certificated security, means a form in which: (1) The security certificate specifies a person entitled to the security; and (2) A transfer of the security may be registered upon books maintained for that purpose by or on behalf of the issuer, or the security certificate so states. (m) “ Securities intermediary ” means: (1) A clearing corporation; or (2) A person, including a bank or broker, that in the ordinary course of its business maintains securities accounts for others and is acting in that capacity. (n) “ Security ,” except as otherwise provided in NRS 104.8103 , means an obligation of an issuer or a share, participation or other interest in an issuer or in property or an enterprise of an issuer: (1) Which is represented by a security certificate in bearer or registered form, or the transfer of which may be registered upon books maintained for that purpose by or on behalf of the issuer; (2) Which is one of a class or series or by its terms is divisible into a class or series of shares, participations, interests or obligations; and (3) Which: (I) Is, or is of a type, dealt in or traded on securities exchanges or securities markets; or (II) Is a medium for investment and by its terms expressly provides that it is a security governed by this Article. (o) “ Security certificate ” means a certificate representing a security. (p) “ Security entitlement ” means the rights and property interest of an entitlement holder with respect to a financial asset specified in part 5 of this Article. (q) “ Uncertificated security ” means a security that is not represented by a certificate.

2. The following definitions in this Article and other Articles apply to this Article: “Appropriate person.” NRS 104.8107 . “Control.” NRS 104.8106 . “Controllable account.” NRS 104.9102 . “Controllable electronic record.” NRS 104B.12102 . “Controllable payment intangible.” NRS 104.9102 . “Delivery.” NRS 104.8301 . “Investment company security.” NRS 104.8103 . “Issuer.” NRS 104.8201 . “Overissue.” NRS 104.8210 . “Protected purchaser.” NRS 104.8303 . “Securities account.” NRS 104.8501 .

3. In addition, Article 1 contains general definitions and principles of construction and interpretation applicable throughout this Article.

4. The characterization of a person, business or transaction for purposes of this Article does not determine the characterization of the person, business or transaction for purposes of any other law, regulation or rule.
Nev. Rev. Stat. § 104.9702 — NV Code / Title 8 / Chapter 104 / Section 104.9702
Applicability of amendatory provisions to preexisting transactions, liens, actions, cases and proceedings
Status: in_force

1. Except as otherwise provided in NRS 104.9702 to 104.9709 , inclusive, this article as amended applies to a transaction or lien within its scope, even if the transaction or lien was entered into or created before the amendments to this article take effect.

2. Except as otherwise provided in subsection 3 and NRS 104.9703 to 104.9709 , inclusive: (a) Transactions and liens that were not governed by this article before July 1, 2001, were validly entered into or created before that date, and would be subject to this article if they had been entered into or created after that date, and the rights, duties and interests flowing from those transactions and liens remain valid on and after that date; and (b) The transactions and liens may be terminated, completed, consummated or enforced as required or permitted by this article or by the law that otherwise would apply if this article had not taken effect.

3. This article as amended does not affect an action, case or proceeding commenced before July 1, 2001.
Nev. Rev. Stat. § 97A.170 — NV Code / Title 8 / Chapter 97A / Section 97A.170
Rights of issuer or service provider; action to determine liability for unauthorized negotiable instrument used to make payment
Status: in_force

1. An issuer or service provider shall be deemed to be a payee with respect to any payment made on a credit card account of a cardholder by a check or other negotiable instrument.

2. Upon the posting of a payment on a credit card account of a cardholder by the issuer or service provider, an issuer has changed its position in reliance thereon if the payment was made by check or other negotiable instrument.

3. A payment made on a credit card account of a cardholder by a check or other negotiable instrument is received by the issuer in good faith if the issuer did not have actual knowledge that the check or other negotiable instrument was forged, altered or unauthorized when it was posted to the account.

4. An action or proceeding brought to determine liability for an allegedly forged, altered or unauthorized check or other negotiable instrument used to make a payment on a credit card account of a cardholder must be determined pursuant to the provisions of chapters 104 to 104C, inclusive, of NRS.
Nev. Rev. Stat. § 104.9314 — NV Code / Title 8 / Chapter 104 / Section 104.9314
Perfection by control
Status: in_force

1. A security interest in controllable accounts, controllable electronic records, controllable payment intangibles, deposit accounts, electronic documents, investment property or letter-of-credit rights may be perfected by control of the collateral under NRS 104.7106 , 104.9104 , 104.9106 , 104.9107 or 104.910701 .

2. A security interest in controllable accounts, controllable electronic records, controllable payment intangibles, deposit accounts, electronic documents or letter-of-credit rights is perfected by control under NRS 104.7106 , 104.9104 , 104.9107 or 104.910701 not earlier than the time the secured party obtains control and remains perfected by control only while the secured party retains control.

3. A security interest in investment property is perfected by control under NRS 104.9106 not earlier than the time the secured party obtains control and remains perfected by control until: (a) The secured party does not have control; and (b) One of the following occurs: (1) If the collateral is a certificated security, the debtor has or acquires possession of the security certificate; (2) If the collateral is an uncertificated security, the issuer has registered or registers the debtor as the registered owner; or (3) If the collateral is a security entitlement, the debtor is or becomes the entitlement holder.
Nev. Rev. Stat. § 104A.4211 — NV Code / Title 8 / Chapter 104A / Section 104A.4211
Cancellation and amendment of payment order
Status: in_force

1. A communication of the sender of a payment order cancelling or amending the order may be transmitted to the receiving bank orally or in a record. If a security procedure is in effect between the sender and the receiving bank, the communication is not effective to cancel or amend the order unless the communication is verified pursuant to the security procedure or the bank agrees to the cancellation or amendment.

2. Except as otherwise provided in subsection 1, a communication by the sender cancelling or amending a payment order is effective to cancel or amend the order if notice of the communication is received at a time and in a manner affording the receiving bank a reasonable opportunity to act on the communication before the bank accepts the payment order.

3. After a payment order has been accepted, cancellation or amendment of the order is not effective unless the receiving bank agrees or a funds-transfer system rule allows cancellation or amendment without agreement of the bank. The following rules also apply: (a) With respect to a payment order accepted by a receiving bank other than the beneficiary's bank, cancellation or amendment is not effective unless a conforming cancellation or amendment of the payment order issued by the receiving bank is also made. (b) With respect to a payment order accepted by the beneficiary's bank, cancellation or amendment is not effective unless the order was issued in execution of an unauthorized payment order, or because of a mistake by a sender in the funds transfer which resulted in the issuance of a payment order that is a duplicate of a payment order previously issued by the sender, that orders payment to a beneficiary not entitled to receive payment from the originator, or that orders payment in an amount greater than the amount the beneficiary was entitled to receive from the originator. If the payment order is cancelled or amended, the beneficiary's bank is entitled to recover from the beneficiary any amount paid to the beneficiary to the extent allowed by the law governing mistake and restitution.

4. An unaccepted payment order is cancelled by operation of law at the close of the fifth funds-transfer business day of the receiving bank after the execution date or payment date of the order.

5. A cancelled payment order cannot be accepted. If an accepted payment order is cancelled, the acceptance is nullified and no person has any right or obligation based on the acceptance. Amendment of a payment order is deemed to be cancellation of the original order at the time of amendment and issue of a new payment order in the amended form at the same time.

6. Unless otherwise provided in an agreement of the parties or in a funds-transfer system rule, if the receiving bank, after accepting a payment order, agrees to cancellation or amendment of the order by the sender or is bound by a funds-transfer system rule allowing cancellation or amendment without the bank's agreement, the sender, whether or not cancellation or amendment is effective, is liable to the bank for any loss and expenses, including reasonable attorney's fees, incurred by the bank as a result of the cancellation or amendment or attempted cancellation or amendment.

7. A payment order is not revoked by the death or legal incapacity of the sender unless the receiving bank knows of the death or of an adjudication of incapacity by a court of competent jurisdiction and has reasonable opportunity to act before acceptance of the order.

8. A funds-transfer system rule is not effective to the extent it conflicts with paragraph (b) of subsection 3.
Nev. Rev. Stat. § 104.2102 — NV Code / Title 8 / Chapter 104 / Section 104.2102
Scope; certain security and other transactions excluded from this article
Status: in_force

1. Unless the context otherwise requires, and except as provided in subsection 3, this article applies to transactions in goods and, in the case of a hybrid transaction, it applies to the extent provided in subsection 2.

2. In a hybrid transaction: (a) If the sale-of-goods aspects do not predominate, only the provisions of this Article which relate primarily to the sale-of-goods aspects of the transactions apply, and the provisions that relate primarily to the transaction as a whole do not apply. (b) If the sale-of-goods aspects predominate, this Article applies to the transaction but does not preclude application in appropriate circumstances of other law to the aspects of the transaction which do not relate to the sale of goods.

3. This Article does not: (a) Apply to a transaction that, even though in the form of an unconditional contract to sell or present sale, operates only to create a security interest; or (b) Impair or repeal any statute regulating sales to consumers, farmers or other specified classes of buyers.
Nev. Rev. Stat. § 100.115 — NV Code / Title 8 / Chapter 100 / Section 100.115
Liability of lessor for failure to disclose
Status: in_force

1. Except as otherwise provided in this section, any lessor under a commercial vehicle lease who fails to comply with the requirements of NRS 100.105 with respect to any lessee is liable to the lessee for the sum of: (a) Any actual damage sustained by such person as a result of the failure; (b) Twenty-five percent of the total amount of monthly payments under the lease, but not less than $100 nor more than $1,000; and (c) In the case of any successful action to enforce the foregoing liability, the costs of the action, together with a reasonable attorney's fee as determined by the court.

2. A lessor has no liability under this section for any failure to comply with any requirement imposed under NRS 100.105 if within 15 days after discovering an error, and prior to the institution of an action under this section or the receipt of written notice of the error, the lessor notifies the lessee of the error and makes whatever adjustments in the appropriate account are necessary to insure that the lessee will not be required to pay a charge in excess of the amount actually disclosed or correctly determined.

3. A lessor may not be held in any action brought under this section for a violation of NRS 100.105 if the lessor shows by a preponderance of evidence that the violation was not intentional and resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid any such error.

4. No provision of this section imposing any liability applies to any act done or omitted in good faith in conformity with any rule, regulation or interpretation by the Board of Governors of the Federal Reserve System or in conformity with any interpretation or approval by an official or employee of the Federal Reserve System duly authorized by the Board to issue such interpretation or approvals under such procedures as the Board may prescribe therefor, even if after the act or omission has occurred, the rule, regulation, interpretation or approval is amended, rescinded or determined by judicial or other authority to be invalid for any reason.

5. The multiple failure to disclose to any lessee any information required to be disclosed in connection with a single commercial vehicle lease entitles the lessee to a single recovery under this section but continued failure to disclose after a recovery has been granted gives rise to rights to additional recoveries.

6. A lessee may not take any action to offset any amount for which a lessor is potentially liable against any amount owing to the lessor by the lessee unless the amount of the lessor's liability to the lessee has been determined by judgment of a court of competent jurisdiction.
Nev. Rev. Stat. § 104.7103 — NV Code / Title 8 / Chapter 104 / Section 104.7103
Relation of Article to treaty or statute
Status: in_force

1. This Article is subject to any treaty or statute of the United States or regulatory statute of this State to the extent the treaty, statute or regulatory statute is applicable.

2. This Article does not modify or repeal any law prescribing the form or content of a document of title or the services or facilities to be afforded by a bailee, or otherwise regulating a bailee's business in respects not specifically treated in this Article. However, violation of such a law does not affect the status of a document of title that otherwise is within the definition of a document of title.

3. This Article modifies, limits and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. §§ 7001 et seq., but does not modify, limit or supersede Section 101(c) of that act, 15 U.S.C. § 7001(c) , or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. § 7003(b) .

4. To the extent there is a conflict between the Uniform Electronic Transactions Act and this Article, this Article governs.
Nev. Rev. Stat. § 104A.4101 — NV Code / Title 8 / Chapter 104A / Section 104A.4101
Short title
Status: in_force

This article may be cited as Uniform Commercial Code--Funds Transfers.
Nev. Rev. Stat. § 104A.4103 — NV Code / Title 8 / Chapter 104A / Section 104A.4103
Payment order: Definitions
Status: in_force

1. In this article: (a) “ Payment order ” means an instruction of a sender to a receiving bank, transmitted orally or in a record, to pay, or to cause another bank to pay, a fixed or determinable amount of money to a beneficiary if: (1) The instruction does not state a condition to payment to the beneficiary other than time of payment; (2) The receiving bank is to be reimbursed by debiting an account of, or otherwise receiving payment from, the sender; and (3) The instruction is transmitted by the sender directly to the receiving bank or to an agent, funds-transfer system, or communication system for transmittal to the receiving bank. (b) “ Beneficiary ” means the person to be paid by the beneficiary's bank. (c) “ Beneficiary's bank ” means the bank identified in a payment order in which an account of the beneficiary is to be credited pursuant to the order or which otherwise is to make payment to the beneficiary if the order does not provide for payment to an account. (d) “ Receiving bank ” means the bank to which the sender's instruction is addressed. (e) “ Sender ” means the person giving the instruction to the receiving bank.

2. If an instruction complying with paragraph (a) of subsection 1 is to make more than one payment to a beneficiary, the instruction is a separate payment order with respect to each payment.

3. A payment order is issued when it is sent to the receiving bank.
Nev. Rev. Stat. § 104A.4204 — NV Code / Title 8 / Chapter 104A / Section 104A.4204
Refund of payment and duty of customer to report with respect to unauthorized payment order
Status: in_force

1. If a receiving bank accepts a payment order issued in the name of its customer as sender which is not authorized and not effective as the order of the customer under NRS 104A.4202 , or not enforceable, in whole or in part, against the customer under NRS 104A.4203 , the bank shall refund any payment of the payment order received from the customer to the extent the bank is not entitled to enforce payment and shall pay interest on the refundable amount calculated from the date the bank received payment to the date of the refund. However, the customer is not entitled to interest from the bank on the amount to be refunded if the customer fails to exercise ordinary care to determine that the order was not authorized by the customer and to notify the bank of the relevant facts within a reasonable time not exceeding 90 days after the date he or she received notification from the bank that the order was accepted or that his or her account was debited with respect to the order. The bank is not entitled to any recovery from the customer on account of a failure by the customer to give notification as stated in this section.

2. Reasonable time under subsection 1 may be fixed by agreement as stated in subsection 2 of NRS 104.1302 , but the obligation of a receiving bank to refund payment as stated in subsection 1 may not otherwise be varied by agreement.
Nev. Rev. Stat. § 104.9316 — NV Code / Title 8 / Chapter 104 / Section 104.9316
Continued perfection of security interest following change in governing law
Status: in_force

1. A security interest perfected pursuant to the law of the jurisdiction designated in subsection 1 of NRS 104.9301, subsection 3 of NRS 104.9305, subsection 4 of NRS 104.930601 or subsection 2 of NRS 104.930602 remains perfected until the earliest of: (a) The time perfection would have ceased under the law of that jurisdiction; (b) The expiration of 4 months after a change of the debtor's location to another jurisdiction; or (c) The expiration of 1 year after a transfer of collateral to a person that thereby becomes a debtor and is located in another jurisdiction.

2. If a security interest described in subsection 1 becomes perfected under the law of the other jurisdiction before the earliest time or event described in that subsection, it remains perfected thereafter. If the security interest does not become perfected under the law of the other jurisdiction before the earliest time or event, it becomes unperfected and is deemed never to have been perfected as against a purchaser of the collateral for value.

3. A possessory security interest in collateral, other than goods covered by a certificate of title and as-extracted collateral consisting of goods, remains continuously perfected if: (a) The collateral is located in one jurisdiction and subject to a security interest perfected under the law of that jurisdiction; (b) Thereafter the collateral is brought into another jurisdiction; and (c) Upon entry into the other jurisdiction, the security interest is perfected under the law of the other jurisdiction.

4. Except as otherwise provided in subsection 5, a security interest in goods covered by a certificate of title which is perfected by any method under the law of another jurisdiction when the goods become covered by a certificate of title from this State remains perfected until the security interest would have become unperfected under the law of the other jurisdiction had the goods not become so covered.

5. A security interest described in subsection 4 becomes unperfected as against a purchaser of the goods for value and is deemed never to have been perfected as against a purchaser of the goods for value if the applicable requirements for perfection under subsection 2 of NRS 104.9311 or under NRS 104.9313 are not satisfied before the earlier of: (a) The time the security interest would have become unperfected under the law of the other jurisdiction had the goods not become covered by a certificate of title from this State; or (b) The expiration of 4 months after the goods had become so covered.

6. A security interest in chattel paper, controllable accounts, controllable electronic records, controllable payment intangibles, deposit accounts, letter-of-credit rights or investment property which is perfected under the law of the chattel paper's jurisdiction, the controllable electronic record's jurisdiction, the bank's jurisdiction, the issuer's jurisdiction, a nominated person's jurisdiction, the securities intermediary's jurisdiction or the commodity intermediary's jurisdiction, as applicable, remains perfected until the earlier of: (a) The time the security interest would have become unperfected under the law of that jurisdiction; or (b) The expiration of 4 months after a change of the applicable jurisdiction to another jurisdiction.

7. If a security interest described in subsection 6 becomes perfected under the law of the other jurisdiction before the earlier of the time or the end of the period described in that subsection, it remains perfected thereafter. If the security interest does not become perfected under the law of the other jurisdiction before the earlier of that time or the end of that period, it becomes unperfected and is deemed never to have been perfected as against a purchaser of the collateral for value.

8. The following rules apply to collateral to which a security interest attaches within 4 months after the debtor changes its location to another jurisdiction: (a) A financing statement filed before the change pursuant to the law of the jurisdiction designated in subsection 1 of NRS 104.9301 or subsection 3 of NRS 104.9305 is effective to perfect a security interest in the collateral if the financing statement would have been effective to perfect a security interest in the collateral if the debtor had not changed its location. (b) If a security interest perfected by a financing statement that is effective under paragraph (a) becomes perfected under the law of the other jurisdiction before the earlier of the time the financing statement would have become ineffective under the law of the jurisdiction designated in subsection 1 of NRS 104.9301 or subsection 3 of NRS 104.9305 or the expiration of the 4-month period, it remains perfected thereafter. If the security interest does not become perfected under the law of the other jurisdiction before the earlier time or event, it becomes unperfected and is deemed never to have been perfected as against a purchaser of the collateral for value.

9. If a financing statement naming an original debtor is filed pursuant to the law of the jurisdiction designated in subsection 1 of NRS 104.9301 or subsection 3 of NRS 104.9305 and the new debtor is located in another jurisdiction, the following rules apply: (a) The financing statement is effective to perfect a security interest in collateral acquired by the new debtor before, and within 4 months after, the new debtor becomes bound under subsection 4 of NRS 104.9203 , if the financing statement would have been effective to perfect a security interest in the collateral had the collateral been acquired by the original debtor. (b) A security interest perfected by the financing statement which becomes perfected under the law of the other jurisdiction before the earlier of the time the financing statement would have become ineffective under the law of the jurisdiction designated in subsection 1 of NRS 104.9301 or subsection 3 of NRS 104.9305 or the expiration of the 4-month period remains perfected thereafter. A security interest that is perfected by the financing statement but which does not become perfected under the law of the other jurisdiction before the earlier time or event becomes unperfected and is deemed never to have been perfected as against a purchaser of the collateral for value.
Nev. Rev. Stat. § 97.095 — NV Code / Title 8 / Chapter 97 / Section 97.095
“Retail charge agreement” defined
Status: in_force

“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, in installments, to a retail seller, the unpaid balance due in a retail installment transaction, whether or not a security interest in the goods sold is retained by the seller, and under the terms of which a finance charge is to be computed in relation to the buyer's unpaid balance from time to time.
Nev. Rev. Stat. § 104.3305 — NV Code / Title 8 / Chapter 104 / Section 104.3305
Defenses and claims in recoupment
Status: in_force

1. Except as otherwise provided in this section, the right to enforce the obligation of a party to pay an instrument is subject to the following: (a) A defense of the obligor based on: (1) Infancy of the obligor to the extent it is a defense to a simple contract; (2) Duress, lack of legal capacity or illegality of the transaction which, under other law, nullifies the obligation of the obligor; (3) Fraud that induced the obligor to sign the instrument with neither knowledge nor reasonable opportunity to learn of its character or its essential terms; or (4) Discharge of the obligor in insolvency proceedings; (b) A defense of the obligor stated in another section of this Article or a defense of the obligor that would be available if the person entitled to enforce the instrument were enforcing a right to payment under a simple contract; and (c) A claim in recoupment of the obligor against the original payee of the instrument if the claim arose from the transaction that gave rise to the instrument; but the claim of the obligor may be asserted against a transferee of the instrument only to reduce the amount owing on the instrument at the time the action is brought.

2. The right of a holder in due course to enforce the obligation of a party to pay the instrument is subject to defenses of the obligor stated in paragraph (a) of subsection 1, but is not subject to defenses of the obligor stated in paragraph (b) of subsection 1 or claims in recoupment stated in paragraph (c) of subsection 1 against a person other than the holder.

3. Except as otherwise provided in subsection 4, in an action to enforce the obligation of a party to pay the instrument, the obligor may not assert against the person entitled to enforce the instrument a defense, claim in recoupment or claim to the instrument ( NRS 104.3306 ) of another person, but the other person's claim to the instrument may be asserted by the obligor if the other person is joined in the action and personally asserts the claim against the person entitled to enforce the instrument. An obligor is not obliged to pay the instrument if the person seeking enforcement of the instrument does not have rights of a holder in due course and the obligor proves that the instrument is a lost or stolen instrument.

4. In an action to enforce the obligation of an accommodation party to pay an instrument, the accommodation party may assert against the person entitled to enforce the instrument any defense or claim in recoupment under subsection 1 that the accommodated party could assert against the person entitled to enforce the instrument, except the defenses of discharge in insolvency proceedings, infancy and lack of legal capacity.
Nev. Rev. Stat. § 104.1309 — NV Code / Title 8 / Chapter 104 / Section 104.1309
Option to accelerate at will
Status: in_force

A term providing that one party or that party's successor in interest may accelerate payment or performance or require collateral or additional collateral “at will” or when the party “deems itself insecure,” or words of similar import, means that the party has power to do so only if that party in good faith believes that the prospect of payment or performance is impaired. The burden of establishing lack of good faith is on the party against which the power has been exercised.
Nev. Rev. Stat. § 104.9705 — NV Code / Title 8 / Chapter 104 / Section 104.9705
Effectiveness of action taken before July 1, 2001
Status: in_force

1. If action, other than the filing of a financing statement, is taken before July 1, 2001, and the action would have resulted in priority of a security interest over the rights of a person that becomes a lien creditor had the security interest become enforceable before that date, the action is effective to perfect a security interest that attaches under this article as amended within 1 year after that date. An attached security interest becomes unperfected 1 year after July 1, 2001, unless the security interest becomes a perfected security interest under this article as amended before the expiration of that period.

2. The filing of a financing statement before July 1, 2001, is effective to perfect a security interest to the extent the filing would satisfy the applicable requirements for perfection under this article as amended.

3. This article as amended does not render ineffective an effective financing statement that was filed before July 1, 2001, and satisfied the applicable requirements for perfection under the law of the jurisdiction governing perfection as provided in NRS 104.9103 as that section read at the time of filing. However, except as otherwise provided in subsections 4 and 5 and NRS 104.9706 , the financing statement ceases to be effective at the earlier of: (a) The time the financing statement would have ceased to be effective under the law of the jurisdiction in which it is filed; or (b) June 30, 2006.

4. The filing of a continuation statement on or after July 1, 2001, does not continue the effectiveness of the financing statement filed before that date. However, upon the timely filing of a continuation statement after that date and in accordance with the law of the jurisdiction governing perfection as provided in part 3, the effectiveness of a financing statement filed in the same office in that jurisdiction before that date continues for the period provided by the law of that jurisdiction.

5. Paragraph (b) of subsection 3 applies to a financing statement that was filed against a transmitting utility before July 1, 2001, and satisfied the applicable requirements for perfection under the law of the jurisdiction governing perfection as provided in NRS 104.9103 as that section read at the time of filing only to the extent that part 3 provides that the law of a jurisdiction other than the jurisdiction in which the financing statement is filed governs perfection of a security interest in collateral covered by the financing statement.

6. A financing statement that includes a financing statement filed before July 1, 2001, and a continuation statement filed after that date are effective only to the extent that the financing statement satisfies the requirements of part 5 for an initial financing statement.
Nev. Rev. Stat. § 104.8503 — NV Code / Title 8 / Chapter 104 / Section 104.8503
Property interest of entitlement holder in financial asset held by securities intermediary
Status: in_force

1. To the extent necessary for a securities intermediary to satisfy all security entitlements with respect to a particular financial asset, all interests in that financial asset held by the securities intermediary are held by the securities intermediary for the entitlement holders, are not the property of the securities intermediary and are not subject to claims of creditors of the securities intermediary, except as otherwise provided in NRS 104.8511 .

2. An entitlement holder's property interest with respect to a particular financial asset under subsection 1 is a pro rata property interest in all interests in that financial asset held by the securities intermediary, without regard to the time the entitlement holder acquired the security entitlement or the time the securities intermediary acquired the interest in that financial asset.

3. An entitlement holder's property interest with respect to a particular financial asset under subsection 1 may be enforced against the securities intermediary only by exercise of the entitlement holder's rights under NRS 104.8505 to 104.8508 , inclusive.

4. An entitlement holder's property interest with respect to a particular financial asset under subsection 1 may be enforced against a purchaser of the financial asset or interest therein only if: (a) Insolvency proceedings have been initiated by or against the securities intermediary; (b) The securities intermediary does not have sufficient interests in the financial asset to satisfy the security entitlements of all of its entitlement holders to that financial asset; (c) The securities intermediary violated its obligations under NRS 104.8504 by transferring the financial asset or interest therein to the purchaser; and (d) The purchaser is not protected under subsection 5. The trustee or other liquidator, acting on behalf of all entitlement holders having security entitlements with respect to a particular financial asset, may recover the financial asset, or interest therein, from the purchaser. If the trustee or other liquidator elects not to pursue that right, an entitlement holder whose security entitlement remains unsatisfied has the right to recover its interest in the financial asset from the purchaser.

5. An action based on the entitlement holder's property interest with respect to a particular financial asset under subsection 1, whether framed in conversion, replevin, constructive trust, equitable lien or other theory, may not be asserted against any purchaser of a financial asset or interest therein who gives value, obtains control and does not act in collusion with the securities intermediary in violating the securities intermediary's obligations under NRS 104.8504 .
Nev. Rev. Stat. § 104.2325 — NV Code / Title 8 / Chapter 104 / Section 104.2325
“Letter of credit” term; “confirmed credit”
Status: in_force

1. Failure of the buyer seasonably to furnish an agreed letter of credit is a breach of the contract for sale.

2. The delivery to seller of a proper letter of credit suspends the buyer's obligation to pay. If the letter of credit is dishonored, the seller may on seasonable notification to the buyer require payment directly from the buyer.

3. Unless otherwise agreed the term “letter of credit” or “banker's credit” in a contract for sale means an irrevocable credit issued by a financing agency of good repute and, where the shipment is overseas, of good international repute. The term “confirmed credit” means that the credit must also carry the direct obligation of such an agency which does business in the seller's financial market.
Nev. Rev. Stat. § 104.9614 — NV Code / Title 8 / Chapter 104 / Section 104.9614
Contents and form of notification before disposition of collateral: Consumer-goods transaction
Status: in_force

1. In a consumer-goods transaction, the following rules apply: (a) A notification of disposition must provide the following information: (1) The information specified in paragraph (a) of subsection 1 of NRS 104.9613 ; (2) A description of any liability for a deficiency of the person to which the notification is sent; (3) A telephone number from which the amount that must be paid to the secured party to redeem the collateral under NRS 104.9623 is available; and (4) A telephone number or mailing address from which additional information concerning the disposition and the obligation secured is available. (b) A particular phrasing of the notification is not required. (c) The following form of notification, when completed in accordance with the instructions in subsection 2, provides sufficient information: [ Name and address of secured party ] [ Date ] NOTICE OF OUR PLAN TO SELL PROPERTY [ Name and address of any obligor who is also a debtor ] Subject: [ Identify Transaction ] We have your [ describe collateral ], because you broke promises in our agreement. {1} We will sell [ describe collateral ] at public sale. A sale could include a lease or license. The sale will be held as follows: Date: ________________________ Time: ________________________ Place: ________________________ You may attend the sale and bring bidders if you want. {2} We will sell [ describe collateral ] at private sale sometime after [ date ]. A sale could include a lease or license. {3} The money that we get from the sale, after paying our costs, will reduce the amount you owe. If we get less money than you owe, you [ will or will not, as applicable ] still owe us the difference. If we get more money than you owe, you will get the extra money, unless we must pay it to someone else. {4} You can get the property back at any time before we sell it by paying us the full amount you owe, not just the past due payments, including our expenses. To learn the exact amount you must pay, call us at [telephone number]. {5} If you want us to explain to you in [writing] [writing or in [ description of electronic record ]] [ description of electronic record ] how we have figured the amount that you owe us, {6} call us at [ telephone number ] [or write us at [ secured party's address ]] [or contact us by [ description of electronic communication method ]] {7} and request [a written explanation] [a written explanation or an explanation in [ description of electronic record ]] [an explanation in [ description of electronic document ]]. {8} We will charge you $ [amount] for the explanation if we sent you another written explanation of the amount you owe us within the last 6 months. {9} If you need more information about the sale [call us at [ telephone number ]] [or write us at [ secured party's address ]] [or contact us by [ description of electronic communication method ]]. {10} We are sending this notice to the following other people who have an interest in [ describe collateral ] or who owe money under your agreement: [ Names of all other debtors and obligors, if any ] (d) A notification in the form of paragraph (c) is sufficient, even if additional information appears at the end of the form. (e) A notification in the form of paragraph (c) is sufficient, even if it includes errors in information not required by paragraph (c) unless the error is misleading with respect to rights arising under this article. (f) If a notification under this section is not in the form of paragraph (c), law other than this article determines the effect of including information not required by paragraph (a).

2. The following instructions apply to the form of notification in paragraph (c) of subsection 1: (a) The instructions in this subsection refer to the numbers in braces before items in the form of notification in paragraph (c) of subsection 1. Do not include the numbers or braces in the notification. The numbers and braces are used only for the purpose of these instructions. (b) Include and complete either item {1}, if the notification relates to a public disposition of the collateral, or item {2}, if the notification relates to a private disposition of the collateral. (c) Include and complete items {3}, {4}, {5}, {6} and {7}. (d) In item {5}, include and complete any one of the three alternative methods for the explanation--writing, writing or electronic record, or electronic record. (e) In item {6}, include the telephone number. In addition, the sender may include and complete either or both of the two additional alternative methods of communication--writing or electronic communication--for the recipient of the notification to communicate with the sender. Neither of the two additional methods of communication is required to be included. (f) In item {7}, include and complete the method or methods for the explanation--writing, writing or electronic record, or electronic record--included in item {5}. (g) Include and complete item {8} only if a written explanation is included in item {5} as a method for communicating the explanation and the sender will charge the recipient for another written explanation. (h) In item {9}, include either the telephone number or the address or both the telephone number and the address. In addition, the sender may include and complete the additional method of communication--electronic communication--for the recipient of the notification to communicate with the sender. The additional method of electronic communication is not required to be included. (i) If item {10} does not apply, insert “None” after “agreement.”
Nev. Rev. Stat. § 104.7206 — NV Code / Title 8 / Chapter 104 / Section 104.7206
Termination of storage at warehouse's option
Status: in_force

1. A warehouse, by giving notice to the person on whose account the goods are held and any other person known to claim an interest in the goods, may require payment of any charges and removal of the goods from the warehouse at the termination of the period of storage fixed by the document of title or, if a period is not fixed, within a stated period not less than 30 days after the warehouse gives notice. If the goods are not removed before the date specified in the notice, the warehouse may sell them pursuant to NRS 104.7210 .

2. If a warehouse in good faith believes that goods are about to deteriorate or decline in value to less than the amount of its lien within the time provided in subsection 1 and NRS 104.7210 , the warehouse may specify in the notice given under subsection 1 any reasonable shorter time for removal of the goods and, if the goods are not removed, may sell them at public sale held not less than 1 week after a single advertisement or posting.

3. If, as a result of a quality or condition of the goods of which the warehouse did not have notice at the time of deposit, the goods are a hazard to other property, the warehouse facilities, or other persons, the warehouse may sell the goods at public or private sale without advertisement or posting on reasonable notification to all persons known to claim an interest in the goods. If the warehouse, after a reasonable effort, is unable to sell the goods, it may dispose of them in any lawful manner and does not incur liability by reason of that disposition.

4. A warehouse shall deliver the goods to any person entitled to them under this Article upon due demand made at any time before sale or other disposition under this section.

5. A warehouse may satisfy its lien from the proceeds of any sale or disposition under this section but shall hold the balance for delivery on the demand of any person to whom the warehouse would have been bound to deliver the goods.
Nev. Rev. Stat. § 104C.305 — NV Code / Title 8 / Chapter 104C / Section 104C.305
Priority
Status: in_force

1. Subject to subsections 2 and 3, chapter 505, Statutes of Nevada 2023, determines the priority of conflicting claims to collateral.

2. Subject to subsection 3, if the priorities of claims to collateral were established before October 1, 2023, Article 9, as in effect before October 1, 2023, determines priority.

3. On July 1, 2025, to the extent the priorities determined by Article 9, as amended by chapter 505, Statutes of Nevada 2023, modify the priorities established before October 1, 2023, the priorities of claims to Article 12 property established before October 1, 2023, cease to apply.
Nev. Rev. Stat. § 104.4215 — NV Code / Title 8 / Chapter 104 / Section 104.4215
Final payment of item by payor bank; when provisional debits and credits become final; when certain credits become available for withdrawal
Status: in_force

1. Except as otherwise provided in NRS 104.3418 , an item is finally paid by a payor bank when the bank has first done any of the following: (a) Paid the item in cash; (b) Settled for the item without having a right to revoke settlement under statute, clearinghouse rule, or agreement; or (c) Made a provisional settlement for the item and failed to revoke the settlement in the time and manner permitted by statute, clearinghouse rule, or agreement.

2. If provisional settlement for an item does not become final, the item is not finally paid.

3. If provisional settlement for an item between the presenting and payor banks is made through a clearing house or by debits or credits in an account between them, then to the extent that provisional debits or credits for the item are entered in accounts between the presenting and payor banks or between the presenting and successive prior collecting banks seriatim, they become final upon final payment of the item by the payor bank.

4. If a collecting bank receives a settlement for an item which is or becomes final, the bank is accountable to its customer for the amount of the item and any provisional credit given for the item in an account with its customer becomes final.

5. Subject to applicable law stating a time for availability of funds and any right of the bank to apply the credit to an obligation of the customer, credit given by a bank for an item in an account with its customer becomes available for withdrawal as of right: (a) If the bank has received a provisional settlement for the item, when the settlement becomes final and the bank has had a reasonable time to receive return of the item and the item has not been received within that time; (b) If the bank is both a depositary bank and a payor bank and the item is finally paid, at the opening of the bank's second banking day following receipt of the item.

6. Subject to applicable law stating a time for availability of funds and any right of the bank to apply the deposit to an obligation of the customer, the deposit becomes available for withdrawal as of right at the opening of the bank's next banking day after receipt of the deposit.
Nev. Rev. Stat. § 104A.2505 — NV Code / Title 8 / Chapter 104A / Section 104A.2505
Cancellation and termination, and effect of cancellation, termination, rescission or fraud on rights and remedies
Status: in_force

1. On cancellation of the lease contract, all obligations that are still executory on both sides are discharged, but any right based on prior default or performance survives, and the cancelling party also retains any remedy for default of the whole lease contract or any unperformed balance.

2. On termination of the lease contract, all obligations that are still executory on both sides are discharged but any right based on prior default or performance survives.

3. Unless the contrary intention clearly appears, expressions of “cancellation,” “rescission” or the like of the lease contract may not be construed as a renunciation or discharge of any claim in damages for an antecedent default.

4. Rights and remedies for material misrepresentation or fraud include all rights and remedies available under this article for default.

5. Neither rescission nor a claim for rescission of the lease contract nor rejection or return of the goods may bar or be deemed inconsistent with a claim for damages or other right or remedy.
Nev. Rev. Stat. § 104.9527 — NV Code / Title 8 / Chapter 104 / Section 104.9527
Duty of Secretary of State to report
Status: in_force

The Secretary of State shall report biennially on or before the first Monday of February in each odd-numbered year to the Governor and Legislature on the operation of the filing office. The report must contain a statement of the extent to which:

1. The filing-office rules are not in harmony with the rules of filing offices in other jurisdictions that enact substantially this part and the reasons for these variations; and

2. The filing-office rules are not in harmony with the most recent version of the Model Rules promulgated by the International Association of Commercial Administrators, or any successor organization, and the reasons for these variations.
Nev. Rev. Stat. § 104.2322 — NV Code / Title 8 / Chapter 104 / Section 104.2322
Delivery “ex-ship”
Status: in_force

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 ship and requires delivery from a ship which has reached a place at the named port of destination where goods of the kind are usually discharged.

2. Under such a term unless otherwise agreed: (a) The seller must discharge all liens arising out of the carriage and furnish the buyer with a direction which puts the carrier under a duty to deliver the goods; and (b) The risk of loss does not pass to the buyer until the goods leave the ship's tackle or are otherwise properly unloaded.
Nev. Rev. Stat. § 104.5108 — NV Code / Title 8 / Chapter 104 / Section 104.5108
Issuer's rights and obligations
Status: in_force

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 5, appears on its face strictly to comply with the terms and conditions of the letter of credit. Except as otherwise provided in NRS 104.5113 and unless otherwise agreed with the applicant, an issuer shall dishonor a presentation that does not appear so to comply.

2. An issuer has a reasonable time after presentation, but not beyond the end of the 7th business day of the issuer after the day of its receipt of documents: (a) To honor a letter of credit; (b) If the letter of credit provides for honor to be completed more than 7 business days after presentation, to accept a draft or incur a deferred obligation; or (c) To give notice to the presenter of discrepancies in the presentation.

3. Except as otherwise provided in subsection 4, an issuer is precluded from asserting as a basis for dishonor any discrepancy if notice is not given in a timely manner or any discrepancy not stated in the notice if notice is given in a timely manner.

4. Failure to give the notice specified in subsection 2 or to mention fraud, forgery or expiration in the notice does not preclude the issuer from asserting as a basis for dishonor, fraud or forgery as described in subsection 1 of NRS 104.5109 or expiration of the letter of credit before presentation.

5. An issuer shall observe standard practice of financial institutions that regularly issue letters of credit. Any determination of the issuer's observance of the standard practice is a matter of interpretation for the court. The court shall offer the parties a reasonable opportunity to present evidence of the standard practice.

6. An issuer is not responsible for: (a) The performance or nonperformance of the underlying contract, arrangement or transaction; (b) An act or omission of others; or (c) Observance or knowledge of the usage of a particular trade other than the standard practice referred to in subsection 5.

7. If an undertaking constituting a letter of credit under paragraph (j) of subsection 1 of NRS 104.5102 contains nondocumentary conditions, an issuer shall disregard the nondocumentary conditions and treat them as if they were not stated.

8. An issuer that has dishonored a presentation shall return the documents or hold them at the disposal of, and send advice to the effect to, the presenter.

9. An issuer that has honored a presentation as permitted or required by this article: (a) Is entitled to be reimbursed by the applicant in immediately available funds not later than the date of its payment of funds; (b) Takes the documents free of claims of the beneficiary or presenter; (c) Is precluded from asserting a right of recourse on a draft under NRS 104.3414 and 104.3415 ; (d) Except as otherwise provided in NRS 104.5110 and 104.5117 , is precluded from restitution of money paid or other value given by mistake to the extent the mistake concerns discrepancies in the documents or tender which are apparent on the face of the presentation; and (e) Is discharged to the extent of its performance under the letter of credit unless the issuer honored a presentation in which a required signature of a beneficiary was forged.
Nev. Rev. Stat. § 104.2210 — NV Code / Title 8 / Chapter 104 / Section 104.2210
Delegation of performance; assignment of rights
Status: in_force

1. A party may perform his or her duty through a delegate unless otherwise agreed or unless the other party has a substantial interest in having his or her original promisor perform or control the acts required by the contract. No delegation of performance relieves the party delegating of any duty to perform or any liability for breach.

2. Except as otherwise provided in NRS 104.9406 , unless otherwise agreed, all rights of either seller or buyer can be assigned except where the assignment would materially change the duty of the other party, or increase materially the burden or risk imposed on the seller or buyer by his or her contract, or impair materially his or her chance of obtaining return performance. A right to damages for breach of the whole contract or a right arising out of the assignor's due performance of his or her entire obligation can be assigned despite agreement otherwise.

3. Unless the circumstances indicate the contrary a prohibition of assignment of “the contract” is to be construed as barring only the delegation to the assignee of the assignor's performance.

4. An assignment of “the contract” or of “all my rights under the contract” or an assignment in similar general terms is an assignment of rights and unless the language or the circumstances (as in an assignment for security) indicate the contrary, it is a delegation of performance of the duties of the assignor and its acceptance by the assignee constitutes a promise by the assignee to perform those duties. This promise is enforceable by either the assignor or the other party to the original contract.

5. The other party may treat any assignment which delegates performance as creating reasonable grounds for insecurity and may without prejudice to his or her rights against the assignor demand assurances from the assignee ( NRS 104.2609 ).
Nev. Rev. Stat. § 104.3203 — NV Code / Title 8 / Chapter 104 / Section 104.3203
Transfer of instrument; rights acquired by transfer
Status: in_force

1. An instrument is transferred when it is delivered by a person other than its issuer for the purpose of giving to the person receiving delivery the right to enforce the instrument.

2. Transfer of an instrument, whether or not the transfer is a negotiation, vests in the transferee any right of the transferor to enforce the instrument, including any right as a holder in due course, but the transferee cannot acquire rights of a holder in due course by a transfer, directly or indirectly, from a holder in due course if the transferee engaged in fraud or illegality affecting the instrument.

3. Unless otherwise agreed, if an instrument is transferred for value and the transferee does not become a holder because of lack of endorsement by the transferor, the transferee has a specifically enforceable right to the unqualified endorsement of the transferor, but negotiation of the instrument does not occur until the endorsement is made.

4. If a transferor purports to transfer less than the entire instrument, negotiation of the instrument does not occur. The transferee obtains no rights under this article and has only the rights of a partial assignee.
Nev. Rev. Stat. § 97A.080 — NV Code / Title 8 / Chapter 97A / Section 97A.080
“Financial institution” defined
Status: in_force

“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 credit cards pursuant to federal or state law;

3. A banking subsidiary owned by a bank holding company pursuant to 12 U.S.C. § 1841 , or by a savings and loan holding company pursuant to 12 U.S.C. § 1467a(a)(1)(D) ; and

4. Any other federally regulated banking institution.
Nev. Rev. Stat. § 102.020 — NV Code / Title 8 / Chapter 102 / Section 102.020
Interparty transactions validated
Status: in_force

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 persons acting either by himself, herself or themselves or with other persons; and a contract may be made between such parties.
Nev. Rev. Stat. § 104.1206 — NV Code / Title 8 / Chapter 104 / Section 104.1206
Presumptions
Status: in_force

Whenever the Uniform Commercial Code creates a “presumption” with respect to a fact, or provides that a fact is “presumed,” the trier of fact must find the existence of the fact unless and until evidence is introduced that supports a finding of its nonexistence.
Nev. Rev. Stat. § 104A.2403 — NV Code / Title 8 / Chapter 104A / Section 104A.2403
Retraction of anticipatory repudiation
Status: in_force

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 the lease contract or materially changed the aggrieved party's position or otherwise indicated that the aggrieved party considers the repudiation final.

2. Retraction may be by any method that clearly indicates to the aggrieved party that the repudiating party intends to perform under the lease contract and includes any assurance demanded under NRS 104A.2401 .

3. Retraction reinstates a repudiating party's rights under a lease contract with due excuse and allowance to the aggrieved party for any delay occasioned by the repudiation.
Nev. Rev. Stat. § 104A.2517 — NV Code / Title 8 / Chapter 104A / Section 104A.2517
Revocation of acceptance of goods
Status: in_force

1. A lessee may revoke acceptance of a lot or commercial unit whose nonconformity substantially impairs its value to the lessee if the lessee has accepted it: (a) Except in the case of a finance lease, on the reasonable assumption that its nonconformity would be cured and it has not been seasonably cured; or (b) Without discovery of the nonconformity if the lessee's acceptance was reasonably induced either by the lessor's assurances or, except in the case of a finance lease, by the difficulty of discovery before acceptance.

2. Except in the case of a finance lease that is not a consumer lease, a lessee may revoke acceptance of a lot or commercial unit if the lessor defaults under the lease contract and the default substantially impairs the value of that lot or commercial unit to the lessee.

3. If the lease agreement so provides, the lessee may revoke acceptance of a lot or commercial unit because of other defaults by the lessor.

4. Revocation of acceptance must occur within a reasonable time after the lessee discovers or should have discovered the ground for it and before any substantial change in condition of the goods which is not caused by the nonconformity. Revocation is not effective until the lessee notifies the lessor.

5. A lessee who so revokes has the same rights and duties with regard to the goods involved as if the lessee had rejected them.
Nev. Rev. Stat. § 104.9604 — NV Code / Title 8 / Chapter 104 / Section 104.9604
Procedure if security agreement covers real property or fixtures
Status: in_force

1. If a security agreement covers both personal and real property, a secured party may proceed: (a) Under this part as to the personal property without prejudicing any rights with respect to the real property; or (b) As to both the personal property and the real property in accordance with the rights with respect to the real property, in which case the other provisions of this part do not apply.

2. Subject to subsection 3, if a security agreement covers goods that are or become fixtures, a secured party may proceed: (a) Under this part; or (b) In accordance with the rights with respect to real property, in which case the other provisions of this part do not apply.

3. Subject to the other provisions of this part, if a secured party holding a security interest in fixtures has priority over all owners and encumbrancers of the real property, the secured party, after default, may remove the collateral from the real property.

4. A secured party that removes collateral shall promptly reimburse any encumbrancer or owner of the real property, other than the debtor, for the cost of repair of any physical injury caused by the removal. The secured party need not reimburse the encumbrancer or owner for any diminution in value of the real property caused by the absence of the goods removed or by any necessity of replacing them. A person entitled to reimbursement may refuse permission to remove until the secured party gives adequate assurance for the performance of the obligation to reimburse.
Nev. Rev. Stat. § 104A.200 — NV Code / Title 8 / Chapter 104A / Section 104A.200
Law applicable to transactions entered into before January 1, 1990
Status: in_force

Transactions validly entered into before January 1, 1990, and the rights, duties and interests flowing therefrom remain valid thereafter and may be terminated, completed, consummated or enforced as required or permitted by rules of law in effect before that date.
Nev. Rev. Stat. § 97.031 — NV Code / Title 8 / Chapter 97 / Section 97.031
“Finance charge” defined
Status: in_force

“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 or indirectly by the seller as an incident to or a condition of the extension of credit. The term does not include any charge of a type payable in a comparable cash transaction.
Nev. Rev. Stat. § 104.9319 — NV Code / Title 8 / Chapter 104 / Section 104.9319
Rights and title of consignee with respect to creditors and purchasers
Status: in_force

1. Except as otherwise provided in subsection 2, for purposes of determining the rights of creditors of, and purchasers for value of goods from, a consignee, while the goods are in the possession of the consignee, the consignee is deemed to have rights and title to the goods identical to those the consignor had or had power to transfer.

2. For purposes of determining the rights of a creditor of a consignee, law other than this article determines the rights and title of a consignee while goods are in the consignee's possession if, under this part, a perfected security interest held by the consignor would have priority over the rights of the creditor.
Nev. Rev. Stat. § 104A.4303 — NV Code / Title 8 / Chapter 104A / Section 104A.4303
Erroneous execution of payment order
Status: in_force

1. A receiving bank that executes the payment order of the sender by issuing a payment order in an amount greater than the amount of the sender's order, or issues a payment order in execution of the sender's order and then issues a duplicate order, is entitled to payment of the amount of the sender's order under subsection 3 of NRS 104A.4402 if that subsection is otherwise satisfied. The bank is entitled to recover from the beneficiary of the erroneous order the excess payment received to the extent allowed by the law governing mistake and restitution.

2. A receiving bank that executes the payment order of the sender by issuing a payment order in an amount less than the amount of the sender's order is entitled to payment of the amount of the sender's order under subsection 3 of NRS 104A.4402 if that subsection is otherwise satisfied and the bank corrects its mistake by issuing an additional payment order for the benefit of the beneficiary of the sender's order. If the error is not corrected, the issuer of the erroneous order is entitled to receive or retain payment from the sender of the order it accepted only to the extent of the amount of the erroneous order. This subsection does not apply if the receiving bank executes the sender's payment order by issuing a payment order in an amount less than the amount of the sender's order for the purpose of obtaining payment of its charges for services and expenses pursuant to instruction of the sender.

3. If a receiving bank executes the payment order of the sender by issuing a payment order to a beneficiary different from the beneficiary of the sender's order and the funds transfer is completed on the basis of that error, the sender of the payment order that was erroneously executed and all previous senders in the funds transfer are not obliged to pay the payment orders they issued. The issuer of the erroneous order is entitled to recover from the beneficiary of the order the payment received to the extent allowed by the law governing mistake and restitution.
Nev. Rev. Stat. § 104A.2311 — NV Code / Title 8 / Chapter 104A / Section 104A.2311
Priority subject to subordination
Status: in_force

Nothing in this article prevents subordination by agreement by any person entitled to priority.
Nev. Rev. Stat. § 102.060 — NV Code / Title 8 / Chapter 102 / Section 102.060
Uniformity of interpretation
Status: in_force

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.
Nev. Rev. Stat. § 104C.303 — NV Code / Title 8 / Chapter 104C / Section 104C.303
Security interest unperfected before October 1, 2023
Status: in_force

A security interest that is enforceable immediately before October 1, 2023, but is unperfected at that time:

1. Remains an enforceable security interest until July 1, 2025;

2. Remains enforceable thereafter if the security interest becomes enforceable under NRS 104.9203 , as amended by section 52 of chapter 505, Statutes of Nevada 2023, on October 1, 2023, or before July 1, 2025; and

3. Becomes perfected: (a) Without further action, on October 1, 2023, if the requirements for perfection under chapter 505, Statutes of Nevada 2023, are satisfied before or at that time; or (b) When the requirements for perfection are satisfied if the requirements are satisfied after that time.
Nev. Rev. Stat. § 104.2609 — NV Code / Title 8 / Chapter 104 / Section 104.2609
Right to adequate assurance of performance
Status: in_force

1. A contract for sale imposes an obligation on each party that the other's expectation of receiving due performance will not be impaired. When reasonable grounds for insecurity arise with respect to the performance of either party the other may in writing demand adequate assurance of due performance and until he or she receives such assurance may if commercially reasonable suspend any performance for which he or she has not already received the agreed return.

2. Between merchants the reasonableness of grounds for insecurity and the adequacy of any assurance offered shall be determined according to commercial standards.

3. Acceptance of any improper delivery or payment does not prejudice the aggrieved party's right to demand adequate assurance of future performance.

4. After receipt of a justified demand failure to provide within a reasonable time not exceeding 30 days such assurance of due performance as is adequate under the circumstances of the particular case is a repudiation of the contract.
Nev. Rev. Stat. § 104.910702 — NV Code / Title 8 / Chapter 104 / Section 104.910702
No requirement to acknowledge or confirm; no duties
Status: in_force

1. A person that has control under NRS 104.9104 or 104.9105 is not required to acknowledge that it has control on behalf of another person.

2. If a person acknowledges that it has or will obtain control on behalf of another person, unless the person otherwise agrees or law other than this Article otherwise provides, the person does not owe any duty to the other person and is not required to confirm the acknowledgment to any other person.
Nev. Rev. Stat. § 104.8407 — NV Code / Title 8 / Chapter 104 / Section 104.8407
Authenticating trustee, transfer agent and registrar
Status: in_force

A person acting as authenticating trustee, transfer agent, registrar or other agent for an issuer in the registration of a transfer of its securities, in the issue of new security certificates or uncertificated securities or in the cancellation of surrendered security certificates has the same obligation to the holder or owner of a certificated or uncertificated security with regard to the particular functions performed as the issuer has in regard to those functions.
Nev. Rev. Stat. § 104.3115 — NV Code / Title 8 / Chapter 104 / Section 104.3115
Incomplete instruments
Status: in_force

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 incomplete but that the signer intended it to be completed by the addition of words or numbers.

2. Except as otherwise provided in subsection 3, if an incomplete instrument is an instrument under NRS 104.3104 , it may be enforced according to its terms if it is not completed, or according to its terms as augmented by completion. If an incomplete instrument is not an instrument under NRS 104.3104 , but, after completion, the requirements of NRS 104.3104 are met, the instrument may be enforced according to its terms as augmented by completion.

3. If words or numbers are added to an incomplete instrument without authority of the signer, there is an alteration of the incomplete instrument under NRS 104.3407 .

4. The burden of establishing that words or numbers were added to an incomplete instrument without authority of the signer is on the person asserting the lack of authority.
Nev. Rev. Stat. § 104.2319 — NV Code / Title 8 / Chapter 104 / Section 104.2319
F.O.B. and F.A.S. terms
Status: in_force

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 price, is a delivery term under which: (a) When the term is F.O.B. the place of shipment, the seller must at that place ship the goods in the manner provided in this article ( NRS 104.2504 ) and bear the expense and risk of putting them into the possession of the carrier; or (b) When the term is F.O.B. the place of destination, the seller must at the seller’s own expense and risk transport the goods to that place and there tender delivery of them in the manner provided in this article ( NRS 104.2503 ); (c) When under either paragraph (a) or (b) the term is also F.O.B. vessel, car or other vehicle, the seller must in addition at his or her own expense and risk load the goods on board. If the term is F.O.B. vessel the buyer must name the vessel and in an appropriate case the seller must comply with the provisions of this article on the form of bill of lading ( NRS 104.2323 ).

2. Unless otherwise agreed the term F.A.S. vessel (which means “free alongside”) at a named port, even though used only in connection with the stated price, is a delivery term under which the seller must: (a) At the seller’s own expense and risk deliver the goods alongside the vessel in the manner usual in that port or on a dock designated and provided by the buyer; and (b) Obtain and tender a receipt for the goods in exchange for which the carrier is under a duty to issue a bill of lading.

3. Unless otherwise agreed in any case falling within paragraph (a) or (c) of subsection 1 or subsection 2 the buyer must seasonably give any needed instructions for making delivery, including when the term is F.A.S. or F.O.B. the loading berth of the vessel and in an appropriate case its name and sailing date. The seller may treat the failure of needed instructions as a failure of cooperation under this article ( NRS 104.2311 ). The seller may also at his or her option move the goods in any reasonable manner preparatory to delivery or shipment.

4. Under the term F.O.B. vessel or F.A.S. unless otherwise agreed the buyer must make payment against tender of the required documents and the seller may not tender nor the buyer demand delivery of the goods in substitution for the documents.
Nev. Rev. Stat. § 97A.130 — NV Code / Title 8 / Chapter 97A / Section 97A.130
“Service provider” defined
Status: in_force

“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 accounts.
Nev. Rev. Stat. § 104.7305 — NV Code / Title 8 / Chapter 104 / Section 104.7305
Destination bills
Status: in_force

1. Instead of issuing a bill of lading to the consignor at the place of shipment, a carrier, at the request of the consignor, may procure the bill to be issued at destination or at any other place designated in the request.

2. Upon request of any person entitled as against a carrier to control the goods while in transit and on surrender of possession or control of any outstanding bill of lading or other receipt covering the goods, the issuer, subject to NRS 104.7105 , may procure a substitute bill to be issued at any place designated in the request.
Nev. Rev. Stat. § 104.9505 — NV Code / Title 8 / Chapter 104 / Section 104.9505
Filing of financing statement in compliance with other statutes and treaties for consignments, leases, other bailments and other transactions
Status: in_force

1. A consignor, lessor, or other bailor of goods, a licensor, or a buyer of a payment intangible or promissory note may file a financing statement, or may comply with a statute or treaty described in subsection 1 of NRS 104.9311 , using the terms “consignor,” “consignee,” “lessor,” “lessee,” “bailor,” “bailee,” “licensor,” “licensee,” “owner,” “registered owner,” “buyer,” “seller” or words of similar import, instead of the terms “secured party” and “debtor.”

2. This part applies to the filing of a financing statement under subsection 1 and, as appropriate, to compliance that is equivalent to filing a financing statement under subsection 2 of NRS 104.9311 , but the filing or compliance is not of itself a factor in determining whether the collateral secures an obligation. If it is determined for another reason that the collateral secures an obligation, a security interest held by the consignor, lessor, bailor, licensor, owner or buyer which attaches to the collateral is perfected by the filing or compliance.
Nev. Rev. Stat. § 104.9338 — NV Code / Title 8 / Chapter 104 / Section 104.9338
Priority of security interest or agricultural lien perfected by filed financing statement providing certain incorrect information
Status: in_force

If a security interest or agricultural lien is perfected by a filed financing statement providing information described in paragraph (e) of subsection 2 of NRS 104.9516 which is incorrect at the time the financing statement is filed:

1. The security interest or agricultural lien is subordinate to a conflicting perfected security interest in the collateral to the extent that the holder of the conflicting security interest gives value in reasonable reliance upon the incorrect information; and

2. A purchaser, other than a secured party, of the collateral takes free of the security interest or agricultural lien to the extent that, in reasonable reliance upon the incorrect information, the purchaser gives value and, in the case of tangible chattel paper, tangible documents, goods, instruments or a security certificate, receives delivery of the collateral.
Nev. Rev. Stat. § 104.9342 — NV Code / Title 8 / Chapter 104 / Section 104.9342
Bank's right to refuse to enter into or disclose existence of control agreement
Status: in_force

This article does not require a bank to enter into an agreement of the kind described in paragraph (b) of subsection 1 of NRS 104.9104 , even if its customer so requests or directs. A bank that has entered into such an agreement is not required to confirm the existence of the agreement to another person unless requested to do so by its customer.
Nev. Rev. Stat. § 104.9322 — NV Code / Title 8 / Chapter 104 / Section 104.9322
Priorities among conflicting security interests in and agricultural liens on same collateral
Status: in_force

1. Except as otherwise provided in this section, priority among conflicting security interests and agricultural liens in the same collateral is determined according to the following rules: (a) Conflicting perfected security interests and agricultural liens rank according to priority in time of filing or perfection. Priority dates from the earlier of the time a filing covering the collateral is first made or the security interest or agricultural lien is first perfected, if there is no period thereafter when there is neither filing nor perfection. (b) A perfected security interest or agricultural lien has priority over a conflicting unperfected security interest or agricultural lien. (c) The first security interest or agricultural lien to attach or become effective has priority if conflicting security interests and agricultural liens are unperfected.

2. For the purposes of paragraph (a) of subsection 1: (a) The time of filing or perfection as to a security interest in collateral is also the time of filing or perfection as to a security interest in proceeds; and (b) The time of filing or perfection as to a security interest in collateral supported by a supporting obligation is also the time of filing or perfection as to a security interest in the supporting obligation.

3. Except as otherwise provided in subsection 6, a security interest in collateral which qualifies for priority over a conflicting security interest under NRS 104.9327 , 104.9328 , 104.9329 , 104.9330 or 104.9331 also has priority over a conflicting security interest in: (a) Any supporting obligation for the collateral; and (b) Proceeds of the collateral if: (1) The security interest in proceeds is perfected; (2) The proceeds are cash proceeds or of the same type as the collateral; and (3) In the case of proceeds that are proceeds of proceeds, all intervening proceeds are cash proceeds, proceeds of the same type as the collateral, or an account relating to the collateral.

4. Subject to subsection 5 and except as otherwise provided in subsection 6, if a security interest in chattel paper, deposit accounts, negotiable documents, instruments, investment property or letter-of-credit rights is perfected by a method other than filing, conflicting perfected security interests in proceeds of the collateral rank according to priority in time of filing.

5. Subsection 4 applies only if the proceeds of the collateral are not cash proceeds, chattel paper, negotiable documents, instruments, investment property or letter-of-credit rights.

6. Subsections 1 to 5, inclusive, are subject to: (a) Subsection 7 and the other provisions of this part; (b) NRS 104.4210 with respect to a security interest of a collecting bank; (c) NRS 104.5118 with respect to a security interest of an issuer or nominated person; and (d) NRS 104.9110 with respect to a security interest arising under article 2 or 2A.

7. A perfected agricultural lien on collateral has priority over a conflicting security interest in or agricultural lien on the same collateral if the statute creating the agricultural lien so provides.
Nev. Rev. Stat. § 104.9621 — NV Code / Title 8 / Chapter 104 / Section 104.9621
Notification of proposal to accept collateral in satisfaction of obligation
Status: in_force

1. A secured party that desires to accept collateral in full or partial satisfaction of the obligation it secures shall send its proposal to: (a) Any person from which the secured party has received, before the debtor consented to the acceptance, a signed notification of a claim of an interest in the collateral; (b) Any other secured party or lienholder that, 10 days before the debtor consented to the acceptance, held a security interest in or other lien on the collateral perfected by the filing of a financing statement that: (1) Identified the collateral; (2) Was indexed under the debtor's name as of that date; and (3) Was filed in the office or offices in which to file a financing statement against the debtor covering the collateral as of that date; and (c) Any other secured party that, 10 days before the debtor consented to the acceptance, held a security interest in the collateral perfected by compliance with a statute, regulation or treaty described in subsection 1 of NRS 104.9311 .

2. A secured party that desires to accept collateral in partial satisfaction of the obligation it secures shall send its proposal to any secondary obligor in addition to the persons described in subsection 1.
Nev. Rev. Stat. § 97.299 — NV Code / Title 8 / Chapter 97 / Section 97.299
Forms for contracts and applications for credit: Adoption of regulations prescribing forms; contents; acceptance; translation into Spanish; amendment of forms
Status: in_force

1. The Commissioner of Financial Institutions shall prescribe, by regulation, forms for the application for credit and contracts to be used in the sale of vehicles if: (a) The sale involves the taking of a security interest to secure all or a part of the purchase price of the vehicle; (b) The application for credit is made to or through the seller of the vehicle; (c) The seller is a dealer; and (d) The sale is not a commercial transaction.

2. The forms prescribed pursuant to subsection 1 must meet the requirements of NRS 97.165 , must be accepted and acted upon by any lender to whom the application for credit is made and, in addition to the information required in NRS 97.185 and required to be disclosed in such a transaction by federal law, must: (a) Identify and itemize the items embodied in the cash sale price, including the amount charged for a contract to service the vehicle after it is purchased. (b) In specifying the amount of the buyer's down payment, identify the amounts paid in money and allowed for property given in trade and the amount of any manufacturer's rebate applied to the down payment. (c) Contain a description of any property given in trade as part of the down payment. (d) Contain a description of the method for calculating the unearned portion of the finance charge upon prepayment in full of the unpaid total of payments as prescribed in NRS 97.225 . (e) Contain a provision that default on the part of the buyer is only enforceable to the extent that: (1) The buyer fails to make a payment as required by the agreement; or (2) The prospect of payment, performance or realization of collateral is significantly impaired. The burden of establishing the prospect of significant impairment is on the seller. (f) Include the following notice in at least 10-point bold type: NOTICE TO BUYER Do not sign this agreement before you read it or if it contains any blank spaces. You are entitled to a completed copy of this agreement. If you pay the amount due before the scheduled date of maturity of the indebtedness and you are not in default in the terms of the contract for more than 2 months, you are entitled to a refund of the unearned portion of the finance charge. If you fail to perform your obligations under this agreement, the vehicle may be repossessed and you may be liable for the unpaid indebtedness evidenced by this agreement.

3. The Commissioner shall arrange for or otherwise cause the translation into Spanish of the forms prescribed pursuant to subsection 1.

4. If a change in state or federal law requires the Commissioner to amend the forms prescribed pursuant to subsection 1, the Commissioner need not comply with the provisions of chapter 233B of NRS when making those amendments.

5. As used in this section: (a) “ Commercial transaction ” means any sale of a vehicle to a buyer who purchases the vehicle solely or primarily for commercial use or resale. (b) “ Dealer ” has the meaning ascribed to it in NRS 482.020 .
Nev. Rev. Stat. § 104.9311 — NV Code / Title 8 / Chapter 104 / Section 104.9311
Perfection of security interests in property subject to certain statutes, regulations and treaties
Status: in_force

1. Except as otherwise provided in subsection 4, the filing of a financing statement is not necessary or effective to perfect a security interest in property subject to: (a) A statute, regulation or treaty of the United States whose requirements for a security interest's obtaining priority over the rights of a lien creditor with respect to the property preempt subsection 1 of NRS 104.9310 ; (b) Chapter 105 of NRS , NRS 482.423 to 482.431 , inclusive, 488.1793 to 488.1827 , inclusive, and 489.501 to 489.581 , inclusive; or (c) A statute of another jurisdiction which provides for a security interest to be indicated on a certificate of title as a condition or result of the security interest's obtaining priority over the rights of a lien creditor with respect to the property.

2. Compliance with the requirements of a statute, regulation or treaty described in subsection 1 for obtaining priority over the rights of a lien creditor is equivalent to the filing of a financing statement under this article. Except as otherwise provided in subsection 4, NRS 104.9313 and subsections 4 and 5 of NRS 104.9316 for goods covered by a certificate of title, a security interest in property subject to a statute, regulation or treaty described in subsection 1 may be perfected only by compliance with those requirements, and a security interest so perfected remains perfected notwithstanding a change in the use or transfer of possession of the collateral.

3. Except as otherwise provided in subsection 4 and subsections 4 and 5 of NRS 104.9316 , duration and renewal of perfection of a security interest perfected by compliance with the requirements prescribed by a statute, regulation or treaty described in subsection 1 are governed by the statute, regulation or treaty. In other respects, the security interest is subject to this article.

4. During any period in which collateral subject to a statute specified in paragraph (b) of subsection 1 is inventory held for sale or lease by a person or leased by that person as lessor and that person is in the business of selling goods of that kind, this section does not apply to a security interest in that collateral created by that person.
Nev. Rev. Stat. § 104.1306 — NV Code / Title 8 / Chapter 104 / Section 104.1306
Waiver or renunciation of claim or right after breach
Status: in_force

A claim or right arising out of an alleged breach may be discharged in whole or in part without consideration by agreement of the aggrieved party in a signed record.
Nev. Rev. Stat. § 104.8510 — NV Code / Title 8 / Chapter 104 / Section 104.8510
Rights of purchaser of security entitlement from entitlement holder
Status: in_force

1. In a case not covered by the rules of priority in article 9 or the rules stated in subsection 3, an action based on an adverse claim to a financial asset or security entitlement, whether framed in conversion, replevin, constructive trust, equitable lien or other theory, may not be asserted against a person who purchases a security entitlement, or an interest therein, from an entitlement holder if the purchaser gives value, does not have notice of the adverse claim and obtains control.

2. If an adverse claim could not have been asserted against an entitlement holder under NRS 104.8502 , the adverse claim cannot be asserted against a person who purchases a security entitlement, or an interest therein, from the entitlement holder.

3. In a case not covered by the rules of priority in article 9, a purchaser for value of a security entitlement, or an interest therein, who obtains control has priority over a purchaser of a security entitlement, or an interest therein, who does not obtain control. Except as otherwise provided in subsection 4, purchasers who have control rank according to priority in time of: (a) The purchaser's becoming the person for whom the securities account, in which the security entitlement is carried, is maintained, if the purchaser obtained control under paragraph (a) of subsection 4 of NRS 104.8106 ; (b) The securities intermediary's agreement to comply with the purchaser's entitlement orders with respect to security entitlements carried or to be carried in the securities account in which the security entitlement is carried, if the purchaser obtained control under paragraph (b) of that subsection; or (c) If the purchaser obtained control through another person under paragraph (c) of that subsection, the time on which priority would be based under this subsection if the other person were the secured party.

4. A securities intermediary as purchaser has priority over a conflicting purchaser who has control unless otherwise agreed by the securities intermediary.
Nev. Rev. Stat. § 104.4109 — NV Code / Title 8 / Chapter 104 / Section 104.4109
Delays
Status: in_force

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 with or without the approval of any person involved, may waive, modify or extend time limits imposed or permitted by this chapter for a period not exceeding two additional banking days without discharge of drawers or endorsers or liability to its transferor or a prior party.

2. Delay by a collecting bank or payor bank beyond time limits prescribed or permitted by this chapter or by instructions is excused if: (a) The delay is caused by interruption of communication or computer facilities, suspension of payments by another bank, war, emergency conditions, failure of equipment or other circumstances beyond the control of the bank; and (b) The bank exercises such diligence as the circumstances require.
Nev. Rev. Stat. § 104.5118 — NV Code / Title 8 / Chapter 104 / Section 104.5118
Security interest of issuer or nominated person
Status: in_force

1. An issuer or a nominated person has a security interest in a document presented under a letter of credit and any identifiable proceeds of the collateral to the extent that the issuer or nominated person honors or gives value for the presentation. 2. As long as and to the extent that an issuer or a nominated person has not been reimbursed or has not otherwise recovered the value given with respect to a security interest in a document under subsection 1, the security interest continues and is subject to article 9, but: (a) A security agreement is not necessary to make the security interest enforceable under paragraph (c) of subsection 2 of NRS 104.9203 ; (b) If the document is presented in a medium other than a written or other tangible medium, the security interest is perfected; and (c) If the document is presented in a written or other tangible medium and is not a certificated security, chattel paper, a document of title, an instrument, or a letter of credit, so long as the debtor does not have possession of the document, the security interest is perfected and has priority over a conflicting security interest in the document.
Nev. Rev. Stat. § 104.3202 — NV Code / Title 8 / Chapter 104 / Section 104.3202
Negotiation subject to rescission
Status: in_force

1. Negotiation is effective even if obtained: (a) From an infant, a corporation exceeding its powers or a person without capacity; (b) By fraud, duress or mistake; or (c) In breach of duty or as part of an illegal transaction.

2. To the extent permitted by other law, negotiation may be rescinded or may be subject to other remedies, but those remedies may not be asserted against a subsequent holder in due course or a person paying the instrument in good faith and without knowledge of facts that are a basis for rescission or other remedy.
Nev. Rev. Stat. § 104.9206 — NV Code / Title 8 / Chapter 104 / Section 104.9206
Security interest arising in purchase or delivery of financial asset
Status: in_force

1. A security interest in favor of a securities intermediary attaches to a person's security entitlement if: (a) The person buys a financial asset through the securities intermediary in a transaction in which the person is obligated to pay the purchase price to the securities intermediary at the time of the purchase; and (b) The securities intermediary credits the financial asset to the person’s securities account before he or she pays the securities intermediary.

2. The security interest described in subsection 1 secures the buyer's obligation to pay for the financial asset.

3. A security interest in favor of a person that delivers a certificated security or other financial asset represented by a writing attaches to the security or other financial asset if: (a) The security or other financial asset: (1) In the ordinary course of business is transferred by delivery with any necessary endorsement or assignment; and (2) Is delivered under an agreement between persons in the business of dealing with such securities or financial assets; and (b) The agreement calls for delivery against payment.

4. The security interest described in subsection 3 secures the obligation to make payment for the delivery.
Nev. Rev. Stat. § 104.3414 — NV Code / Title 8 / Chapter 104 / Section 104.3414
Obligation of drawer
Status: in_force

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 is obliged to pay the draft: (a) According to its terms at the time it was issued or, if not issued, at the time it first came into possession of a holder; or (b) If the drawer signed an incomplete instrument, according to its terms when completed, to the extent stated in NRS 104.3115 and 104.3407 . The obligation is owed to a person entitled to enforce the draft or to an endorser who paid the draft under NRS 104.3415 .

3. If a draft is accepted by a bank, the drawer is discharged, regardless of when or by whom acceptance was obtained.

4. If a draft is accepted and the acceptor is not a bank, the obligation of the drawer to pay the draft if the draft is dishonored by the acceptor is the same as the obligation of an endorser under subsections 1 and 3 of NRS 104.3415 .

5. If a draft states that it is drawn “without recourse” or otherwise disclaims liability of the drawer to pay the draft, the drawer is not liable under subsection 2 to pay the draft if the draft is not a check. A disclaimer of the liability stated in subsection 2 is not effective if the draft is a check.

6. If a check is not presented for payment or given to a depositary bank for collection within 30 days after its date, the drawee suspends payments after expiration of the 30-day period without paying the check, and because of the suspension of payments, the drawer is deprived of funds maintained with the drawee to cover payment of the check, the drawer to the extent deprived of funds may discharge his or her obligation to pay the check by assigning to the person entitled to enforce the check his or her rights against the drawee with respect to the funds.
Nev. Rev. Stat. § 100.095 — NV Code / Title 8 / Chapter 100 / Section 100.095
Definitions
Status: in_force

As used in NRS 100.095 to 100.180 , inclusive:

1. “ Closed-end vehicle lease ” means a vehicle lease, other than an open-end vehicle lease, commonly referred to as a walk-away lease, in which the lessee is not responsible for the residual value of the leased vehicle at the end of the term of the lease.

2. “ Commercial vehicle lease ” means a bailment or lease of a single vehicle by a person for a period of more than 4 months for a total contractual obligation not exceeding $25,000, primarily for business or commercial purposes, whether or not the lessee has the option to purchase or otherwise become the owner of the vehicle at the termination or expiration of the lease. The term includes a bailment or lease where the lessee becomes or may become owner of the vehicle by payment to the lessor of an amount which is substantially equal to the residual value or the unamortized capitalized cost, if the payment is not nominal. The term does not include a bailment or lease where the lessee contracts to pay as compensation for use of the vehicle a sum substantially equivalent to or in excess of the capitalized cost of the vehicle and it is agreed that the lessee may become the owner for no other consideration or for a nominal consideration.

3. “ Consumer vehicle lease ” means a contract in the form of a bailment or lease of a single vehicle by a person for a period of more than 4 months, primarily for personal, family or household purposes, whether or not the lessee has the option to purchase or otherwise become the owner of the vehicle at the expiration of the lease. The term includes: (a) A closed-end vehicle lease; (b) An open-end vehicle lease; and (c) A bailment or lease entered into primarily for personal, family or household purposes where the lessee becomes or may become owner of the vehicle by payment to the lessor of an amount which is substantially equal to the residual value or the unamortized capitalized cost, if the payment is not nominal.

4. “ Dealer ” has the meaning ascribed to it in NRS 482.020 .

5. “ Open-end vehicle lease ” means a vehicle lease where the lessee's obligation upon termination or expiration of the lease is based on the difference between the residual value of the leased vehicle and its realized value.

6. “ Person ” includes any governmental entity.

7. “ Vehicle ” means every device in, upon or by which any person or property is or may be transported upon a public highway, except devices: (a) Moved by human power; (b) Used exclusively upon stationary rails or tracks; or (c) Having a gross vehicle weight of more than 10,000 pounds, exclusive of the weight of any slide-in camper as defined in NRS 482.113 which may be on it.

The term does not include electric personal assistive mobility devices as defined in NRS 482.029 .
Nev. Rev. Stat. § 104.2512 — NV Code / Title 8 / Chapter 104 / Section 104.2512
Payment by buyer before inspection
Status: in_force

1. Where the contract requires payment before inspection nonconformity of the goods does not excuse the buyer from so making payment unless: (a) The nonconformity appears without inspection; or (b) Despite tender of the required documents the circumstances would justify injunction against honor under the provisions of this chapter.

2. Payment pursuant to subsection 1 does not constitute an acceptance of goods or impair the buyer's right to inspect or any of the buyer’s remedies.
Nev. Rev. Stat. § 104.1104 — NV Code / Title 8 / Chapter 104 / Section 104.1104
Construction against implied repeal
Status: repealed

The Uniform Commercial Code being a general act intended as a unified coverage of its subject matter, no part of it shall be deemed to be impliedly repealed by subsequent legislation if such construction can reasonably be avoided.
Nev. Rev. Stat. § 104A.2105 — NV Code / Title 8 / Chapter 104A / Section 104A.2105
Territorial application of article to goods covered by certificate of title
Status: in_force

Subject to the provisions of subsection 3 of NRS 104A.2304 and subsection 3 of NRS 104A.2305 , with respect to goods covered by a certificate of title issued under a statute of this State or of another jurisdiction, compliance and the effect of compliance or noncompliance with a certificate of title statute are governed by the law (including the conflict of laws rules) of the jurisdiction issuing the certificate until the earlier of:

1. Surrender of the certificate; or

2. Four months after the goods are removed from that jurisdiction,

and thereafter until a new certificate of title is issued by another jurisdiction.
Nev. Rev. Stat. § 104A.2518 — NV Code / Title 8 / Chapter 104A / Section 104A.2518
Cover; substitute goods
Status: in_force

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 by the lessor, the lessee may cover by making any purchase or lease of or contract to purchase or lease goods in substitution for those due from the lessor.

2. Except as otherwise provided with respect to damages liquidated in the lease agreement ( NRS 104A.2504 ) or otherwise determined pursuant to agreement of the parties ( NRS 104.1302 and 104A.2503 ), if a lessee's cover is by lease agreement substantially similar to the original lease agreement and the lease agreement is made in good faith and in a commercially reasonable manner, the lessee may recover from the lessor as damages: (a) The present value, as of the date of the commencement of the term of the new lease agreement, of the rent under the new lease agreement applicable to that period of the new lease term which is comparable to the then remaining term of the original lease agreement minus the present value as of the same date of the total rent for the remaining lease term of the original lease agreement; and (b) Any incidental or consequential damages less expenses saved in consequence of the lessor's default.

3. If a lessee's cover is by lease agreement that for any reason does not qualify for treatment under subsection 2, or is by purchase or otherwise, the lessee may recover from the lessor as if the lessee had elected not to cover and NRS 104A.2519 governs.
Nev. Rev. Stat. § 104.4301 — NV Code / Title 8 / Chapter 104 / Section 104.4301
Deferred posting; recovery of payment by return of items; time of dishonor; return of items by payor bank
Status: in_force

1. If a payor bank settles for a demand item other than a documentary draft presented otherwise than for immediate payment over the counter before midnight of the banking day of receipt the payor bank may revoke the settlement and recover the settlement if, before it has made final payment and before its midnight deadline, it: (a) Returns the item; (b) Returns an image of the item, if the party to which the return is made has entered into an agreement to accept an image as a return of the item and the image is returned in accordance with that agreement; or (c) Sends a record providing notice of dishonor or nonpayment if the item is unavailable for return.

2. If a demand item is received by a payor bank for credit on its books it may return the item or send notice of dishonor and may revoke any credit given or recover the amount thereof withdrawn by its customer, if it acts within the time limit and in the manner specified in subsection 1.

3. Unless previous notice of dishonor has been sent an item is dishonored at the time when for purposes of dishonor it is returned or notice sent in accordance with this section.

4. An item is returned: (a) As to an item presented through a clearinghouse, when it is delivered to the presenting or last collecting bank or to the clearinghouse or is sent or delivered in accordance with clearinghouse rules; or (b) In all other cases, when it is sent or delivered to the bank's customer or transferor or pursuant to his or her instructions.
Nev. Rev. Stat. § 104.2718 — NV Code / Title 8 / Chapter 104 / Section 104.2718
Liquidation or limitation of damages; deposits
Status: in_force

1. Damages for breach by either party may be liquidated in the agreement but only at an amount which is reasonable in the light of the anticipated or actual harm caused by the breach, the difficulties of proof of loss, and the inconvenience or nonfeasibility of otherwise obtaining an adequate remedy. A term fixing unreasonably large liquidated damages is void as a penalty.

2. Where the seller justifiably withholds delivery of goods because of the buyer's breach, the buyer is entitled to restitution of any amount by which the sum of his or her payments exceeds: (a) The amount to which the seller is entitled by virtue of terms liquidating the seller's damages in accordance with subsection 1; or (b) In the absence of such terms, 20 percent of the value of the total performance for which the buyer is obligated under the contract or $500, whichever is smaller.

3. The buyer's right to restitution under subsection 2 is subject to offset to the extent that the seller establishes: (a) A right to recover damages under the provisions of this Article other than subsection 1; and (b) The amount or value of any benefits received by the buyer directly or indirectly by reason of the contract.

4. Where a seller has received payment in goods their reasonable value or the proceeds of their resale shall be treated as payments for the purposes of subsection 2; but if the seller has notice of the buyer's breach before reselling goods received in part performance, the seller’s resale is subject to the conditions laid down in this Article on resale by an aggrieved seller ( NRS 104.2706 ).
Nev. Rev. Stat. § 97.085 — NV Code / Title 8 / Chapter 97 / Section 97.085
“Retail buyer” and “buyer” defined
Status: in_force

“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, or agrees to have services rendered or furnished from, a retail seller.
Nev. Rev. Stat. § 104A.2528 — NV Code / Title 8 / Chapter 104A / Section 104A.2528
Lessor's damages for nonacceptance, failure to pay, repudiation or other default
Status: in_force

1. Except as otherwise provided with respect to damages liquidated in the lease agreement ( NRS 104A.2504 ) or otherwise determined pursuant to agreement of the parties ( NRS 104.1302 and 104A.2503 ), if a lessor elects to retain the goods or a lessor elects to dispose of the goods and the disposition is by lease agreement that for any reason does not qualify for treatment under subsection 2 of NRS 104A.2527 , or is by sale or otherwise, the lessor may recover from the lessee as damages for a default of the type described in subsection 1 or paragraph (a) of subsection 3 of NRS 104A.2523 , or, if agreed, for other default of the lessee: (a) Accrued and unpaid rent as of the date of default if the lessee has never taken possession of the goods, or, if the lessee has taken possession of the goods, as of the date the lessor repossesses the goods or an earlier date on which the lessee makes a tender of the goods to the lessor; (b) The present value as of the date determined under paragraph (a) of the total rent for the then remaining lease term of the original lease agreement minus the present value as of the same date of the market rent at the place where the goods are located computed for the same lease term; and (c) Any incidental damages allowed under NRS 104A.2530 , less expenses saved in consequence of the lessee's default.

2. If the measure of damages provided in subsection 1 is inadequate to put a lessor in as good a position as performance would have, the measure of damages is the present value of the profit, including reasonable overhead, the lessor would have made from full performance by the lessee, together with any incidental damages allowed under NRS 104A.2530 , due allowance for costs reasonably incurred and due credit for payments or proceeds of disposition.
Nev. Rev. Stat. § 104.3405 — NV Code / Title 8 / Chapter 104 / Section 104.3405
Employer's responsibility for fraudulent endorsement by employee
Status: in_force

1. In this section: (a) “Employee” includes an independent contractor and employee of an independent contractor retained by the employer. (b) “Fraudulent endorsement” means: (1) In the case of an instrument payable to the employer, a forged endorsement purporting to be that of the employer; or (2) In the case of an instrument with respect to which the employer is the issuer, a forged endorsement purporting to be that of the person identified as payee. (c) “Responsibility” with respect to instruments means authority: (1) To sign or endorse instruments on behalf of the employer; (2) To act upon instruments received by the employer for bookkeeping purposes, for deposit to an account, or for other disposition; (3) To prepare or act upon instruments for issue in the name of the employer; (4) To supply information determining the names or addresses of payees of instruments to be issued in the name of the employer; (5) To control the disposition of instruments to be issued in the name of the employer; or (6) To act otherwise with respect to instruments in a responsible capacity. “Responsibility” does not include authority that merely allows an employee to have access to instruments or blank or incomplete instrument forms that are being stored or transported or are part of incoming or outgoing mail, or similar access.

2. For the purpose of determining the rights and liabilities of a person who, in good faith, pays an instrument or takes it for value or for collection, if an employer entrusted an employee with responsibility with respect to the instrument and the employee or a person acting in concert with the employee makes a fraudulent endorsement of the instrument, the endorsement is effective as the endorsement of the person to whom the instrument is payable if it is made in the name of that person. If the person paying the instrument or taking it for value or for collection fails to exercise ordinary care in paying or taking the instrument and that failure substantially contributes to loss resulting from the fraud, the person bearing the loss may recover from the person failing to exercise ordinary care to the extent the failure to exercise ordinary care contributed to the loss.

3. Under subsection 2, an endorsement is made in the name of the person to whom an instrument is payable if: (a) It is made in a name substantially similar to the name of that person; or (b) The instrument, whether or not endorsed, is deposited in a depositary bank to an account in a name substantially similar to the name of that person.
Nev. Rev. Stat. § 104.2720 — NV Code / Title 8 / Chapter 104 / Section 104.2720
Effect of “cancellation” or “rescission” on claims for antecedent breach
Status: in_force

Unless the contrary intention clearly appears, expressions of “cancellation” or “rescission” of the contract or the like shall not be construed as a renunciation or discharge of any claim in damages for an antecedent breach.
Nev. Rev. Stat. § 104.3116 — NV Code / Title 8 / Chapter 104 / Section 104.3116
Joint and several liability; contribution
Status: in_force

1. Except as otherwise provided in the instrument, two or more persons who have the same liability on an instrument as makers, drawers, acceptors, endorsers who endorse as joint payees, or anomalous endorsers are jointly and severally liable in the capacity in which they sign.

2. Except as otherwise provided in subsection 6 of NRS 104.3419 or by agreement of the affected parties, a party having joint and several liability who pays the instrument is entitled to receive from any party having the same joint and several liability contribution in accordance with applicable law.

3. Discharge of one party having joint and several liability by a person entitled to enforce the instrument does not affect the right under subsection 2 of a party having the same joint and several liability to receive contribution from the party discharged.
Nev. Rev. Stat. § 104.9607 — NV Code / Title 8 / Chapter 104 / Section 104.9607
Collection and enforcement by secured party
Status: in_force

1. If so agreed, and in any event after default, a secured party: (a) May notify an account debtor or other person obligated on collateral to make payment or otherwise render performance to or for the benefit of the secured party; (b) May take any proceeds to which the secured party is entitled under NRS 104.9315 ; (c) May enforce the obligations of an account debtor or other person obligated on collateral and exercise the rights of the debtor with respect to the obligation of the account debtor or other person obligated on collateral to make payment or otherwise render performance to the debtor, and with respect to any property that secures the obligations of the account debtor or other person obligated on the collateral; (d) If it holds a security interest in a deposit account perfected by control under paragraph (a) of subsection 1 of NRS 104.9104 , may apply the balance of the deposit account to the obligation secured by the deposit account; and (e) If it holds a security interest in a deposit account perfected by control under paragraph (b) or (c) of subsection 1 of NRS 104.9104 , may instruct the bank to pay the balance of the deposit account to or for the benefit of the secured party.

2. If necessary to enable a secured party to exercise under paragraph (c) of subsection 1 the right of a debtor to enforce a mortgage nonjudicially, the secured party may record in the office in which the mortgage is recorded: (a) A copy of the security agreement that creates or provides for a security interest in the obligation secured by the mortgage; and (b) The secured party's sworn affidavit in recordable form stating that: (1) A default has occurred with respect to the obligation secured by the mortgage; and (2) The secured party is entitled to enforce the mortgage nonjudicially.

3. A secured party shall proceed in a commercially reasonable manner if the secured party: (a) Undertakes to collect from or enforce an obligation of an account debtor or other person obligated on collateral; and (b) Is entitled to charge back uncollected collateral or otherwise to full or limited recourse against the debtor or a secondary obligor.

4. A secured party may deduct from the collections made pursuant to subsection 3 reasonable expenses of collection and enforcement, including reasonable attorney's fees and legal expenses incurred by the secured party.

5. This section does not determine whether an account debtor, bank or other person obligated on collateral owes a duty to a secured party.
Nev. Rev. Stat. § 104A.2516 — NV Code / Title 8 / Chapter 104A / 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
Status: in_force

1. A lessee must pay rent for any goods accepted in accordance with the lease contract, with due allowance for goods rightfully rejected or not delivered.

2. A lessee's acceptance of goods precludes rejection of the goods accepted. In the case of a finance lease, if made with knowledge of a nonconformity, acceptance cannot be revoked because of it. In any other case, if made with knowledge of a nonconformity, acceptance cannot be revoked because of it unless the acceptance was on the reasonable assumption that the nonconformity would be seasonably cured. Acceptance does not of itself impair any other remedy provided by this Article or the lease agreement for nonconformity.

3. If a tender has been accepted: (a) Within a reasonable time after the lessee discovers or should have discovered any default, the lessee shall notify the lessor and the supplier, if any, or be barred from any remedy against the party not notified; (b) Except in the case of a consumer lease, within a reasonable time after the lessee receives notice of litigation for infringement or the like ( NRS 104A.2211 ) the lessee shall notify the lessor or be barred from any remedy over for liability established by the litigation; and (c) The burden is on the lessee to establish any default.

4. If a lessee is sued for breach of a warranty or other obligation for which a lessor or a supplier is answerable over the following apply: (a) The lessee may give the lessor or the supplier written notice of the litigation. If the notice states that the person notified may come in and defend and that if the person does not do so the person will be bound in any action against him or her by the lessee by any determination of fact common to the two litigations, then unless the person notified after seasonable receipt of the notice does come in and defend the person is so bound. (b) The lessor or the supplier may demand in writing that the lessee turn over control of the litigation including settlement if the claim is one for infringement or the like ( NRS 104A.2211 ) or else be barred from any remedy over. If the demand states that the lessor or the supplier agrees to bear all expense and to satisfy any adverse judgment, then unless the lessee after seasonable receipt of the demand does turn over control the lessee is so barred.

5. Subsections 3 and 4 apply to any obligation of a lessee to hold the lessor or the supplier harmless against infringement or the like ( NRS 104A.2211 ).
Nev. Rev. Stat. § 104.2305 — NV Code / Title 8 / Chapter 104 / Section 104.2305
Open price term
Status: in_force

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 is a reasonable price at the time for delivery if: (a) Nothing is said as to price; or (b) The price is left to be agreed by the parties and they fail to agree; or (c) The price is to be fixed in terms of some agreed market or other standard as set or recorded by a third person or agency and it is not so set or recorded.

2. A price to be fixed by the seller or by the buyer means a price for the seller or the buyer to fix in good faith.

3. When a price left to be fixed otherwise than by agreement of the parties fails to be fixed through fault of one party the other may at his or her option treat the contract as cancelled or himself or herself fix a reasonable price.

4. Where, however, the parties intend not to be bound unless the price be fixed or agreed and it is not fixed or agreed there is no contract. In such a case the buyer must return any goods already received or if unable so to do must pay their reasonable value at the time of delivery and the seller must return any portion of the price paid on account.
Nev. Rev. Stat. § 104A.2307 — NV Code / Title 8 / Chapter 104A / Section 104A.2307
Priority of liens arising by attachment or levy on, security interests in and other claims to goods
Status: in_force

1. Except as otherwise provided in NRS 104A.2306 , a creditor of a lessee takes subject to the lease contract.

2. Except as otherwise provided in subsection 3 and in NRS 104A.2306 and 104A.2308 , a creditor of a lessor takes subject to the lease contract unless the creditor holds a lien that attached to the goods before the lease contract became enforceable.

3. Except as otherwise provided in NRS 104.9317 , 104.9321 and 104.9323 , a lessee takes a leasehold subject to a security interest held by a creditor of the lessor.
Nev. Rev. Stat. § 104.3604 — NV Code / Title 8 / Chapter 104 / Section 104.3604
Discharge by cancellation or renunciation
Status: in_force

1. A person entitled to enforce an instrument, with or without consideration, may discharge the obligation of a party to pay the instrument: (a) By an intentional voluntary act, such as surrender of the instrument to the party, destruction, mutilation or cancellation of the instrument, cancellation or striking out of the party's signature, or the addition of words to the instrument indicating discharge; or (b) By agreeing not to sue or otherwise renouncing rights against the party by a signed record. The obligation of a party to pay a check is not discharged solely by destruction of the check in connection with a process in which information is extracted from the check and an image of the check is made and, subsequently, the information and image are transmitted for payment.

2. Cancellation or striking out of an endorsement pursuant to subsection 1 does not affect the status and rights of a party derived from the endorsement.
Nev. Rev. Stat. § 104.3105 — NV Code / Title 8 / Chapter 104 / Section 104.3105
Issue of instrument
Status: in_force

1. “ Issue ” means: (a) The first delivery of an instrument by the maker or drawer, whether to a holder or nonholder, for the purpose of giving rights on the instrument to any person; or (b) If agreed by the payee, the first transmission by the drawer to the payee of an image of an item and information derived from the item that enables the depository bank to collect the item by transferring or presenting under federal law an electronic check.

2. An unissued instrument, or an unissued incomplete instrument that is completed, is binding on the maker or drawer, but nonissuance is a defense. An instrument that is conditionally issued or is issued for a special purpose is binding on the maker or drawer, but failure of the condition or special purpose to be fulfilled is a defense.

3. “ Issuer ” applies to issued and unissued instruments and means a maker or drawer of an instrument.
Nev. Rev. Stat. § 104.7101 — NV Code / Title 8 / Chapter 104 / Section 104.7101
Short title
Status: in_force

This Article may be cited as the Uniform Commercial Code--Documents of Title.
Nev. Rev. Stat. § 104.8508 — NV Code / Title 8 / Chapter 104 / Section 104.8508
Duty of securities intermediary to change entitlement holder's position to other form of security holding
Status: in_force

A securities intermediary shall act at the direction of an entitlement holder to change a security entitlement into another available form of holding for which the entitlement holder is eligible or to cause the financial asset to be transferred to a securities account of the entitlement holder with another securities intermediary. A securities intermediary satisfies the duty if:

1. It acts as agreed upon by the entitlement holder and the securities intermediary; or

2. In the absence of agreement, it exercises due care in accordance with reasonable commercial standards to follow the direction of the entitlement holder.
Nev. Rev. Stat. § 104.3110 — NV Code / Title 8 / Chapter 104 / Section 104.3110
Identification of person to whom instrument is payable
Status: in_force

1. The person to whom an instrument is initially payable is determined by the intent of the person, whether or not authorized, signing as, or in the name or behalf of, the issuer of the instrument. The instrument is payable to the person intended by the signer even if that person is identified in the instrument by a name or other identification that is not that of the intended person. If more than one person signs in the name or behalf of the issuer of an instrument and all the signers do not intend the same person as payee, the instrument is payable to any person intended by one or more of the signers.

2. If the signature of the issuer of an instrument is made by automated means, such as a check-writing machine, the payee of the instrument is determined by the intent of the person who supplied the name or identification of the payee, whether or not authorized to do so.

3. A person to whom an instrument is payable may be identified in any way, including by name, identifying number, office or account number. For the purpose of determining the holder of an instrument, the following rules apply: (a) If an instrument is payable to an account and the account is identified only by number, the instrument is payable to the person to whom the account is payable. If an instrument is payable to an account identified by number and by the name of a person, the instrument is payable to the named person, whether or not that person is the owner of the account identified by number. (b) If an instrument is payable to: (1) A trust, an estate, or a person described as trustee or representative of a trust or estate, the instrument is payable to the trustee, the representative, or a successor of either, whether or not the beneficiary or estate is also named; (2) A person described as agent or similar representative of a named or identified person, the instrument is payable to the represented person, the representative or a successor of the representative; (3) A fund or organization that is not a legal entity, the instrument is payable to a representative of the members of the fund or organization; or (4) An office or to a person described as holding an office, the instrument is payable to the named person, the incumbent of the office or a successor to the incumbent.

4. If an instrument is payable to two or more persons alternatively, it is payable to any of them and may be negotiated, discharged or enforced by any or all of them in possession of the instrument. If an instrument is payable to two or more persons not alternatively, it is payable to all of them and may be negotiated, discharged or enforced only by all of them. If an instrument payable to two or more persons is ambiguous as to whether it is payable to the persons alternatively, the instrument is payable to the persons alternatively.
Nev. Rev. Stat. § 104.9106 — NV Code / Title 8 / Chapter 104 / Section 104.9106
Control of investment property
Status: in_force

1. A person has control of a certificated security, uncertificated security, or security entitlement as provided in NRS 104.8106 .

2. A secured party has control of a commodity contract if: (a) The secured party is the commodity intermediary with which the commodity contract is carried; or (b) The commodity customer, secured party and commodity intermediary have agreed that the commodity intermediary will apply any value distributed on account of the commodity contract as directed by the secured party without further consent by the commodity customer.

3. A secured party having control of all security entitlements or commodity contracts carried in a securities account or commodity account has control over the securities account or commodity account.
Nev. Rev. Stat. § 104.4211 — NV Code / Title 8 / Chapter 104 / Section 104.4211
When bank gives value for purposes of holder in due course
Status: in_force

For purposes of determining its status as a holder in due course, a bank has given value to the extent that it has a security interest in an item if the bank otherwise complies with the requirements of NRS 104.3302 on what constitutes a holder in due course.
Nev. Rev. Stat. § 104.1101 — NV Code / Title 8 / Chapter 104 / Section 104.1101
Short titles
Status: in_force

1. This chapter, together with chapters 104A, 104B and 104C of NRS, may be cited as the Uniform Commercial Code.

2. This Article may be cited as the Uniform Commercial Code--General Provisions.
Nev. Rev. Stat. § 104A.2525 — NV Code / Title 8 / Chapter 104A / Section 104A.2525
Lessor's right to possession of goods
Status: in_force

1. If a lessor discovers the lessee to be insolvent, the lessor may refuse to deliver the goods.

2. After a default by the lessee under the lease contract of the type described in subsection 1 or paragraph (a) of subsection 3 of NRS 104A.2523 or, if agreed, after other default by the lessee, the lessor has the right to take possession of the goods. If the lease contract so provides, the lessor may require the lessee to assemble the goods and make them available to the lessor at a place to be designated by the lessor which is reasonably convenient to both parties. Without removal, the lessor may render unusable any goods employed in trade or business, and may dispose of goods on the lessee's premises ( NRS 104A.2527 ).

3. The lessor may proceed under subsection 2 without judicial process if it can be done without breach of the peace or the lessor may proceed by action.
Nev. Rev. Stat. § 101.020 — NV Code / Title 8 / Chapter 101 / Section 101.020
Terms defined
Status: in_force

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.

3. “Obligor” includes a person liable for a tort.
Nev. Rev. Stat. § 104.8208 — NV Code / Title 8 / Chapter 104 / Section 104.8208
Effect of signature of authenticating trustee, registrar or transfer agent
Status: in_force

1. A person signing a security certificate as authenticating trustee, registrar, transfer agent or the like warrants to a purchaser for value of the certificated security, if the purchaser is without notice of a particular defect, that: (a) The certificate is genuine; (b) His or her own participation in the issue or registration of the transfer, pledge or release of the security is within his or her capacity and within the scope of the authority received from the issuer; and (c) He or she has reasonable grounds to believe that the certificated security is in the form and within the amount the issuer is authorized to issue.

2. Unless otherwise agreed, a person signing under subsection 1 does not assume responsibility for the validity of the security in other respects.
Nev. Rev. Stat. § 104.9101 — NV Code / Title 8 / Chapter 104 / Section 104.9101
Short title
Status: in_force

This article may be cited as Uniform Commercial Code--Secured Transactions.
Nev. Rev. Stat. § 104.1308 — NV Code / Title 8 / Chapter 104 / Section 104.1308
Performance or acceptance under reservation of rights
Status: reserved

1. A party that with explicit reservation of rights performs or promises performance or assents to performance in a manner demanded or offered by the other party does not thereby prejudice the rights reserved. Such words as “without prejudice,” “under protest,” or the like are sufficient.

2. Subsection 1 does not apply to an accord and satisfaction.
Nev. Rev. Stat. § 104.9506 — NV Code / Title 8 / Chapter 104 / Section 104.9506
Effect of errors or omissions in financing statement
Status: in_force

1. A financing statement substantially satisfying the requirements of this part is effective, even if it has minor errors or omissions, unless the errors or omissions make the financing statement seriously misleading.

2. Except as otherwise provided in subsection 3, a financing statement that fails sufficiently to provide the name of the debtor in accordance with subsection 1 of NRS 104.9503 is seriously misleading.

3. If a search of the records of the filing office under the debtor's correct name, using the filing office's standard search logic, if any, would disclose a financing statement that fails sufficiently to provide the name of the debtor in accordance with subsection 1 of NRS 104.9503 , the name provided does not make the financing statement seriously misleading.

4. For purposes of subsection 2 of NRS 104.9508 , the “debtor's correct name” in subsection 3 means the correct name of the new debtor.
Nev. Rev. Stat. § 104.8115 — NV Code / Title 8 / Chapter 104 / Section 104.8115
Securities intermediary and others not liable to adverse claimant
Status: in_force

A securities intermediary that has transferred a financial asset pursuant to an effective entitlement order, or a broker or other agent or bailee that has dealt with a financial asset at the direction of his or her customer or principal, is not liable to a person having an adverse claim to the financial asset, unless he or she:

1. Took the action after he or she had been served with an injunction, restraining order or other legal process enjoining him or her from doing so, issued by a court of competent jurisdiction, and had a reasonable opportunity to act on the injunction, restraining order or other legal process;

2. Acted in collusion with the wrongdoer in violating the rights of the adverse claimant; or

3. In the case of a security certificate that had been stolen, acted with notice of the adverse claim.
Nev. Rev. Stat. § 104.9608 — NV Code / Title 8 / Chapter 104 / Section 104.9608
Application of proceeds of collection or enforcement; liability for deficiency and right to surplus
Status: in_force

1. If a security interest or agricultural lien secures payment or performance of an obligation, the following rules apply: (a) A secured party shall apply or pay over for application the cash proceeds of collection or enforcement under NRS 104.9607 in the following order to: (1) The reasonable expenses of collection and enforcement and, to the extent provided for by agreement and not prohibited by law, reasonable attorney's fees and legal expenses incurred by the secured party; (2) The satisfaction of obligations secured by the security interest or agricultural lien under which the collection or enforcement is made; and (3) The satisfaction of obligations secured by any subordinate security interest in or other lien on the collateral subject to the security interest or agricultural lien under which the collection or enforcement is made if the secured party receives a signed demand for proceeds before distribution of the proceeds is completed. (b) If requested by a secured party, a holder of a subordinate security interest or other lien shall furnish reasonable proof of the interest or lien within a reasonable time. Unless the holder complies, the secured party need not comply with the holder's demand under subparagraph (3) of paragraph (a). (c) A secured party need not apply or pay over for application noncash proceeds of collection and enforcement under NRS 104.9607 unless the failure to do so would be commercially unreasonable. A secured party that applies or pays over for application noncash proceeds shall do so in a commercially reasonable manner. (d) A secured party shall account to and pay a debtor for any surplus, and the obligor is liable for any deficiency.

2. If the underlying transaction is a sale of accounts, chattel paper, payment intangibles or promissory notes, the debtor is not entitled to any surplus, and the obligor is not liable for any deficiency.
Nev. Rev. Stat. § 104.2317 — NV Code / Title 8 / Chapter 104 / Section 104.2317
Cumulation and conflict of warranties express or implied
Status: in_force

Warranties whether express or implied shall be construed as consistent with each other and as cumulative, but if such construction is unreasonable the intention of the parties shall determine which warranty is dominant. In ascertaining that intention the following rules apply:

1. Exact or technical specifications displace an inconsistent sample or model or general language of description.

2. A sample from an existing bulk displaces inconsistent general language of description.

3. Express warranties displace inconsistent implied warranties other than an implied warranty of fitness for a particular purpose.
Nev. Rev. Stat. § 104.2401 — NV Code / Title 8 / Chapter 104 / Section 104.2401
Passing of title; reservation for security; limited application of this section
Status: in_force

Each provision of this Article with regard to the rights, obligations and remedies of the seller, the buyer, purchasers or other third parties applies irrespective of title to the goods except where the provision refers to such title. Insofar as situations are not covered by the other provisions of this Article and matters concerning title become material the following rules apply:

1. Title to goods cannot pass under a contract for sale prior to their identification to the contract ( NRS 104.2501 ), and unless otherwise explicitly agreed the buyer acquires by their identification a special property as limited by this chapter. Any retention or reservation by the seller of the title (property) in goods shipped or delivered to the buyer is limited in effect to a reservation of a security interest. Subject to these provisions and to the provisions of the Article on secured transactions (Article 9), title to goods passes from the seller to the buyer in any manner and on any conditions explicitly agreed on by the parties.

2. Unless otherwise explicitly agreed title passes to the buyer at the time and place at which the seller completes his or her performance with reference to the physical delivery of the goods, despite any reservation of a security interest and even though a document of title is to be delivered at a different time or place; and in particular and despite any reservation of a security interest by the bill of lading: (a) If the contract requires or authorizes the seller to send the goods to the buyer but does not require the seller to deliver them at destination, title passes to the buyer at the time and place of shipment; but (b) If the contract requires delivery at destination, title passes on tender there.

3. Unless otherwise explicitly agreed where delivery is to be made without moving the goods: (a) If the seller is to deliver a tangible document of title, title passes at the time when and the place where the seller delivers such documents and if the seller is to deliver an electronic document of title, title passes when the seller delivers the document; or (b) If the goods are at the time of contracting already identified and no documents of title are to be delivered, title passes at the time and place of contracting.

4. A rejection or other refusal by the buyer to receive or retain the goods, whether or not justified, or a justified revocation of acceptance revests title to the goods in the seller. Such revesting occurs by operation of law and is not a “sale.”
Nev. Rev. Stat. § 104.2202 — NV Code / Title 8 / Chapter 104 / Section 104.2202
Final expression: Parol or extrinsic evidence
Status: in_force

Terms with respect to which the confirmatory memoranda of the parties agree or which are otherwise set forth in a record intended by the parties as a final expression of their agreement with respect to such terms as are included therein may not be contradicted by evidence of any prior agreement or of a contemporaneous oral agreement but may be explained or supplemented:

1. By course of performance, course of dealing or usage of trade ( NRS 104.1303 ); and

2. By evidence of consistent additional terms unless the court finds the record to have been intended also as a complete and exclusive statement of the terms of the agreement.
Nev. Rev. Stat. § 104.2107 — NV Code / Title 8 / Chapter 104 / Section 104.2107
Goods to be severed from realty: Recording
Status: in_force

1. A contract for the sale of minerals or the like (including oil and gas) or a structure or its materials to be removed from realty is a contract for the sale of goods within this article if they are to be severed by the seller but until severance a purported present sale thereof which is not effective as a transfer of an interest in land is effective only as a contract to sell.

2. A contract for the sale apart from the land of growing crops or other things attached to realty and capable of severance without material harm thereto but not described in subsection 1 or of timber to be cut is a contract for the sale of goods within this article whether the subject matter is to be severed by the buyer or by the seller even though it forms part of the realty at the time of contracting, and the parties can by identification effect a present sale before severance.

3. The provisions of this section are subject to any third party rights provided by the law relating to realty records, and the contract for sale may be executed and recorded as a document transferring an interest in land and shall then constitute notice to third parties of the buyer's rights under the contract for sale.
Nev. Rev. Stat. § 104A.2527 — NV Code / Title 8 / Chapter 104A / Section 104A.2527
Lessor's rights to dispose of goods
Status: in_force

1. After a default by a lessee under the lease contract of the type described in subsection 1 or paragraph (a) of subsection 3 of NRS 104A.2523 or after the lessor refuses to deliver or takes possession of goods ( NRS 104A.2525 or 104A.2526 ), or, if agreed, after other default by the lessee, the lessor may dispose of the goods concerned or the undelivered balance thereof by lease, sale or otherwise.

2. Except as otherwise provided with respect to damages liquidated in the lease agreement ( NRS 104A.2504 ) or otherwise determined pursuant to agreement of the parties ( NRS 104.1302 and 104A.2503 ), if the disposition is by lease agreement substantially similar to the original lease agreement and the lease agreement is made in good faith and in a commercially reasonable manner, the lessor may recover from the lessee as damages: (a) Accrued and unpaid rent as of the date of the commencement of the term of the new lease agreement; (b) The present value, as of the same date, of the total rent for the then remaining lease term of the original lease agreement minus the present value, as of the same date, of the rent under the new lease agreement applicable to that period of the new lease term which is comparable to the then remaining term of the original lease agreement; and (c) Any incidental damages allowed under NRS 104A.2530 , less expenses saved in consequence of the lessee's default.

3. If the lessor's disposition is by lease agreement that for any reason does not qualify for treatment under subsection 2, or is by sale or otherwise, the lessor may recover from the lessee as if the lessor had elected not to dispose of the goods and NRS 104A.2528 governs.

4. A subsequent buyer or lessee who buys or leases from the lessor in good faith for value as a result of a disposition under this section takes the goods free of the original lease contract and any rights of the original lessee even though the lessor fails to comply with one or more of the requirements of this Article.

5. The lessor is not accountable to the lessee for any profit made on any disposition. A lessee who has rightfully rejected or justifiably revoked acceptance shall account to the lessor for any excess over the amount of the lessee's security interest (subsection 5 of NRS 104A.2508 ).
Nev. Rev. Stat. § 97A.160 — NV Code / Title 8 / Chapter 97A / Section 97A.160
Records required in action to collect debt: Establishment of liability and amount; authentication; retention
Status: in_force

1. Notwithstanding the provisions of chapter 52 of NRS, in any action brought to collect a debt owed to an issuer: (a) The issuer may establish that the cardholder is contractually liable for the debt owed by submitting the written application for a credit card account submitted to the issuer by the cardholder or evidence that the cardholder incurred charges on the account and made payments thereon. (b) The amount owed may be established by photocopies of: (1) The periodic billing statements provided by the issuer; or (2) Information stored by the issuer on a computer, microfilm, microfiche or optical disc which indicate the amount of the debt owed.

2. The content of such records must be authenticated: (a) Pursuant to the procedures set forth in NRS 52.450 to 52.480 , inclusive; or (b) By the submission of a written affidavit sufficient to establish: (1) The affiant as the custodian of the written records offered as evidence; (2) That the written records offered as evidence were made in the ordinary course of the issuer's business; and (3) That the written records are true and correct copies of the records retained by the issuer.

3. The liability of a person other than the cardholder for the amount of any debt owed to an issuer may be established by evidence indicating that the person caused the charge to be incurred on the credit card account.

4. An issuer shall retain any record necessary to establish the existence and amount of any debt owed to the issuer for at least 24 months after the record is first published, issued or filed.
Nev. Rev. Stat. § 104.7503 — NV Code / Title 8 / Chapter 104 / Section 104.7503
Document of title to goods defeated in certain cases
Status: in_force

1. A document of title confers no right in goods against a person that before issuance of the document had a legal interest or a perfected security interest in the goods and that did not: (a) Deliver or entrust the goods or any document of title covering the goods to the bailor or the bailor's nominee with: (1) Actual or apparent authority to ship, store or sell; (2) Power to obtain delivery under NRS 104.7403 ; or (3) Power of disposition under NRS 104.2403 , 104.9320, subsection 3 of NRS 104.9321, subsection 2 of NRS 104A.2304 or subsection 2 of NRS 104A.2305 , or other statute or rule of law; or (b) Acquiesce in the procurement by the bailor or its nominee of any document.

2. Title to goods based upon an unaccepted delivery order is subject to the rights of any person to whom a negotiable warehouse receipt or bill of lading covering the goods has been duly negotiated. That title may be defeated under NRS 104.7504 to the same extent as the rights of the issuer or a transferee from the issuer.

3. Title to goods based upon a bill of lading issued to a freight forwarder is subject to the rights of any person to whom a bill issued by the freight forwarder is duly negotiated. However, delivery by the carrier in accordance with NRS 104.7401 to 104.7404 , inclusive, pursuant to its own bill of lading discharges the carrier's obligation to deliver.
Nev. Rev. Stat. § 104.2711 — NV Code / Title 8 / Chapter 104 / Section 104.2711
Buyer's remedies in general; buyer's security interest in rejected goods
Status: in_force

1. Where the seller fails to make delivery or repudiates or the buyer rightfully rejects or justifiably revokes acceptance then with respect to any goods involved, and with respect to the whole if the breach goes to the whole contract ( NRS 104.2612 ), the buyer may cancel and whether or not the buyer has done so may in addition to recovering so much of the price as has been paid: (a) “Cover” and have damages under the next section as to all the goods affected whether or not they have been identified to the contract; or (b) Recover damages for nondelivery as provided in this Article ( NRS 104.2713 ).

2. Where the seller fails to deliver or repudiates the buyer may also: (a) If the goods have been identified recover them as provided in this Article ( NRS 104.2502 ); or (b) In a proper case obtain specific performance or replevy the goods as provided in this Article ( NRS 104.2716 ).

3. On rightful rejection or justifiable revocation of acceptance a buyer has a security interest in goods in his or her possession or control for any payments made on their price and any expenses reasonably incurred in their inspection, receipt, transportation, care and custody and may hold such goods and resell them in like manner as an aggrieved seller ( NRS 104.2706 ).
Nev. Rev. Stat. § 104.8301 — NV Code / Title 8 / Chapter 104 / Section 104.8301
Delivery
Status: in_force

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 securities intermediary, acquires possession of the security certificate on behalf of the purchaser or, having previously acquired possession of the certificate, acknowledges that it holds for the purchaser; or (c) A securities intermediary acting on behalf of the purchaser acquires possession of the security certificate, only if the certificate is in registered form and is registered in the name of the purchaser, payable to the order of the purchaser, or specially endorsed to the purchaser by an effective endorsement and has not been endorsed to the securities intermediary or in blank.

2. Delivery of an uncertificated security to a purchaser occurs when: (a) The issuer registers the purchaser as the registered owner, upon original issue or registration of transfer; or (b) Another person, other than a securities intermediary, becomes the registered owner of the uncertificated security on behalf of the purchaser or, having previously become the registered owner, acknowledges that it holds for the purchaser.
Nev. Rev. Stat. § 104.3106 — NV Code / Title 8 / Chapter 104 / Section 104.3106
Unconditional promise or order
Status: in_force

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 states: (a) An express condition to payment; (b) That the promise or order is subject to or governed by another record; or (c) That rights or obligations with respect to the promise or order are stated in another record. A reference to another record does not of itself make the promise or order conditional.

2. A promise or order is not made conditional by a reference to another record for a statement of rights with respect to collateral, prepayment or acceleration, or because payment is limited to resort to a particular fund or source.

3. If a promise or order requires, as a condition to payment, a countersignature by a person whose specimen signature appears on the promise or order, the condition does not make the promise or order conditional for the purposes of subsection 1 of NRS 104.3104 . If the person whose specimen signature appears on an instrument fails to countersign the instrument, the failure to countersign is a defense to the obligation of the issuer, but the failure does not prevent a transferee of the instrument from becoming a holder of the instrument.

4. If a promise or order at the time it is issued or first comes into possession of a holder contains a statement, required by applicable statutory or administrative law, to the effect that the rights of a holder or transferee are subject to claims or defenses that the issuer could assert against the original payee, the promise or order is not thereby made conditional for the purposes of subsection 1 of NRS 104.3104 ; but if the promise or order is an instrument, there cannot be a holder in due course of the instrument.
Nev. Rev. Stat. § 104.2321 — NV Code / Title 8 / Chapter 104 / Section 104.2321
C.I.F. or C. & F.: “Net landed weights”; “payment on arrival”; warranty of condition on arrival
Status: in_force

Under a contract containing a term C.I.F. or C. & F.:

1. Where the price is based on or is to be adjusted according to “net landed weights,” “delivered weights,” “out turn” quantity or quality or the like, unless otherwise agreed the seller must reasonably estimate the price. The payment due on tender of the documents called for by the contract is the amount so estimated, but after final adjustment of the price a settlement must be made with commercial promptness.

2. An agreement described in subsection 1 or any warranty of quality or condition of the goods on arrival places upon the seller the risk of ordinary deterioration, shrinkage and the like in transportation but has no effect on the place or time of identification to the contract for sale or delivery or on the passing of the risk of loss.

3. Unless otherwise agreed where the contract provides for payment on or after arrival of the goods the seller must before payment allow such preliminary inspection as is feasible; but if the goods are lost delivery of the documents and payment are due when the goods should have arrived.
Nev. Rev. Stat. § 99.040 — NV Code / Title 8 / Chapter 99 / Section 99.040
Interest rate when not fixed by express contract for certain types of transactions
Status: in_force

1. When there is no express contract in writing fixing a different rate of interest, interest must be allowed at a rate equal to the prime rate at the largest bank in Nevada, as ascertained by the Commissioner of Financial Institutions, on January 1 or July 1, as the case may be, immediately preceding the date of the transaction, plus 2 percent, upon all money from the time it becomes due, in the following cases: (a) Upon contracts, express or implied, other than book accounts. (b) Upon the settlement of book or store accounts from the day on which the balance is ascertained. (c) Upon money received to the use and benefit of another and detained without his or her consent. (d) Upon wages or salary, if it is unpaid when due, after demand therefor has been made. The rate must be adjusted accordingly on each January 1 and July 1 thereafter until the judgment is satisfied.

2. The provisions of this section do not apply to money owed pursuant to chapter 624 of NRS which is governed by the provisions of NRS 624.630 .

3. As used in this section, “ book account ” means a detailed statement which: (a) Constitutes the principal record of one or more transactions between a debtor and a creditor arising out of a contract or some fiduciary relationship; (b) Shows the debits and credits in connection with that contract or fiduciary relationship and shows against whom and in favor of whom entries are made; (c) Is entered in the regular course of business as conducted by such creditor or fiduciary; and (d) Is kept in a reasonably permanent form and manner: (1) In a bound book; (2) On a sheet or sheets fastened in a book or to backing but detachable therefrom; (3) On a card or cards of a permanent character; or (4) In any other reasonably permanent form and manner.
Nev. Rev. Stat. § 104C.306 — NV Code / Title 8 / Chapter 104C / Section 104C.306
Priority of claims when priority rules of Article 9 do not apply
Status: in_force

1. Subject to subsections 2 and 3, Article 12 determines the priority of conflicting claims to Article 12 property when the priority rules of Article 9, as amended by chapter 505, Statutes of Nevada 2023, do not apply.

2. Subject to subsection 3, when the priority rules of Article 9, as amended by chapter 505, Statutes of Nevada 2023, do not apply and the priorities of claims to Article 12 property were established before October 1, 2023, law other than Article 12 determines priority.

3. When the priority rules of Article 9, as amended by chapter 505, Statutes of Nevada 2023, do not apply, to the extent the priorities determined by chapter 505, Statutes of Nevada 2023, modify the priorities established before October 1, 2023, the priorities of claims to Article 12 property established before October 1, 2023, cease to apply on July 1, 2025.
Nev. Rev. Stat. § 104.9623 — NV Code / Title 8 / Chapter 104 / Section 104.9623
Redemption of collateral
Status: in_force

1. A debtor, any secondary obligor or any other secured party or lienholder may redeem collateral.

2. To redeem collateral, a person must tender: (a) Fulfillment of all obligations secured by the collateral; and (b) The reasonable expenses and attorney's fees described in paragraph (a) of subsection 1 of NRS 104.9615 .

3. A redemption may occur at any time before a secured party: (a) Has collected collateral under NRS 104.9607 ; (b) Has disposed of collateral or entered into a contract for its disposition under NRS 104.9610 ; or (c) Has accepted collateral in full or partial satisfaction of the obligation it secures under NRS 104.9622 .
Nev. Rev. Stat. § 104.9324 — NV Code / Title 8 / Chapter 104 / Section 104.9324
Priority of purchase-money security interests
Status: in_force

1. Subject to subsection 2 and except as otherwise provided in subsection 7, a perfected purchase-money security interest in inventory has priority over a conflicting security interest in the same inventory, has priority over a conflicting security interest in chattel paper or an instrument constituting proceeds of the inventory and in proceeds of the chattel paper, if so provided in NRS 104.9330 , and, except as otherwise provided in NRS 104.9327 , also has priority in identifiable cash proceeds of the inventory to the extent the identifiable cash proceeds are received on or before the delivery of the inventory to a buyer, if: (a) The purchase-money security interest is perfected when the debtor receives possession of the inventory; (b) The purchase-money secured party sends a signed notification to the holder of the conflicting security interest; (c) The holder of the conflicting security interest receives the notification within 5 years before the debtor receives possession of the inventory; and (d) The notification states that the person sending the notification has or expects to acquire a purchase-money security interest in inventory of the debtor and describes the inventory.

2. Paragraphs (b), (c) and (d) of subsection 1 apply only if the holder of the conflicting security interest had filed a financing statement covering the same types of inventory: (a) If the purchase-money security interest is perfected by filing, before the date of the filing; or (b) If the purchase-money security interest is temporarily perfected without filing or possession under subsection 6 of NRS 104.9312 , before the beginning of the 20-day period thereunder.

3. Subject to subsection 5 and except as otherwise provided in subsection 7, a perfected purchase-money security interest in livestock that are farm products has priority over a conflicting security interest in the same livestock, and, except as otherwise provided in NRS 104.9327 , a perfected security interest in their identifiable proceeds and identifiable products in their unmanufactured states also has priority, if: (a) The purchase-money security interest is perfected when the debtor receives possession of the livestock; (b) The purchase-money secured party sends a signed notification to the holder of the conflicting security interest; (c) The holder of the conflicting security interest receives the notification within 6 months before the debtor receives possession of the livestock; and (d) The notification states that the person sending the notification has or expects to acquire a purchase-money security interest in livestock of the debtor and describes the livestock.

4. Paragraphs (b), (c) and (d) of subsection 3 apply only if the holder of the conflicting security interest had filed a financing statement covering the same types of livestock: (a) If the purchase-money security interest is perfected by filing, before the date of the filing; or (b) If the purchase-money security interest is temporarily perfected without filing or possession under subsection 6 of NRS 104.9312 , before the beginning of the 20-day period thereunder.

5. Except as otherwise provided in subsection 7, a perfected purchase-money security interest in goods other than inventory or livestock has priority over a conflicting security interest in the same goods, and, except as otherwise provided in NRS 104.9327 , a perfected security interest in its identifiable proceeds also has priority, if the purchase-money security interest is perfected when the debtor receives possession of the collateral or within 20 days thereafter.

6. Except as otherwise provided in subsection 7, a perfected purchase-money security interest in software has priority over a conflicting security interest in the same collateral, and, except as otherwise provided in NRS 104.9327 , a perfected security interest in its identifiable proceeds also has priority, to the extent that the purchase-money security interest in the goods in which the software was acquired for use has priority in the goods and proceeds of the goods under this section.

7. If more than one security interest qualifies for priority in the same collateral under subsection 1, 3, 5 or 6: (a) A security interest securing an obligation incurred as all or part of the price of the collateral has priority over a security interest securing an obligation incurred for value given to enable the debtor to acquire rights in or the use of collateral; and (b) In all other cases, subsection 1 of NRS 104.9322 applies to the qualifying security interests.
Nev. Rev. Stat. § 104.8404 — NV Code / Title 8 / Chapter 104 / Section 104.8404
Wrongful registration
Status: in_force

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 to a person not entitled to it, and the transfer was registered: (a) Pursuant to an ineffective endorsement or instruction; (b) After a demand that the issuer not register transfer became effective under subsection 1 of NRS 104.8403 and the issuer did not comply with subsection 2 of NRS 104.8403 ; (c) After the issuer had been served with an injunction, restraining order or other legal process enjoining it from registering the transfer, issued by a court of competent jurisdiction, and the issuer had a reasonable opportunity to act on the injunction, restraining order or other legal process; or (d) By an issuer acting in collusion with the wrongdoer.

2. An issuer that is liable for wrongful registration of transfer under subsection 1 on demand shall provide the person entitled to the security with a like certificated or uncertificated security and any payments or distributions that the person did not receive as a result of the wrongful registration. If an overissue would result, the issuer's liability to provide the person with a like security is governed by NRS 104.8210 .

3. Except as otherwise provided in subsection 1 or in a law relating to the collection of taxes, an issuer is not liable to an owner or any other person suffering loss as a result of the registration of transfer of a security if registration was made pursuant to an effective endorsement or instruction.
Nev. Rev. Stat. § 97.335 — NV Code / Title 8 / Chapter 97 / Section 97.335
Civil penalties
Status: in_force

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 of this section the district court issuing any injunction shall retain jurisdiction, the cause shall be continued, and in such cases the Attorney General acting in the name of the state may petition for the recovery of civil penalties.
Nev. Rev. Stat. § 104.9518 — NV Code / Title 8 / Chapter 104 / Section 104.9518
Claim concerning inaccurate record, wrongfully filed record or record filed by person not entitled to do so: Filing of information statement
Status: in_force

1. A person may file in the filing office an information statement with respect to a record indexed there under his or her name if the person believes that the record is inaccurate or was wrongfully filed.

2. An information statement under subsection 1 must: (a) Identify the record to which it relates by: (1) The file number assigned to the initial financing statement to which the record relates; and (2) If the information statement relates to a record filed or recorded in a filing office described in paragraph (a) of subsection 1 of NRS 104.9501 , the date that the initial financing statement was filed or recorded and the information specified in subsection 2 of NRS 104.9502 ; (b) Indicate that it is an information statement; and (c) Provide the basis for the person's belief that the record is inaccurate and indicate the manner in which the person believes the record should be amended to cure any inaccuracy or provide the basis for his or her belief that the record was wrongfully filed.

3. A person may file in the filing office an information statement with respect to a record filed there if the person is a secured party of record with respect to the financing statement to which the record relates and believes that the person that filed the record was not entitled to do so under subsection 3 of NRS 104.9509 .

4. An information statement under subsection 3 must: (a) Identify the record to which it relates by: (1) The file number assigned to the initial financing statement to which the record relates; and (2) If the information statement relates to a record filed or recorded in a filing office described in paragraph (a) of subsection 1 of NRS 104.9501 , the date that the initial financing statement was filed or recorded and the information specified in subsection 2 of NRS 104.9502 ; (b) Indicate that it is an information statement; and (c) Provide the basis for the person's belief that the person that filed the record was not entitled to do so under subsection 3 of NRS 104.9509 .

5. The filing of an information statement does not affect the effectiveness of an initial financing statement or other filed record.
Nev. Rev. Stat. § 104.3402 — NV Code / Title 8 / Chapter 104 / Section 104.3402
Signature by representative
Status: in_force

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 name of the signer, the represented person is bound by the signature to the same extent he or she would be bound if the signature were on a simple contract. If the represented person is bound, the signature of the representative is the “authorized signature of the represented person” and the represented person is liable on the instrument, whether or not identified in the instrument.

2. If a representative signs his or her own name to an instrument and the signature is an authorized signature of the represented person, the following rules apply: (a) If the form of the signature shows unambiguously that the signature is made on behalf of the represented person who is identified in the instrument, the representative is not liable on the instrument. (b) Except as otherwise provided in subsection 3, if the form of the signature does not show unambiguously that the signature is made in a representative capacity or the represented person is not identified in the instrument, the representative is liable on the instrument to a holder in due course that took the instrument without notice that the representative was not intended to be liable on the instrument. With respect to any other person, the representative is liable on the instrument unless the representative proves that the original parties did not intend the representative to be liable on the instrument.

3. If a representative signs his or her own name as drawer of a check without indication of the representative status and the check is payable from an account of the represented person who is identified on the check, the signer is not liable on the check if the signature is an authorized signature of the represented person.
Nev. Rev. Stat. § 104A.4507 — NV Code / Title 8 / Chapter 104A / Section 104A.4507
Choice of law
Status: in_force

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 sender of a payment order and the receiving bank are governed by the law of the jurisdiction in which the receiving bank is located. (b) The rights and obligations between the beneficiary's bank and the beneficiary are governed by the law of the jurisdiction in which the beneficiary's bank is located. (c) The issue of when payment is made pursuant to a funds transfer by the originator to the beneficiary is governed by the law of the jurisdiction in which the beneficiary's bank is located.

2. If the parties described in each paragraph of subsection 1 have made an agreement selecting the law of a particular jurisdiction to govern rights and obligations between each other, the law of that jurisdiction governs those rights and obligations, whether or not the payment order or the funds transfer bears a reasonable relation to that jurisdiction.

3. A funds-transfer system rule may select the law of a particular jurisdiction to govern rights and obligations between participating banks with respect to payment orders transmitted or processed through the system, or the rights and obligations of some or all parties to a funds transfer any part of which is carried out by means of the system. A choice of law concerning rights and obligations between participating banks is binding on participating banks. A choice of law concerning rights and obligations of parties generally is binding on the originator, other sender, or a receiving bank having notice that the funds-transfer system might be used in the funds transfer and of the choice of law by the system when the originator, other sender, or receiving bank issued or accepted a payment order. The beneficiary of a funds transfer is bound by the choice of law if, when the funds transfer is initiated, the beneficiary has notice that the funds-transfer system might be used in the funds transfer and of the choice of law by the system. The law of a jurisdiction selected pursuant to this subsection may govern, whether or not that law bears a reasonable relation to the matter in issue.

4. In the event of inconsistency between an agreement under subsection 2 and a choice-of-law rule under subsection 3, the agreement under subsection 2 prevails.

5. If a funds transfer is made by use of more than one funds-transfer system and there is inconsistency between choice-of-law rules of the systems, the matter in issue is governed by the law of the selected jurisdiction that has the most significant relationship to the matter in issue.
Nev. Rev. Stat. § 104.2725 — NV Code / Title 8 / Chapter 104 / Section 104.2725
Statute of limitations in contracts for sale
Status: in_force

1. An action for breach of any contract for sale must be commenced within 4 years after the cause of action has accrued. By the original agreement the parties may reduce the period of limitation to not less than 1 year but may not extend it.

2. A cause of action accrues when the breach occurs, regardless of the aggrieved party's lack of knowledge of the breach. A breach of warranty occurs when tender of delivery is made, except that where a warranty explicitly extends to future performance of the goods and discovery of the breach must await the time of such performance the cause of action accrues when the breach is or should have been discovered.

3. Where an action commenced within the time limited by subsection 1 is so terminated as to leave available a remedy by another action for the same breach such other action may be commenced after the expiration of the time limited and within 6 months after the termination of the first action unless the termination resulted from voluntary discontinuance or from dismissal for failure or neglect to prosecute.

4. This section does not alter the law on tolling of the statute of limitations nor does it apply to causes of action which have accrued before this chapter becomes effective.
Nev. Rev. Stat. § 104.9617 — NV Code / Title 8 / Chapter 104 / Section 104.9617
Effect of disposition of collateral by secured party after default; rights of transferee regarding collateral
Status: in_force

1. A secured party's disposition of collateral after default: (a) Transfers to a transferee for value all of the debtor's rights in the collateral; (b) Discharges the security interest under which the disposition is made; and (c) Discharges any subordinate security interest or other subordinate lien.

2. A transferee that acts in good faith takes free of the rights and interests described in subsection 1, even if the secured party fails to comply with this article or the requirements of any judicial proceeding.

3. If a transferee does not take free of the rights and interests described in subsection 1, the transferee takes the collateral subject to: (a) The debtor's rights in the collateral; (b) The security interest or agricultural lien under which the disposition is made; and (c) Any other security interest or other lien.
Nev. Rev. Stat. § 104A.4505 — NV Code / Title 8 / Chapter 104A / Section 104A.4505
Preclusion of objection to debit of customer's account
Status: in_force

If a receiving bank has received payment from its customer with respect to a payment order issued in the name of the customer as sender and accepted by the bank, and the customer received notification reasonably identifying the order, the customer is precluded from asserting that the bank is not entitled to retain the payment unless the customer notifies the bank of his or her objection to the payment within 1 year after the notification was received by him or her.
Nev. Rev. Stat. § 104.930602 — NV Code / Title 8 / Chapter 104 / Section 104.930602
Law governing perfection and priority of security interests in controllable accounts, controllable electronic records and controllable payment intangibles
Status: in_force

1. Except as provided in subsection 2, the law of the controllable electronic record's jurisdiction specified in subsections 3 and 4 of NRS 104B.12107 governs perfection, the effect of perfection or nonperfection, and the priority of a security interest in a controllable electronic record and a security interest in a controllable account or controllable payment intangible evidenced by the controllable electronic record.

2. The law of the jurisdiction in which the debtor is located governs: (a) Perfection of a security interest in a controllable account, controllable electronic record or controllable payment intangible by filing; and (b) Automatic perfection of a security interest in a controllable payment intangible created by a sale of the controllable payment intangible.
Nev. Rev. Stat. § 104.8406 — NV Code / Title 8 / Chapter 104 / Section 104.8406
Obligation to notify issuer of lost, destroyed or wrongfully taken security certificate
Status: in_force

If a security certificate has been lost, apparently destroyed or wrongfully taken and the owner fails to notify the issuer of that fact within a reasonable time after the owner has notice of it and the issuer registers a transfer of the security before receiving notification, the owner may not assert against the issuer a claim for registering the transfer under NRS 104.8404 or a claim to a new security certificate under NRS 104.8405 .
Nev. Rev. Stat. § 104.8401 — NV Code / Title 8 / Chapter 104 / Section 104.8401
Duty of issuer to register transfer
Status: in_force

1. If a certificated security in registered form is presented to an issuer with a request to register transfer or an instruction is presented to an issuer with a request to register transfer of an uncertificated security, the issuer shall register the transfer, pledge or release as requested if: (a) Under the terms of the security, the person seeking registration of transfer is eligible to have the security registered in his or her name; (b) The endorsement or instruction is made by the appropriate person or by an agent who has actual authority to act on behalf of the appropriate person; (c) Reasonable assurance is given that the endorsement or instruction is genuine and authorized; (d) Any applicable law relating to the collection of taxes has been complied with; (e) The transfer does not violate any restriction on transfer imposed by the issuer in accordance with NRS 104.8204 ; (f) A demand that the issuer not register transfer has not become effective under NRS 104.8403 , or the issuer has complied with subsection 2 of that section but no legal process or indemnity bond is obtained as provided in subsection 4 of that section; and (g) The transfer is in fact rightful or is to a protected purchaser.

2. If an issuer is under a duty to register a transfer of a security, the issuer is liable to the person presenting a certificated security or an instruction for registration or his or her principal for loss resulting from unreasonable delay in registration or failure or refusal to register the transfer.
Nev. Rev. Stat. § 104A.2209 — NV Code / Title 8 / Chapter 104A / Section 104A.2209
Lessee under finance lease as beneficiary of supply contract
Status: in_force

1. The benefit of the supplier's promises to the lessor under the supply contract and of all warranties, whether express or implied, including those of any third party provided in connection with or as part of the supply contract, extends to the lessee to the extent of the lessee's leasehold interest under a finance lease related to the supply contract, but subject to the terms of the warranty and of the supply contract and all defenses or claims arising therefrom.

2. The extension of the benefit of a supplier's promises and of warranties to the lessee (subsection 1) does not: (a) Modify the rights and obligations of the parties to the supply contract, whether arising therefrom or otherwise; or (b) Impose any duty or liability under the supply contract on the lessee.

3. Any modification or rescission of the supply contract by the supplier and the lessor is effective between the supplier and the lessee unless, before the modification or rescission, the supplier has received notice that the lessee has entered into a finance lease related to the supply contract. If the modification or rescission is effective between the supplier and the lessee, the lessor is deemed to have assumed, in addition to his or her obligations to the lessee under the lease contract, promises of the supplier to the lessor and warranties that were so modified or rescinded as they existed and were available to the lessee before modification or rescission.

4. In addition to the extension of the benefit of the supplier's promises and of warranties to the lessee under subsection 1, the lessee retains all rights that the lessee may have against the supplier which arise from an agreement between the lessee and the supplier or under other law.
Nev. Rev. Stat. § 97.025 — NV Code / Title 8 / Chapter 97 / Section 97.025
“Cash sale price” defined
Status: in_force

“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 from the seller, the goods or services which are the subject matter of a retail installment transaction, if the sale had been a sale for cash. The cash sale price may include any taxes, registration and license fees, and charges for transferring vehicle titles, delivery, installation, servicing, repairs, alterations or improvements.
Nev. Rev. Stat. § 104.9335 — NV Code / Title 8 / Chapter 104 / Section 104.9335
Accessions
Status: in_force

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 when the collateral becomes an accession, the security interest remains perfected in the collateral.

3. Except as otherwise provided in subsection 4, the other provisions of this part determine the priority of a security interest in an accession.

4. A security interest in an accession is subordinate to a security interest in the whole which is perfected by compliance with the requirements of a certificate-of-title statute under subsection 2 of NRS 104.9311 .

5. After default, subject to part 6, a secured party may remove an accession from other goods if the security interest in the accession has priority over the claims of every person having an interest in the whole.

6. A secured party that removes an accession from other goods under subsection 5 shall promptly reimburse any holder of a security interest or other lien on, or owner of, the whole or of the other goods, other than the debtor, for the cost of repair of any physical injury to the whole or the other goods. The secured party need not reimburse the holder or owner for any diminution in value of the whole or the other goods caused by the absence of the accession removed or by any necessity for replacing it. A person entitled to reimbursement may refuse permission to remove until the secured party gives adequate assurance for the performance of the obligation to reimburse.
Nev. Rev. Stat. § 104.3602 — NV Code / Title 8 / Chapter 104 / Section 104.3602
Payment
Status: in_force

1. Subject to subsection 5, an instrument is paid to the extent payment is made by or on behalf of a party obliged to pay the instrument, and to a person entitled to enforce the instrument.

2. Subject to subsection 5, a note is paid to the extent payment is made by or on behalf of a party obliged to pay the note to a person who formerly was entitled to enforce the note only if at the time of the payment the party obliged to pay has not received adequate notification that the note has been transferred and that payment is to be made to the transferee. A notification is adequate only if it: (a) Is signed by the transferor or the transferee; (b) Reasonably identifies the transferred note; and (c) Provides an address at which payments subsequently are to be made. Upon request, a transferee shall seasonably furnish reasonable proof that the note has been transferred. Unless the transferee complies with the request, a payment to the person that formerly was entitled to enforce the note is effective for purposes of subsection 3 even if the party obliged to pay the note has received a notification under this subsection.

3. Subject to subsection 5, to the extent of a payment under subsections 1 and 2, the obligation of the party obliged to pay the instrument is discharged even though payment is made with knowledge of a claim to the instrument under NRS 104.3306 by another person.

4. Subject to subsection 5, a transferee, or any party that has acquired rights in the instrument directly or indirectly from a transferee, including any such party that has rights as a holder in due course, is deemed to have notice of any payment that is made under subsection 2 after the date that the note is transferred to the transferee but before the party obliged to pay the note receives adequate notification of the transfer.

5. The obligation of a party to pay the instrument is not discharged under subsections 1 to 4, inclusive, if: (a) A claim to the instrument under NRS 104.3306 is enforceable against the party receiving payment and: (1) Payment is made with knowledge by the payor that payment is prohibited by injunction or similar process of a court of competent jurisdiction; or (2) In the case of an instrument other than a cashier's check, teller's check or certified check, the party making payment accepted, from the person having a claim to the instrument, indemnity against loss resulting from refusal to pay the person entitled to enforce the instrument; or (b) The person making payment knows that the instrument is a stolen instrument and pays a person he or she knows is in wrongful possession of the instrument.

6. As used in this section, “ signed ,” with respect to a record that is not a writing, includes the attachment to or logical association with the record of an electronic symbol, sound, or process with the present intent to adopt or accept the record.
Nev. Rev. Stat. § 104.9620 — NV Code / Title 8 / Chapter 104 / Section 104.9620
Acceptance of collateral in full or partial satisfaction of obligation; compulsory disposition of collateral
Status: in_force

1. Except as otherwise provided in subsection 7, a secured party may accept collateral in full or partial satisfaction of the obligation it secures only if: (a) The debtor consents to the acceptance under subsection 3; (b) The secured party does not receive, within the time set forth in subsection 4, a notification of objection to the proposal signed by: (1) A person to which the secured party was required to send a proposal under NRS 104.9621 ; or (2) Any other person, other than the debtor, holding an interest in the collateral subordinate to the security interest that is the subject of the proposal; (c) If the collateral is consumer goods, the collateral is not in the possession of the debtor when the debtor consents to the acceptance; and (d) Subsection 5 does not require the secured party to dispose of the collateral.

2. A purported or apparent acceptance of collateral under this section is ineffective unless: (a) The secured party consents to the acceptance in a signed record or sends a proposal to the debtor; and (b) The conditions of subsection 1 are met.

3. For purposes of this section: (a) A debtor consents to an acceptance of collateral in partial satisfaction of the obligation it secures only if the debtor agrees to the terms of the acceptance in a record signed after default; and (b) A debtor consents to an acceptance of collateral in full satisfaction of the obligation it secures only if the debtor agrees to the terms of the acceptance in a record signed after default or the secured party: (1) Sends to the debtor after default a proposal that is unconditional or subject only to a condition that collateral not in the possession of the secured party be preserved or maintained; (2) In the proposal, proposes to accept collateral in full satisfaction of the obligation it secures; and (3) Does not receive a notification of objection signed by the debtor within 20 days after the proposal is sent.

4. To be effective under paragraph (b) of subsection 1, a notification of objection must be received by the secured party: (a) In the case of a person to which the proposal was sent pursuant to NRS 104.9621 , within 20 days after notification was sent to the person; and (b) In other cases: (1) Within 20 days after the last notification was sent pursuant to NRS 104.9621 ; or (2) If a notification was not sent, before the debtor consents to the acceptance under subsection 3.

5. A secured party that has taken possession of collateral shall dispose of the collateral pursuant to NRS 104.9610 within the time specified in subsection 6 if: (a) Sixty percent of the cash price has been paid in the case of a purchase-money security interest in consumer goods; or (b) Sixty percent of the principal amount of the obligation secured has been paid in the case of a non-purchase-money security interest in consumer goods.

6. To comply with subsection 5, the secured party shall dispose of the collateral: (a) Within 90 days after taking possession; or (b) Within any longer period to which the debtor and all secondary obligors have agreed in an agreement to that effect entered into and signed after default.

7. In a consumer transaction, a secured party may not accept collateral in partial satisfaction of the obligation it secures.
Nev. Rev. Stat. § 104C.301 — NV Code / Title 8 / Chapter 104C / Section 104C.301
Saving clause
Status: in_force

1. Except as provided in this Part, Article 9, as amended by chapter 505, Statutes of Nevada 2023, and Article 12 apply to a transaction, lien or other interest in property, even if the transaction, lien or interest was entered into, created or acquired before October 1, 2023.

2. Except as provided in subsection 3 and NRS 104C.302 to 104C.306 , inclusive: (a) A transaction, lien or interest in property that was validly entered into, created or transferred before October 1, 2023, and was not governed by the Uniform Commercial Code, but would be subject to Article 9, as amended by chapter 505, Statutes of Nevada 2023, or Article 12 if it had been entered into, created or transferred on or after October 1, 2023, including the rights, duties and interests flowing from the transaction, lien or interest, remains valid on and after October 1, 2023; and (b) The transaction, lien or interest may be terminated, completed, consummated and enforced as required or permitted by chapter 505, Statutes of Nevada 2023, or by the law that would apply if chapter 505, Statutes of Nevada 2023, had not taken effect.

3. Chapter 505, Statutes of Nevada 2023, does not affect an action, case or proceeding commenced before October 1, 2023.
Nev. Rev. Stat. § 104A.2210 — NV Code / Title 8 / Chapter 104A / Section 104A.2210
Express warranties
Status: in_force

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 to the goods and becomes part of the basis of the bargain creates an express warranty that the goods will conform to the affirmation or promise. (b) Any description of the goods which is made part of the basis of the bargain creates an express warranty that the goods will conform to the description. (c) Any sample or model that is made part of the basis of the bargain creates an express warranty that the whole of the goods will conform to the sample or model.

2. It is not necessary to the creation of an express warranty that the lessor use formal words, such as “warrant” or “guarantee,” or that the lessor have a specific intention to make a warranty, but an affirmation merely of the value of the goods or a statement purporting to be merely the lessor's opinion or commendation of the goods does not create a warranty.
Nev. Rev. Stat. § 104.9339 — NV Code / Title 8 / Chapter 104 / Section 104.9339
Priority subject to subordination by agreement
Status: in_force

This article does not preclude subordination by agreement by a person entitled to priority.
Nev. Rev. Stat. § 104.2302 — NV Code / Title 8 / Chapter 104 / Section 104.2302
Unconscionable contract or clause
Status: in_force

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 it was made the court may refuse to enforce the contract, or it may enforce the remainder of the contract without the unconscionable clause, or it may so limit the application of any unconscionable clause as to avoid any unconscionable result.

2. When it is claimed or appears to the court that the contract or any clause thereof may be unconscionable the parties shall be afforded a reasonable opportunity to present evidence as to its commercial setting, purpose and effect to aid the court in making the determination.
Nev. Rev. Stat. § 97B.070 — NV Code / Title 8 / Chapter 97B / Section 97B.070
“Consumer form contract” defined
Status: in_force

1. “ Consumer form contract ” means a retail charge agreement or a retail installment contract involving a retail installment transaction in writing between a retail seller and a consumer buyer, or a lease in writing between a lessor and a consumer lessee, involving the sale or lease of goods or services, including, without limitation, credit or financial services, primarily for personal, family or household purposes and which has either been drafted by the business or by a third party for use with more than one consumer, unless a second consumer is the spouse of the first consumer.

2. As used in this section: (a) “Buyer” has the meaning ascribed to it in NRS 97.085 . (b) “Goods” has the meaning ascribed to it in NRS 97.035 . (c) “Retail charge agreement” has the meaning ascribed to it in NRS 97.095 . (d) “Retail installment contract” has the meaning ascribed to it in NRS 97.105 . (e) “Retail installment transaction” has the meaning ascribed to it in NRS 97.115 . (f) “Retail seller” has the meaning ascribed to it in NRS 97.125 . (g) “Services” has the meaning ascribed to it in NRS 97.135 .
Nev. Rev. Stat. § 104.3412 — NV Code / Title 8 / Chapter 104 / Section 104.3412
Obligation of issuer of note or cashier's check
Status: in_force

1. The issuer of a note or cashier's check or other draft drawn on the drawer is obliged to pay the instrument: (a) According to its terms at the time it was issued or, if not issued, at the time it first came into possession of a holder; or (b) If the issuer signed an incomplete instrument, according to its terms when completed, to the extent stated in NRS 104.3115 and 104.3407 .

2. The obligation is owed to a person entitled to enforce the instrument or to an endorser who paid the instrument under NRS 104.3415 .
Nev. Rev. Stat. § 104.9401 — NV Code / Title 8 / Chapter 104 / Section 104.9401
Alienability of debtor's rights
Status: in_force

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 involuntarily transferred is governed by law other than this article.

2. An agreement between the debtor and secured party which prohibits a transfer of the debtor's rights in collateral or makes the transfer a default does not prevent the transfer from taking effect.
Nev. Rev. Stat. § 104.7303 — NV Code / Title 8 / Chapter 104 / Section 104.7303
Diversion; reconsignment; change of instructions
Status: in_force

1. Unless the bill of lading otherwise provides, a carrier may deliver the goods to a person or destination other than that stated in the bill or may otherwise dispose of the goods, without liability for misdelivery, on instructions from: (a) The holder of a negotiable bill; (b) The consignor on a nonnegotiable bill, even if the consignee has given contrary instructions; (c) The consignee on a nonnegotiable bill in the absence of contrary instructions from the consignor, if the goods have arrived at the billed destination or if the consignee is in possession of the tangible bill or in control of the electronic bill; or (d) The consignee on a nonnegotiable bill, if the consignee is entitled as against the consignor to dispose of the goods.

2. Unless instructions described in subsection 1 are included in a negotiable bill of lading, a person to whom the bill is duly negotiated may hold the bailee according to the original terms.
Nev. Rev. Stat. § 104.2614 — NV Code / Title 8 / Chapter 104 / Section 104.2614
Substituted performance
Status: in_force

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 of delivery otherwise becomes commercially impracticable but a commercially reasonable substitute is available, such substitute performance must be tendered and accepted.

2. If the agreed means or manner of payment fails because of domestic or foreign governmental regulation, the seller may withhold or stop delivery unless the buyer provides a means or manner of payment which is commercially a substantial equivalent. If delivery has already been taken, payment by the means or in the manner provided by the regulation discharges the buyer's obligation unless the regulation is discriminatory, oppressive or predatory.
Nev. Rev. Stat. § 104.9341 — NV Code / Title 8 / Chapter 104 / Section 104.9341
Bank's rights and duties with respect to deposit account
Status: in_force

Except as otherwise provided in subsection 3 of NRS 104.9340 , and unless the bank otherwise agrees in a signed record, a bank's rights and duties with respect to a deposit account maintained with the bank are not terminated, suspended or modified by:

1. The creation, attachment or perfection of a security interest in the deposit account;

2. The bank's knowledge of the security interest; or

3. The bank's receipt of instructions from the secured party.
Nev. Rev. Stat. § 104C.304 — NV Code / Title 8 / Chapter 104C / Section 104C.304
Effectiveness of actions taken before October 1, 2023
Status: in_force

1. If action, other than the filing of a financing statement, is taken before October 1, 2023, and the action would have resulted in perfection of the security interest had the security interest become enforceable before October 1, 2023, the action is effective to perfect a security interest that attaches under chapter 505, Statutes of Nevada 2023, before July 1, 2025. An attached security interest becomes unperfected on July 1, 2025, unless the security interest becomes a perfected security interest under chapter 505, Statutes of Nevada 2023, before July 1, 2025.

2. The filing of a financing statement before October 1, 2023, is effective to perfect a security interest on October 1, 2023, to the extent the filing would satisfy the requirements for perfection under chapter 505, Statutes of Nevada 2023.

3. The taking of an action before October 1, 2023, is sufficient for the enforceability of a security interest on October 1, 2023, if the action would satisfy the requirements for enforceability under chapter 505, Statutes of Nevada 2023.