NRS 696B.410
Prohibited and voidable transfers and liens.


1.

No insurer shall make any transfer of or create any lien upon any of its property with the intent of giving to or enabling any creditor or policyholder to obtain a greater percentage of his or her debt than any other creditor or policyholder of the same class.

2.

Any transfer of, or lien upon, any property of any insurer made or created within 4 months prior to the filing of a petition for an order to show cause under this chapter, which gives to any creditor or policyholder or enables the creditor or policyholder to obtain a greater percentage of his or her debt than any other creditor or policyholder in the same class, and which is accepted by a creditor or policyholder having reasonable cause to believe that such a preference will occur, is voidable. Where the preference consists of a transfer, such period of 4 months shall not expire until 4 months after the date of the recording or registering of the transfer if by law such recording or registering is required.

3.

Every director, officer, employee, stockholder, member or any other person acting on behalf of such insurer, who, within 2 years prior to the filing of a petition for an order to show cause against such insurer under this chapter, knowingly participates in the making of any transfer or the creation of any lien prohibited by subsection 1, and every person receiving any property of, or cash surrender from, such insurer or the benefit thereof as a result of a transaction voidable under subsection 2, shall be jointly and severally liable therefor and shall be bound to account to the Commissioner as receiver, rehabilitator, liquidator or conservator, as the case may be.

4.

The Commissioner as receiver, rehabilitator, liquidator or conservator may avoid any transfer of or lien upon the property of an insurer which any creditor, stockholder or member of such insurer might have avoided and may recover the property so transferred or its value from the person to whom it was transferred unless the person was a bona fide holder for value prior to the date of the entry of an order to show cause under this chapter. Such property may be recovered or its value collected from whoever may have received it except a bona fide holder for value.

Source: Section 696B.410 — Prohibited and voidable transfers and liens., https://www.­leg.­state.­nv.­us/NRS/NRS-696B.­html#NRS696BSec410.

696B.010
Short title.
696B.020
Applicability of chapter.
696B.030
Definitions.
696B.040
“Ancillary state” defined.
696B.050
“Creditor” defined.
696B.060
“Delinquency proceeding” defined.
696B.070
“Domiciliary state” defined.
696B.080
“Foreign country” defined.
696B.090
“General assets” defined.
696B.100
“Impairment” defined.
696B.110
“Insolvency” defined.
696B.120
“Insurer” defined.
696B.130
“Preferred claim” defined.
696B.140
“Receiver” defined.
696B.150
“Reciprocal state” defined.
696B.160
“Secured claim” defined.
696B.170
“Special deposit claim” defined.
696B.180
“State” defined.
696B.190
Jurisdiction of delinquency proceedings
696B.200
Jurisdiction over related persons and transactions
696B.210
Grounds for conservation or rehabilitation of domestic insurer or domiciled alien insurer.
696B.220
Grounds for liquidation of domestic insurer or domiciled alien insurer.
696B.230
Grounds for conservation: Foreign and alien insurers.
696B.240
Grounds for ancillary liquidation: Foreign and alien insurers.
696B.250
Commencement of proceeding.
696B.255
Commissioner as receiver, rehabilitator or liquidator authorized to appoint special deputies and advisory committee.
696B.260
Service of process.
696B.270
Injunctions.
696B.280
Uniform Insurers Liquidation Act and Insurer Receivership Model Act: Composition
696B.290
Conduct of delinquency proceedings against domestic insurers and certain alien insurers.
696B.300
Conduct of delinquency proceedings against foreign insurers.
696B.310
Claims of nonresidents against domestic insurers.
696B.320
Claims against foreign insurers.
696B.330
Form of claim
696B.332
Reporting and filing requirements of receiver
696B.334
Reporting and filing requirements of guaranty association
696B.340
Attachment and garnishment of assets
696B.350
Limitations on appointment of receiver
696B.360
Deposit of money.
696B.370
Exemption from fees.
696B.380
Borrowing on pledge of assets.
696B.390
Termination of conservation or rehabilitation.
696B.400
Date rights fixed on liquidation.
696B.410
Prohibited and voidable transfers and liens.
696B.412
Recovery by receiver of certain distributions on capital stock and payments to directors, officers and employees
696B.415
Disbursements to insurance guaranty associations
696B.420
Order of distribution of claims from estate of insurer on liquidation.
696B.430
Subordination of claims for failure to cooperate.
696B.440
Offsets.
696B.450
Allowance of certain claims.
696B.460
Time to file claims.
696B.470
Report and petition for assessment.
696B.480
Order and levy of assessment.
696B.490
Assessment prima facie correct
696B.500
Summary proceedings: Commissioner’s corrective orders authorized.
696B.510
Summary proceedings: Appeal from Commissioner’s order.
696B.520
Summary proceedings: Enforcement
696B.530
Summary proceedings: Seizure under court order.
696B.540
Summary proceedings: Seizure under Commissioner’s order.
696B.550
Summary proceedings: Conduct of administrative and judicial hearings.
696B.560
Summary proceedings: Penalty for refusal to deliver property and records.
696B.565
Officers, agents, employees and attorneys of Division: Immunity from liability
696B.570
Federal receivership.
Last Updated

Feb. 5, 2021

§ 696B.410’s source at nv​.us