Laws, Regulations & Annotations

Property Taxes Law Guide – Revision 2017
 

Other Code Provisions

Commercial Code

DIVISION 6. BULK SALES

Section 6105

6105. Notices; business property statement. deletion(a) The notice shall comply with each of the following:

(1) State that a bulk sale is about to be made.

(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, deletiona 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 deletionpublic notice district in this state in which the tangible assets are located and in the deletionpublic 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 deletionpublic 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 Section 441 of the Revenue and Taxation Code.

deletion(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 deletionsection, "business day" means any day other than a Saturday, Sunday, or day observed as a holiday by the state government.

History.—Stats. 2003, Ch. 604 (SB 1059), in effect January 1, 2004, substituted "January 1 to May 7" for "March 1 to the last Friday in May" after "the period from" in the first sentence of paragraph (3) of subdivision (b). Amended by Stats. 2016, Ch. 703 (AB 2881), in effect January 1, 2017.