New Jersey § 15a:14-10

§ 15a:14-10.

a. Every transfer made and every obligation incurred by a corporation which is or

will be thereby rendered insolvent, is fraudulent as to creditors without regard to

its actual intent if the transfer is made or the obligation is incurred without a

fair consideration. b. Every transfer made without fair consideration, when the corporation making it

is engaged or is about to engage in an activity or transaction for which the assets

remaining in its hands after the transfer are unreasonably small, is fraudulent as

to creditors and as to other persons who become creditors during the continuance of

the business or transaction without regard to its actual intent. c. Every transfer made and every obligation incurred without fair consideration when

the corporation making the transfer or entering into the obligation intends to or

believes that it will incur debts beyond its ability to pay as they mature, is fraudulent

as to both present and future creditors. d. Every transfer made and every obligation incurred by a corporation with actual

intent, as distinguished from intent presumed in law, to hinder, or defraud either

present or future creditors of the corporation, is fraudulent as to both present and

future creditors. e. Every transfer made and every obligation incurred by a corporation which is or

will thereby be rendered insolvent, within 4 months prior to the commencement of a

receivership action by or against the corporation, is fraudulent as to the then existing

and future creditors: (1) if made or incurred in contemplation of the commencement

of the action or in contemplation of liquidation of all or the greater portion of

the corporation's property, with intent to use the consideration obtained for the

transfer or obligation to enable any creditor of the corporation to obtain a greater

percentage of a debt than some other creditor of the same class; and (2) if the transferee

or obligee of the transfer or obligation, at the time of the transfer or obligation,

knew or believed that the corporation intended to make that use of the consideration. f. For the purposes of this section, a transfer shall be deemed to have been made

at the time when it became so far perfected that no purchaser from the corporation

could thereafter have acquired any rights in the property so transferred superior

to the rights of the transferee therein, but, if the transfer is not so perfected

prior to the commencement of the receivership action by or against the corporation,

it shall be deemed to have been made immediately before the filing of the action.