Fraudulent Conveyance in UK Law
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Piercing the Corporate Veil: Shareholder Liability for Corporate Torts
... ... Successor lia bility is akin to fraudulent conveyance, which is discussed below. A more extensiv e concept of ... ...
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The Penetration of Asset Protection Trusts
People seek to accumulate, maintain and protect wealth. The trust relation is among the most popular and flexible legal models available in furtherance of these ends, particularly in the offshore w...... ... that have been effected in the Bahamas to the law governing fraudulent convey-ances. This area of law has been extant in the Anglo-Saxon legal ... century, with the enactment by Parliament of the Fraudulent Conveyance Act 1571 (13 Elizabeth 1) ch 5. The Act has thus operated for over 400 ... ...
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Receivers and the Rights of Secured Creditors under Bermuda Law
... ... by the court 319 Avoidance of security on insolvency 322 Fraudulent conveyances 322 Fraudulent preferences 323 Avoidance of floating charges ... involves a transaction at an undervalue, the fraudulent conveyance provisions of the Conveyancing Act 1983 may be engaged, as described ... ...
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The offshore trust: a catalyst for development
Purpose: To illuminate a new field of legal study – offshore financial law, especially the offshore trust and how it impacts on financial crime. Design/methodology/approach: Analytical approach to...... ... or even criminal liability as isthe case for fraud (including fraudulent conveyances) or money laundering. Suchprofessionals are being held to ... that the trust is not to be declared a sham or a fraudulent conveyance.For example, it may be declared a sham if the evidence shows that the ... ...
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Trust Litigation in Bermuda
... ... seeks to set aside a transfer of assets to a trustee as a fraudulent conveyance, or where a transfer of assets to a trustee is sought to be set ... ...
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Of ‘Landmark’ or ‘Leading’ Cases: Salomon's Challenge
This article seeks to question the two dominant conceptions of ‘landmark’ or ‘leading’ cases in English legal scholarship, using the House of Lords decision in Salomon v. Salomon Co Ltd. – the most...... ... the conversions from partnerships to companies were caused by fraudulent promoters: Hannah, op. cit., n. 83, p. 19. The massive frauds committed by ... could have been simply explained on the basis of fraudulent conveyance under the Bankruptcy Act 1883. 119 In the Court of Appeal decision in ... ...
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The use of anti-money laundering tools to regulate Ponzi and other fraudulent investment schemes
Purpose: The purpose of this paper is to explore dynamic issues relating to Ponzi and other fraudulent investment schemes to demonstrate how scammers convince victims of investment opportunities th...... ... who received paymentsfrom the fund during the last two years may also face the risk that those payments will betreated as a fraudulent conveyance, and must be repaid to the fund. If a debtor, such as thefund, transfers assets to a third party to avoid the claims of creditors, the money ... ...
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A Study In The Interrelation Between Choice Of Law Clauses And The Conflict Of Laws
... ... cases :- (a) If in England or elsewhere he makes a conveyance or assign- ment of his property to a trustee or trustees for ... ; (b) If in England or elsewhere he makes a fraudulent convey- ance, gift, delivery, or transfer of his property, or ... ...
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NOTES OF CASES
... ... S. A. DE SMITE. AVOIDANCE OF FRAUDULENT CONVEYANCE THE facts of Re Eichholz were sufllciently remarkable ... ...
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THE VALIDATION OF TRANSACTIONS INVOLVING THE PROPERTY OF INSOLVENT DEBTORS—A comparison of judicial discretion with a statutory code
... ... unless they fell within specified exceptions such as fraudulent con- veyances, voluntary settlements or fraudulent preference ... v. Stanton [I9231 1 K.B. 516 (as to fraudulent conveyance ... ...
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