Public tender: notification, procedure. Public bidding for bankruptcy. Sale of arrested property

, находящегося в залоге. More recently, a law has been passed, the provisions of which regulate public bidding for the sale of real estate pledged. The order of their organization is defined in Federal Law No.102, art. . 59. Let us further consider how the sale is carried out from public auction .

General information

организуются по месту расположения объектов. Public tenders are organized at the location of the facilities. The previously effective norms provided for the obligation to publish in the official publication information that the event took place, within 30 days. From the date of its completion. In this notice, the date, place of the auction, as well as the price of material values, which were realized, were indicated. Currently, this period is reduced to 10 days.

Specificity

публикуется на официальном сайте ФССП. Notice of public tenders is published on the official website of the FSSP. At the same time, the information should reach the territorial units of the service. If there are subjects who are ready to participate in the auction, they must make a deposit. Usually its size is 5% of the value of material values. будут признаны несостоявшимися, эти лица получат внесенные средства в полном объеме. If public tenders are declared invalid, these persons will receive the funds paid in full. If the subject refuses to pay for the purchased items at the end of the event, the deposit will not be returned.

Agreement

The entity that wins the auction, signs an agreement. The contract is formalized with the organizer of the auction. The document includes all information about the entity that bought the property, the date and venue of the event. The information from the contract will serve as the basis for entering data into the EGRP.

The participants

имущества может быть допущено ограниченное количество субъектов. A limited number of entities may be admitted to public tenders for the sale of real estate. At the event, as a rule, there are mostly persons who have the right to use the facilities. Among them there may be relatives, friends, acquaintances of the pledger. A pledge holder can participate in the auction.

Clearance of the transaction

. The person who offered the highest price for objects is considered to have won a public auction . After the recognition of the subject, the auction protocol is drawn up. The person who wins the bidding, signs it. After that, a contract of sale is drawn up. In a five-day period, he must pay for the material values in full. At the same time, the pledge paid earlier is included in it. Cash is transferred to the account of the event organizer.

Recognition of the auction as failed

The norms provide for several requirements that must be fulfilled in order to recognize the validity of the measure. The first concerns the number of people present. If no one person or less than 2 people came to the event, the bidding will be declared invalid. An unsuccessful auction can also be considered in the event that the winner did not pay the entire amount for the acquired material values. After the announcement of the auction failed, the pledgee may become the owner of the objects. However, for this it is necessary to conclude an appropriate agreement. It is signed with the mortgagor according to the rules stipulated in the Civil Code. The document expresses the consent of the debtor for the transfer of items to the creditor's property. In the event that this transaction did not take place for some reason, it may be possible to organize repeated public auctions not earlier than in 1 month. The total cost of the facilities should be reduced by 15%.

Nuance

Participants in a disputable legal relationship can conclude an amicable agreement. According to it, the creditor can stop collecting if the debtor fully repays its obligations. может быть отменено. In this case, the conduct of public tenders can be canceled. If an amicable agreement is concluded after the announcement of the date of the event, the debtor will have to pay off all the losses that have been associated with his organization.

Withdrawal of tangible assets

In the enforcement proceedings, one of the most common measures to ensure the implementation of a court decision is the seizure of property. He, acting as a procedural act emanating from the state authority, is mandatory not only for the debtor himself, but also for third parties whose interests are affected. The latter, in particular, may be deprived of the right to dispose of the material values included in the inventory. However, restrictions can be imposed regardless of whether the objects are in the possession of the debtor or these third parties. The seizure of objects for their subsequent implementation is carried out five days after the seizure. The deadline for this is established directly by the bailiff. Employee FSSP in the process of executing executive actions, in the presence of relevant circumstances, can withdraw all items or some of them simultaneously with the design of the inventory.

Specificity of the implementation of objects

The seizure and sale of arrested property subject to rapid damage is carried out immediately. The implementation of objects is carried out by a specialized government agency under the Government. The sale of the seized property is carried out according to rules similar to those foreseen for pledged items. The proceeds from the sale are used to pay off debts to creditors and the state.

Recognition of an entity as insolvent

Public bidding for bankruptcy is traditionally organized at the stage of bankruptcy proceedings and external management. Realization of material values belonging to the debtor, as much as possible, meets the goal of recognizing the insolvency of the subject. The external manager organizes open public tenders for bankruptcy, provided that such an event does not lead to a stoppage of the debtor's work. He has the right to realize the whole enterprise of the subject, sending the proceeds to repay the obligations to creditors. In this case, the realization of values is focused on restoring the solvency of the firm. A slightly different goal in bankruptcy production. After the sale of property, the funds are sent to pay off debts to creditors, and then the entity is declared bankrupt.

Normative base

FZ No. 296 introduced numerous amendments to Law No. 127. In particular, they regulated the procedure for realizing the values of the debtor at the auction somewhat differently from what was previously accepted. As before, the insolvency law gives preference to the auction, the winner in which is determined only by price. Competitive bidding was previously organized only in cases that were directly defined by Federal Law No. 127. At present, their list has remained unchanged. However, in the current version of the normative act it is established that the auction is organized if, in relation to the property, the acquirer does not have to comply with any conditions determined by the decision of the creditors.

Open and closed events

The types of trades that the law allows to carry out are different primarily in terms of the composition of the participants. Thus, any subjects can be attracted to public (open) tenders, and only those invited to private ones. In the legislation, however, preference is given to the first category. Closed or open tenders may be depending on the form of price offers. In the second case they are given orally by the participants of the event. To do this, you use the step-by-step form of the auction. In case of buried bids, bids are sent in sealed envelopes to the organizer. This can be done on the day designated for their filing, or directly at the auction. Moreover, the legislation provides for mixed forms of bidding. For example, they can be open on the composition of the subjects involved in them, and closed by the way of submitting proposals, or vice versa.