Iowa · statute · Iowa Code ch. 684 · 15 active provisions
As used in this chapter: 1. “Affiliate” means any of the following: a. A person that directly or indirectly owns, controls, or holds with power to vote, twenty percent or more of the outstanding voting securities of the debtor, other than a person that holds the securities as either of the following: 1. As a fiduciary…
1. A debtor is insolvent if, at a fair valuation, the sum of the debtor’s debts is greater than the sum of the debtor’s assets. 2. A debtor that is generally not paying the debtor’s debts as they become due other than as a result of a bona fide dispute is presumed to be insolvent. The presumption imposes on the party a…
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…
1. 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 under any of the following circumstances: a. With actual intent to hinde…
1. 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 exchange for the transfer or obligation and the d…
For the purposes of this chapter: 1. A transfer is made under either of the following circumstances: 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-f…
1. In an action for relief against a transfer or obligation under this chapter, a creditor, subject to the limitations in section 684.8, may obtain any of the following: a. Avoidance of the transfer or obligation to the extent necessary to satisfy the creditor’s claim. b. An attachment or other provisional remedy again…
1. A transfer or obligation is not voidable under section 684.4, subsection 1, paragraph “a”, against a person that took in good faith and for a reasonably equivalent value given the debtor or against any subsequent transferee or obligee. 2. To the extent a transfer is avoidable in an action by a creditor under section…
A claim for relief with respect to a transfer or obligation under this chapter is extinguished unless action is brought as follows: 1. Under section 684.4, subsection 1, paragraph “a”, not later than four years after the transfer was made or the obligation was incurred or, if later, not later than one year after the tr…
1. In this section, a debtor’s location is determined as follows: a. A debtor who is an individual is located at the individual’s principal residence. b. A debtor that is an organization and has only one place of business is located at its place of business. c. A debtor that is an organization and has more than one pla…
1. As used in this section: a. “Protected series” means an arrangement, however denominated, created by a series organization that, pursuant to the law under which the series organization is organized, has the characteristics set forth in paragraph “b”. b. “Series organization” means an organization that, pursuant to t…
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.
This chapter shall 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.
This chapter modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. §7001 et seq., but does not modify, limit, or supersede section 101(c) of that Act, 15 U.S.C. §7001(c), or authorize electronic delivery of any of the notices described in section 103(b) of that Act, 15…
This chapter, which was formerly cited as the “Uniform Fraudulent Transfer Act”, may be cited as the “Iowa Uniform Voidable Transactions Act”.