reglab/statecodes huggingface dataset:
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:21-36 - Reports of convictions of manufacturers and practitioners.

24:21-36 Reports of convictions of manufacturers and practitioners.
36. Reports of convictions of manufacturers and practitioners. Whenever a manufacturer or practitioner is convicted of violating any provision of P.L.1970, c.226 (C.24:21-1 et seq.), as amended and supplemented, or of a rule or regulation issued thereunder or of any offense defined in chapter 35 or 36 of Title 2C of the New Jersey Statutes, the court shall cause a copy of the judgment and sentence and opinion of the court, if any, to be sent to the division or professional board, as the case may be, by which the defendant was registered or licensed.
L.1970, c.226, s.36; amended 1987, c.106, s.22; 2007, c.244, s.19.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:21-37 - Burden of proof; liabilities; immunity

24:21-37. Burden of proof; liabilities; immunity
a. It shall not be necessary for the State to negate any exemption or exception set forth in this act in any complaint, information, indictment or other pleading or in any trial, hearing, or other proceeding under this act, and the burden of proof of any such exemption or exception shall be upon the person claiming its benefit.
b. In the absence of proof that a person is the duly authorized holder of an appropriate registration or order form issued under this act, he shall be presumed not to be the holder of such registration or form, and the burden of proof shall be upon him to rebut such presumption.
c. No liability shall be imposed by virtue of this act upon any duly authorized State officer, engaged in the enforcement of this act, who shall be engaged in the enforcement of any law or municipal ordinance relating to controlled dangerous substances.
L.1970, c. 226, s. 37.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:21-38 - Judicial review.

24:21-38 Judicial review.
38. Judicial review. All final determinations, findings and conclusions of the director under P.L.1970, c.226 (C.24:21-1 et seq.), as amended and supplemented, shall be final and conclusive decisions of the matters involved, subject to the provisions for judicial review provided by the Rules of Court.
L.1970, c.226, s.38; amended 2007, c.244, s.20.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:21-40 - Pending proceedings

24:21-40. Pending proceedings
a. Prosecutions for any violation of law occurring prior to the effective date of this act shall not be affected or abated by the repealers contained in section 47 of this act.
b. Civil seizures or forfeitures and injunctive proceedings commenced prior to the effective date of this act shall not be affected or abated by the repealers contained in section 47 of this act.
c. All administrative proceedings pending before any enforcing authority on the effective date of this act shall be continued and brought to final determination in accord with laws and regulations in effect prior to the effective date of this act. Such drugs placed under control prior to the effective date of this act which are not listed within Schedules I through IV shall automatically be controlled and listed in the appropriate schedule.
d. The provisions of this act shall be applicable to violations of law, seizures and forfeiture, injunctive proceedings, administrative proceedings and investigations which occur following its effective date.
L.1970, c. 226, s. 40.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:21-43 - Severability

24:21-43. Severability
If any clause, sentence, subdivision, paragraph, section or part of this act be adjudged to be unconstitutional or invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, subdivision, paragraph, section or part thereof directly involved in the case in which said judgment shall have been rendered.
L.1970, c. 226, s. 43.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:21-44 - Study of penalties relating to use and possession of marihuana

24:21-44. Study of penalties relating to use and possession of marihuana
Within 1 year after the date the Federal Commission on Marihuana and Drug Abuse submits its report to the President and the United States Congress, the Legislature shall conduct a comprehensive study and review of the penalties established in this act concerning offenses relating to the use and possession of marihuana.
L.1970, c. 226, s. 46.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:21-45 - Repealer

24:21-45. Repealer
The following acts and parts of acts are repealed:
R.S. 24:18-1 to 24:18-7, 24:18-9 to 24:18-16, 24:18-18 to 24:18-28, 24:18-30 to 24:18-48 (constituting the remaining sections in chapter 18 of Title 24 of the Revised Statutes not previously repealed); P.L.1953, chapter 190 (C. 24:18-24.1, 24:18-24.2); P.L.1951, chapter 57 (C. 24:18-38.1 to 24:18-38.3); P.L.1966, chapter 314, sections 1-3 (C. 24:6C-1 to 24:6C-3); N.J.S. 2A:170-8.
L.1970, c. 226, s. 47.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:21-52 - Seizure in violation of act

24:21-52. Seizure in violation of act
Drug paraphernalia seized in violation of this act shall be subject to the forfeiture provisions of Chapter 64 of the "New Jersey Code of Criminal Justice" (N.J.S. 2C:64-1 et seq.).
L.1980, c. 133, s. 7.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:21-53 - Severability

24:21-53. Severability
If any provisions of sections 2, 3, 4, 5, 6 and 7 or the application thereof to any person or circumstance are held invalid, the invalidity shall not affect other provisions or applications of the sections which can be given effect without the invalid provision or application, and to this end the provisions of sections 2, 3, 4, 5, 6 and 7 are severable.
L.1980, c. 133, s. 8.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:21-54 - "Controlled Dangerous Substances Administration and Enforcement Fund."

24:21-54 "Controlled Dangerous Substances Administration and Enforcement Fund."
23. a. There is established in the Department of the Treasury a special, dedicated nonlapsing fund to be known as the "Controlled Dangerous Substances Administration and Enforcement Fund." The fund shall be the depository for fees, cost recoveries and penalties collected in connection with the "New Jersey Controlled Dangerous Substances Act," P.L.1970, c.226 (C.24:21-1 et seq.), as amended and supplemented, and the Prescription Monitoring Program established pursuant to section 25 of P.L.2007, c.244 (C.45:1-45). Monies deposited in the fund and the interest earned thereon shall be used for the collection of information, administration and enforcement of laws relating to controlled dangerous substances.
b. The Legislature shall annually appropriate monies from the fund to the Division of Consumer Affairs in the Department of Law and Public Safety for the collection of information, administration, and enforcement of laws relating to controlled dangerous substances.
L.2007, c.244, s.23.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:21-56 - Rules, regulations.

24:21-56 Rules, regulations.
2. Notwithstanding the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) to the contrary, the Director of the Division of Consumer Affairs in the Department of Law and Public Safety may adopt immediately upon filing with the Office of Administrative Law such rules and regulations as the director determines to be necessary to implement the "Project Medicine Drop" program established by section 1 of P.L.2015, c.35 (C.24:21-55), which rules and regulations shall be effective for a period not to exceed 360 days following the effective date of P.L.2015, c.35 (C.24:21-55 et seq.) and may thereafter be amended, adopted, or readopted by the director in accordance with the requirements of P.L.1968, c.410.
L.2015, c.35, s.2.
2023 New Jersey Revised Statutes › Title 25 - Frauds and Fraudulent Conveyances › Section 25:1-5 - Promises or agreements not binding unless in writing.

25:1-5 Promises or agreements not binding unless in writing.
25:1-5. Promises or agreements not binding unless in writing. No action shall be brought upon any of the following agreements or promises, unless the agreement or promise, upon which such action shall be brought or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or by some other person thereunto by him lawfully authorized:
a. (Deleted by amendment, P.L.1995, c.360.)
b. (Deleted by amendment, P.L.1995, c.360.)
c. An agreement made upon consideration of marriage entered into prior to the effective date of the "Uniform Premarital Agreement Act," N.J.S.37:2-31 et seq.;
d. (Deleted by amendment, P.L.1995, c.360.)
e. (Deleted by amendment, P.L.1995, c.360.)
f. A contract, promise, undertaking or commitment to loan money or to grant, extend or renew credit, in an amount greater than $100,000, not primarily for personal, family or household purposes, made by a person engaged in the business of lending or arranging for the lending of money or extending credit. For the purposes of this subsection, a contract, promise, undertaking or commitment to loan money shall include agreements to lease personal property if the lease is primarily a method of financing the obtaining of the property;
g. An agreement by a creditor to forbear from exercising remedies pursuant to a contract, promise, undertaking or commitment which is subject to the provisions of subsection f. of this section; or
h. A promise by one party to a non-marital personal relationship to provide support or other consideration for the other party, either during the course of such relationship or after its termination. For the purposes of this subsection, no such written promise is binding unless it was made with the independent advice of counsel for both parties.
amended 1991, c.86; 1995, c.360, s.8; 2009, c.311.
2023 New Jersey Revised Statutes › Title 25 - Frauds and Fraudulent Conveyances › Section 25:1-10 - Definitions

25:1-10. Definitions
1. Definitions. As used in this act:
"Interest in real estate" means any right, title or estate in real estate, and shall include a lease of real estate, a lien on real estate, a profit, an easement, an interest in a trust in real estate and a share in a cooperative apartment.
"Transfer of an interest in real estate" means the sale, gift, creation or extinguishment of an interest in real estate.
Source: R.S.25:1-1 through 25:1-4, 25:1-5(d).
L.1995,c.360,s.1.
2023 New Jersey Revised Statutes › Title 25 - Frauds and Fraudulent Conveyances › Section 25:1-11 - Writing requirement, conveyances of an interest in real estate

25:1-11. Writing requirement, conveyances of an interest in real estate
2. Writing Requirement, Conveyances of an Interest in Real Estate. a. A transaction intended to transfer an interest in real estate shall not be effective to transfer ownership of the interest unless:
(1) a description of the real estate sufficient to identify it, the nature of the interest, the fact of the transfer and the identity of the transferor and the transferee are established in a writing signed by or on behalf of the transferor; or
(2) the transferor has placed the transferee in possession of the real estate as a result of the transaction and the transferee has paid all or part of the consideration for the transfer or has reasonably relied on the effectiveness of the transfer to the transferee's detriment.
b. A transaction which does not satisfy the requirements of this section shall not be enforceable except as an agreement to transfer an interest in real estate under section 4 of this act.
c. This section shall not apply to leases.
d. This section shall not apply to the creation of easements by prescription or implication.
Source: R.S.25:1-1, 25:1-2.
L.1995,c.360,s.2.
2023 New Jersey Revised Statutes › Title 25 - Frauds and Fraudulent Conveyances › Section 25:1-12 - Writing requirements, leases

25:1-12. Writing requirements, leases
3. Writing Requirements, Leases. A transaction intended to create a lease of real estate for more than three years shall not be enforceable unless:
a. the leased premises, the term of the lease and the identity of the lessor and the lessee are established in a writing signed by or on behalf of the party against whom enforcement is sought; or
b. the real estate, the term of the lease and the identity of the lessor and the lessee are proved by clear and convincing evidence.
Source: R.S.25:1-1, 25:1-5(d).
L.1995,c.360,s.3.
2023 New Jersey Revised Statutes › Title 25 - Frauds and Fraudulent Conveyances › Section 25:1-13 - Enforceability of agreement regarding real estate

25:1-13. Enforceability of agreement regarding real estate
4. Enforceability of Agreements regarding Real Estate. An agreement to transfer an interest in real estate or to hold an interest in real estate for the benefit of another shall not be enforceable unless:
a. a description of the real estate sufficient to identify it, the nature of the interest to be transferred, the existence of the agreement, and the identity of the transferor and transferee are established in a writing signed by or on behalf of the party against whom enforcement is sought; or
b. a description of the real estate sufficient to identify it, the nature of the interest to be transferred, the existence of the agreement and the identity of the transferor and the transferee are proved by clear and convincing evidence.
Source: R.S.25:1-3, 25:1-4, 25:1-5(d).
L.1995,c.360,s.4.
2023 New Jersey Revised Statutes › Title 25 - Frauds and Fraudulent Conveyances › Section 25:1-14 - Effect on unwritten transactions

25:1-14. Effect on unwritten transactions
5. Effect on Unwritten Transactions. Transactions involving an interest in real estate, and agreements to transfer an interest in real estate or to hold an interest in real estate for the benefit of another, which are not established in a writing, are not effective against bona fide purchasers for valuable consideration without notice or against lienors without notice.
L.1995,c.360,s.5.
2023 New Jersey Revised Statutes › Title 25 - Frauds and Fraudulent Conveyances › Section 25:1-15 - Liability for the obligation of another

25:1-15. Liability for the obligation of another
6. Liability for the Obligation of Another. A promise to be liable for the obligation of another person, in order to be enforceable, shall be in a writing signed by the person assuming the liability or by that person's agent. The consideration for the promise need not be stated in the writing.
Source: R.S.25:1-5(a), 25:1-5(b), 25:1-8.
L.1995,c.360,s.6.
2023 New Jersey Revised Statutes › Title 25 - Frauds and Fraudulent Conveyances › Section 25:1-16 - Commissions of real estate broker and business broker, writing required

25:1-16. Commissions of real estate broker and business broker, writing required
7. Commissions of Real Estate Broker and Business Broker, Writing Required. a. As used in this section:
"Business broker" means a person who negotiates the purchase or sale of a business.
"Negotiates" includes identifies, provides information concerning, or procures an introduction to prospective parties, or assists in the negotiation or consummation of the transaction.
"Purchase or sale of a business" includes the purchase or sale of good will or of the majority of the voting interest in a corporation, and of a major part of inventory or fixtures not in the ordinary course of the transferor's business.
"Real estate broker" means a licensed real estate broker or other person performing the services of a real estate agent or broker.
"Transfer or sale" means the transfer of an interest in real estate or the purchase or sale of a business.
b. Except as provided in subsection d. of this section, a real estate broker who acts as agent or broker on behalf of a principal for the transfer of an interest in real estate, including lease interests for less than three years, is entitled to a commission only if before or after the transfer the authority of the broker is given or recognized in a writing signed by the principal or the principal's authorized agent, and the writing states either the amount or the rate of commission. For the purposes of this subsection, the interest of a mortgagee or lienor is not an interest in real estate.
c. Except as provided in subsection d. of this section, a business broker is entitled to a commission only if before or after the sale of the business, the authority of the broker is expressed or recognized in a writing signed by the seller or buyer or authorized agent, and the writing states either the amount or the rate of commission.
d. A broker who acts pursuant to an oral agreement is entitled to a commission only if:
(1) within five days after making the oral agreement and before the transfer or sale, the broker serves the principal with a written notice which states that its terms are those of the prior oral agreement including the rate or amount of commission to be paid; and
(2) before the principal serves the broker with a written rejection of the oral agreement, the broker either effects the transfer or sale, or, in good faith, enters negotiations with a prospective party who later effects the transfer or sale.
e. The notices provided for in this section shall be served either personally, or by registered or certified mail, at the last known address of the person to be served.
Source: R.S.25:1-9.
L.1995,c.360,s.7.
2023 New Jersey Revised Statutes › Title 25 - Frauds and Fraudulent Conveyances › Section 25:2-1 - Conveyances of personal property in trust for use of persons making them void as to creditors.

25:2-1 Conveyances of personal property in trust for use of persons making them void as to creditors.
25:2-1. Conveyances of personal property in trust for use of persons making them void as to creditors. a. Except as provided in subsection b. of this section, every deed of gift and every conveyance, transfer and assignment of goods, chattels or things in action, made in trust for the use of the person making the same, shall be void as against creditors.
b. Notwithstanding the provisions of any other law to the contrary, any property held in a qualifying trust and any distributions from a qualifying trust, regardless of the distribution plan elected for the qualifying trust, shall be exempt from all claims of creditors and shall be excluded from an estate in bankruptcy, except that:
(1) no exemption shall be allowed for any preferences or fraudulent conveyances made in violation of the "Uniform Voidable Transactions Act," R.S.25:2-20 et seq., or any other State or federal law;
(2) no qualifying trust shall be exempt from the claims under any order for child support or spousal support or of an alternate payee under a qualified domestic relations order. However, the interest of any alternate payee under a qualified domestic relations order is exempt from all claims of any creditor of the alternate payee. As used in this paragraph, the terms "alternate payee" and "qualified domestic relations order" have the meanings ascribed to them in section 414(p) of the federal Internal Revenue Code of 1986 (26 U.S.C. s.414(p)); and
(3) no qualifying trust shall be exempt from any punitive damages awarded in a civil action arising from manslaughter or murder.
For purposes of this section, a "qualifying trust" means a trust created or qualified and maintained pursuant to federal law, including, but not limited to, section 401, 403, 408, 408A, 409, 529 or 530 of the federal Internal Revenue Code of 1986 (26 U.S.C. s.401, 403, 408, 408A, 409, 529 or 530).
amended 1993, c.177; 2001, c.153; 2021, c.92, s.27.
2023 New Jersey Revised Statutes › Title 25 - Frauds and Fraudulent Conveyances › Section 25:2-20 - Short title.

25:2-20 Short title.
25:2-20. Short title.
This article which was formerly known as the "Uniform Fraudulent Transfer Act" shall be known and may be cited as the "Uniform Voidable Transactions Act," on or after the effective date of P.L.2021, c.92.
amended 2021, c.92, s.1.
2023 New Jersey Revised Statutes › Title 25 - Frauds and Fraudulent Conveyances › Section 25:2-21 - Definitions: A to H.

25:2-21 Definitions: A to H.
25:2-21. Definitions: A to H.
As used in this article:
"Affiliate" means:
a. A person who directly or indirectly owns, controls, or holds with power to vote, 20% or more of the outstanding voting securities of the debtor, other than a person who holds the securities:
(1) As a fiduciary or agent without sole discretionary power to vote the securities; or
(2) Solely to secure a debt, if the person has not in fact exercised the power to vote;
b. A corporation 20% or more of whose outstanding voting securities are directly or indirectly owned, controlled, or held with power to vote, by the debtor or a person who directly or indirectly owns, controls, or holds with power to vote, 20% or more of the outstanding voting securities of the debtor, other than a person who holds the securities:
(1) As a fiduciary or agent without sole discretionary power to vote the securities; or
(2) Solely to secure a debt, if the person has not in fact exercised the power to vote;
c. A person whose business is operated by the debtor under a lease or other agreement, or a person substantially all of whose assets are controlled by the debtor; or
d. A person who operates the debtor's business under a lease or other agreement or controls substantially all of the debtor's assets.
"Asset" means property of a debtor, but the term does not include:
a. Property to the extent it is encumbered by a valid lien;
b. Property to the extent it is generally exempt under nonbankruptcy law; or
c. An interest in property held in tenancy by the entireties to the extent it is not subject to process by a creditor holding a claim against only one tenant.
"Claim", except as used in "claim for relief," means a right to payment, whether or not the right is reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, equitable, secured, or unsecured.
"Creditor" means a person who has a claim.
"Debt" means liability on a claim.
"Debtor" means a person who is liable on a claim.
"Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.
amended 2021, c.92, s.2.
2023 New Jersey Revised Statutes › Title 25 - Frauds and Fraudulent Conveyances › Section 25:2-23 - Insolvency.

25:2-23 Insolvency.
25:2-23. Insolvency.
a. A debtor is insolvent if, at a fair valuation, the sum of the debtor's debts is greater than the sum of the debtor's assets.
b. A debtor who is generally not paying the debtor's debts as they become due other than as a result of a bona fide dispute is presumed to be insolvent. This presumption imposes on the party against which the presumption is directed the burden of proving that the nonexistence of insolvency is more probable than its existence.
c. (Deleted by amendment, P.L.2021, c.92.)
d. Assets under this section do not include property that has been transferred, concealed, or removed with intent to hinder, delay, or defraud creditors or that has been transferred in a manner making the transfer voidable under this article.
e. Debts under this section do not include an obligation to the extent it is secured by a valid lien on property of the debtor not included as an asset.
amended 2021, c.92, s.4.
2023 New Jersey Revised Statutes › Title 25 - Frauds and Fraudulent Conveyances › Section 25:2-24 - Value.

25:2-24 Value.
25:2-24. Value.
a. Value is given for a transfer or an obligation if, in exchange for the transfer or obligation, property is transferred or an antecedent debt is secured or satisfied, but value does not include an unperformed promise made otherwise than in the ordinary course of the promisor's business to furnish support to the debtor or another person.
b. For the purposes of paragraph (2) of subsection a. of R.S.25:2-25 and R.S.25:2-27, a person gives a reasonably equivalent value if the person acquires an interest of the debtor in an asset pursuant to a regularly conducted, noncollusive foreclosure sale or execution of a power of sale for the acquisition or disposition of the interest of the debtor upon default under a mortgage, deed of trust, or security agreement.
c. A transfer is made for present value if the exchange between the debtor and the transferee is intended by them to be contemporaneous and is in fact substantially contemporaneous.
amended 2021, c.92, s.5.
2023 New Jersey Revised Statutes › Title 25 - Frauds and Fraudulent Conveyances › Section 25:2-25 - Transfer or obligation voidable as to present or future creditor.

25:2-25 Transfer or obligation voidable as to present or future creditor.
25:2-25. Transfer or obligation voidable as to present or future creditor.
a. A transfer made or obligation incurred by a debtor is voidable as to a creditor, whether the creditor's claim arose before or after the transfer was made or the obligation was incurred, if the debtor made the transfer or incurred the obligation:
(1) With actual intent to hinder, delay, or defraud any creditor of the debtor; or
(2) Without receiving a reasonably equivalent value in exchange for the transfer or obligation, and the debtor:
(a) Was engaged or was about to engage in a business or a transaction for which the remaining assets of the debtor were unreasonably small in relation to the business or transaction; or
(b) Intended to incur, or believed or reasonably should have believed that the debtor would incur, debts beyond the debtor's ability to pay as they become due.
b. A creditor making a claim for relief under subsection a. of this section has the burden of proving the elements of the claim for relief by a preponderance of the evidence.
amended 2021, c.92, s.6.
2023 New Jersey Revised Statutes › Title 25 - Frauds and Fraudulent Conveyances › Section 25:2-26 - Factors in determining intent.

25:2-26 Factors in determining intent.
25:2-26. Factors in determining intent.
In determining actual intent under paragraph (1) of subsection a. of R.S.25:2-25 consideration may be given, among other factors, to whether:
a. The transfer or obligation was to an insider;
b. The debtor retained possession or control of the property transferred after the transfer;
c. The transfer or obligation was disclosed or concealed;
d. Before the transfer was made or obligation was incurred, the debtor had been sued or threatened with suit;
e. The transfer was of substantially all the debtor's assets;
f. The debtor absconded;
g. The debtor removed or concealed assets;
h. The value of the consideration received by the debtor was reasonably equivalent to the value of the asset transferred or the amount of the obligation incurred;
i. The debtor was insolvent or became insolvent shortly after the transfer was made or the obligation was incurred;
j. The transfer occurred shortly before or shortly after a substantial debt was incurred; and
k. The debtor transferred the essential assets of the business to a lienor who transferred the assets to an insider of the debtor.
amended 2021, c.92, s.7.
2023 New Jersey Revised Statutes › Title 25 - Frauds and Fraudulent Conveyances › Section 25:2-27 - Transfer or obligation voidable as to present creditor.

25:2-27 Transfer or obligation voidable as to present creditor.
25:2-27. Transfer or obligation voidable as to present creditor.
a. A transfer made or obligation incurred by a debtor is voidable as to a creditor whose claim arose before the transfer was made or the obligation was incurred if the debtor made the transfer or incurred the obligation without receiving a reasonably equivalent value in exchange for the transfer or obligation and the debtor was insolvent at that time or the debtor became insolvent as a result of the transfer or obligation.
b. A transfer made by a debtor is voidable as to a creditor whose claim arose before the transfer was made if the transfer was made to an insider for an antecedent debt, the debtor was insolvent at that time, and the insider had reasonable cause to believe that the debtor was insolvent.
c. Subject to subsection b. of R.S.25:2-23, a creditor making a claim for relief under subsection a. or b. of this section has the burden of proving the elements of the claim for relief by a preponderance of the evidence.
amended 2021, c.92, s.8.
2023 New Jersey Revised Statutes › Title 25 - Frauds and Fraudulent Conveyances › Section 25:2-28 - When transfer is made or obligation incurred.

25:2-28 When transfer is made or obligation incurred.
25:2-28. When transfer is made or obligation incurred.
For the purposes of this article:
a. A transfer is made:
(1) With respect to an asset that is real property other than a fixture, but including the interest of a seller or purchaser under a contract for the sale of the asset, when the transfer is so far perfected that a good-faith purchaser of the asset from the debtor against whom applicable law permits the transfer to be perfected cannot acquire an interest in the asset that is superior to the interest of the transferee; and
(2) With respect to an asset that is not real property or that is a fixture, when the transfer is so far perfected that a creditor on a simple contract cannot acquire a judicial lien otherwise than under this article that is superior to the interest of the transferee;
b. If applicable law permits the transfer to be perfected as provided in subsection a. of this section and the transfer is not so perfected before the commencement of an action for relief under this article, the transfer is deemed made immediately before the commencement of the action;
c. If applicable law does not permit the transfer to be perfected as provided in subsection a. of this section, the transfer is made when it becomes effective between the debtor and the transferee;
d. A transfer is not made until the debtor has acquired rights in the asset transferred;
e. An obligation is incurred:
(1) If oral, when it becomes effective between the parties; or
(2) If evidenced by a record, when the record signed by the obligor is delivered to or for the benefit of the obligee.
amended 2021, c.92, s.9.
2023 New Jersey Revised Statutes › Title 25 - Frauds and Fraudulent Conveyances › Section 25:2-29 - Remedies of creditor.

25:2-29 Remedies of creditor.
25:2-29. Remedies of creditor.
a. In an action for relief against a transfer or obligation under this article, a creditor, subject to the limitations in R.S.25:2-30, may obtain:
(1) Avoidance of the transfer or obligation to the extent necessary to satisfy the creditor's claim;
(2) An attachment or other provisional remedy against the asset transferred or other property of the transferee if available under applicable law; and
(3) Subject to applicable principles of equity and in accordance with applicable rules of civil procedure:
(a) An injunction against further disposition by the debtor or transferee, or both, of the asset transferred or of other property;
(b) Appointment of a receiver to take charge of the asset transferred or of other property of the transferee; or
(c) Any other relief the circumstances may require.
b. If a creditor has obtained a judgment on a claim against the debtor, the creditor, if the court so orders, may levy execution on the asset transferred or its proceeds.
amended 2021, c.92, s.10.
2023 New Jersey Revised Statutes › Title 25 - Frauds and Fraudulent Conveyances › Section 25:2-31 - Extinguishment of claim for relief.

25:2-31 Extinguishment of claim for relief.
25:2-31. Extinguishment of claim for relief.
A claim for relief with respect to a transfer or obligation under this article is extinguished unless action is brought:
a. Under paragraph (1) of subsection a. of R.S.25:2-25, not later than four years after the transfer was made or the obligation was incurred or, if later, not later than one year after the transfer or obligation was discovered by the claimant;
b. Under paragraph (2) of subsection a. of R.S.25:2-25 or subsection a. of R.S.25:2-27, not later than four years after the transfer was made or the obligation was incurred; or
c. Under paragraph (2) of subsection a. of R.S.25:2-27, not later than one year after the transfer was made.
amended 2002, c.100; 2021, c.92, s.12.
2023 New Jersey Revised Statutes › Title 25 - Frauds and Fraudulent Conveyances › Section 25:2-32 - Supplementary provisions.

25:2-32 Supplementary provisions.
25:2-32. Supplementary provisions.
Unless displaced by the provisions of the "Uniform Voidable Transactions Act," R.S.25:2-20 et seq., 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.
amended 2021, c.92, s.14.
2023 New Jersey Revised Statutes › Title 25 - Frauds and Fraudulent Conveyances › Section 25:2-33 - Uniformity of application and construction.

25:2-33 Uniformity of application and construction.
25:2-33. Uniformity of application and construction.
The "Uniform Voidable Transactions Act," R.S.25:2-20 et seq., shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this article among states enacting it.
amended 2021, c.92, s.15.
2023 New Jersey Revised Statutes › Title 25 - Frauds and Fraudulent Conveyances › Section 25:2-34 - Laws repealed

25:2-34. Laws repealed
The following are repealed:
R.S. 25:2-7 through R.S. 25:2-19 inclusive.
N.J.S. 14A:14-10 through N.J.S. 14A:14-12 inclusive. Source: New.
L. 1988, c. 74, s. 1.
2023 New Jersey Revised Statutes › Title 25 - Frauds and Fraudulent Conveyances › Section 25:2-35 - Governing law.

25:2-35 Governing law.
13. Governing law.
a. In this section, the following rules determine a debtor's location:
(1) A debtor who is an individual is located at the individual's principal residence.
(2) A debtor that is an organization and has only one place of business is located at its place of business.
(3) A debtor that is an organization and has more than one place of business shall be deemed to be located at its chief executive office.
b. A claim in the nature of a claim under the "Uniform Voidable Transactions Act," R.S.25:2-20 et seq., shall be governed by the local law of the jurisdiction in which the debtor is located when the transfer is made or the obligation is incurred.
L.2021, c.92, s.13.
2023 New Jersey Revised Statutes › Title 25 - Frauds and Fraudulent Conveyances › Section 25:2-36 - Relation to "Electronic Signatures in Global and National Commerce Act."

25:2-36 Relation to "Electronic Signatures in Global and National Commerce Act."
16. Relation to "Electronic Signatures in Global and National Commerce Act."
This article modifies, limits, and supersedes the "Electronic Signatures in Global and National Commerce Act," 15 U.S.C. s.7001 et seq., but does not modify, limit, or supersede section 101(c) of that act, 15 U.S.C. s.7001(c), or authorize electronic delivery of any of the notices described in section 103(b) of that act, 15 U.S.C. s.7003(b).
L.2021, c.92, s.16.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:1-1 - Terms defined

26:1-1. Terms defined
As used in this Title unless otherwise specifically indicated:
"State department," "department of health" and "department" mean the State Department of Health;
"Commissioner" or "Director" means the State Commissioner of Health, who is the chief administrative officer of the State Department of Health;
"Council" means the Public Health Council in the State Department of Health;
"Division" means one of the divisions in the State Department of Health;
"Division director" means the director of one of the divisions in the State Department of Health;
"Local board" or "local board of health" means the board of health of any municipality or the boards, body, or officers in such municipality lawfully exercising any of the powers of a local board of health under the laws governing such municipality.
Amended by L.1947, c. 177, p. 815, s. 64; L.1950, c. 29, p. 62, s. 7; L.1951, c. 69, p. 456, s. 67.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:1A-1 - Definitions

26:1A-1. Definitions
As used in this act, unless otherwise specifically indicated, "State Department," "Department of Health" and "department" mean the State Department of Health;
"Commissioner" means the State Commissioner of Health who is the chief administrative officer of the State Department of Health;
"Council" means the Public Health Council in the State Department of Health;
"Division" means one of the divisions in the State Department of Health;
"Division director" means the director of one of the divisions in the State Department of Health;
"Local board" or "local board of health" means the board of health of any municipality or the boards, bodies or officers in such municipality lawfully exercising any of the powers of a local board of health under the laws governing such municipality.
L.1947, c. 177, p. 792, s. 1. Amended by L.1950, c. 29, p. 59, s. 1; L.1951, c. 69, p. 456, s. 66.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:1A-2 - State Department of Health established

26:1A-2. State Department of Health established
There is hereby established in the Executive Branch of the State Government a principal department which shall be known as the State Department of Health.
L.1947, c. 177, p. 792, s. 2. Amended by L.1948, c. 444, p. 1748, s. 1.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:1A-2.1 - Redesignation as Department of Health, Commissioner of Health.

26:1A-2.1 Redesignation as Department of Health, Commissioner of Health.
93. a. The Department of Health, established pursuant to P.L.1947, c.177 (C.26:1A-1 et seq.), and continued and constituted and redesignated as the Department of Health and Senior Services pursuant to Reorganization Plan No. 001-1996, is continued and constituted and redesignated as the Department of Health. The Commissioner of Health and Senior Services shall be redenominated as the Commissioner of Health.
b. Whenever the terms "Department of Health and Senior Services" and "Commissioner of Health and Senior Services" occur or any references are made thereto in any law, rule, regulation, order, contract, document, judicial or administrative proceeding, or otherwise, the same shall be deemed to mean or refer to the "Department of Health" and the "Commissioner of Health," respectively.
c. The Commissioner of Health shall have the power, not inconsistent with section 13 of P.L.1947, c.177 (C.26:1A-13) or the provisions of P.L.2012, c.17 (C.26:1A-2.1 et al.), to organize the work of the Department of Health in such organizational units as the commissioner may determine to be necessary for its efficient and effective operation.
L.2012, c.17, s.93.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:1A-3 - State Commissioner of Health; Deputy Commissioner for Public Health Services

26:1A-3. State Commissioner of Health; Deputy Commissioner for Public Health Services
3. a. The head and chief administrative officer of the department shall be the State Commissioner of Health, who shall be appointed by the Governor, with the advice and consent of the Senate, and shall serve at the pleasure of the Governor during the Governor's term of office and until the appointment and qualification of the commissioner's successor. The commissioner shall be a person with recognized professional, executive or administrative experience in any capacity in which he has demonstrated a substantial knowledge of the activities of the department and the principal public health policy issues affecting the State.
The commissioner shall devote his entire time and attention to the duties of the office and shall receive such salary as shall be provided by law.
b. The commissioner shall delegate such of his powers as the commissioner deems appropriate for the efficient administration of the department, to be exercised under the commissioner's direction and supervision by one or more deputy commissioners, one of whom shall be the Deputy Commissioner for Public Health Services. If the commissioner is not a duly licensed physician and a graduate of a regularly chartered and legally constituted medical school or college, then the Deputy Commissioner for Public Health Services shall be a duly licensed physician and a graduate of a regularly chartered and legally constituted medical school or college, with skill in sanitary science, who, in addition to his other duties, shall advise the commissioner on medical issues. The Deputy Commissioner for Public Health Services shall fulfill the duties of the office of commissioner in the event of a vacancy in that office, until the Governor appoints a successor to the commissioner.
The deputy commissioner shall devote his entire time and attention to the duties of that office and shall receive such salary as the commissioner deems appropriate.
L.1947,c.177,s.3; amended 1948,c.444,ss.2,27; 1970,c.2,s.1; 1994,c.35,s.1.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:1A-4 - Public Health Council.

26:1A-4 Public Health Council.
4. There shall be in the department a Public Health Council which shall consist of 10 members, each of whom shall be chosen with due regard to his knowledge of and interest in public health and each of whom shall be a citizen of this State. Two of such members shall be duly licensed physicians, one member shall be a dentist licensed to practice in the State of New Jersey, one member shall be a person knowledgeable by education or professional experience in health-related aspects of terrorism agents that may be used in acts of terrorism, and one member shall be a public health professional. Each member shall be appointed by the Governor, by and with the advice and consent of the Senate, for a term of 7 years and until his successor is appointed and qualified; provided, however, that the first appointments hereunder shall be for terms which shall commence on July 1, 1947, and shall continue 1 for 1 year, 1 for 2 years, 1 for 3 years, 1 for 4 years, 1 for 5 years, 1 for 6 years, and 1 for 7 years; and provided further, that the term of the dentist member first appointed shall commence on July 1, 1954.
Any member of the Public Health Council may be removed from office by the Governor, for cause.
Any vacancy occurring in the membership of the council for any cause shall be filled in the same manner as the original appointment but for the unexpired term only.
The members of the council shall serve without compensation, but shall be reimbursed for necessary expenses incurred in the performance of their duties.
L.1947,c.177,s.4; amended 1954, c.158 2004, c. 158.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:1A-5 - Divisions; directors

26:1A-5. Divisions; directors
There shall be within the department such divisions as the commissioner may, subject to approval by the Public Health Council, from time to time establish. Each division shall be under the supervision of a director, who shall be a person qualified by training and experience to direct the work assigned to it; and two or more divisions may be consolidated by the commissioner. The commissioner may authorize one of the division directors to act for him and in his place, as his deputy during his absence or disability. The commissioner may delegate such of his powers, as he may deem desirable for the efficient administration of the department, to be exercised under his direction and supervision by one or more of the division directors.
Each division director shall devote his entire time and attention to the performance of his duties.
L.1947, c. 177, p. 794, s. 5. Amended by L.1950, c. 29, p. 60, s. 2.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:1A-6 - Meetings of Public Health Council

26:1A-6. Meetings of Public Health Council
The Public Health Council shall enact and from time to time may amend rules in relation to its meetings and the transaction of its business. It shall meet in the offices of the department at Trenton in each month at such times as its rules may prescribe. It shall meet at such other times and places within the State as, in its judgment, may be necessary. Four members of the council shall constitute a quorum thereof and, except as otherwise provided in section seven of this act, all action shall be taken by a majority vote. The commissioner shall attend all meetings of the council.
The council shall elect one of its members chairman who shall hold office for one year and until his successor shall be elected.
The council shall keep complete and accurate minutes of all its meetings, hearings, and other sessions. All such minutes shall be retained in a permanent record, and shall be available for public inspection at all times during the office hours of the department.
L.1947, c. 177, p. 794, s. 6.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:1A-7 - State Sanitary Code

26:1A-7. State Sanitary Code
7. The Public Health Council shall have power, by the affirmative vote of a majority of all its members, to establish, and from time to time amend and repeal, such reasonable sanitary regulations not inconsistent with the provisions of this act or the provisions of any other law of this State as may be necessary properly to preserve and improve the public health in this State. The regulations so established shall be called the State Sanitary Code.
The State Sanitary Code may cover any subject affecting public health, or the preservation and improvement of public health and the prevention of disease in the State of New Jersey, including the immunization against disease of all school children in the State of New Jersey. In addition thereto, and not in limitation thereof, said State Sanitary Code may contain sanitary regulations: (a) prohibiting nuisances hazardous to human health; (b) (deleted by amendment) (c) regulating the use of privies and cesspools; (d) regulating the disposition of excremental matter; (e) regulating the control of fly and mosquito breeding places; (f) regulating the detection, reporting, prevention and control of communicable and preventable diseases; (g) regulating the conduct of public funerals; (h) regulating the conduct of boarding homes for children; (i) regulating the conduct of maternity homes and the care of maternity and infant patients therein; (j) regulating the conduct of camps; (k) (Deleted by amendment, P.L.1987, c.302) (l) regulating the preparation, handling, transportation, burial or other disposal, disinterment and reburial of dead human bodies; (m) prescribing standards of cleanliness for public eating rooms and restaurants; (n) regulating the conduct of tattoo parlors; (o) regulating the conduct of body piercing; and (p) regulating the conduct of cosmetic tattooing.
Prior to the final adoption by the council of any sanitary regulation or amendment thereto or repealer thereof the council shall hold a public hearing thereon. The council shall cause to be published, at least once, not less than 15 days prior to such hearing, in each of the counties of the State in a newspaper published in each of said counties, or if no newspaper be published in any such county, then in a newspaper circulated in such county, a notice of such hearing, specifying the time when and the place where such hearing will be held, together with a brief summary of the proposed regulation, amendment or repealer and a statement that copies of the text thereof may be obtained from the State Commissioner of Health and Senior Services or from the board of health of any municipality in the State. The State Department of Health and Senior Services shall prepare and make available on request therefor, copies of the text of such proposed regulations and changes therein in the manner described in such public notice.
L.1947,c.177,s.7; amended 1953, c.165, s.1; 1974, c.150, s.1; 1977, c.224, s.12; 1987, c.302, s.1; 1997, c.326.