§ 58-30-147. Voidable transfers for federal home loan banks.
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§ 58-30-147. Voidable transfers for federal home loan banks.
(a)The receiver for an insurer-member of a federal home loan bank shall not void any obligation to transfer or transfer of money or other property arising under a federal home loan bank security, pledge, collateral, or guarantee agreement or any other similar arrangement or credit enhancement related to a federal home loan bank security agreement when the agreement or arrangement is made
(i)in the ordinary course of business and
(ii)in compliance with the applicable federal home loan bank agreement.
(b)Notwithstanding subsection
(a)of this section, a transfer may be avoided if the transfer is made with intent to hinder, delay, or defraud the insurer-member, the receiver for the insurer-member, existing creditors, or future creditors.
(c)Nothing in this section is intended to affect a receiver's rights regarding advances to an insurer-member in delinquency proceedings under 12 C.F.R. § 1266.4. (2017-164, s. 1(c).)