A bulk sale occurs when, outside the normal course of business, a business entity (seller or transferor) sells or transfers the major part of any of the following: • stock of goods that it is in the business of selling; or • furniture or fixtures, machinery and equipment, or real property of the business that is ...
Illinois recognizes economic nexus for any vendor with $100,000 or more in cumulative gross receipts or 200 or more transactions into Illinois from sales of tangible personal property. Once you have economic nexus established, you will be obligated to collect sales tax from buyers in the state.
In Illinois, various "Bulk Sales Acts" impose an obligation on purchasers of a business or a major portion of the assets of a business, which can include the transfer of real estate, for certain unpaid taxes and even debts for which the seller of such property was responsible.
While most states have repealed their bulk sales statutes, in some states across the U.S., such as California, Delaware, Illinois, New Jersey and Pennsylvania, the practice of bulk sales compliance remains alive and well.
If the Buyer fails to comply with these terms, the sale proceeds as usual, but they assume responsibility for liability payments equal to the difference between the creditor's owed debts and the amount the creditor may have obtained if the Buyer complied with California Bulk Sale Law.
An Assignment, or an assignment of contract, is a document that allows one party to transfer the rights and benefits of a contract to another party.
For example, if A contracts with B to teach B guitar for $50, A can assign this contract to C. That is, this assignment is both: (1) an assignment of A's rights under the contract to the $50; and (2) a delegation of A's duty to teach guitar to C.
The assignor must agree to assign their rights and duties under the contract to the assignee. The assignee must agree to accept, or "assume," those contractual rights and duties. The other party to the initial contract must consent to the transfer of rights and obligations to the assignee.
An assignment and assumption agreement is used after a contract is signed, in order to transfer one of the contracting party's rights and obligations to a third party who was not originally a party to the contract.
It can be used (among other purposes) by the buyer (the Assignee) to show that the buyer owns the assigned asset or assets, and by the seller (the Assignor) to prove that it is the buyer that now has assumed all of the obligations related to the assigned asset(s), but without having to show the full APA, which may have ...