Treatment of fraudulent and preferential transfers.

CFR · 2024-01-01 · US · Title 12

(a) (b) (2) In applying 12 U.S.C. 5390(a)(11)(H)(i)(II) to a transfer of real property, other than fixtures, but including the interest of a seller or purchaser under a contract for the sale of real property, for purposes of 12 U.S.C. 5390(a)(11)(B), the Corporation, as receiver of a covered financial company or a covered subsidiary, which is thereafter deemed to be a covered financial company pursuant to 12 U.S.C. 5390(a)(1)(E)(ii), shall determine whether the transfer has been perfected such that a (3) In applying 12 U.S.C. 5390(a)(11)(H)(i)(II) to a transfer of a (c) (1) Except as provided in paragraph (c)(2) of this section, a transfer shall be deemed to have been made (i) At the time such transfer takes effect between the transferor and the transferee, if such transfer is perfected at, or within 30 days after, such time, except as provided in paragraph (c)(1)(ii) of this section; (ii) At the time such transfer takes effect between the transferor and the transferee, with respect to a transfer of an interest of the transferor in property that creates a security interest in property acquired by the transferor: (A) To the extent such security interest secures new value that was: ( ( ( ( (B) That is perfected on or before 30 days after the transferor receives possession of such property; (iii) At the time such transfer is perfected, if such transfer is perfected after the 30-day period described in paragraph (c)(1)(i) or (ii) of this section, as applicable; or (iv) Immediatel

official document · source cfr-2024 · id 12:§ 380.9