Transactions Considered Null and Void

Transactions Considered Null and Void

A transaction of an enterprise or cooperative that has lost its ability to pay, carried out within six months prior to the date the People’s Court issues a decision to initiate bankruptcy proceedings, shall be considered null and void if it falls under one of the following cases:

a) Transactions involving transfer of assets not at market value;

b) Converting unsecured debts into secured debts or partially secured debts with the assets of the enterprise or cooperative;

c) Payments or set-offs that benefit a creditor for debts not yet due or for an amount greater than the debt that is due;

d) Gifting assets;

đ) Transactions outside the business purposes of the enterprise or cooperative;

e) Transactions aimed at disposing of the assets of the enterprise or cooperative for other purposes.

Legal basis: Article 59, Bankruptcy Law 2014

Leave a Reply

Your email address will not be published. Required fields are marked *