Bulk Transfer Without Consent In Illinois
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FAQ
A bulk sale means the sale, transfer, or assignment of business assets outside of the ordinary course of business by a person or entity. Business assets include, among others, tangible personal property, real property, and intangible assets (e.g., intellectual property rights or goodwill).
When a restaurant owner sells all of their kitchen equipment to another restaurant owner, that would be considered a bulk sale. If a software company sells their patent rights to another company, that would also be a bulk sale.
Bulk sales laws are meant to protect creditors from businesses that sell assets in an attempt to avoid paying creditors and, in some cases, to prevent businesses from evading sales taxes.
When a purchaser fails to supply proper bulk sale notification, the purchaser is responsible for any State tax obligations resulting from the sale. The Division can take steps necessary to satisfy the seller's tax indebtedness including judgment, levy, and seizure of assets of the purchaser as well as the seller.
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.
Other common Illinois exemptions include: Charitable, religious, educational, or government organizations. However, exemptions for charitable organizations vary in scope and requirements. Manufacturing machinery and equipment. Interstate commerce. Planes, trains, trucks, etc.
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.
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.
While most states have repealed their bulk sales statutes, in some states across the U.S., such as California, Delaware, Illinois, New Jersey and Pennsylvania, the practice of bulk sales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.
