O.C.G.A.

O.C.G.A. § 18-2-46 (2019)

Annexation of affidavit to deed of assignment; contents of affidavit

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

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At the time of signing the deed of assignment provided for in Code Section 18-2-43, the person or firm making an assignment or the officer acting for the corporation making an assignment shall make an affidavit which shall be annexed to such assignment, and which affidavit shall state that:

(1) The assignment conveys all property held, claimed, or owned by the assignor at the time of making the assignment;

(2) All recitals and all estimates of totals and values therein and all list creditors are true to the best of his knowledge and belief;

(3) The debts set out as due to the preferred creditors are bona fide just, due, and unpaid; and

(4) The assignment is not made for the purpose of hindering, delaying, or defrauding creditors.

History

Ga. L. 1894, p. 90, § 6; Civil Code 1895,

§ 2703; Civil Code 1910, § 3236; Code 1933, § 28-307.

Annotations

RESEARCH REFERENCES ALR. The fact that the parties to a conveyance in fraud of creditors are not in pari delicto as affecting the right of the party guilty of fraud to relief, 7 A.L.R. 150. Who may take affidavit as basis for warrant of arrest, 16 A.L.R. 923. Conveyance in consideration of future

support as fraudulent against creditors, 23 A.L.R. 584. Imputation of agent’s knowledge to bankrupt or to creditor as satisfying conditions of provisions of Bankruptcy Act excepting unscheduled debts from discharge, 134 A.L.R. 185.