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IN SB0068

Bill

Status

Introduced

1/5/2016

Primary Sponsor

Rodric Bray

Click for details

Origin

Senate

2016 Regular Session

AI Summary

  • Enacts the Uniform Voidable Transactions Act, permitting creditors to nullify certain transfers made by debtors to recover assets.

  • Establishes comprehensive definitions for key terms including "asset," "creditor," "debtor," "transfer," "insider," and "lien" to govern fraudulent transfer actions.

  • Allows creditors to void transfers made with actual intent to defraud or without reasonably equivalent value when the debtor was insolvent or became insolvent as a result.

  • Requires creditors to bring voidable transfer claims within 4 years of the transfer (or 1 year after discovery for actual fraud claims) or the cause of action is extinguished.

  • Treats series organizations and their protected series as separate persons for purposes of the act, limiting creditors' ability to pursue assets across different series within the same organization.

Legislative Description

Uniform Voidable Transactions Act. Enacts the Uniform Voidable Transactions Act, governing the ability of a creditor to nullify certain transfers made by a debtor.

Last Action

First reading: referred to Committee on Insurance & Financial Institutions

1/5/2016

Committee Referrals

Insurance & Financial Institutions1/5/2016

Full Bill Text

No bill text available