This is Part III of my walking tour of the Uniform Voidable Transactions Act (UVTA), or the 2014 Revisions to the Uniform Fraudulent Transfers Act. This article covers the tests for whether a transaction is voidable. The UVTA provides for five tests to determine if the transaction if voidable. The five test, and where they are found in the UVTA, are:The Intent Test, § 4(a)(1);The Capitalization Test, § 4(a)(2)(i);The Equity-Sense Insolvency Test, § 4(a)(2)(ii);The Insolvency Test, § 5(a); andThe Insider Preference Test, § (5)(b). The Insolvency Test of §5(a) is sometimes referred to as the "Balance-Sheet Insolvency Test", so as to distinguish it from the Equity-Sense Insolvency Test of § 4(a)(2)(ii).

Source: Forbes March 25, 2017 23:48 UTC