Assembly Bill No. 92–Committee on Judiciary

 

February 13, 2003

____________

 

Referred to Committee on Judiciary

 

SUMMARY—Makes various changes to requirements governing filing and form of certain documents. (BDR 8‑271)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: No.

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

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:

 

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

1-2  104.9516  1.  Except as otherwise provided in subsection 2,

1-3  communication of a record to a filing office and tender of the filing

1-4  fee or acceptance of the record by the filing office constitutes filing.

1-5  2.  Filing does not occur with respect to a record that a filing

1-6  office refuses to accept because:

1-7  (a) The record is not communicated by a method or medium of

1-8  communication authorized by the filing office;

1-9  (b) An amount equal to or greater than the applicable filing fee is

1-10  not tendered;

1-11      (c) The filing office is unable to index the record because:

1-12          (1) In the case of an initial financing statement, the record does

1-13  not provide a name for the debtor;

1-14          (2) In the case of an amendment or correction statement, the

1-15  record:

1-16             (I) Does not identify the initial financing statement as

1-17  required by NRS 104.9512 or 104.9518, as applicable; or

2-1           (II) Identifies an initial financing statement whose

2-2  effectiveness has lapsed under NRS 104.9515;

2-3       (3) In the case of an initial financing statement that provides

2-4  the name of a debtor identified as a natural person or an amendment

2-5  that provides a name of a debtor identified as a natural person which

2-6  was not previously provided in the financing statement to which the

2-7  record relates, the record does not identify the debtor’s last name; or

2-8       (4) In the case of a record filed or recorded in the filing office

2-9  described in paragraph (a) of subsection 1 of NRS 104.9501, the

2-10  record does not provide a sufficient description of the real property to

2-11  which it relates;

2-12      (d) In the case of an initial financing statement or an amendment

2-13  that adds a secured party of record, the record does not provide a name

2-14  and mailing address for the secured party of record;

2-15      (e) In the case of an initial financing statement or an amendment

2-16  that provides a name of a debtor which was not previously provided in

2-17  the financing statement to which the amendment relates, the record

2-18  does not:

2-19          (1) Provide a mailing address for the debtor;

2-20          (2) Indicate whether the debtor is a natural person or an

2-21  organization; or

2-22          (3) If the financing statement indicates that the debtor is an

2-23  organization, provide:

2-24             (I) A type of organization for the debtor;

2-25             (II) A jurisdiction of organization for the debtor; or

2-26             (III) An organizational identification number for the debtor

2-27  or indicate that the debtor has none;

2-28      (f) In the case of an assignment reflected in an initial financing

2-29  statement under subsection 1 of NRS 104.9514 or an amendment filed

2-30  under subsection 2 of that section, the record does not provide a name

2-31  and mailing address for the assignee; or

2-32      (g) In the case of a continuation statement, the record is not filed

2-33  within the 6-month period prescribed by subsection 4 of

2-34  NRS 104.9515.

2-35      (h) The record lists a public official of a governmental unit as a

2-36  debtor and the public official has not authorized the filing of the

2-37  information in an authenticated record as required pursuant to

2-38  NRS 104.9509.

2-39      3.  For purposes of subsection 2:

2-40      (a) A record does not provide information if the filing office is

2-41  unable to read or decipher the information; and

2-42      (b) A record that does not indicate that it is an amendment or

2-43  identify an initial financing statement to which it relates, as required

2-44  by NRS 104.9512, 104.9514 or 104.9518, is an initial financing

2-45  statement.

2-46      4.  A record that is communicated to the filing office with tender

2-47  of the filing fee, but which the filing office refuses to accept for a

3-1  reason other than one set forth in subsection 2, is effective as a filed

3-2  record except as against a purchaser of the collateral which gives

3-3  value in reasonable reliance upon the absence of the record from the

3-4  files.

3-5  Sec. 2.  NRS 104.9521 is hereby amended to read as follows:

3-6  104.9521  1.  A filing office that accepts written records may not

3-7  refuse to accept a written initial financing statement [in the following]

3-8  submitted on a form prescribed and made available by the Secretary

3-9  of State, except for a reason set forth in subsection 2 of NRS 104.9516

3-10  . [:

 

4-1  UCC FINANCING STATEMENT

4-2  FOLLOW INSTRUCTIONS (front and back) CAREFULLY

 

5-3 

 

 

 

 

 

5-4  THE ABOVE SPACE IS FOR

5-5  FILING OFFICE USE ONLY

6-21  2.  ADDITIONAL DEBTOR’S EXACT FULL LEGAL NAME - insert only one debtor name (2a or 2b) - do not abbreviate

6-22  or combine names

6-23  OR	6-24  2a. ORGANIZATION’S NAME
	6-25  2b. INDIVIDUAL’S LAST NAME			6-26   FIRST NAME		6-27  MIDDLE NAME		6-28  SUFFIX
6-29  2c. MAILING ADDRESS				6-30  CITY		6-31  STATE	6-32  POSTAL CODE	6-33  COUNTRY
6-34  2d. TAX ID #: SSN OR EIN		6-35  ADD’L INFO RE- 6-36  ORGANIZATION 6-37  DEBTOR	6-38  2e. TYPE OF ORGANIZATION		6-39  2f. JURISDICTION OF ORGANIZATION	6-40  2g. ORGANIZATIONAL ID #, if any   6-41  oNone

6-42  3.  SECURED PARTY’S NAME (or NAME of TOTAL ASSIGNEE of ASSIGNOR S/P) - insert only one secured party name (3a or 3b)

6-43  OR	6-44  3a. ORGANIZATION’S NAME
	6-45  3b. INDIVIDUAL’S LAST NAME	6-46  FIRST NAME	6-47  MIDDLE NAME		6-48  SUFFIX
6-49  3c. MAILING ADDRESS		6-50  CITY	6-51  STATE	6-52  POSTAL CODE	6-53  COUNTRY

 

 

 

 

 

 

7-5  7.  Check to REQUEST SEARCH REPORT(S) on Debtor(s)     o All Debtors o Debtor 1  o Debtor 2

7-7  8.  OPTIONAL FILER REFERENCE DATA

7-8  NATIONAL UCC FINANCING STATEMENT (FORM UCC1) (REV. 07/29/98)

 

 

8-1  UCC FINANCING STATEMENT ADDENDUM 8-2  FOLLOW INSTRUCTIONS (front and back) CAREFULLY
8-3  9.  NAME OF FIRST DEBTOR (1a or 1b) ON RELATED FINANCING STATEMENT
8-4  OR	8-5  9a. ORGANIZATION’S NAME
	8-6  9b. INDIVIDUAL’S LAST NAME	8-7  FIRST NAME	8-8  MIDDLE NAME, SUFFIX
8-9  10.  MISCELLANEOUS:

 

8-10 

 

 

 

 

 

 

 

 

 

 

 

 

8-11  THE ABOVE SPACE IS FOR

8-12   FILING OFFICE USE ONLY

9-1  11.  ADDITIONAL DEBTOR’S EXACT FULL LEGAL NAME – insert only one name (11a or 11b) - do not abbreviate or combine names
9-2  OR		9-3  11a. ORGANIZATION’S NAME
		9-4  11b. INDIVIDUAL’S LAST NAME			9-5  FIRST NAME	9-6  MIDDLE NAME		9-7  SUFFIX
9-8  11c. MAILING ADDRESS					9-9  CITY	9-10  STATE	9-11  POSTAL CODE	9-12  COUNTRY
9-13  11d. TAX ID #: 9-14  SSN OR EIN			9-15  ADD’L INFO RE- ORGANIZATION DEBTOR	9-16  11e. TYPE OF ORGANIZATION	9-17  11f. JURISDICTION OF ORGANIZATION	9-18  11g.ORGANIZATIONAL ID #, if any   9-19  oNone
9-20  12.  o ADDITIONAL SECURED PARTY’S or o ASSIGNOR S/P’S NAME – insert only one name (12a or 12b)
9-21  OR	9-22  12a. ORGANIZATION’S NAME
	9-23  12b. INDIVIDUAL’S LAST NAME				9-24  FIRST NAME	9-25  MIDDLE NAME		9-26  SUFFIX
9-27  12c. MAILING ADDRESS					9-28  CITY	9-29  STATE	9-30  POSTAL CODE	9-31  COUNTRY
9-32  13.  This FINANCING STATEMENT covers o timber to be cut or 9-33        o as-extracted collateral, or is filed as a o fixture filing. 9-34  14.  Description of real estate:                   9-35  15.  Name and address of a RECORD OWNER of above-described real 9-36        estate (if Debtor does not have a record interest):					9-37  16.  Additional collateral description:

 

	10-1  17.  Check only if applicable and check only one box: 10-2        Debtor is a o Trust or 10-3       o Trustee acting with respect to property held in trust or 10-4       o Decedent’s Estate
	10-5  18.  Check only if applicable and check only one box: 10-6       o Debtor is a TRANSMITTING UTILITY 10-7       o Filed in connection with a Manufactured-Home Transaction   – effective 30 years 10-8       o Filed in connection with a Public-Finance Transaction –       effective 30 years

10-9  NATIONAL UCC FINANCING STATEMENT (FORM UCC1Ad) (REV. 07/29/98)]

 

11-1      2.  A filing office that accepts written records may not refuse to

11-2  accept a written record [in the following] submitted on a form

11-3  prescribed and made available by the Secretary of State, except for a

11-4  reason set forth in subsection 2 of NRS 104.9516 . [:

 

12-1  UCC FINANCING STATEMENT AMENDMENT

12-2  FOLLOW INSTRUCTIONS (front and back) CAREFULLY

13-1  A.  NAME & PHONE OF CONTACT AT FILER [optional]

13-2  B.  SEND ACKNOWLEDGMENT TO: (Name and Address)

 

13-3 

 

 

 

 

13-4  THE ABOVE SPACE IS FOR

13-5  FILING OFFICE USE ONLY

14-1  1a.  INITIAL FINANCING STATEMENT FILE #				14-2  1b. This FINANCING STATEMENT AMENDMENT is to be filed [for      record] (or recorded) in the o REAL ESTATE RECORDS.
14-3  2.  o TERMINATION: Effectiveness of the Financing Statement identified above is terminated with respect to security interest(s) of the 14-4  Secured Party authorizing this Termination Statement.
14-5  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.
14-6  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.
14-7  5.  o AMENDMENT (PARTY INFORMATION): This Amendment affects o Debtor or o Secured Party of record. 14-8     Check only one of these two boxes. 14-9     Also check one of the following three boxes and provide appropriate information in items 6 and/or 7.
14-10  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.		14-11  o DELETE name: give record name to be deleted in item 6a or 6b.			14-12  o ADD name: Complete item 7a or 7b, and also item 7c; also complete items 7d-7g (if applicable).
14-13  6.  CURRENT RECORD INFORMATION:
14-14  OR	14-15  6a. ORGANIZATION’S NAME
	14-16  6b. INDIVIDUAL’S LAST NAME		14-17  FIRST NAME		14-18  MIDDLE NAME		14-19  SUFFIX
14-20  7.  CHANGED (NEW) OR ADDED INFORMATION:
14-21  OR	14-22  7a. ORGANIZATION’S NAME
	14-23  7b. INDIVIDUAL’S LAST NAME		14-24  FIRST NAME		14-25  MIDDLE NAME		14-26  SUFFIX

 

15-1  7c.  MAILING ADDRESS				15-2  CITY		15-3  STATE		15-4  POSTAL CODE	15-5  COUNTRY
15-6  7d.  TAX ID #: 15-7  SSN OR EIN		15-8  ADD’L INFO RE- ORGANIZATION DEBTOR	15-9  7e. TYPE OF ORGANIZATION		15-10  7f. JURISDICTION OF ORGANIZATION		15-11  7g.ORGANIZATIONAL ID #, if any   15-12  oNone
15-13  8.  o AMENDMENT (COLLATERAL CHANGE): check only one box
15-14       Describe collateral o deleted or o added, or give entire o restated collateral description, or describe collateral o assigned.
15-15  9.  NAME OF SECURED PARTY OF RECORD AUTHORIZING THIS AMENDMENT (name of assignor, if this is an assignment). If this is an 15-16  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.
15-17  OR	15-18  9a. ORGANIZATION’S NAME
	15-19  9b. INDIVIDUAL’S LAST NAME			15-20  FIRST NAME		15-21  MIDDLE NAME			15-22  SUFFIX
15-23  10.  OPTIONAL FILER REFERENCE DATA

15-24  NATIONAL UCC FINANCING STATEMENT AMENDMENT (FORM UCC3) (REV. 07/29/98)

 

15-25  UCC FINANCING STATEMENT ADDENDUM 15-26  FOLLOW INSTRUCTIONS (front and back) CAREFULLY
15-27  11.  INITIAL FINANCING STATEMENT FILE # (same as item 1a on amendment form)
15-28  12.  NAME OF PARTY AUTHORIZING THIS AMENDMENT (same as item 9 on Amendment form)
15-29  OR	15-30  12a. ORGANIZATION’S NAME
	15-31  12b. INDIVIDUAL’S LAST NAME	15-32  FIRST NAME	15-33  MIDDLE NAME, SUFFIX
15-34  13.  Use this space for additional information				15-35  THE ABOVE SPACE IS FOR FILING OFFICE USE ONLY

15-36  NATIONAL UCC FINANCING STATEMENT AMENDMENT ADDENDUM

15-37  (FORM UCC3Ad) (REV. 07/29/98)

16-1      3.  A form that a filing office may not refuse to accept under

16-2  subsection 1 or 2 must conform to the format prescribed for the form

17-1  by the National Conference of Commissioners on Uniform State

17-2  Laws.

17-3      4.  A filing officer may add optional blocks for the address of the

17-4  secured party or the address of the debtor to any form or record.

17-5      Sec. 3.  NRS 105.070 is hereby amended to read as follows:

17-6      105.070  1.  The Secretary of State or county recorder shall mark

17-7  any security instrument and any statement of change, merger or

17-8  consolidation presented for filing with the day and hour of filing and

17-9  the file number assigned to it. This mark is, in the absence of other

17-10  evidence, conclusive proof of the time and fact of presentation for

17-11  filing.

17-12     2.  The Secretary of State or county recorder shall retain and file

17-13  all security instruments and statements of change, merger or

17-14  consolidation presented for filing.

17-15     3.  The uniform fee for filing and indexing a security instrument,

17-16  or a supplement or amendment thereto, and a statement of change,

17-17  merger or consolidation, and for stamping a copy of those documents

17-18  furnished by the secured party or the public utility [,] to show the date

17-19  and place of filing is [$15 if the document is in the standard form

17-20  prescribed by the Secretary of State and otherwise is $20, plus $1 for

17-21  each additional debtor or trade name.] :

17-22     (a) Twenty dollars if the record is communicated in writing and

17-23  consists of one or two pages;

17-24     (b) Forty dollars if the record is communicated in writing and

17-25  consists of more than two pages, and $1 for each page over 20

17-26  pages;

17-27     (c) Ten dollars if the record is communicated by another

17-28  medium authorized by filing-office rule; and

17-29     (d) One dollar for each additional debtor, trade name or

17-30  reference to another name under which business is done.

17-31     Sec. 4.  NRS 105.080 is hereby amended to read as follows:

17-32     105.080  1.  Upon the request of any person, the Secretary of

17-33  State shall issue his certificate showing whether there is on file , on

17-34  the date and hour stated therein, any presently effective security

17-35  instrument naming a particular public utility [,] and , if there is, giving

17-36  the date and hour of filing of the instrument and the names and

17-37  addresses of each secured party. The uniform fee for such a certificate

17-38  is [$15 if the request for the certificate is in the standard form

17-39  prescribed by the Secretary of State and otherwise is $20.] :

17-40     (a) Twenty dollars if the request is communicated in writing; and

17-41     (b) Fifteen dollars if the request is communicated by another

17-42  medium authorized by filing-office rule.

17-43     2.  Upon request , the Secretary of State or a county recorder shall

17-44  furnish a copy of any filed security instrument upon payment of the

17-45  statutory fee for copies.

17-46     Sec. 5.  NRS 108.831 is hereby amended to read as follows:

18-1      108.831  1.  If a notice of federal lien, a refiling of a notice of

18-2  federal lien [,] or a notice of revocation of any certificate described in

18-3  subsection 2 is presented to the filing officer who is:

18-4      (a) The Secretary of State, he shall cause the notice to be marked,

18-5  held and indexed in accordance with the provisions of NRS 104.9519

18-6  as if the notice were a financing statement within the meaning of the

18-7  Uniform Commercial Code.

18-8      (b) Any other officer described in NRS 108.827, he shall endorse

18-9  thereon his identification and the date and time of receipt and

18-10  forthwith file it alphabetically or enter it in an alphabetical index

18-11  showing the name of the person named in the notice and the date of

18-12  receipt.

18-13     2.  If a certificate of release, nonattachment, discharge or

18-14  subordination of any federal lien is presented to the Secretary of State

18-15  for filing he shall:

18-16     (a) Cause a certificate of release or nonattachment to be marked,

18-17  held and indexed as if the certificate were a termination statement

18-18  within the meaning of the Uniform Commercial Code, except that the

18-19  notice of lien to which the certificate relates must not be removed

18-20  from the files; and

18-21     (b) Cause a certificate of discharge or subordination to be held,

18-22  marked and indexed as if the certificate were a release of collateral

18-23  within the meaning of the Uniform Commercial Code.

18-24     3.  If a refiled notice of federal lien referred to in subsection 1 or

18-25  any of the certificates or notices referred to in subsection 2 is

18-26  presented for filing with any other filing officer specified in NRS

18-27  108.827, he shall enter the refiled notice or the certificate with the date

18-28  of filing in any alphabetical index of liens.

18-29     4.  Upon request of any person, the filing officer shall issue his

18-30  certificate showing whether there is on file, on the date and hour

18-31  stated therein, any active notice of lien or certificate or notice

18-32  affecting any lien filed under NRS 108.825 to 108.837, inclusive,

18-33  naming a particular person [,] and , if a notice or certificate is on file,

18-34  giving the date and hour of filing of each notice or certificate. The

18-35  certificate must state that it reveals active liens only. The fee for a

18-36  certificate is [$15 if the statement is in the standard form prescribed by

18-37  the Secretary of State and otherwise is $20.] :

18-38     (a) Twenty dollars if the request is communicated in writing; and

18-39     (b) Fifteen dollars if the request is communicated by another

18-40  medium authorized by filing-office rule.

18-41     5.  Upon request , the filing officer shall furnish a copy of any

18-42  notice of federal lien or notice or certificate affecting a federal lien for

18-43  the statutory fee for copies.

18-44     Sec. 6.  NRS 108.889 is hereby amended to read as follows:

18-45     108.889  1.  To perfect the lien provided for in NRS 108.887, a

18-46  producer must, not later than 45 days after the date on which the lien

18-47  attaches pursuant to NRS 108.888, file a notice of the lien in the

19-1  Office of the Secretary of State[.] in the manner set forth in NRS

19-2  104.9516 and on a form prescribed and made available by the

19-3  Secretary of State.

19-4      2.  A notice of lien that is filed pursuant to subsection 1 must be

19-5  verified by the oath of the producer and must contain:

19-6      (a) The name of the producer;

19-7      (b) The name of the processor;

19-8      (c) A statement of the terms and conditions of the contract

19-9  between the producer and the processor; and

19-10     (d) The total amount owed to the producer by the processor under

19-11  the terms of the contract, after deducting any applicable credits or

19-12  offsets.

19-13     3.  Not later than 24 hours after filing a notice of lien pursuant to

19-14  this section, a producer shall send a copy of the notice of lien to the

19-15  processor by certified mail.

19-16     Sec. 7.  NRS 247.110 is hereby amended to read as follows:

19-17     247.110  1.  When a document authorized by law to be recorded

19-18  is deposited in the county recorder’s office for recording, the county

19-19  recorder shall:

19-20     (a) Endorse upon it the time when it was received, noting:

19-21         (1) The year, month, day, hour and minute of its reception;

19-22         (2) The document number; and

19-23         (3) The amount of fees collected for recording the document.

19-24     (b) Record the document without delay, together with the

19-25  acknowledgments, proofs and certificates, written upon or annexed to

19-26  it, with the plats, surveys, schedules and other papers thereto annexed,

19-27  in the order in which the papers are received for recording.

19-28     (c) Note at the upper right corner of the record and upon the

19-29  document, except a map, so recorded the exact time of its reception,

19-30  and the name of the person at whose request it was recorded.

19-31     (d) Upon request, place a stamp or other notation upon one copy

19-32  of the document presented at the time of recording to reflect the

19-33  information endorsed upon the original pursuant to subparagraphs (1)

19-34  and (2) of paragraph (a) and as evidence that he received the original,

19-35  and return the copy to the person who presented it.

19-36     2.  In addition to the information described in paragraph (a) of

19-37  subsection 1, a county recorder may endorse upon a document the

19-38  book and page where the document is recorded.

19-39     3.  A county recorder shall not refuse to record a document on the

19-40  grounds that the document is not legally effective to accomplish the

19-41  purposes stated therein.

19-42     4.  A document, except a map, that is submitted for recording

19-43  must [:] be on a form authorized by NRS 104.9521 for the type of

19-44  filing or must:

19-45     (a) Be on paper that is 8 1/2 inches by 11 inches in size;

19-46     (b) Have a margin of 1 inch on the left and right sides and at the

19-47  bottom of each page; and

 

20-1      (c) Have a space of 3 inches by 3 inches at the upper right corner

20-2  of the first page and have a margin of 1 inch at the top of each

20-3  succeeding page.

 

20-4  H