reglab/statecodes huggingface dataset:
2023 Nevada Revised Statutes › Chapter 104A - Uniform Commercial Code—Additional Articles › NRS 104A.4404 - Obligation of beneficiary’s bank to pay and give notice to beneficiary.

1. Except as otherwise provided in subsection 5 of NRS 104A.4211 and subsections 4 and 5 of NRS 104A.4405, if a beneficiary’s bank accepts a payment order, the bank is obliged to pay the amount of the order to the beneficiary of the order. Payment is due on the payment date of the order, but if acceptance occurs on the payment date after the close of the funds-transfer business day of the bank, payment is due on the next funds-transfer business day. If the bank refuses to pay after demand by the beneficiary and receipt of notice of particular circumstances that will give rise to consequential damages as a result of nonpayment, the beneficiary may recover damages resulting from the refusal to pay to the extent the bank had notice of the damages, unless the bank proves that it did not pay because of a reasonable doubt concerning the right of the beneficiary to payment.
2. If a payment order accepted by the beneficiary’s bank instructs payment to an account of the beneficiary, the bank is obliged to notify the beneficiary of receipt of the order before midnight of the next funds-transfer business day following the payment date. If the payment order does not instruct payment to an account of the beneficiary, the bank is required to notify the beneficiary only if notice is required by the order. Notice may be given by first-class mail or any other means reasonable in the circumstances. If the bank fails to give the required notice, the bank is obliged to pay interest to the beneficiary on the amount of the payment order from the day notice should have been given until the day the beneficiary learned of receipt of the payment order by the bank. No other damages are recoverable. Reasonable attorney’s fees are also recoverable if demand for interest is made and refused before an action is brought on the claim.
3. The right of a beneficiary to receive payment and damages as stated in subsection 1 may not be varied by agreement or a funds-transfer system rule. The right of a beneficiary to be notified as stated in subsection 2 may be varied by agreement of the beneficiary or by a funds-transfer system rule if the beneficiary is notified of the rule before initiation of the funds transfer.
(Added to NRS by 1991, 444)
2023 Nevada Revised Statutes › Chapter 104A - Uniform Commercial Code—Additional Articles › NRS 104A.4406 - Payment by originator to beneficiary; discharge of underlying obligation.

1. Except as otherwise provided in subsection 5 of NRS 104A.4211 and subsections 4 and 5 of NRS 104A.4405, the originator of a funds transfer pays the beneficiary of the originator’s payment order at the time a payment order for the benefit of the beneficiary is accepted by the beneficiary’s bank in the funds transfer and in an amount equal to the amount of the order accepted by the beneficiary’s bank, but not more than the amount of the originator’s order.
2. If payment under subsection 1 is made to satisfy an obligation, the obligation is discharged to the same extent discharge would result from payment to the beneficiary of the same amount in money, unless:
(a) The payment under subsection 1 was made by a means prohibited by the contract of the beneficiary with respect to the obligation;
(b) The beneficiary, within a reasonable time after receiving notice of receipt of the order by the beneficiary’s bank, notified the originator of the beneficiary’s refusal of the payment;
(c) Funds with respect to the order were not withdrawn by the beneficiary or applied to a debt of the beneficiary; and
(d) The beneficiary would suffer a loss that could reasonably have been avoided if payment had been made by a means complying with the contract.
If payment by the originator does not result in discharge under this section, the originator is subrogated to the rights of the beneficiary to receive payment from the beneficiary’s bank under subsection 1 of NRS 104A.4404.
3. For the purpose of determining whether discharge of an obligation occurs under subsection 2, if the beneficiary’s bank accepts a payment order in an amount equal to the amount of the originator’s payment order less charges of one or more receiving banks in the funds transfer, payment to the beneficiary is deemed to be in the amount of the originator’s order unless upon demand by the beneficiary the originator does not pay the beneficiary the amount of the deducted charges.
4. Rights of the originator or of the beneficiary of a funds transfer under this section may be varied only by agreement of the originator and the beneficiary.
(Added to NRS by 1991, 445)
2023 Nevada Revised Statutes › Chapter 104A - Uniform Commercial Code—Additional Articles › NRS 104A.4501 - Variation by agreement and effect of funds-transfer system rule.

1. Except as otherwise provided in this article, the rights and obligations of a party to a funds transfer may be varied by agreement of the affected party.
2. "Funds-transfer system rule" means a rule of an association of banks governing transmission of payment orders by means of a funds-transfer system of the association or rights and obligations with respect to those orders, or to the extent the rule governs rights and obligations between banks that are parties to a funds transfer in which a Federal Reserve bank, acting as an intermediary bank, sends a payment order to the beneficiary’s bank. Except as otherwise provided in this article, a funds-transfer system rule governing rights and obligations between participating banks using the system may be effective even if the rule conflicts with this article and indirectly affects another party to the funds transfer who does not consent to the rule. A funds-transfer system rule may also govern rights and obligations of parties other than participating banks using the system to the extent stated in subsection 3 of NRS 104A.4404, subsection 4 of NRS 104A.4405, and subsection 3 of NRS 104A.4507.
(Added to NRS by 1991, 446)
2023 Nevada Revised Statutes › Chapter 104A - Uniform Commercial Code—Additional Articles › NRS 104A.4502 - Creditor’s process served on receiving bank; setoff by beneficiary’s bank.

1. As used in this section, "creditor’s process" means levy, attachment, garnishment, notice of lien, sequestration, or similar process issued by or on behalf of a creditor or other claimant with respect to an account.
2. If creditor’s process with respect to an authorized account of the sender of a payment order is served on the receiving bank, and the receiving bank accepts the payment order, the balance in the authorized account available for satisfaction of the creditor’s process is deemed to be reduced by the amount of the payment order to the extent the bank did not otherwise receive payment of the order, unless the creditor’s process is served at a time and in a manner affording the bank a reasonable opportunity to act on it before the bank accepts the payment order.
3. If a beneficiary’s bank has received a payment order for payment to the beneficiary’s account in the bank, the following rules apply:
(a) The bank may credit the beneficiary’s account. The amount credited may be set off against an obligation owed by the beneficiary to the bank or may be applied to satisfy creditor’s process served on the bank with respect to the account.
(b) The bank may credit the beneficiary’s account and allow withdrawal of the amount credited unless creditor’s process with respect to the account is served at a time and in a manner affording the bank a reasonable opportunity to act to prevent withdrawal.
(c) If creditor’s process with respect to the beneficiary’s account has been served and the bank has had a reasonable opportunity to act on it, the bank may not reject the payment order except for a reason unrelated to the service of process.
4. Creditor’s process with respect to a payment by the originator to the beneficiary pursuant to a funds transfer may be served only on the beneficiary’s bank with respect to the debt owed by that bank to the beneficiary. Any other bank served with the creditor’s process is not obliged to act with respect to the process.
(Added to NRS by 1991, 446)
2023 Nevada Revised Statutes › Chapter 104A - Uniform Commercial Code—Additional Articles › NRS 104A.4503 - Injunction or restraining order with respect to funds transfer.

1. For proper cause and in compliance with applicable law, a court may restrain:
(a) A person from issuing a payment order to initiate a funds transfer;
(b) An originator’s bank from executing the payment order of the originator; or
(c) The beneficiary’s bank from releasing funds to the beneficiary or the beneficiary from withdrawing the funds.
2. A court may not otherwise restrain a person from issuing a payment order, paying or receiving payment of a payment order, or otherwise acting with respect to a funds transfer.
(Added to NRS by 1991, 447)
2023 Nevada Revised Statutes › Chapter 104A - Uniform Commercial Code—Additional Articles › NRS 104A.4504 - Order in which items and payment orders may be charged to account; order of withdrawals from account.

1. If a receiving bank has received more than one payment order of the sender or one or more payment orders and other items that are payable from the sender’s account, the bank may charge the sender’s account with respect to the various orders and items in any sequence.
2. In determining whether a credit to an account has been withdrawn by the holder of the account or applied to a debt of the holder of the account, credits first made to the account are first withdrawn or applied.
(Added to NRS by 1991, 447)
2023 Nevada Revised Statutes › Chapter 104A - Uniform Commercial Code—Additional Articles › NRS 104A.4505 - Preclusion of objection to debit of customer’s account.

If a receiving bank has received payment from its customer with respect to a payment order issued in the name of the 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.
(Added to NRS by 1991, 447)
2023 Nevada Revised Statutes › Chapter 104A - Uniform Commercial Code—Additional Articles › NRS 104A.4506 - Rate of interest.

1. If, under this article, a receiving bank is obliged to pay interest with respect to a payment order issued to the bank, the amount payable may be determined:
(a) By agreement of the sender and receiving bank; or
(b) By a funds-transfer system rule if the payment order is transmitted through a funds-transfer system.
2. If the amount of interest is not determined by an agreement or rule as stated in subsection 1, the amount is calculated by multiplying the applicable Federal Funds rate by the amount on which interest is payable, and then multiplying the product by the number of days for which interest is payable. The applicable Federal Funds rate is the average of the Federal Funds rates published by the Federal Reserve bank of New York for each of the days for which interest is payable divided by 360. The Federal Funds rate for any day on which a published rate is not available is the same as the published rate for the next preceding day for which there is a published rate. If a receiving bank that accepted a payment order is required to refund payment to the sender of the order because the funds transfer was not completed, but the failure to complete was not due to any fault by the bank, the interest payable is reduced by a percentage equal to the reserve requirement on deposits of the receiving bank.
(Added to NRS by 1991, 448)
2023 Nevada Revised Statutes › Chapter 104A - Uniform Commercial Code—Additional Articles › NRS 104A.4507 - Choice of law.

1. The following rules govern choice of law unless the affected parties otherwise agree or subsection 3 applies:
(a) The rights and obligations between the 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.
(Added to NRS by 1991, 448)
2023 Nevada Revised Statutes › Chapter 104B - Uniform Commercial Code—Article 12-Controllable Electronic Records › NRS 104B.12102 - Definitions.

1. In this Article:
(a) "Controllable electronic record" means a record stored in an electronic medium that can be subjected to control under NRS 104B.12105. The term does not include a controllable account, a controllable payment intangible, a deposit account, an electronic copy of a record evidencing chattel paper, an electronic document of title, investment property, a transferable record or an electronic record that is currently authorized or adopted by a domestic or foreign government and is not a medium of exchange that was recorded and transferable in a system that existed and operated for the medium of exchange before the medium of exchange was authorized or adopted by a government.
(b) "Qualifying purchaser" means a purchaser of a controllable electronic record or an interest in a controllable electronic record that obtains control of the controllable electronic record for value, in good faith, and without notice of a claim of a property right in the controllable electronic record.
(c) "Transferable record" has the meaning provided for that term in:
(1) Section 201(a)(1) of the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7021(a)(1), as amended; or
(2) Subsection 1 of NRS 719.330.
(d) "Value" has the meaning provided in subsection 1 of NRS 104.3303, as if references in that subsection to an "instrument" were references to a controllable account, controllable electronic record or controllable payment intangible.
2. The following definitions in Article 9 apply to this Article:
"Account debtor." NRS 104.9102.
"Chattel paper." NRS 104.9102.
"Controllable account." NRS 104.9102.
"Controllable payment intangible." NRS 104.9102.
"Deposit account." NRS 104.9102.
"Investment property." NRS 104.9102.
3. Article 1 contains general definitions and principles of construction and interpretation applicable throughout this Article.
(Added to NRS by 2023, 3169)
2023 Nevada Revised Statutes › Chapter 104B - Uniform Commercial Code—Article 12-Controllable Electronic Records › NRS 104B.12103 - Relation to Article 9 and consumer laws.

1. If there is a conflict between this Article and Article 9, Article 9 governs.
2. A transaction subject to this Article is subject to:
(a) Any applicable rule of law that establishes a different rule for consumers;
(b) Any other statute or regulation that regulates the rates, charges, agreements and practices for loans, credit sales or other extensions for credit; and
(c) Any consumer-protection statute or regulation.
(Added to NRS by 2023, 3170)
2023 Nevada Revised Statutes › Chapter 104B - Uniform Commercial Code—Article 12-Controllable Electronic Records › NRS 104B.12104 - Rights in controllable account, controllable electronic record and controllable payment intangible.

1. This section applies to the acquisition and purchase of rights in a controllable account or controllable payment intangible, including the rights and benefits under subsections 3, 4, 5, 7 and 8 of a purchaser and qualifying purchaser, in the same manner this section applies to a controllable electronic record.
2. To determine whether a purchaser of a controllable account or a controllable payment intangible is a qualifying purchaser, the purchaser obtains control of the account or payment intangible if it obtains control of the controllable electronic record that evidences the account or payment intangible.
3. Except as provided in this section, law other than this Article determines whether a person acquires a right in a controllable electronic record and the right the person acquires.
4. A purchaser of a controllable electronic record acquires all rights in the controllable electronic record that the transferor had or had power to transfer, except that a purchaser of a limited interest in a controllable electronic record acquires rights only to the extent of the interest purchased.
5. A qualifying purchaser acquires its rights in the controllable electronic record free of a claim of a property right in the controllable electronic record.
6. Except as provided in subsections 1 and 5 for a controllable account and a controllable payment intangible or law other than this Article, a qualifying purchaser takes a right to payment, right to performance or other interest in property evidenced by the controllable electronic record subject to a claim of a property right in the right to payment, right to performance or other interest in property.
7. An action may not be asserted against a qualifying purchaser based on both a purchase by the qualifying purchaser of a controllable electronic record and a claim of a property right in another controllable electronic record, whether the action is framed in conversion, replevin, constructive trust, equitable lien or other theory.
8. Filing of a financing statement under Article 9 is not notice of a claim of a property right in a controllable electronic record.
(Added to NRS by 2023, 3170)
2023 Nevada Revised Statutes › Chapter 104C - Uniform Commercial Code—Article A-Transitional Provisions for Uniform Commercial Code Amendments (2022) › NRS 104C.102 - Definitions.

1. In this Article:
(a) "Article 12" means Article 12 of the Uniform Commercial Code.
(b) "Article 12 property" means a controllable account, controllable electronic record or controllable payment intangible.
2. The following definitions in other Articles of the Uniform Commercial Code apply to this Article:
"Controllable account." NRS 104.9102.
"Controllable electronic record." NRS 104B.12102.
"Controllable payment intangible." NRS 104.9102.
"Financing statement." NRS 104.9102.
3. Article 1 contains general definitions and principles of construction and interpretation applicable throughout this Article.
(Added to NRS by 2023, 3174)
2023 Nevada Revised Statutes › Chapter 104C - Uniform Commercial Code—Article A-Transitional Provisions for Uniform Commercial Code Amendments (2022) › NRS 104C.201 - Saving clause.

Except as provided in Part 3, a transaction validly entered into before October 1, 2023, and the rights, duties and interests flowing from the transaction remain valid thereafter and may be terminated, completed, consummated or enforced as required or permitted by law other than the Uniform Commercial Code or, if applicable, the Uniform Commercial Code, as though chapter 505, Statutes of Nevada 2023, had not taken effect.
(Added to NRS by 2023, 3174)
2023 Nevada Revised Statutes › Chapter 104C - Uniform Commercial Code—Article A-Transitional Provisions for Uniform Commercial Code Amendments (2022) › NRS 104C.301 - Saving clause.

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.
(Added to NRS by 2023, 3174)
2023 Nevada Revised Statutes › Chapter 104C - Uniform Commercial Code—Article A-Transitional Provisions for Uniform Commercial Code Amendments (2022) › NRS 104C.302 - Security interest perfected before October 1, 2023.

1. A security interest that is enforceable and perfected immediately before October 1, 2023, is a perfected security interest under chapter 505, Statutes of Nevada 2023, if, on October 1, 2023, the requirements for enforceability and perfection under chapter 505, Statutes of Nevada 2023, are satisfied without further action.
2. If a security interest is enforceable and perfected immediately before October 1, 2023, but the requirements for enforceability or perfection under chapter 505, Statutes of Nevada 2023, are not satisfied on October 1, 2023, the security interest:
(a) Is a perfected security interest until the earlier of the time perfection would have ceased under the law in effect immediately before October 1, 2023, or July 1, 2025;
(b) Remains enforceable thereafter only if the security interest satisfies the requirements for enforceability under NRS 104.9203, as amended by section 52 of chapter 505, Statutes of Nevada 2023, before July 1, 2025; and
(c) Remains perfected thereafter only if the requirements for perfection under chapter 505, Statutes of Nevada 2023, are satisfied before the time specified in paragraph (a).
(Added to NRS by 2023, 3174)
2023 Nevada Revised Statutes › Chapter 104C - Uniform Commercial Code—Article A-Transitional Provisions for Uniform Commercial Code Amendments (2022) › NRS 104C.303 - Security interest unperfected before October 1, 2023.

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.
(Added to NRS by 2023, 3175)
2023 Nevada Revised Statutes › Chapter 104C - Uniform Commercial Code—Article A-Transitional Provisions for Uniform Commercial Code Amendments (2022) › NRS 104C.304 - Effectiveness of actions taken before October 1, 2023.

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.
(Added to NRS by 2023, 3175)
2023 Nevada Revised Statutes › Chapter 104C - Uniform Commercial Code—Article A-Transitional Provisions for Uniform Commercial Code Amendments (2022) › NRS 104C.305 - Priority.

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.
(Added to NRS by 2023, 3175)
2023 Nevada Revised Statutes › Chapter 104C - Uniform Commercial Code—Article A-Transitional Provisions for Uniform Commercial Code Amendments (2022) › NRS 104C.306 - Priority of claims when priority rules of Article 9 do not apply.

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.
(Added to NRS by 2023, 3175)
2023 Nevada Revised Statutes › Chapter 105 - Security Instruments of Public Utilities › NRS 105.010 - Definitions.

As used in NRS 105.010 to 105.080, inclusive, unless the context otherwise requires:
1. "Public utility" has the meaning ascribed to it in NRS 704.020.
2. "Security instrument" means a mortgage, deed of trust, security agreement or other instrument executed to secure the payment of a bond, note or other obligation of a public utility and includes an amendment or supplement to such an instrument.
3. The words and terms defined in chapters 104 to 104C, inclusive, of NRS have the meanings ascribed to them in those chapters.
(Added to NRS by 1995, 880)
2023 Nevada Revised Statutes › Chapter 105 - Security Instruments of Public Utilities › NRS 105.020 - Applicability of provisions; changing method of perfection or notice.

1. The provisions of NRS 105.010 to 105.080, inclusive, apply to a public utility only if the public utility elects to file a security instrument pursuant to NRS 105.030 and then only as to the method of perfection or notice of that security instrument.
2. Except as otherwise provided in subsection 3 of NRS 105.040, a public utility shall not change the method of perfection or notice of a security instrument from a method allowed pursuant to a provision other than NRS 105.010 to 105.080, inclusive, to the method allowed by NRS 105.010 to 105.080, inclusive.
3. Once a security instrument has been filed pursuant to NRS 105.030, the public utility shall not change the method of perfection or notice for that security instrument pursuant to a provision other than NRS 105.010 to 105.080, inclusive.
(Added to NRS by 1995, 880)
2023 Nevada Revised Statutes › Chapter 105 - Security Instruments of Public Utilities › NRS 105.030 - Presentation of security instrument for filing constitutes perfection and notice; requirements for filing; applicability of Uniform Commercial Code—Secured Transactions.

1. Presentation of a security instrument to the Secretary of State or a county recorder for filing and tender of the statutory filing fee or acceptance of the security instrument by the Secretary of State or county recorder, if the security instrument states conspicuously on its title page: "This Instrument Grants A Security Interest By A Public Utility" constitutes:
(a) Perfection of a security interest created by the security instrument in any personal property, including goods which are, or are to become, fixtures, in which a security interest may be perfected by filing pursuant to NRS 104.9101 to 104.9709, inclusive, located in this state or in the county and owned by the public utility when the security instrument was executed or to be acquired by the public utility after execution of the security instrument; and
(b) Notice to all persons of the existence of the security instrument and the interest granted therein, as security, in any real property or fixtures thereon, or to be placed thereon, located in this state or in the county and owned by the public utility when the security instrument was executed or to be acquired by the public utility after the execution of the security instrument if the security instrument is proved or acknowledged and certified as required by law for the recording of conveyances of real property.
2. The filed security instrument must:
(a) Identify the property by type, character or description if it is presently owned personal property, including fixtures;
(b) Provide a description of the property if it is presently owned real property; and
(c) State conspicuously on its title page: "This Instrument Contains After-Acquired Property Provisions" if the property is to be acquired after the execution of the security instrument.
3. A description of real or personal property in a security instrument is sufficient, whether or not it is specific, if it reasonably identifies what is described.
4. The provisions of NRS 104.9101 to 104.9709, inclusive, pertaining to priorities and remedies apply to security interests in personal property, including fixtures, perfected under this section.
(Added to NRS by 1995, 881; A 1999, 387)
2023 Nevada Revised Statutes › Chapter 105 - Security Instruments of Public Utilities › NRS 105.040 - Effective date of perfection or notice.

1. The perfection or notice provided by a security instrument filed pursuant to NRS 105.030 is effective from the date of presentation for filing until the interest granted as security is released by the filing of a termination statement or a release or reconveyance of all or a part of the property signed by the secured party or trustee. No renewal, refiling or continuation statement is required to continue this effectiveness.
2. Perfection or notice provided by a security instrument covering real or personal property located in this state which was filed with the Secretary of State or recorded in the office of a county recorder before October 1, 1995, or which was filed or recorded before March 1, 1967, in compliance with the law in effect at the time of its filing or recordation, remains effective for the period provided by the law in effect at the time of its filing or recordation.
3. Such an instrument may be filed anew pursuant to NRS 105.030, and if so filed has the effect given to security instruments originally filed pursuant to NRS 105.010 to 105.080, inclusive. The priority of such a filing dates from the time that the security interest was first filed with the Secretary of State or recorded in the office of a county recorder and not from the date the instrument is filed anew pursuant to NRS 105.030.
(Added to NRS by 1995, 881)
2023 Nevada Revised Statutes › Chapter 105 - Security Instruments of Public Utilities › NRS 105.050 - Recording of security interest in real property owned by public utility; recording provides notice of certain subsequent security instruments executed by public utility.

1. If a security instrument filed with the Secretary of State grants an interest, as security, in any real property owned by the public utility, a notice of filing of a security instrument affecting real property must be recorded in the office of the county recorder in the county where the real property is located, stating:
(a) The name of the public utility which executed the security instrument;
(b) That a security instrument affecting real property in the county has been executed by the public utility; and
(c) That the security instrument was filed, and other security instruments may later be on file, in the Office of the Secretary of State.
The notice required by this section must be acknowledged or proved and certified in the manner provided in chapter 111 of NRS and in NRS 240.161 to 240.169, inclusive.
2. After such recording, no notice need be recorded regarding other security instruments executed by the public utility. The notice recorded under subsection 1 is sufficient to provide notice of all subsequent security instruments:
(a) Executed by the public utility;
(b) Filed with the Secretary of State; and
(c) Granting an interest, as security, in any real property, and fixtures thereto, located in the county where the notice is recorded.
3. Notices recorded pursuant to subsection 1 must be recorded and indexed by the county recorder in the same records and indexes as are mortgages on real property.
(Added to NRS by 1995, 882)
2023 Nevada Revised Statutes › Chapter 105 - Security Instruments of Public Utilities › NRS 105.060 - Filing name change, merger or consolidation of public utility; effectiveness of security instrument filed before name change, merger or consolidation.

1. If a public utility changes its name or merges or consolidates with another person after the presentation for filing of a security instrument executed by it, a written statement of the change, merger or consolidation must promptly be presented for filing to the Secretary of State and each county where a notice has been recorded pursuant to NRS 105.050. The statement must be signed by the secured party and the public utility, identify the appropriate security instrument by file number and state the name of the public utility after the change, merger or consolidation.
2. A security instrument presented for filing before the change, merger or consolidation is not effective to provide perfection or notice of interests granted as security in property acquired by the public utility more than 4 months after the change, merger or consolidation, unless the written statement required by this section is presented for filing before the expiration of that time.
(Added to NRS by 1995, 882)
2023 Nevada Revised Statutes › Chapter 105 - Security Instruments of Public Utilities › NRS 105.070 - Duty of Secretary of State or county recorder to mark security instrument and statement of name change, merger or consolidation upon filing; retention and filing of instrument and statements; fees.

1. The Secretary of State or county recorder shall mark any security instrument and any statement of change, merger or consolidation presented for filing with the day and hour of filing and the file number assigned to it. This mark is, in the absence of other evidence, conclusive proof of the time and fact of presentation for filing.
2. The Secretary of State or county recorder shall retain and file all security instruments and statements of change, merger or consolidation presented for filing.
3. The uniform fee for filing and indexing a security instrument, or a supplement or amendment thereto, and a statement of change, merger or consolidation, and for stamping a copy of those documents furnished by the secured party or the public utility to show the date and place of filing is:
(a) Forty dollars if the record is communicated in writing and consists of one or two pages;
(b) Sixty dollars if the record is communicated in writing and consists of more than two pages, and $2 for each page over 20 pages;
(c) Twenty dollars if the record is communicated by another medium authorized by filing-office rule; and
(d) Two dollars for each additional debtor, trade name or reference to another name under which business is done.
(Added to NRS by 1995, 882; A 2003, 843; 2003, 20th Special Session, 130)
2023 Nevada Revised Statutes › Chapter 105 - Security Instruments of Public Utilities › NRS 105.080 - Certificate of Secretary of State showing existence of security instrument; copy of filed security instrument; fees.

1. Upon the request of any person, the Secretary of State shall issue a certificate showing whether there is on file, on the date and hour stated therein, any presently effective security instrument naming a particular public utility and, if there is, giving the date and hour of filing of the instrument and the names and addresses of each secured party. The uniform fee for such a certificate is:
(a) Forty dollars if the request is communicated in writing; and
(b) Twenty dollars if the request is communicated by another medium authorized by filing-office rule.
2. Upon request, the Secretary of State or a county recorder shall furnish a copy of any filed security instrument upon payment of the statutory fee for copies.
(Added to NRS by 1995, 883; A 2003, 843; 2003, 20th Special Session, 130)
2023 Nevada Revised Statutes › Chapter 106 - Real Mortgages › NRS 106.030 - Mortgage secures performance of covenants adopted by reference.

Whenever, by the terms of any mortgage, any of the covenants in NRS 106.020 or 106.025 are adopted as a part thereof by reference, as provided in NRS 106.020 to 106.050, inclusive, the mortgage is intended to secure and does secure the performance of the terms and conditions of the mortgage and all of the covenants so adopted by reference.
[2:109:1927; NCL § 4331]—(NRS A 1967, 125; 1985, 237)
2023 Nevada Revised Statutes › Chapter 106 - Real Mortgages › NRS 106.040 - Adoption by reference in instrument.

1. In order to adopt by reference any of the covenants, agreements, obligations, rights and remedies in NRS 106.020 or 106.025, it shall only be necessary to state in the mortgage whichever of the following is appropriate:
(a) "The following covenants, Nos. ....., ..... and ..... (inserting the respective numbers) of NRS 106.020, are hereby adopted and made a part of this mortgage."
(b) "The following covenants, Nos. ....., ..... and ..... (inserting the respective numbers) of NRS 106.025, are hereby adopted and made a part of this mortgage."
2. In order to fix the amount of counsel fees under Covenant No. 2 of NRS 106.020 or 106.025, it shall only be necessary to state in the mortgage: "Covenant No. 2," and set out thereafter the percentage to be allowed.
3. In order to fix the rate of interest under Covenant No. 3 of NRS 106.020 or 106.025, it shall only be necessary to state in the mortgage: "Covenant No. 3," and set out thereafter the rate of interest to be charged thereunder.
4. A mortgage, in order to fix the amount of insurance to be carried, need not reincorporate the provisions of Covenant No. 7 of NRS 106.020 or 106.025, but may merely state the following: "Covenant No. 7," and set out thereafter the amount of insurance to be carried.
[3:109:1927; NCL § 4332] + [4:109:1927; NCL § 4333]—(NRS A 1967, 126)
2023 Nevada Revised Statutes › Chapter 106 - Real Mortgages › NRS 106.050 - Parties may enter into different or additional covenants.

Nothing in NRS 106.020 to 106.040, inclusive, prevents the parties to any mortgage from entering into any other, different or additional covenants or agreements than those set out in NRS 106.020 or 106.025.
[5:109:1927; NCL § 4334]—(NRS A 1967, 126; 1985, 237)
2023 Nevada Revised Statutes › Chapter 106 - Real Mortgages › NRS 106.200 - Effect of recorded mortgage upon possessory claims to public lands or mining claims.

A mortgage for a good and valuable consideration upon possessory claims to public lands, all buildings and improvements upon such lands, and all quartz and mining claims, acknowledged in manner and form as mortgages upon real property are required by law to be acknowledged, and recorded in the office of the recorder in the county in which the property is situated, shall have the same effect against third persons as mortgages upon real property.
[76:9:1861; A 1935, 253; 1931 NCL § 1547]—(NRS A 1965, 924)
2023 Nevada Revised Statutes › Chapter 106 - Real Mortgages › NRS 106.210 - Recording of assignments of mortgages or beneficial interests in deeds of trust; constructive notice; effect of unrecorded assignments.

1. Any assignment of a mortgage of real property and any assignment of the beneficial interest under a deed of trust must be recorded in the office of the recorder of the county in which the property is located, and from the time any of the same are so filed for record shall operate as constructive notice of the contents thereof to all persons. A mortgage of real property which has been assigned may not be enforced unless and until the assignment is recorded pursuant to this subsection. If the beneficial interest under a deed of trust has been assigned, the trustee under the deed of trust may not exercise the power of sale pursuant to NRS 107.080 unless and until the assignment is recorded pursuant to this subsection.
2. Each such filing or recording must be properly indexed by the recorder.
[Part 1:120:1935; 1931 NCL § 2122.31]—(NRS A 1965, 924; 2011, 327, 1748; 2021, 1415)
2023 Nevada Revised Statutes › Chapter 106 - Real Mortgages › NRS 106.220 - Filing and recording of instruments subordinating or waiving priority of mortgages, deeds of trust or liens; constructive notice; effect of unrecorded instruments.

1. Any instrument by which any mortgage, deed of trust or lien upon real property is subordinated or waived as to priority concerning one or more other mortgages, deeds of trust or liens upon real property must be recorded in the office of the recorder of the county in which the property is located, and from the time any of the same are so filed for record operates as constructive notice of the contents thereof to all persons. The instrument is not enforceable in connection with a foreclosure under this chapter or a trustee’s sale under chapter 107 of NRS unless and until it is recorded.
2. Each such filing or recording must be properly indexed by the recorder.
[Part 1:120:1935; 1931 NCL § 2122.31]—(NRS A 1965, 925; 2011, 327, 1748; 2021, 1416; 2023, 603)
2023 Nevada Revised Statutes › Chapter 106 - Real Mortgages › NRS 106.240 - Extinguishment of lien created by mortgage or deed of trust upon real property.

The lien heretofore or hereafter created of any mortgage or deed of trust upon any real property, appearing of record, and not otherwise satisfied and discharged of record, shall at the expiration of 10 years after the debt secured by the mortgage or deed of trust according to the terms thereof or any recorded written extension thereof become wholly due, terminate, and it shall be conclusively presumed that the debt has been regularly satisfied and the lien discharged.
[2:37:1917; 1919 RL p. 3352; NCL § 9410]—(NRS A 1965, 1229)
2023 Nevada Revised Statutes › Chapter 106 - Real Mortgages › NRS 106.260 - Discharge and assignment: Marginal entries; discharge or release must be recorded when mortgage or lien recorded by microfilm.

1. Any mortgage or lien, that has been or may hereafter be recorded, may be discharged or assigned by an entry on the margin of the record thereof, signed by the mortgagee or the mortgagee’s personal representative or assignee, acknowledging the satisfaction of or value received for the mortgage or lien and the debt secured thereby, in the presence of the recorder or the recorder’s deputy, who shall subscribe the same as a witness, and such entry shall have the same effect as a deed of release or assignment duly acknowledged and recorded. Such marginal discharge or assignment shall in each case be properly indexed by the recorder.
2. In the event that the mortgage or lien has been recorded by a microfilm or other photographic process, a marginal release may not be used and a duly acknowledged discharge or release of such mortgage or lien must be recorded.
[35:9:1861; A 1881, 23; 1935, 253; 1953, 79]—(NRS A 1965, 925)
2023 Nevada Revised Statutes › Chapter 106 - Real Mortgages › NRS 106.270 - Discharge of mortgages on filing of certificates specifying satisfaction or payment.

Any recorded mortgage shall also be discharged upon the record thereof by the recorder in whose custody it shall be, whenever there shall be presented to the recorder a certificate executed by the mortgagee, the mortgagee’s personal representative or assignee, acknowledged, or proved and certified, as prescribed in NRS, to entitle conveyances to be recorded, specifying that such mortgage has been paid or otherwise satisfied or discharged.
[36:9:1861; A 1935, 253; 1931 NCL § 1508]—(NRS A 1965, 926)
2023 Nevada Revised Statutes › Chapter 106 - Real Mortgages › NRS 106.280 - Certificates of discharge: Recording.

Every certificate of discharge of a recorded mortgage, and the proof or acknowledgment thereof, must be recorded at full length, and a reference must be made to the county book containing such record in the minutes of the discharge of such mortgage made by the recorder upon the record thereof.
[37:9:1861; A 1935, 253; 1931 NCL § 1509]—(NRS A 1965, 926; 2011, 327, 1748)