New Hampshire HB 1127: relative to the uniform voidable transactions act.

Bill Text

HB 1127 - VERSION ADOPTED BY BOTH BODIES

11Mar2026... 0880h

21May2026... 2119EBA

2026 SESSION

 26-2276

 09/05

HOUSE BILL 1127

AN ACT relative to the uniform voidable transactions act.

SPONSORS: Rep. Lynn, Rock. 17; Rep. Berch, Ches. 6

COMMITTEE: Judiciary

─────────────────────────────────────────────────────────────────

ANALYSIS

 This bill repeals the uniform fraudulent transfer act and replaces it with the uniform voidable transactions act.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 

Explanation: Matter added to current law appears in bold italics.

 Matter removed from current law appears [in brackets and struckthrough.]

 Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

11Mar2026... 0880h

21May2026... 2119EBA 26-2276

 09/05

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty-Six

AN ACT relative to the uniform voidable transactions act.

Be it Enacted by the Senate and House of Representatives in General Court convened:

 1 New Chapter; Uniform Voidable Transactions Act. Amend RSA by inserting after chapter 545-A the following new chapter:

CHAPTER 545-B

UNIFORM VOIDABLE TRANSACTIONS ACT

 545-B:1 Definitions. As used in this chapter: 

 I. “Affiliate” means: 

 (a) A person that directly or indirectly owns, controls, or holds with power to vote, 20 percent or more of the outstanding voting securities of the debtor, other than a person that holds the securities: 

 (1) As a fiduciary or agent without sole discretionary power to vote the securities; or 

 (2) Solely to secure a debt, if the person has not in fact exercised the power to vote; 

 (b) A corporation 20 percent or more of whose outstanding voting securities are directly or indirectly owned, controlled, or held with power to vote, by the debtor or a person that directly or indirectly owns, controls, or holds, with power to vote, 20 percent or more of the outstanding voting securities of the debtor, other than a person that holds the securities: 

 (1) As a fiduciary or agent without sole discretionary power to vote the securities; or 

 (2) Solely to secure a debt, if the person has not in fact exercised the power to vote; 

 (c) A person whose business is operated by the debtor under a lease or other agreement, or a person substantially all of whose assets are controlled by the debtor; or 

 (d) A person that operates the debtor’s business under a lease or other agreement or controls substantially all of the debtor’s assets. 

 II. “Asset” means property of a debtor, but the term does not include: 

 (a) Property to the extent it is encumbered by a valid lien; 

 (b) Property to the extent it is generally exempt under non-bankruptcy law; or 

 (c) An interest in property held in tenancy by the entireties to the extent it is not subject to process by a creditor holding a claim against only one tenant. 

 III. “Claim”, except as used in “claim for relief”, means a right to payment, whether or not the right is reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, equitable, secured, or unsecured. 

 IV. “Creditor” means a person that has a claim. 

 V. “Debt” means liability on a claim. 

 VI. “Debtor” means a person that is liable on a claim. 

 VII. “Electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. 

 VIII. “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 subparagraph (a)(2); 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 subparagraph (b)(4); 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, 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 subparagraph (c)(3); 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. 

 IX. “Lien” means a charge against or an interest in pro