Assembly Bill No. 92–Committee on Judiciary

 

CHAPTER..........

 

AN ACT relating to secured transactions; revising provisions of the Uniform Commercial Code governing the filing of certain records; revising certain fees related to certain security instruments and liens; authorizing the Secretary of State to prescribe a form for the filing and recording of certain documents; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1. NRS 104.9516 is hereby amended to read as follows:

    104.9516  1.  Except as otherwise provided in subsection 2,

communication of a record to a filing office and tender of the filing

fee or acceptance of the record by the filing office constitutes filing.

    2.  Filing does not occur with respect to a record that a filing

office refuses to accept because:

    (a) The record is not communicated by a method or medium of

communication authorized by the filing office;

    (b) An amount equal to or greater than the applicable filing fee is

not tendered;

    (c) The filing office is unable to index the record because:

        (1) In the case of an initial financing statement, the record does

not provide a name for the debtor;

        (2) In the case of an amendment or correction statement, the

record:

            (I) Does not identify the initial financing statement as

required by NRS 104.9512 or 104.9518, as applicable; or

            (II) Identifies an initial financing statement whose

effectiveness has lapsed under NRS 104.9515;

        (3) In the case of an initial financing statement that provides

the name of a debtor identified as a natural person or an amendment

that provides a name of a debtor identified as a natural person which

was not previously provided in the financing statement to which the

record relates, the record does not identify the debtor’s last name; or

        (4) In the case of a record filed or recorded in the filing office

described in paragraph (a) of subsection 1 of NRS 104.9501, the

record does not provide a sufficient description of the real property to

which it relates;

    (d) In the case of an initial financing statement or an amendment

that adds a secured party of record, the record does not provide a name

and mailing address for the secured party of record;

    (e) In the case of an initial financing statement or an amendment

that provides a name of a debtor which was not previously provided in

the financing statement to which the amendment relates, the record

does not:

        (1) Provide a mailing address for the debtor;

        (2) Indicate whether the debtor is a natural person or an

organization; or

        (3) If the financing statement indicates that the debtor is an

organization, provide:

            (I) A type of organization for the debtor;

            (II) A jurisdiction of organization for the debtor; or

            (III) An organizational identification number for the debtor

or indicate that the debtor has none;

    (f) In the case of an assignment reflected in an initial financing

statement under subsection 1 of NRS 104.9514 or an amendment filed

under subsection 2 of that section, the record does not provide a name

and mailing address for the assignee; or

    (g) In the case of a continuation statement, the record is not filed

within the 6-month period prescribed by subsection 4 of

NRS 104.9515.

    (h) The record lists a public official of a governmental unit as a

debtor and the public official has not authorized the filing of the

information in an authenticated record as required pursuant to

NRS 104.9509.

    3.  For purposes of subsection 2:

    (a) A record does not provide information if the filing office is

unable to read or decipher the information; and

    (b) A record that does not indicate that it is an amendment or

identify an initial financing statement to which it relates, as required

by NRS 104.9512, 104.9514 or 104.9518, is an initial financing

statement.

    4.  A record that is communicated to the filing office with tender

of the filing fee, but which the filing office refuses to accept for a

reason other than one set forth in subsection 2, is effective as a filed

record except as against a purchaser of the collateral which gives

value in reasonable reliance upon the absence of the record from the

files.

    Sec. 2.  NRS 104.9521 is hereby amended to read as follows:

    104.9521  1.  A filing office that accepts written records may not

refuse to accept a written initial financing statement [in the following]

submitted on a form prescribed and made available by the Secretary

of State, except for a reason set forth in subsection 2 of NRS 104.9516

. [:

 

UCC FINANCING STATEMENT

FOLLOW INSTRUCTIONS (front and back) CAREFULLY

A.  NAME & PHONE OF CONTACT AT FILER [optional]

 

 

B.  SEND ACKNOWLEDGMENT TO: (Name and Address)

 

 

 

 

 

 

 

 

 

 

THE ABOVE SPACE IS FOR

FILING OFFICE USE ONLY

1.  DEBTOR’S EXACT FULL LEGAL NAME - insert only one debtor name (1a or 1b) - do not abbreviate or combine names

 

 

OR

1a. ORGANIZATION’S NAME

 

1b. INDIVIDUAL’S LAST NAME

FIRST NAME

MIDDLE NAME

SUFFIX

 

 

 

 

1c. MAILING ADDRESS

CITY

STATE

POSTAL CODE

COUNTRY

 

1d. TAX ID #:
SSN OR EIN

ADD’L INFO RE-

ORGANIZATION

DEBTOR

1e. TYPE OF ORGANIZATION

1f. JURISDICTION OF ORGANIZATION

1g. ORGANIZATIONAL ID #, if any

 

oNone

2.  ADDITIONAL DEBTOR’S EXACT FULL LEGAL NAME - insert only one debtor name (2a or 2b) - do not abbreviate

or combine names

 

OR

2a. ORGANIZATION’S NAME

 

2b. INDIVIDUAL’S LAST NAME

 FIRST NAME

MIDDLE NAME

SUFFIX

 

2c. MAILING ADDRESS

CITY

STATE

POSTAL CODE

COUNTRY

 

2d. TAX ID #:
SSN OR EIN

ADD’L INFO RE-

ORGANIZATION

DEBTOR

2e. TYPE OF ORGANIZATION

2f. JURISDICTION OF ORGANIZATION

2g. ORGANIZATIONAL ID #, if any

 

oNone

3.  SECURED PARTY’S NAME (or NAME of TOTAL ASSIGNEE of ASSIGNOR S/P) - insert only one secured party name (3a or 3b)

 

OR

3a. ORGANIZATION’S NAME

 

3b. INDIVIDUAL’S LAST NAME

FIRST NAME

MIDDLE NAME

SUFFIX

 

 

 

 

3c. MAILING ADDRESS

CITY

STATE

POSTAL CODE

COUNTRY

 

4.  This FINANCING STATEMENT covers the following collateral:

 

 

 

 

 

 

5.  ALTERNATIVE DESIGNATION [if applicable]: o LESSEE/LESSOR o CONSIGNEE/CONSIGNOR o BAILEE/BAILOR

     o SELLER/BUYER o AG. LIEN o NON-UCC FILING

6.  o This FINANCING STATEMENT is to be filed [for record] (or recorded) in the REAL ESTATE RECORDS.

        Attach Addendum [if applicable]

7.  Check to REQUEST SEARCH REPORT(S) on Debtor(s)   o All Debtors o Debtor 1  o Debtor 2

      [ADDITIONAL FEE]    [optional]

8.  OPTIONAL FILER REFERENCE DATA

 

NATIONAL UCC FINANCING STATEMENT (FORM UCC1) (REV. 07/29/98)

 

 

UCC FINANCING STATEMENT ADDENDUM

FOLLOW INSTRUCTIONS (front and back) CAREFULLY

9.  NAME OF FIRST DEBTOR (1a or 1b) ON RELATED FINANCING STATEMENT

 

OR

9a. ORGANIZATION’S NAME

 

9b. INDIVIDUAL’S LAST NAME

FIRST NAME

MIDDLE NAME, SUFFIX

 

10.  MISCELLANEOUS:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

THE ABOVE SPACE IS FOR

 FILING OFFICE USE ONLY

11.  ADDITIONAL DEBTOR’S EXACT FULL LEGAL NAME – insert only one name (11a or 11b) - do not abbreviate or combine names

 

 

OR

11a. ORGANIZATION’S NAME

 

11b. INDIVIDUAL’S LAST NAME

FIRST NAME

MIDDLE NAME

SUFFIX

 

11c. MAILING ADDRESS

CITY

STATE

POSTAL CODE

COUNTRY

11d. TAX ID #:

SSN OR EIN

ADD’L INFO RE- ORGANIZATION DEBTOR

11e. TYPE OF ORGANIZATION

11f. JURISDICTION OF ORGANIZATION

11g.ORGANIZATIONAL ID #, if any

 

oNone

12.  o ADDITIONAL SECURED PARTY’S or o ASSIGNOR S/P’S NAME – insert only one name (12a or 12b)

 

OR

12a. ORGANIZATION’S NAME

 

12b. INDIVIDUAL’S LAST NAME

 

FIRST NAME

MIDDLE NAME

SUFFIX

12c. MAILING ADDRESS

CITY

STATE

POSTAL CODE

COUNTRY

 

13.  This FINANCING STATEMENT covers o timber to be cut or

      o as-extracted collateral, or is filed as a o fixture filing.

14.  Description of real estate:

 

 

 

 

 

 

 

 

 

15.  Name and address of a RECORD OWNER of above-described real

      estate (if Debtor does not have a record interest):

 

16.  Additional collateral description:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

17.  Check only if applicable and check only one box:

      Debtor is a o Trust or

     o Trustee acting with respect to property held in trust or

     o Decedent’s Estate

 

18.  Check only if applicable and check only one box:

     o Debtor is a TRANSMITTING UTILITY

     o Filed in connection with a Manufactured-Home Transaction – effective 30 years

     o Filed in connection with a Public-Finance Transaction –
      effective 30 years

NATIONAL UCC FINANCING STATEMENT (FORM UCC1Ad) (REV. 07/29/98)]

 

    2.  A filing office that accepts written records may not refuse to

accept a written record [in the following] submitted on a form

prescribed and made available by the Secretary of State, except for a

reason set forth in subsection 2 of NRS 104.9516 . [:

 

UCC FINANCING STATEMENT AMENDMENT

FOLLOW INSTRUCTIONS (front and back) CAREFULLY

A.  NAME & PHONE OF CONTACT AT FILER [optional]

 

 

B.  SEND ACKNOWLEDGMENT TO: (Name and Address)

 

 

 

 

 

 

 

 

 

THE ABOVE SPACE IS FOR

FILING OFFICE USE ONLY

1a.  INITIAL FINANCING STATEMENT FILE #

1b. This FINANCING STATEMENT AMENDMENT is to be filed [for
     record] (or recorded) in the o REAL ESTATE RECORDS.


 

2.  o TERMINATION: Effectiveness of the Financing Statement identified above is terminated with respect to security interest(s) of the

Secured Party authorizing this Termination Statement.

3.  o CONTINUATION: Effectiveness of the Financing Statement identified above with respect to security interest(s) of the Secured Party authorizing this Continuation Statement is continued for the additional period provided by applicable law.

4.  o ASSIGNMENT (full or partial): Give name of assignee in item 7a or 7b and address of assignee in item 7c; and also give name of assignor in item 9.

5.  o AMENDMENT (PARTY INFORMATION): This Amendment affects o Debtor or o Secured Party of record.

          Check only one of these two boxes.

          Also check one of the following three boxes and provide appropriate information in items 6 and/or 7.

o CHANGE name and/or address: Give current record name in item 6a or 6b; also give new name (if name change) in item 7a or 7b and/or new address (if address change) in item 7c.

o DELETE name: give record name to be deleted in item 6a or 6b.

o ADD name: Complete item 7a or 7b, and
also item 7c; also complete items 7d-7g (if applicable).

 

6.  CURRENT RECORD INFORMATION:

 

OR

6a. ORGANIZATION’S NAME

 

6b. INDIVIDUAL’S LAST NAME

FIRST NAME

MIDDLE NAME

SUFFIX

 

7.  CHANGED (NEW) OR ADDED INFORMATION:

 

OR

7a. ORGANIZATION’S NAME

 

7b. INDIVIDUAL’S LAST NAME

 

FIRST NAME

MIDDLE NAME

SUFFIX

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

7c.  MAILING ADDRESS

CITY

STATE

POSTAL CODE

COUNTRY

 

 

7d.  TAX ID #:

SSN OR EIN

ADD’L INFO RE- ORGANIZATION DEBTOR

7e. TYPE OF ORGANIZATION

7f. JURISDICTION OF ORGANIZATION

7g.ORGANIZATIONAL ID #, if any

 

oNone

8.  o AMENDMENT (COLLATERAL CHANGE): check only one box

        Describe collateral o deleted or o added, or give entire o restated collateral description, or describe collateral o assigned.

 

 

9.  NAME OF SECURED PARTY OF RECORD AUTHORIZING THIS AMENDMENT (name of assignor, if this is an assignment). If this is an Amendment authorized by a Debtor which adds collateral or adds the authorizing Debtor, or if this is a Termination authorized by a Debtor, check here o and enter name of DEBTOR authorizing this Amendment.

 

OR

9a. ORGANIZATION’S NAME

 

9b. INDIVIDUAL’S LAST NAME

FIRST NAME

MIDDLE NAME

SUFFIX

 

10.  OPTIONAL FILER REFERENCE DATA

 

NATIONAL UCC FINANCING STATEMENT AMENDMENT (FORM UCC3) (REV. 07/29/98)

 

UCC FINANCING STATEMENT ADDENDUM

FOLLOW INSTRUCTIONS (front and back) CAREFULLY

 

11.  INITIAL FINANCING STATEMENT FILE # (same as item 1a on amendment form)

 

 

12.  NAME OF PARTY AUTHORIZING THIS AMENDMENT (same as item 9 on Amendment form)

 

 

OR

12a. ORGANIZATION’S NAME

 

 

12b. INDIVIDUAL’S LAST NAME

FIRST NAME

MIDDLE NAME, SUFFIX

 

 

 

13.  Use this space for additional information

 

 

 

THE ABOVE SPACE IS FOR FILING OFFICE USE ONLY

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

NATIONAL UCC FINANCING STATEMENT AMENDMENT ADDENDUM

(FORM UCC3Ad) (REV. 07/29/98)

    3.  A form that a filing office may not refuse to accept under

subsection 1 or 2 must conform to the format prescribed for the form

by the National Conference of Commissioners on Uniform State

Laws.

    4.  A filing officer may add optional blocks for the address of the

secured party or the address of the debtor to any form or record.

    Sec. 3.  NRS 105.070 is hereby amended to read as follows:

    105.070  1.  The Secretary of State or county recorder shall mark

any security instrument and any statement of change, merger or

consolidation presented for filing with the day and hour of filing and

the file number assigned to it. This mark is, in the absence of other

evidence, conclusive proof of the time and fact of presentation for

filing.

    2.  The Secretary of State or county recorder shall retain and file

all security instruments and statements of change, merger or

consolidation presented for filing.

    3.  The uniform fee for filing and indexing a security instrument,

or a supplement or amendment thereto, and a statement of change,

merger or consolidation, and for stamping a copy of those documents

furnished by the secured party or the public utility [,] to show the date

and place of filing is [$15 if the document is in the standard form

prescribed by the Secretary of State and otherwise is $20, plus $1 for

each additional debtor or trade name.] :

    (a) Twenty dollars if the record is communicated in writing and

consists of one or two pages;

    (b) Forty dollars if the record is communicated in writing and

consists of more than two pages, and $1 for each page over 20

pages;

    (c) Ten dollars if the record is communicated by another

medium authorized by filing-office rule; and

    (d) One dollar for each additional debtor, trade name or

reference to another name under which business is done.

    Sec. 4.  NRS 105.080 is hereby amended to read as follows:

    105.080  1.  Upon the request of any person, the Secretary of

State shall issue his certificate showing whether there is on file , on

the date and hour stated therein, any presently effective security

instrument naming a particular public utility [,] and , if there is, giving

the date and hour of filing of the instrument and the names and

addresses of each secured party. The uniform fee for such a certificate

is [$15 if the request for the certificate is in the standard form

prescribed by the Secretary of State and otherwise is $20.] :

    (a) Twenty dollars if the request is communicated in writing; and

    (b) Fifteen dollars if the request is communicated by another

medium authorized by filing-office rule.

    2.  Upon request , the Secretary of State or a county recorder shall

furnish a copy of any filed security instrument upon payment of the

statutory fee for copies.

    Sec. 5.  NRS 108.831 is hereby amended to read as follows:

    108.831  1.  If a notice of federal lien, a refiling of a notice of

federal lien [,] or a notice of revocation of any certificate described in

subsection 2 is presented to the filing officer who is:

    (a) The Secretary of State, he shall cause the notice to be marked,

held and indexed in accordance with the provisions of NRS 104.9519

as if the notice were a financing statement within the meaning of the

Uniform Commercial Code.

    (b) Any other officer described in NRS 108.827, he shall endorse

thereon his identification and the date and time of receipt and

forthwith file it alphabetically or enter it in an alphabetical index

showing the name of the person named in the notice and the date of

receipt.

    2.  If a certificate of release, nonattachment, discharge or

subordination of any federal lien is presented to the Secretary of State

for filing he shall:

    (a) Cause a certificate of release or nonattachment to be marked,

held and indexed as if the certificate were a termination statement

within the meaning of the Uniform Commercial Code, except that the

notice of lien to which the certificate relates must not be removed

from the files; and

    (b) Cause a certificate of discharge or subordination to be held,

marked and indexed as if the certificate were a release of collateral

within the meaning of the Uniform Commercial Code.

    3.  If a refiled notice of federal lien referred to in subsection 1 or

any of the certificates or notices referred to in subsection 2 is

presented for filing with any other filing officer specified in NRS

108.827, he shall enter the refiled notice or the certificate with the date

of filing in any alphabetical index of liens.

    4.  Upon request of any person, the filing officer shall issue his

certificate showing whether there is on file, on the date and hour

stated therein, any active notice of lien or certificate or notice

affecting any lien filed under NRS 108.825 to 108.837, inclusive,

naming a particular person [,] and , if a notice or certificate is on file,

giving the date and hour of filing of each notice or certificate. The

certificate must state that it reveals active liens only. The fee for a

certificate is [$15 if the statement is in the standard form prescribed by

the Secretary of State and otherwise is $20.] :

    (a) Twenty dollars if the request is communicated in writing; and

    (b) Fifteen dollars if the request is communicated by another

medium authorized by filing-office rule.

    5.  Upon request , the filing officer shall furnish a copy of any

notice of federal lien or notice or certificate affecting a federal lien for

the statutory fee for copies.

    Sec. 6.  NRS 108.889 is hereby amended to read as follows:

    108.889  1.  To perfect the lien provided for in NRS 108.887, a

producer must, not later than 45 days after the date on which the lien

attaches pursuant to NRS 108.888, file a notice of the lien in the

Office of the Secretary of State[.] in the manner set forth in NRS

104.9516 and on a form prescribed and made available by the

Secretary of State.

    2.  A notice of lien that is filed pursuant to subsection 1 must be

verified by the oath of the producer and must contain:

    (a) The name of the producer;

    (b) The name of the processor;

    (c) A statement of the terms and conditions of the contract

between the producer and the processor; and

    (d) The total amount owed to the producer by the processor under

the terms of the contract, after deducting any applicable credits or

offsets.

    3.  Not later than 24 hours after filing a notice of lien pursuant to

this section, a producer shall send a copy of the notice of lien to the

processor by certified mail.

    Sec. 7.  NRS 247.110 is hereby amended to read as follows:

    247.110  1.  When a document authorized by law to be recorded

is deposited in the county recorder’s office for recording, the county

recorder shall:

    (a) Endorse upon it the time when it was received, noting:

        (1) The year, month, day, hour and minute of its reception;

        (2) The document number; and

        (3) The amount of fees collected for recording the document.

    (b) Record the document without delay, together with the

acknowledgments, proofs and certificates, written upon or annexed to

it, with the plats, surveys, schedules and other papers thereto annexed,

in the order in which the papers are received for recording.

    (c) Note at the upper right corner of the record and upon the

document, except a map, so recorded the exact time of its reception,

and the name of the person at whose request it was recorded.

    (d) Upon request, place a stamp or other notation upon one copy

of the document presented at the time of recording to reflect the

information endorsed upon the original pursuant to subparagraphs (1)

and (2) of paragraph (a) and as evidence that he received the original,

and return the copy to the person who presented it.

    2.  In addition to the information described in paragraph (a) of

subsection 1, a county recorder may endorse upon a document the

book and page where the document is recorded.

    3.  A county recorder shall not refuse to record a document on the

grounds that the document is not legally effective to accomplish the

purposes stated therein.

    4.  A document, except a map, that is submitted for recording

must [:] be on a form authorized by NRS 104.9521 for the type of

filing or must:

    (a) Be on paper that is 8 1/2 inches by 11 inches in size;

    (b) Have a margin of 1 inch on the left and right sides and at the

bottom of each page; and

    (c) Have a space of 3 inches by 3 inches at the upper right corner

of the first page and have a margin of 1 inch at the top of each

succeeding page.

 

20~~~~~03