Washington · statute · Wash. Rev. Code ch. 19.40 · 17 active provisions
As used in this chapter:(1) "Affiliate" means:(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:(i) As a fiduciary or agent without sole discretionary power to vot…
(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…
(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 debt…
(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:(a) With actual intent to hinder, delay, or defraud any creditor of the…
(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…
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…
(1) In an action for relief against a transfer or obligation under this chapter, a creditor, subject to the limitations in RCW 19.40.081, may obtain:(a) Avoidance of the transfer or obligation to the extent necessary to satisfy the creditor's claim;(b) An attachment or other provisional remedy against the asset transfe…
(1) A transfer or obligation is not voidable under RCW 19.40.041(1) or 19.40.051(1) against a person that took in good faith and for a reasonably equivalent value whether or not given to the debtor or against any subsequent transferee or obligee.(2) To the extent a transfer is avoidable in an action by a creditor under…
A claim for relief with respect to a transfer or obligation under this chapter is extinguished unless action is brought:(1) Under RCW 19.40.041(1)(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 transfer or obligation was or could…
(1) In this section, the following rules determine a debtor's location:(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 o…
(1) 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 (b) of this subsection.(b) "Series organization" means an organization that, pursuant to…
This chapter modifies, limits, or supersedes the electronic signatures in global and national commerce act, 15 U.S.C. Sec. 7001 et seq., but does not modify, limit, or supersede section 101(c) of that act, 15 U.S.C. Sec. 7001(c), or authorize electronic delivery of any of the notices described in section 103(b) of that…
This chapter, which was formerly cited as the uniform fraudulent transfer act, may be cited as the uniform voidable transactions act.
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.
For the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married person…
(1) Chapter 57, Laws of 2017 applies to a transfer made or obligation incurred on or after July 23, 2017.(2) Chapter 57, Laws of 2017 does not apply to a transfer made or obligation incurred before July 23, 2017.(3) Chapter 57, Laws of 2017 does not apply to a right of action that has accrued before July 23, 2017.(4) F…