104.9109 - Scope of applicability.
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.
(Added to NRS by 1999, 294; A 2001, 719)