NRS 104.9109 Scope of applicability.
594 words·~3 min read·
/nv/chapter-104-uniform-commercial-code-original-articles/104-9109A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
NRS 104.9109 Scope of applicability.
1. Except as otherwise provided in subsections 3 and 4, this Article applies to:
(a)A transaction, regardless of its form, that creates a security interest in personal property or fixtures by contract;
(b)An agricultural lien;
(c)A sale of accounts, chattel paper, payment intangibles or promissory notes;
(d)A consignment;
(e)A security interest arising under NRS 104.2401 , 104.2505 , subsection 3 of NRS 104.2711 or subsection 5 of NRS 104A.2508 , as provided in NRS 104.9110 ; and
(f)A security interest arising under NRS 104.4210 or 104.5118 .
2. The application of this Article to a security interest in a secured obligation is not affected by the fact that the obligation is itself secured by a transaction or interest to which this Article does not apply.
3. This Article does not apply to the extent that:
(a)A statute, regulation or treaty of the United States preempts this Article; or
(b)The rights of a transferee beneficiary or nominated person under a letter of credit are independent and superior under NRS 104.5114 .
4. This Article does not apply to:
(a)A landlord’s lien, other than an agricultural lien;
(b)A lien, other than an agricultural lien, given by statute or other rule of law for services or materials, but NRS 104.9333 applies with respect to priority of the lien;
(c)An assignment of a claim for wages, salary or other compensation of an employee;
(d)A sale of accounts, chattel paper, payment intangibles or promissory notes as part of a sale of the business out of which they arose;
(e)An assignment of accounts, chattel paper, payment intangibles or promissory notes which is for the purpose of collection only;
(f)An assignment of a right to payment under a contract to an assignee that is also obligated to perform under the contract;
(g)An assignment of a single account, payment intangible or promissory note to an assignee in full or partial satisfaction of a preexisting indebtedness;
(h)A transfer of an interest in or an assignment of a claim under a policy of insurance, other than an assignment by or to a health-care provider of a health-care-insurance receivable and any subsequent assignment of the right to payment, but NRS 104.9315 and 104.9322 apply with respect to proceeds and priorities in proceeds;
(i)An assignment of a right represented by a judgment, other than a judgment taken on a right to payment that was collateral;
(j)A right of recoupment or setoff, but:
(1)NRS 104.9340 applies with respect to the effectiveness of rights of recoupment or setoff against deposit accounts; and
(2)NRS 104.9404 applies with respect to defenses or claims of an account debtor;
(k)The creation or transfer of an interest in or lien on real property, including a lease or rents thereunder, except to the extent that provision is made for:
(1)Liens on real property in NRS 104.9203 and 104.9308 ;
(2)Fixtures in NRS 104.9334 ;
(3)Fixture filings in NRS 104.9501 , 104.9502 , 104.9512 , 104.9516 and 104.9519 ; and
(4)Security agreements covering personal and real property in NRS 104.9604 ;
(l)An assignment of a claim arising in tort, other than a commercial tort claim, but NRS 104.9315 and 104.9322 apply with respect to proceeds and priorities in proceeds;
(m)An assignment of a deposit account in a consumer transaction, but NRS 104.9315 and 104.9322 apply with respect to proceeds and priorities in proceeds; or
(n)A transfer by a government or governmental unit.