North Carolina Clauses Relating to Transactions with Insiders

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FAQ

The Uniform Voidable Transactions Act (UVTA), formerly named the Uniform Fraudulent Transfer Act (UFTA), strengthens creditor protections by providing remedies for certain transactions by a debtor that are unfair to the debtor's creditors.

Section 588FF(3)(a) of the Act provides that the time for a liquidator to commence proceedings in relation to alleged voidable transactions is the later of either 3 years after the relation-back day or 12 months after the appointment of the liquidator (the Limitation Period).

The voidable transaction by the business in distress can include the payment of money or transfer of property. For example, imagine that a business has not paid their goods supplier for the last three months. After a formal notice from the supplier, the business pays back all the money that was due.

The Uniform Voidable Transactions Act (UVTA), formerly named the Uniform Fraudulent Transfer Act (UFTA), strengthens creditor protections by providing remedies for certain transactions by a debtor that are unfair to the debtor's creditors.

(a) A transfer made or obligation incurred by a debtor is voidable as to a creditor, whether the creditor's claim arose before or after the transfer was made or the obligation was incurred, if the debtor made the transfer or incurred the obligation: (1) With intent to hinder, delay, or defraud any creditor of the ...

A transaction entered into by a company or individual that may be challenged by a liquidator or bankruptcy trustee subsequently appointed to the company or individual by application to court for relief (provided the relevant criteria are met).

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North Carolina Clauses Relating to Transactions with Insiders