Bulk Sales Act Filing

The Bulk Sales Act enforces that business owners selling business assets, equipment, merchandise, wares or inventory in bulk (that fall outside the normal course of business) need to register an affidavit stating that all creditors have, or will be, paid. This affidavit, known as the Bulk Sales Affidavit, is the notice that states all of the business’ creditors have been paid, or that they will be paid from the proceeds of the sale.

The following must be sent to ESC to file a Bulk Sales Affidavit:

  • Two original copies of the Bulk Sales Affidavit, which includes:
    • Bulk Sales Act Affidavit
    • Statement to Seller’s Creditors
    • Court Back Page
  • The Affidavit also must include:
    • Address of the asset(s)’s location
    • Date of sale closing
    • Vendor and purchaser name(s)
    • Purchase price
    • If the affidavit refers to an attached ‘Exhibit’ that references the included Statement to Seller’s Creditors, the Exhibit document must be stamped with the appropriate “Exhibit” stamp