A. Unless displaced by the provisions of the Uniform Voidable Transactions Act, the principles of law and equity, including the law merchant and the law relating to principal and agent, estoppel, laches, fraud, misrepresentation, duress, coercion, mistake, insolvency or other validating or invalidating cause, supplement its provisions.
B. The provisions of the Uniform Voidable Transactions Act are not the exclusive law on the subject of voidable transfers and obligations.
C. The provisions of the Uniform Voidable Transactions Act operate independently of rules in organic law that govern the internal affairs of business organizations that limit distributions by those organizations to their equity owners. Compliance with those rules does not insulate such distributions from being voidable pursuant to the provisions of that act.
History: Laws 1989, ch. 382, § 11; 1978 Comp., § 56-10-24 recompiled and amended as § 56-10-26 by Laws 2015, ch. 54, § 19.
Recompilations. — Laws 2015, ch. 54, § 19 recompiled and amended former 56-10-24 NMSA 1978 as 56-10-26 NMSA 1978, effective January 1, 2016.
The 2015 amendment, effective January 1, 2016, substituted "Uniform Voidable Transactions Act" for references to the former Uniform Fraudulent Transfer Act; designated the previously undesignated language in the section as Subsection A; in Subsection A, after "Uniform", deleted "Fraudulent Transfer" and added "Voidable Transactions"; and added Subsections B and C.
Structure New Mexico Statutes
Chapter 56 - Commercial Instruments and Transactions
Article 10 - Uniform Voidable Transactions
Section 56-10-1 to 56-10-13 - Repealed.
Section 56-10-14 - Short title.
Section 56-10-15 - Definitions.
Section 56-10-16 - Insolvency.
Section 56-10-18 - Transfer or obligation voidable as to present or future creditor.
Section 56-10-19 - Transfer or obligation voidable as to present creditor.
Section 56-10-20 - When transfer is made or obligation is incurred.
Section 56-10-21 - Remedies of creditor.
Section 56-10-22 - Defenses, liability and protection of transferee or obligee.
Section 56-10-23 - Extinguishment of cause of action.
Section 56-10-24 - Governing law.
Section 56-10-25 - Application to series organization.
Section 56-10-26 - Supplementary provisions.
Section 56-10-27 - Uniformity of application and construction.
Section 56-10-28 - Relation to Electronic Signatures in Global and National Commerce Act.