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Session Laws, 1963
Volume 671, Page 883   View pdf image (33K)
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J. MILLARD TAWES, Governor                        885

in the preparation of a schedule of the property to be sold, both
prepared as before stated (Section 6
104).

(3) The person or persons other than the transferor who direct,
control or are responsible for the auction are collectively called the
"auctioneer." The auctioneer shall:

(a)  receive and retain the list of creditors and prepare and retain
the schedule of property for the period stated in this Sub-title (Sec-
tion 6
104);

(b) give notice of the auction personally or by registered or certified
mail at least ten days before it occurs to all persons shown on the list
of creditors and to all other persons who are known to him to hold or
assert claims against the transferor; and

(c)  assure that the net proceeds of the auction are applied as
provided in this Sub-title (Section 6
106).

(4) Failure of the auctioneer to perform any of these duties does
not affect the validity of the sale or the title of the purchasers, but
if the auctioneer knows that the auction constitutes a bulk transfer
such failure renders the auctioneer liable to the creditors of the
transferor as a class for the sums owing to them from the transferor
up to but not exceeding the net proceeds of the auction. If the auc-
tioneer consists of several persons their liability is joint and several.

6109. What Creditors Protected.

The creditors of the transferor mentioned in this Sub-title are
those holding claims based on transactions or events occurring before
the bulk transfer, but creditors who become such after notice to
creditors is given (Sections 6
105 and 6107) are not entitled to
notice.

6110. Subsequent Transfers.

When the title of a transferee to property is subject to a defect by
reason of his noncompliance with the requirements of this Sub-title,
then:

(1)  a purchaser of any of such property from such transferee who
pays no value or who takes with notice of such non-compliance takes
subject to such defect, but

(2)  a purchaser for value in good faith and without such notice
takes free of such defect.

6111. Limitation of Actions and Levies.

No action under this Sub-title shall be brought nor levy made
more than six months after the date on which the transferee took
possession of the goods unless the transfer has been concealed. If
the transfer has been concealed actions may be brought or levies made
within six months after its discovery.


 

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Session Laws, 1963
Volume 671, Page 883   View pdf image (33K)
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