NRS104.9109. 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)