If a check is drawn upon the account of his or her principal in a bank by a fiduciary who is empowered to draw checks upon the principal’s account, the bank is authorized to pay such check without being liable to the principal, unless the bank pays the check with actual knowledge that the fiduciary is committing a breach of his or her obligation as fiduciary in drawing such check, or with knowledge of such facts that its action in paying the check amounts to bad faith. If, however, such a check is payable to the drawee bank and is delivered to it in payment of or as security for a personal debt of the fiduciary to it, the bank is liable to the principal if the fiduciary in fact commits a breach of his or her obligation as fiduciary in drawing or delivering the check.
[8:44:1923; NCL § 2992]
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.