A Bulk Sales Affidavit Form is used by a seller of a business to inform the buyer of all creditors of the business and the amount of their claims against the business. Generally, failure to comply with the Bulk Sales or Transfers Act portion of the Uniform Commercial Code will mean that original creditors of a seller will have a lien against the assets and inventory which are transferred to the buyer.
Georgia Bulk Sales Transfer Affidavit
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US-00043DR
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How to fill out Bulk Sales Transfer Affidavit?
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FAQ
A bulk sales law is a federal or state law that guides the transfer of bulk sales (all of the business assets or inventory) from a business to a buyer (generally another business) that occurs outside of the ordinary course of the business.
The bulk sale process in California applies when a business proposes to sell more than half of its inventory and equipment. Notification to the market takes place through a record of notice at the county recorder's office where the assets are located.
Bulk Sales Law is designed to protect Buyers and Creditors. It was written to prevent owners from (1) selling businesses to good faith Buyers and vanishing with the proceeds, or (2) selling under market value (?sweetheart deals?) to avoid paying Creditors the full amount owed.
The Bulk Transfer Act, O.C.G.A. § 11-6-101 et seq., preserves a creditor's remedy against the goods, not against the transferee personally, and permits a creditor to pursue goods in the hands of a transferee as though they still belonged to the transferor.
Section 48-7-128 generally requires that 3 percent of the purchase price be withheld. However, if the gain recognized on the sale is less than the purchase price, and the seller provides the buyer with an affidavit of gain (see form IT-AFF2), then the buyer may withhold 3 percent of the amount of the gain.
It was believed that a merchant could acquire assets on credit, such as inventory, sell the assets in bulk, and then skip town. To prevent this type of fraud, bulk sales laws required the buyer of substantially all the assets of a business to follow a statutory notice process to protect creditors of the business.