25:2-22. Definitions: I to Z
As used in this article:
"Insider" includes:
a. If the debtor is an individual,
(1) A relative of the debtor or of a general partner of the debtor;
(2) A partnership in which the debtor is a general partner;
(3) A general partner in a partnership described in paragraph (2) of subsection a. of this definition; or
(4) A corporation of which the debtor is a director, officer, or person in control;
b. If the debtor is a corporation,
(1) A director of the debtor;
(2) An officer of the debtor;
(3) A person in control of the debtor;
(4) A partnership in which the debtor is a general partner;
(5) A general partner in a partnership described in paragraph (4) of subsection b. of this definition; or
(6) A relative of a general partner, director, officer, or person in control of the debtor;
c. If the debtor is a partnership,
(1) A general partner in the debtor;
(2) A relative of a general partner in, or a general partner of, or a person in control of the debtor;
(3) Another partnership in which the debtor is a general partner;
(4) A general partner in a partnership described in paragraph (3) of subsection c. of this definition; or
(5) A person in control of the debtor;
d. An affiliate, or an insider of an affiliate as if the affiliate were the debtor; and
e. A managing agent of the debtor.
"Lien" means a charge against or an interest in property to secure payment of a debt or performance of an obligation, and includes a security interest created by agreement, a judicial lien obtained by legal or equitable process or proceedings, a common-law lien, or a statutory lien.
"Person" means an individual, partnership, corporation, association, organization, government or governmental subdivision or agency, business trust, estate, trust, or any other legal or commercial entity.
"Property" means anything that may be the subject of ownership.
"Relative" means an individual related by consanguinity within the third degree as determined by the common law, a spouse, or an individual related to a spouse within the third degree as so determined, and includes an individual in an adoptive relationship within the third degree.
"Transfer" means every mode, direct or indirect, absolute or conditional, voluntary or involuntary, of disposing of or parting with an asset or an interest in an asset, and includes payment of money, release, lease, and creation of a lien or other encumbrance.
"Valid lien" means a lien that is effective against the holder of a judicial lien subsequently obtained by legal or equitable process or proceedings. Source: New.
L. 1988, c. 74, s. 1.
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Last modified: October 11, 2016