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Maryland State MarylandVoidableTransactionUVTAFraudulentTransferUFTA



Maryland Uniform Fraudulent Conveyance Act

Maryland UFCA a/k/a MDUFCA or MUFCA

(Non-Uniform Statute)

MD Code Com. Law, § 15-201, et seq.

{ Check Currency - Current Only As Of January 1, 2020 }

§ 15-201. Definitions

(a) In this subtitle the following words have the meanings indicated.
(b)
(1) “Assets” means property of a debtor not exempt from liability for his debts.
(2) “Assets” includes any property to the extent that the property is liable for any debts of a debtor.
(c) “Conveyance” includes every payment of money, assignment, release, transfer, lease, mortgage, or pledge of tangible or intangible property, and also the creation of any lien or incumbrance.
(d) “Creditor” means a person who has any claim, whether matured or unmatured, liquidated or unliquidated, absolute, fixed, or contingent.
(e) “Debt” includes any legal liability, whether matured or unmatured, liquidated or unliquidated, absolute, fixed, or contingent.

§ 15-202. Insolvency

(a) A person is insolvent if the present fair market value of his assets is less than the amount required to pay his probable liability on his existing debts as they become absolute and matured.
(b) In determining if a partnership is insolvent, there shall be added to the partnership property:
(1) The present fair market value of the separate assets of each general partner in excess of the amount probably sufficient to meet the claims of his separate creditors; and
(2) The amount of any unpaid subscription to the partnership of each limited partner, if the present fair market value of the assets of the limited partner is probably sufficient to pay his debts, including the unpaid subscription.

§ 15-203. Fair consideration

Fair consideration is given for property or an obligation, if:
(1) In exchange for the property or obligation, as a fair equivalent for it and in good faith, property is conveyed or an antecedent debt is satisfied; or
(2) The property or obligation is received in good faith to secure a present advance or antecedent debt in an amount not disproportionately small as compared to the value of the property or obligation obtained.

§ 15-204. Conveyance by insolvent

Every conveyance made and every obligation incurred by a person who is or will be rendered insolvent by it is fraudulent as to creditors without regard to his actual intent, if the conveyance is made or the obligation is incurred without a fair consideration.

§ 15-205. Conveyance by person in business

Every conveyance made without fair consideration when the person who makes it is engaged or is about to engage in a business or transaction for which the property remaining in his hands after the conveyance is an unreasonably small capital, is fraudulent as to creditors and other persons who become creditors during the continuance of the business or transaction without regard to his actual intent.

§ 15-206. Conveyance by a person about to incur debts

Every conveyance made and every obligation incurred without fair consideration when the person who makes the conveyance or who enters into the obligation intends or believes that he will incur debts beyond his ability to pay as they mature, is fraudulent as to both present and future creditors.

§ 15-207. Conveyance made with intent to defraud

Every conveyance made and every obligation incurred with actual intent, as distinguished from intent presumed in law, to hinder, delay, or defraud present or future creditors, is fraudulent as to both present and future creditors.

§ 15-208. Conveyance of partnership property

(a) Every conveyance of partnership property and every partnership obligation incurred when the partnership is or will be rendered insolvent by it, is fraudulent as to partnership creditors, if the conveyance is made or the obligation is incurred to:
(1) A partner, whether with or without a promise by him to pay partnership debts, unless the conveyance or obligation represents fair and reasonable compensation for services provided or to be provided by the partner to the partnership and the services are provided or will be provided within 120 days before or after the date the conveyance is made or the obligation is incurred; or
(2) A person not a partner, without fair consideration to the partnership as distinguished from consideration to the individual partners.
(b) Every conveyance of limited liability company property and every limited liability company obligation incurred when the limited liability company is or will be rendered insolvent by it, is fraudulent as to creditors of the limited liability company, if the conveyance is made or the obligation is incurred to:
(1) A member, whether with or without a promise by him to pay the limited liability company’s debts, unless the conveyance or obligation represents fair and reasonable compensation for services provided or to be provided by the member to the limited liability company and the services are provided or will be provided within 120 days before or after the date the conveyance is made or the obligation is incurred; or
(2) A person not a member, without fair consideration to the limited liability company as distinguished from consideration to the individual members.

§ 15-209. Rights of creditor whose claim has matured

(a) If a conveyance or obligation is fraudulent as to a creditor whose claim has matured, the creditor, as against any person except a purchaser for fair consideration without knowledge of the fraud at the time of the purchase or one who has derived title immediately or immediately from such a purchaser, may:
(1) Have the conveyance set aside or obligation annulled to the extent necessary to satisfy the claim; or
(2) Levy on or garnish the property conveyed as if the conveyance were not made.
(b) In an action to have a conveyance set aside or an obligation annulled, it is not necessary as a condition to the granting of relief that the creditor first obtain judgment on the claim.
(c) A purchaser who without actual fraudulent intent has given less than a fair consideration for the conveyance or obligation may retain the property or obligation as security for repayment.

§ 15-210. Rights of creditor whose claim has not matured

(a) If a conveyance made or obligation incurred is fraudulent as to a creditor whose claim has not matured, he may proceed in a court of competent jurisdiction against any person against whom he could have proceeded had his claim matured.
(b) In the proceeding, the court may:
(1) Restrain the defendant from disposing of his property;
(2) Appoint a receiver to take charge of the property;
(3) Set aside the conveyance or annul the obligation; or
(4) Enter any order which the circumstances of the case require.

§ 15-210.1. Conveyances not fraudulent

A conveyance is not fraudulent as to a creditor if, conducted in accordance with applicable law, the conveyance results from:
(1) A foreclosure sale;
(2) A sale to enforce a statutory lien;
(3) A judicial sale; or
(4) A sale of property under levy.

§ 15-211. Cases not provided for in subtitle

In any case not provided for in this subtitle, the rules of law and equity, including the law merchant, the law of principal and agent, and the effect of fraud, misrepresentation, duress or coercion, mistake, bankruptcy, or other invalidating cause, shall govern.

§ 15-212. Construction of subtitle

This subtitle shall be interpreted and construed to effectuate its general purpose to make uniform the law of the states which enact it.

§ 15-213. Certain statutes not repealed

This subtitle does not repeal the law relating to:
(1) Fraudulent conveyances from one spouse to the other, as provided in §§ 4-205, 4-206, and 4-301 of the Family Law Article;
(2) Priorities and preferences in insolvency, as provided in Subtitle 1 of this title; or
(3) Bulk transfers, as defined in Title 6 of this article.

§ 15-214. Short title

This subtitle may be cited as the Maryland Uniform Fraudulent Conveyance Act.





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