§ 39-39 – Risk of loss.
39-39. Risk of loss. Any contract hereafter made in this State for the purchase and sale of realty shall be interpreted as including an agreement that the parties shall have the following rights and duties, unless the contract expressly provides otherwise: (1) If, when neither the legal title nor the possession of the subject matter […]
§ 39-44 – Definition.
39-44. Definition. The term "business trust" whenever used or referred to in this Article shall mean any unincorporated association, including an Illinois land trust, a Delaware statutory trust, or a Massachusetts business trust, engaged in any business or trade under a written instrument or declaration of trust under which the beneficial interest therein is divided […]
§ 39-23.11A – Relation to Electronic Signatures in Global and National Commerce Act.
39-23.11A. Relation to Electronic Signatures in Global and National Commerce Act. This Article modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001 et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. Section 7001(c), or authorize electronic delivery of any of […]
§ 39-23.12 – Short title.
39-23.12. Short title. This Article, which was formerly cited as the Uniform Fraudulent Transfer Act, may be cited as the Uniform Voidable Transactions Act. (1997-291, s. 2; 2015-23, s. 1.)
§ 39-26 – Recodified as G.S59B-15(a) by Session Laws 2006-226, s2(b), effective January 1, 2007.
39-26: Recodified as G.S. 59B-15(a) by Session Laws 2006-226, s. 2(b), effective January 1, 2007.
§ 39-23.4 – Transfer or obligation voidable as to present or future creditor.
39-23.4. Transfer or obligation voidable as to present or future creditor. (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) […]
§ 39-23.5 – Transfer or obligation voidable as to present creditor.
39-23.5. Transfer or obligation voidable as to present creditor. (a) A transfer made or obligation incurred by a debtor is voidable as to a creditor whose claim arose before the transfer was made or the obligation was incurred if the debtor made the transfer or incurred the obligation without receiving a reasonably equivalent value in […]
§ 39-23.6 – When transfer is made or obligation is incurred.
39-23.6. When transfer is made or obligation is incurred. For the purposes of this Article: (1) A transfer is made: a. With respect to an asset that is real property other than a fixture, but including the interest of a seller or purchaser under a contract for the sale of the asset, when the transfer […]
§ 39-23.7 – Remedies of creditor.
39-23.7. Remedies of creditor. (a) In an action for relief against a transfer or obligation under this Article, a creditor, subject to the limitations in G.S. 39-23.8, may obtain: (1) Avoidance of the transfer or obligation to the extent necessary to satisfy the creditor’s claim; (2) An attachment or other provisional remedy against the asset […]
§ 39-23.8 – Defenses, liability, and protection of transferee or obligee.
39-23.8. Defenses, liability, and protection of transferee or obligee. (a) A transfer or obligation is not voidable under G.S. 39-23.4(a)(1) against a person that took in good faith and for a reasonably equivalent value given the debtor or against any subsequent transferee or obligee. (b) To the extent a transfer is avoidable in an action […]