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The Fraudulent Conveyances Act
This is an unofficial version.
If you need an official copy, use the bilingual (PDF) version.

This version is current as of December 11, 2017.
It has been in effect since February 1, 1988, when this Act came into force.
 

C.C.S.M. c. F160

THE FRAUDULENT CONVEYANCES ACT

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

Definitions

1           In this Act,

"conveyance" includes transfer, assignment, delivery over, payment, gift, grant, alienation, bargain, charge, encumbrance, limitation of use or uses of, in, to or out of real property or personal property, by writing or otherwise; (« transfert »)

"personal property" includes goods, chattels, effects, bills, bonds, notes and securities, and shares, dividends, premiums and bonuses in any bank, company or corporation, and any interest therein; (« biens personnels »)

"real property" includes lands, tenements, hereditaments, and any estate or interest therein. (« biens réels »)

When conveyances declared void as against creditors

2           Every conveyance of real property or personal property and every bond, suit, judgment, and execution at any time had or made, or at any time hereafter to be had or made, with intent to defeat, hinder, delay or defraud creditors or others of their just and lawful actions, suits, debts, accounts, damages, penalties, or forfeitures is void as against such persons and their assigns.

Saving as to conveyances by tenants in tail

3           Where a conveyance made by a tenant in tail is impeached under section 2, it is nevertheless as valid as against the heirs in tail and all persons entitled in reversion or remainder as if this Act had not been passed.

Saving as to conveyances made bona fide and for good consideration

4           Section 2 does not extend to any estate or interest in real property or personal property conveyed upon good consideration and bona fide to any person not having, at the time of the conveyance to him, notice or knowledge of that intent.

How far valuable consideration and intent to pass interest to avail

5           Section 2 applies to every conveyance executed with the intent in that section set forth, notwithstanding that it may be executed upon a valuable consideration and with the intention, as between the parties thereto, of actually transferring to, and for the benefit of, the transferee the interest expressed to be thereby transferred, unless it is protected, under section 4, by reason of bona fides and want of notice or knowledge on the part of the purchaser.