(a) Unless otherwise provided by its governing documents or this title a domestic entity may create indebtedness for any consideration the entity considers appropriate, including:
- (1) cash;
- (2) property;
- (3) a contract to receive property;
- (4) a debt or other obligation of the entity or of another person;
- (5) services performed or a contract for services to be performed; or
- (6) a direct or indirect benefit realized by the entity.
- (b) In the absence of fraud in the transaction, the judgment of the governing authority of a domestic entity as to the value of the consideration received by the entity for indebtedness is conclusive.
- (c) For purposes of establishing the receipt of consideration under this section, a domestic entity is treated as part of the entity creating indebtedness if the domestic entity is directly or indirectly or wholly or partly owned by that entity.
(Act 2009-513, p. 967, §11.)