Member States shall ensure that legal acts by which the debtor has intentionally caused a detriment to the general body of creditors are void, voidable or unenforceable where both of the following conditions are met:
(a) those acts were perfected either within the two years prior to the submission of the request that led to the opening of the insolvency proceedings or, in the absence of such a request, within the two years prior to the date of the resolution to commence insolvency proceedings, or after the date of submission of such a request or the date of such a resolution and before the opening of the insolvency proceedings;
(b) the other party to the legal act knew of the debtor’s intent to cause detriment to the general body of creditors.
For the purposes of the first paragraph, point (b), such knowledge shall be presumed if the other party to the legal act was a party closely related to the debtor. That presumption shall be rebuttable.
Text as published in the Official Journal, reproduced verbatim (including any typographical quirks of the source). For the authentic version, see EUR-Lex.
