Simple English definitions for legal terms
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An Assignment for the Benefit of Creditors (ABC) is a way for a business that cannot pay its debts to transfer all of its assets to a trustee who will sell them to pay off the creditors. If there is any money left over, it will go back to the business. This is a voluntary alternative to bankruptcy that can be faster and less public. It also allows the business to choose the trustee and can protect a company that wants to buy assets from a struggling business from being responsible for its debts. However, the rules for ABC vary by state and may require shareholder approval.
Definition: An Assignment for the Benefit of Creditors (ABC) is a voluntary process that a business can choose instead of filing for bankruptcy. In an ABC, the business transfers all of its assets to a trustee who will manage the assets to pay off debts to creditors. If there are any assets left over, they will be transferred back to the business.
ABC can be beneficial for a struggling business because:
For example, if a small business is struggling to pay its debts, it may choose to do an ABC instead of filing for bankruptcy. The business would transfer all of its assets to a trustee who would then sell the assets to pay off the business's debts. If there are any assets left over, they would be returned to the business.
ABC is becoming more popular, but it varies based on the state. In California, ABC is overseen by common law, while many other states use stricter statutory ABC structures, such as Florida. Depending on the state's corporate law and the company's charter, the struggling business may be forced to get shareholder approval to use ABC, which can be difficult in large corporations.