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“Point in Time” Act Content

FRAUDULENT PREFERENCE ACT

[RSBC 1996] CHAPTER 164

NOTE: Links below go to act content as it was prior to the changes made on the effective date. (PIT covers changes made from September 6, 2000 to "current to" date of the act.)
SECTIONEFFECTIVE DATE
3March 30, 2023
11July 1, 2010

  Section 3 BEFORE amended by 2023-10-288, effective March 30, 2023 (Royal Assent).

Transfers which prejudice creditors

3   Subject to section 6, a disposition of property by a person at a time when the person is in insolvent circumstances, is unable to pay the person's debts in full, or knows that he or she is on the eve of insolvency, is void as against an injured creditor, if made

(a) with intent to defeat, hinder, delay or prejudice creditors or some of them, and

(b) to or for a creditor with intent to give the creditor preference over other creditors or some of them.

  Section 11 (1) BEFORE amended by 2010-6-96,Sch 6, effective July 1, 2010.

(1)  A notice of motion for an order under section 9 may contain a description of the land in question, and on filing it with the proper officer, signed by the applicant's solicitor, a certificate of a court proceeding may be issued for registration.