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Nevada Revised Statutes Title 8. Commercial Instruments and Transactions § 104.9717. Determination of priority of conflicting claims to collateral

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This article as amended determines the priority of conflicting claims to collateral.  However, if the relative priorities of the claims were established before July 1, 2013, this article before amendment determines priority.

1. In this section, “pre-effective-date financing statement” means a financing statement filed before July 1, 2013.

2. On or after July 1, 2013, a person may add or delete collateral covered by, continue or terminate the effectiveness of, or otherwise amend the information provided in, a pre-effective-date financing statement only in accordance with the law of the jurisdiction governing perfection as provided in this article as amended.  However, the effectiveness of a pre-effective-date financing statement also may be terminated in accordance with the law of the jurisdiction in which the financing statement is filed.

3. Except as otherwise provided in subsection 4, if the law of this State governs perfection of a security interest, the information in a pre-effective-date financing statement may be amended on or after July 1, 2013, only if:

(a) The pre-effective-date financing statement and an amendment are filed in the office specified in NRS 104.9501;

(b) An amendment is filed in the office specified in NRS 104.9501 concurrently with, or after the filing in that office of, an initial financing statement that satisfies subsection 3 of NRS 104.9714;  or

(c) An initial financing statement that provides the information as amended and satisfies subsection 3 of NRS 104.9714 is filed in the office specified in NRS 104.9501.

4. If the law of this State governs perfection of a security interest, the effectiveness of a pre-effective-date financing statement may be continued only under subsections 3 and 5 of NRS 104.9713 or NRS 104.9714.

5. Whether or not the law of this State governs perfection of a security interest, the effectiveness of a pre-effective-date financing statement filed in this State may be terminated on or after July 1, 2013, by filing a termination statement in the office in which the pre-effective-date financing statement is filed, unless an initial financing statement that satisfies subsection 3 of NRS 104.9714 has been filed in the office specified by the law of the jurisdiction governing perfection as provided in this article as amended as the office in which to file a financing statement.

Cite this article: FindLaw.com - Nevada Revised Statutes Title 8. Commercial Instruments and Transactions § 104.9717. Determination of priority of conflicting claims to collateral - last updated January 01, 2020 | https://codes.findlaw.com/nv/title-8-commercial-instruments-and-transactions/nv-rev-st-104-9717.html


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