Nev. Rev. Stat. § 104C.101 Short title.
This Article may be cited as Transitional Provisions for Uniform Commercial Code Amendments (2022).
UNIFORM COMMERCIAL CODE—ARTICLE A-TRANSITIONAL PROVISIONS FOR UNIFORM COMMERCIAL CODE AMENDMENTS (2022)
Nev. Rev. Stat. 104C
in effectNev. Rev. Stat. § 104C.102 Definitions.
1. In this Article:
(a) Article 12 means Article 12 of the Uniform Commercial Code.
(b) Article 12 property means a controllable account, controllable electronic record or controllable payment intangible.
2. The following definitions in other Articles of the Uniform Commercial Code apply to this Article:
Controllable account. NRS 104.9102 .
Controllable electronic record. NRS 104B.12102 .
Controllable payment intangible. NRS 104.9102 .
Financing statement. NRS 104.9102 .
3. Article 1 contains general definitions and principles of construction and interpretation applicable throughout this Article.
Nev. Rev. Stat. § 104C.201 Saving clause.
Except as provided in Part 3, a transaction validly entered into before October 1, 2023, and the rights, duties and interests flowing from the transaction remain valid thereafter and may be terminated, completed, consummated or enforced as required or permitted by law other than the Uniform Commercial Code or, if applicable, the Uniform Commercial Code, as though chapter 505, Statutes of Nevada 2023, had not taken effect.
Nev. Rev. Stat. § 104C.301 Saving clause.
1. Except as provided in this Part, Article 9, as amended by chapter 505, Statutes of Nevada 2023, and Article 12 apply to a transaction, lien or other interest in property, even if the transaction, lien or interest was entered into, created or acquired before October 1, 2023.
2. Except as provided in subsection 3 and NRS 104C.302 to 104C.306 , inclusive:
(a) A transaction, lien or interest in property that was validly entered into, created or transferred before October 1, 2023, and was not governed by the Uniform Commercial Code, but would be subject to Article 9, as amended by chapter 505, Statutes of Nevada 2023, or Article 12 if it had been entered into, created or transferred on or after October 1, 2023, including the rights, duties and interests flowing from the transaction, lien or interest, remains valid on and after October 1, 2023; and
(b) The transaction, lien or interest may be terminated, completed, consummated and enforced as required or permitted by chapter 505, Statutes of Nevada 2023, or by the law that would apply if chapter 505, Statutes of Nevada 2023, had not taken effect.
3. Chapter 505, Statutes of Nevada 2023, does not affect an action, case or proceeding commenced before October 1, 2023.
Nev. Rev. Stat. § 104C.302 Security interest perfected before October 1, 2023.
1. A security interest that is enforceable and perfected immediately before October 1, 2023, is a perfected security interest under chapter 505, Statutes of Nevada 2023, if, on October 1, 2023, the requirements for enforceability and perfection under chapter 505, Statutes of Nevada 2023, are satisfied without further action.
2. If a security interest is enforceable and perfected immediately before October 1, 2023, but the requirements for enforceability or perfection under chapter 505, Statutes of Nevada 2023, are not satisfied on October 1, 2023, the security interest:
(a) Is a perfected security interest until the earlier of the time perfection would have ceased under the law in effect immediately before October 1, 2023, or July 1, 2025;
(b) Remains enforceable thereafter only if the security interest satisfies the requirements for enforceability under NRS 104.9203 , as amended by section 52 of chapter 505, Statutes of Nevada 2023, before July 1, 2025; and
(c) Remains perfected thereafter only if the requirements for perfection under chapter 505, Statutes of Nevada 2023, are satisfied before the time specified in paragraph (a).
Nev. Rev. Stat. § 104C.303 Security interest unperfected before October 1, 2023.
A security interest that is enforceable immediately before October 1, 2023, but is unperfected at that time:
1. Remains an enforceable security interest until July 1, 2025;
2. Remains enforceable thereafter if the security interest becomes enforceable under NRS 104.9203 , as amended by section 52 of chapter 505, Statutes of Nevada 2023, on October 1, 2023, or before July 1, 2025; and
3. Becomes perfected:
(a) Without further action, on October 1, 2023, if the requirements for perfection under chapter 505, Statutes of Nevada 2023, are satisfied before or at that time; or
(b) When the requirements for perfection are satisfied if the requirements are satisfied after that time.
Nev. Rev. Stat. § 104C.304 Effectiveness of actions taken before October 1, 2023.
1. If action, other than the filing of a financing statement, is taken before October 1, 2023, and the action would have resulted in perfection of the security interest had the security interest become enforceable before October 1, 2023, the action is effective to perfect a security interest that attaches under chapter 505, Statutes of Nevada 2023, before July 1, 2025. An attached security interest becomes unperfected on July 1, 2025, unless the security interest becomes a perfected security interest under chapter 505, Statutes of Nevada 2023, before July 1, 2025.
2. The filing of a financing statement before October 1, 2023, is effective to perfect a security interest on October 1, 2023, to the extent the filing would satisfy the requirements for perfection under chapter 505, Statutes of Nevada 2023.
3. The taking of an action before October 1, 2023, is sufficient for the enforceability of a security interest on October 1, 2023, if the action would satisfy the requirements for enforceability under chapter 505, Statutes of Nevada 2023.
Nev. Rev. Stat. § 104C.305 Priority.
1. Subject to subsections 2 and 3, chapter 505, Statutes of Nevada 2023, determines the priority of conflicting claims to collateral.
2. Subject to subsection 3, if the priorities of claims to collateral were established before October 1, 2023, Article 9, as in effect before October 1, 2023, determines priority.
3. On July 1, 2025, to the extent the priorities determined by Article 9, as amended by chapter 505, Statutes of Nevada 2023, modify the priorities established before October 1, 2023, the priorities of claims to Article 12 property established before October 1, 2023, cease to apply.
Nev. Rev. Stat. § 104C.306 Priority of claims when priority rules of Article 9 do not apply.
1. Subject to subsections 2 and 3, Article 12 determines the priority of conflicting claims to Article 12 property when the priority rules of Article 9, as amended by chapter 505, Statutes of Nevada 2023, do not apply.
2. Subject to subsection 3, when the priority rules of Article 9, as amended by chapter 505, Statutes of Nevada 2023, do not apply and the priorities of claims to Article 12 property were established before October 1, 2023, law other than Article 12 determines priority.
3. When the priority rules of Article 9, as amended by chapter 505, Statutes of Nevada 2023, do not apply, to the extent the priorities determined by chapter 505, Statutes of Nevada 2023, modify the priorities established before October 1, 2023, the priorities of claims to Article 12 property established before October 1, 2023, cease to apply on July 1, 2025.
Nev. Rev. Stat. §
Source: NV Statutes (Official Site)URL: https://www.leg.state.nv.us/nrs/NRS-104C.htmlFetched: 10/4/2026