Nev. Rev. Stat. § 112.140
Short title
This chapter may be cited as the Uniform Fraudulent Transfer Act.
Nevada Revised Statutes Chapter 112 — Fraudulent Transfers (Uniform Act)
Nevada · statute · Nev. Rev. Stat. ch. 112 · 12 active provisions
Provisions
Nev. Rev. Stat. § 112.150
Definitions
As used in this chapter, unless the context otherwise requires: 1. “Affiliate” means: (a) A person who directly or indirectly owns, controls or holds with power to vote, 20 percent or more of the outstanding voting securities of the debtor, other than a person who holds the securities: (1) As a fiduciary or agent witho…
Nev. Rev. Stat. § 112.160
Insolvency
1. A debtor is insolvent if the sum of the debtor’s debts is greater than all of the debtor’s assets at a fair valuation. 2. A debtor who is generally not paying his or her debts as they become due is presumed to be insolvent. 3. A partnership is insolvent under subsection 1 if the sum of the partnership’s debts is gre…
Nev. Rev. Stat. § 112.170
Value; reasonably equivalent value; present value
1. Value is given for a transfer or an obligation if, in exchange for the transfer or obligation, property is transferred or an antecedent debt is secured or satisfied, but value does not include an unperformed promise made otherwise than in the ordinary course of the promisor’s business to furnish support to the debto…
Nev. Rev. Stat. § 112.180
Transfer made or obligation incurred with intent to defraud or without receiving reasonably equivalent value; determination of intent
1. A transfer made or obligation incurred by a debtor is fraudulent 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: (a) With actual intent to hinder, delay or defraud any creditor of th…
Nev. Rev. Stat. § 112.190
Transfer made or obligation incurred by insolvent
1. A transfer made or obligation incurred by a debtor is fraudulent 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 exchange for the transfer or obligation and the…
Nev. Rev. Stat. § 112.200
Time at which transfer or obligation deemed made or incurred
For the purposes of this chapter: 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 is so far perfected that a good faith purchaser of the asset from the debtor…
Nev. Rev. Stat. § 112.210
Rights of creditor in action for relief against transfer or obligation
1. In an action for relief against a transfer or obligation under this chapter, a creditor, subject to the limitations in NRS 112.220, may obtain: (a) Avoidance of the transfer or obligation to the extent necessary to satisfy the creditor’s claim; (b) An attachment or garnishment against the asset transferred or other…
Nev. Rev. Stat. § 112.220
Avoidance of transfer or obligation: Protection of good faith transferee or obligee; recovery of judgment for value of asset transferred; certain transfers not voidable
1. A transfer or obligation is not voidable under paragraph (a) of subsection 1 of NRS 112.180 against a person who took in good faith and for a reasonably equivalent value or against any subsequent transferee or obligee. 2. Except as otherwise provided in this section, to the extent a transfer is voidable in an action…
Nev. Rev. Stat. § 112.230
Limitation of actions; exception for spendthrift trusts
1. A claim for relief with respect to a fraudulent transfer or obligation under this chapter is extinguished unless action is brought: (a) Under paragraph (a) of subsection 1 of NRS 112.180, within 4 years after the transfer was made or the obligation was incurred or, if later, within 1 year after the transfer or oblig…
Nev. Rev. Stat. § 112.240
Supplementary general provisions of law applicable
Unless displaced by the provisions of this chapter, the principles of law and equity, including the law merchant and the law relating to principal and agent, estoppel, laches, fraud, misrepresentation, duress, coercion, mistake, insolvency or other validating or invalidating cause, supplement its provisions.
Nev. Rev. Stat. § 112.250
Construction of chapter
This chapter must be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it.