Official Code of Georgia Annotated
Title 18. DEBTOR AND CREDITOR · Chapter 2. DEBTOR AND CREDITOR RELATIONS · Article 4. UNIFORM VOIDABLE TRANSACTIONS ACT
18-2-76. When transfer made.
Current through: Including Acts of the 2025 Regular Session of the General Assembly.
For the purposes of this article:
- (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 against whom applicable law permits the transfer to be perfected cannot acquire an interest in the asset that is superior to the interest of the transferee; and#
- (B)
With respect to an asset that is not real property or that is a fixture, when the transfer is so far perfected that a creditor on a simple contract cannot acquire a judicial lien otherwise than under this article that is superior to the interest of the transferee;#
- (2)
If applicable law permits the transfer to be perfected as provided in paragraph (1) of this Code section and the transfer is not so perfected before the commencement of an action for relief under this article, the transfer is deemed made immediately before the commencement of the action;#
- (3)
If applicable law does not permit the transfer to be perfected as provided in paragraph (1) of this Code section, the transfer is made when it becomes effective between the debtor and the transferee;#
- (4)
A transfer is not made until the debtor has acquired rights in the asset transferred; and#
History
Code 1981, § 18-2-76, enacted by Ga. L. 2002, p. 141, § 3; Ga. L. 2015, p. 996, § 4A-1/SB 65.
Read the official page (the state's PDF, opened at the page this text was read from).
Current through: Including Acts of the 2025 Regular Session of the General Assembly.
Text read from t18-t19-(v16)-2022-pdf.pdf, Volume V16, 2022 edition, pages 102 to 103; merge action: carried; file SHA-256 eddc877da9f2.