Written by attorneys · grounded in primary & secondary sources — see below
A direct recipient of a transfer of property or an interest who receives the asset into their own possession or control. The label distinguishes this recipient from an indirect beneficiary for whose advantage the transfer was made.
Sources & Authorities
How it applies
Common Examples
6
Estate at Will Termination
Audrey Ashton conveyed a building to Andre Antoine under an arrangement terminable by either party at any time. When Audrey later ended the arrangement, Andre remained the actual transferee entitled to reasonable notice before vacating. The court treated Andre's possession as an estate at will because the conveyance created no fixed duration.
Lease Promise Enforcement
Avalon Pharmaceuticals assigned its leasehold to Apex Dynamics. The lease contained an express promise to maintain the premises that touched and concerned the property. Apex became the actual transferee obligated to perform the promise once privity of estate arose with the landlord.
Put it into practice
Test Yourself
10
Practice Questions5
· 32 primary sources
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Restatements
Privilege to Depart Land
Alan Ackerman entered land with the possessor's consent, which the possessor later withdrew. While leaving promptly and reasonably, Alan remained privileged against both the possessor and any actual transferee of the possessory interest.
Choice of Law After Transfer
Aisha Ahmed sued in one district and the case was transferred under section 1404(a) to a more convenient forum. The actual transferee court applied the same state law and choice-of-law rules that the original court would have used.
Criminal Case Transfer
Adrian Aguilar wished to plead guilty in the district where charges were pending. He filed the required written consent in the transferee district, allowing the actual transferee court to dispose of the case.
Charging Order Against Interest
A judgment creditor obtained a charging order against Ava Adebayo's transferable interest in a partnership. The actual transferee received only the distributions that would otherwise have gone to Ava until the judgment was satisfied.
Common questions
Frequently Asked
3
How does an actual transferee differ from the entity for whose benefit a transfer was made?+
An actual transferee is the direct recipient who takes possession or control of the transferred property. In preference litigation the trustee may recover from either the actual transferee or the indirect beneficiary when both elements of section 547(b) are met.
Supporting sources
What rights does a transferee of a limited-partner interest receive?+
A transferee receives only the economic right to distributions that the transferor would have received. Governance, voting, and inspection rights remain with the original partner and do not pass to the transferee.
Supporting sources
Does dissociation convert a partner into a mere transferee?+
Yes. Once a limited or general partner dissociates, that person loses all partner-level rights and holds only a transferable economic interest comparable to that of an ordinary transferee.
Supporting sources
Business Associations Agency and PartnershipDissolution · Distinguished from winding up and terminationUBEIntermediate