Oklahoma § 24-118 - Tests for determining when transfer is made or obligation

§ 24-118. Tests for determining when transfer is made or obligation

incurred.

For the purposes of the Uniform Fraudulent Transfer Act:

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 in accordance

with the provisions of the Uniform Fraudulent Transfer

Act that is superior to the interest of the

transferee.

2. If applicable law permits the transfer to be perfected as

provided for in paragraph 1 of this section and the transfer is not

so perfected before the commencement of an action for relief

pursuant to the provisions of the Uniform Fraudulent Transfer Act,

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 for in paragraph 1 of this section, the

transfer is made when it becomes effective between the debtor and

the transferee.

Oklahoma Statutes - Title 24. Debtor and Creditor

4. A transfer is not made until the debtor has acquired rights

in the asset transferred.

5. An obligation is incurred:

a.

if oral, when it becomes effective between the

parties; or

b.

if evidenced by a writing, when the writing executed

by the obligor is delivered to or for the benefit of

the obligee.

Added by Laws 1986, c. 100, § 7, eff. Nov. 1, 1986.