104.9307 - Location of debtor.

104.9307  Location of debtor.

      1.  In this section, “place of business” means a place where a debtor conducts its affairs.

      2.  Except as otherwise provided in this section, the following rules determine a debtor’s location:

      (a) A natural person is located at his or her residence.

      (b) Any other debtor having only one place of business is located at its place of business.

      (c) Any other debtor having more than one place of business is located at its chief executive office.

      3.  Subsection 2 applies only if a debtor’s residence, place of business or chief executive office, as applicable, is located in a jurisdiction whose law requires information concerning the existence of a nonpossessory security interest to be made generally available in a filing, recording or registration system as a condition or result of the security interest’s obtaining priority over the rights of a lien creditor with respect to the collateral. If subsection 2 does not apply, the debtor is deemed to be located in the District of Columbia.

      4.  A person that ceases to exist, have a residence or have a place of business continues to be located in the jurisdiction specified by subsections 2 and 3.

      5.  A registered organization that is organized under the law of a state is located in that state.

      6.  Except as otherwise provided in subsection 9, a registered organization that is organized under the law of the United States and a branch or agency of a bank that is not organized under the law of the United States or a state are located or deemed to be located:

      (a) In the state that the law of the United States designates, if the law designates a state of location;

      (b) In the state that the registered organization, branch or agency designates, if the law of the United States authorizes the registered organization, branch or agency to designate its state of location; or

      (c) In the District of Columbia, if neither paragraph (a) nor paragraph (b) applies.

      7.  A registered organization continues to be located in the jurisdiction specified by subsection 5 or 6 notwithstanding:

      (a) The suspension, revocation, forfeiture or lapse of the registered organization’s status as such in its jurisdiction of organization; or

      (b) The dissolution, winding up or cancellation of the existence of the registered organization.

      8.  The United States is deemed to be located in the District of Columbia.

      9.  A branch or agency of a bank that is not organized under the law of the United States or a state is located in the state in which the branch or agency is licensed, if all branches and agencies of the bank are licensed in only one state.

      10.  A foreign air carrier under the Federal Aviation Act of 1958, as amended, is located at the designated office of the agent upon which service of process may be made on behalf of the carrier.

      11.  This section applies only for purposes of this part.

      (Added to NRS by 1999, 303)