California Commercial Code 6105 – (a) A notice that is governed by this section shall comply with …
(a) A notice that is governed by this section shall comply with each of the following:
(1) State that a bulk sale is about to be made.
Terms Used In California Commercial Code 6105
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Assets: means the inventory and equipment that is the subject of a bulk sale and any tangible and intangible personal property used or held for use primarily in, or arising from, the seller's business and sold in connection with that inventory and equipment, but the term does not include any of the following:
California Commercial Code 6102
- Bulk sale: means either of the following:
California Commercial Code 6102
- Date of the bulk sale: means either of the following:
California Commercial Code 6102
- State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See California Commercial Code 1201
(2) State the name and business address of the seller together with any other business name and address listed by the seller (subdivision (a) of Section 6104) and the name and business address of the buyer.
(3) State the location and general description of the assets.
(4) State the place and the anticipated date of the bulk sale.
(5) State whether or not the bulk sale is subject to Section 6106.2 and, if so subject, the matters required by subdivision (f) of Section 6106.2.
(b) At least 12 business days before the date of the bulk sale, a notice that is governed by this section shall be:
(1) Recorded in the office of the county recorder in the county or counties in this state in which the tangible assets are located and, if different, in the county in which the seller is located (paragraph (2) of subdivision (a) of Section 6103).
(2) Published at least once in a newspaper of general circulation published in the public notice district in this state in which the tangible assets are located and in the public notice district, if different, in which the seller is located (paragraph (2) of subdivision (a) of Section 6103), if in either case there is one, and if there is none, then in a newspaper of general circulation in the county in which the public notice district is located. If the tangible assets are located in more than one public notice district in this state, the publication shall be in a newspaper of general circulation published in the public notice district in this state in which a greater portion of the tangible assets are located, on the date the notice is published, than in any other public notice district in this state and, if different, in the public notice district in which the seller is located (paragraph (2) of subdivision (a) of Section 6103).
(3) Delivered or sent by registered or certified mail to the county tax collector in the county or counties in this state in which the tangible assets are located. If delivered during the period from January 1 to May 7, inclusive, the notice shall be accompanied by a completed business property statement with respect to property involved in the bulk sale pursuant to § 441 of the Revenue and Taxation Code.
(c) For the purposes of this section, publication of notice in a public notice district is governed by Chapter 1.1 (commencing with Section 6080) of Division 7 of Title 1 of the Government Code.
(d) As used in this section, “business day” means any day other than a Saturday, Sunday, or day observed as a holiday by the state government.
(Amended by Stats. 2016, Ch. 703, Sec. 10. (AB 2881) Effective January 1, 2017.)