Fraudulent transfers: criminalising asset moves that defeat creditor recovery, subject to intent and temporal exceptions. Criminal liability arises where a corporate debtor or its officer effects or causes transfers, gifts, charges, executions, or conceals or removes corporate property shortly before an unsatisfied judgment, thereby defrauding creditors; such acts attract imprisonment and/or fine. The provision excludes acts outside the statutory retrospective period and permits an exemption upon proof of absence of intent to defraud.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Fraudulent transfers: criminalising asset moves that defeat creditor recovery, subject to intent and temporal exceptions.
Criminal liability arises where a corporate debtor or its officer effects or causes transfers, gifts, charges, executions, or conceals or removes corporate property shortly before an unsatisfied judgment, thereby defrauding creditors; such acts attract imprisonment and/or fine. The provision excludes acts outside the statutory retrospective period and permits an exemption upon proof of absence of intent to defraud.
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