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This entry was published on 2021-05-14
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SECTION 3
Requisites of general assignment
Debtor & Creditor (DCD) CHAPTER 12, ARTICLE 2
§ 3. Requisites of general assignment. Every conveyance or assignment
made by a debtor of his estate, real or personal, or both, to an
assignee for the creditors of such debtor, shall be in writing, and
shall specifically state therein the residence and kind of business
carried on by such debtor at the time of making the assignment, and the
place at which such business shall then be conducted, and if such place
be in a city, the street and number thereof, and if in a village or town
such apt designation as shall reasonably identify such debtor.

Every such conveyance or assignment shall be duly acknowledged before
an officer authorized to take the acknowledgment of deeds and shall be
recorded in the county clerk's office in the county where such debtor
shall reside or carry on his business at the date thereof. An assignment
by copartners shall be recorded in the county where the principal place
of business of such copartners is situated. An assignment by a
corporation shall be recorded in the county where its principal place of
business is situated. When real property is a part of the property
assigned, and is situated in a county other than the one in which the
original assignment is required to be recorded, a certified copy of such
assignment shall be filed and recorded in the county where such property
is situated.

The assent of the assignee, subscribed and acknowledged by him, shall
appear in writing, embraced in or at the end of, or indorsed upon the
assignment, before the same is recorded, and, if separate from the
assignment, shall be duly acknowledged.

In all cases where an assignment is made by a corporation the right to
recover the amount due from stockholders on unpaid capital stock issued
to or subscribed for by them shall pass to the assignee whether
mentioned in the assignment or not.

The right of any person to payments, including tax refunds, recovery
rebates, refundable tax credits, and any advances of any tax credits,
under the federal Families First Coronavirus Response Act (FFCRA),
Coronavirus Aid, Relief, and Economic Security Act of 2020 (CARES Act),
Consolidated Appropriations Act of 2021, and American Rescue Plan Act of
2021 (ARPA) shall not be transferable or assignable, at law or in
equity.