104.9509 - Persons entitled to file record.

104.9509  Persons entitled to file record.

      1.  A person may file an initial financing statement, amendment that adds collateral covered by a financing statement or amendment that adds a debtor to a financing statement only if:

      (a) The debtor authorizes the filing in an authenticated record;

      (b) The person holds an agricultural lien that has become effective at the time of filing and the financing statement covers only collateral in which the person holds an agricultural lien; or

      (c) Otherwise authorized by subsection 2 or 3.

      2.  By authenticating or becoming bound as debtor by a security agreement, a debtor or new debtor authorizes the filing of an initial financing statement, and an amendment, covering:

      (a) The collateral described in the security agreement; and

      (b) Property that becomes collateral under paragraph (b) of subsection 1 of NRS 104.9315, whether or not the security agreement expressly covers proceeds.

      3.  A person may file an amendment other than an amendment that adds collateral covered by a financing statement or an amendment that adds a debtor to a financing statement only if:

      (a) The secured party of record authorizes the filing; or

      (b) The change is a termination statement for a financing statement as to which the secured party of record has failed to file or send a termination statement as required by subsection 1 or 3 of NRS 104.9513.

      4.  If there is more than one secured party of record for a financing statement, each secured party of record may authorize the filing of an amendment under subsection 3.

      (Added to NRS by 1999, 332; A 2001, 729)