Nevada Code § 104.8105

Notice of adverse claim
Open in Lexace · Ask the AI about this section
1. A person has notice of an adverse claim
if the person:
(a) Knows of the adverse claim;
(b) Is aware of facts sufficient to indicate that
there is a significant probability that the adverse claim exists and
deliberately avoids information that would establish the existence of the
adverse claim; or
(c) Has a duty, imposed by statute or regulation,
to investigate whether an adverse claim exists, and the investigation so
required would establish the existence of the adverse claim.
2. Having knowledge that a financial asset
or interest therein is or has been transferred by a representative imposes no
duty of inquiry into the rightfulness of a transaction and is not notice of an
adverse claim. However, a person who knows that a representative has
transferred a financial asset or interest therein in a transaction that is, or
whose proceeds are being used, for the individual benefit of the representative
or otherwise in breach of duty has notice of an adverse claim.
3. An act or event that creates a right to
immediate performance of the principal obligation represented by a security
certificate or sets a date on or after which the certificate is to be presented
or surrendered for redemption or exchange does not itself constitute notice of
an adverse claim except in the case of a transfer more than:
(a) One year after a date set for presentment or
surrender for redemption or exchange; or
(b) Six months after a date set for payment of
money against presentation or surrender of the certificate, if money was
available for payment on that date.
4. A purchaser of a certificated security
has notice of an adverse claim if the security certificate:
(a) Whether in bearer or registered form, has
been endorsed for collection or for surrender or for some other purpose not
involving transfer; or
(b) Is in bearer form and has on it an
unambiguous statement that it is the property of a person other than the
transferor, but the mere writing of a name on the certificate is not such a
statement.
5. Filing of a financing statement under
article 9 is not notice of an adverse claim to a financial asset.

‹ Prev All Nevada sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.