Oakland Michigan Bulk Sales Transfer Affidavit

State:
Multi-State
County:
Oakland
Control #:
US-00043DR
Format:
Word; 
Rich Text
Instant download

Description

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.

The Oakland Michigan Bulk Sales Transfer Affidavit is a legal document used by the State of Michigan to facilitate the transfer of bulk sale assets between parties. This affidavit is required in certain types of business transactions, such as the sale of a business or its assets. The purpose of the Bulk Sales Transfer Affidavit is to protect creditors and ensure that all outstanding debts and liabilities related to the business being transferred are satisfied. This document requires the seller to disclose detailed information about the assets being transferred, the parties involved, and any existing or potential liabilities. In the Oakland County, Michigan area, there are several types of Bulk Sales Transfer Affidavits, depending on the specific nature of the transaction. These variations include: 1. Business Entity Transfer: This type of Bulk Sales Transfer Affidavit is used when the entire business entity, including all its assets and liabilities, is being transferred to a new owner. It ensures that the new owner is aware of and responsible for any outstanding debts and obligations. 2. Asset Transfer: In cases where only specific assets of a business are being transferred, an Asset Transfer Bulk Sales Transfer Affidavit is required. This document allows for the transfer of selected assets while still ensuring that any creditors' claims against the business are addressed. 3. Partial Sale or Merger: If a business is being partially sold or merged with another entity, a Partial Sale or Merger Bulk Sales Transfer Affidavit is utilized. This variation ensures that any outstanding debts or obligations are still accounted for, even though only a portion of the business is being transferred. Regardless of the type of Bulk Sales Transfer Affidavit used, it is crucial for all parties involved to understand their rights and responsibilities. Seeking legal guidance is strongly advised to ensure compliance with the Oakland County regulations and effectively protect both buyer and seller interests. Keywords: Oakland Michigan, Bulk Sales Transfer Affidavit, legal document, Michigan State, business transactions, sale of a business, assets, liabilities, protect creditors, outstanding debts, disclosure, parties involved, potential liabilities, Oakland County, variations, Business Entity Transfer, Asset Transfer, Partial Sale, Merger.

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How to fill out Oakland Michigan Bulk Sales Transfer Affidavit?

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FAQ

The seller and buyer are jointly and severally liable for payment of the tax as stated in O.M.C Chapter 4.20.

The City of Oakland assesses a Real Estate Transfer Tax on all Oakland real estate sold or transferred. Oakland's current Real Estate Transfer Tax is 1.5%, regardless of the value of the property being sold or transferred.

A bulk sale is the sale (or transfer or assignment) of an individual's or company's business asset/s, in whole or in part, outside of the ordinary course of business.

A bulk sale, sometimes called a bulk transfer, is when a business sells all or nearly all of its inventory to a single buyer and such a sale is not part of the ordinary course of business.

In Alameda County, the cities of Oakland and Berkeley both have high city transfer tax of $15 for every thousand dollars of purchase price. For the same $200,000 home listed above, there is an additional $3,000 tax if the home is in Oakland or Berkeley.

The main purpose of the law is to protect a business' creditors by giving them notice of a bulk sale. This prevents a situation where a business or its assets are sold and the seller walks away with the proceeds, leaving creditors unpaid.

The county tax rate is the same across the state of California. This means that every county, including Alameda, has a rate of $1.10 per $1,000 of the assessed property value. So, if you purchase a house that costs $600,000, you are required to pay $600 in county transfer taxes.

The seller and buyer are jointly and severally liable for payment of the tax as stated in O.M.C Chapter 4.20.

WHAT IS THE BULK TRANSFER LAW? The bulk transfer law is a law to protect business creditors. It provides that if a buyer of a business notifies the creditors of the seller in advance that it is buying the seller's assets, then the buyer will not be liable to those creditors for the debts and obligations of the seller.

The Oakland Municipal Code currently imposes a tax on the transfer of real property in Oakland. Currently, the tax rate is a flat 1.5% of the value of the amount of consideration (generally the sales price) paid for the property. This rate is the same regardless of the amount of the consideration.

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Bulk Sales Affidavit : Please fill out the following form. Please print your completed form if you would to have a copy for your records.Your CBP documentation to assure that it is full, complete and accurate? Most of the prisoners in the Country are in State prison, but prisoners in other sorts of prisons or detention centers can use this book too. Out due process of law; nor deny to any person within its juris- diction the equal protection of the laws. 5 gram packaged flower and pre-rolls.

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Oakland Michigan Bulk Sales Transfer Affidavit