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.
North Carolina Bulk Sales Transfer Affidavit
Category:
State:
Multi-State
Control #:
US-00043DR
Format:
Word;
Rich Text
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How to fill out Bulk Sales Transfer Affidavit?
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FAQ
Definition any sale outside the ordinary course of the Seller's business. of more than half the Seller's inventory and equipment. as measured by the fair market value on the date of the Bulk Sale Agreement (?Agreement?).
Bulk Sale Notice: What You Need to Know This document should include a statement of the pending sale, the Seller and Buyer's list of all businesses and addresses used in the last three years, the location and description of assets, the location of the sale, and the expected date of the sale.
These transactions are governed by Article 6 of the Uniform Commercial Code, which has been adopted in most jurisdictions, the primary purpose of which is to put creditors of the seller on notice that the majority of the seller's assets are being sold.
Assets not subject to bulk sale include: Retail sales to customers; Any sales made in the ordinary course of business; and. Any single or two family residential unit owned by an individual, estate, or trust including any combination of or multiples of individuals, estates and trusts.
The bulk sales law does not apply to a sale of assets having a net fair market value of less than $10,000 or more than $5,000,000. The law also does not apply to the sale of an interest in a business entity, such as stock in a corporation or a membership interest in a limited liability company.
The bulk transfer law is designed to prevent a merchant from defrauding his or her creditors by selling the assets of a business and neglecting to pay any amounts owed the creditors. The law requires notice so that creditors may take whatever legal steps are necessary to protect their interests.