If any negotiable instrument payable or endorsed to a fiduciary as such is endorsed by the fiduciary, or if any negotiable instrument payable or endorsed to his or her principal is endorsed by a fiduciary empowered to endorse such instrument on behalf of the principal, the endorsee is not bound to inquire whether the fiduciary is committing a breach of his or her obligation as fiduciary in endorsing or delivering the instrument, and is not chargeable with notice that the fiduciary is committing a breach of his or her obligation as fiduciary unless the endorsee takes the instrument with actual knowledge of such breach or with knowledge of such facts that this action in taking the instrument amounts to bad faith. If, however, such instrument is transferred by the fiduciary in payment of or as security for a personal debt of the fiduciary to the actual knowledge of the creditor, or is transferred in any transaction known by the transferee to be for the personal benefit of the fiduciary, the creditor or other transferee is liable to the principal if the fiduciary in fact commits a breach of his or her obligation as fiduciary in transferring the instrument.
[4:44:1923; NCL ยง 2988]
Structure Nevada Revised Statutes
NRS 162.030 - Application of payment made to fiduciary.
NRS 162.050 - Transfer of negotiable instrument by fiduciary.
NRS 162.060 - Check drawn by fiduciary payable to third person.
NRS 162.070 - Check drawn by and payable to fiduciary.
NRS 162.080 - Deposit in name of fiduciary as such.
NRS 162.090 - Check drawn upon account of principal.
NRS 162.100 - Deposit in personal account of fiduciary.
NRS 162.110 - Deposit in names of two or more trustees.
NRS 162.130 - Cases not provided for in NRS 162.010 to 162.140, inclusive.
NRS 162.140 - Uniformity of interpretation.
NRS 162.170 - Registration in name of fiduciary.
NRS 162.180 - Assignment by fiduciary.
NRS 162.210 - Nonliability of corporation and transfer agent.
NRS 162.220 - Nonliability of third person.
NRS 162.230 - Application of NRS 162.150 to 162.250, inclusive.
NRS 162.240 - Tax obligations.
NRS 162.250 - Uniformity of interpretation.
NRS 162.260 - Succession to powers and duties of original fiduciary.
NRS 162.270 - Continued administration by surviving fiduciary.
NRS 162.280 - Withholding of property from beneficiary.
NRS 162.310 - Limitation on duty of attorney representing fiduciary with respect to principal.