The absence in the Bankruptcy Law of an indication of the need to establish a minimum price for the sale of pledged property at auctions held through a public offer does not deprive the collateral

Trading in bankruptcy. Part 2. When and on what basis are auctions held?

Part 1 of the article “Tendering in bankruptcy” talked about how and by whom the bankruptcy estate of a bankrupt enterprise is formed and distributed for subsequent sale at auction. This article will focus on the actual bidding process.

Briefly about the essence

Declaring an enterprise bankrupt is regulated by the norms of Federal Law No. 127-F3, on the basis of which the proper bankruptcy procedure is carried out and the arbitration court recognizes the debtor as unable to pay the accounts of creditors and fully satisfy their demands. Based on the provisions of the same law, auctions of the property of a failed enterprise are organized through auctions, including electronic ones. The rules for organizing and conducting electronic auctions are regulated by MEDT Order 495, which approves the basic rules for conducting electronic auctions. They are:

Article 110 sets out in detail the essence of what falls under the category of enterprise property, what types of property can be alienated and in what order. The norms of this article define the organizers and their powers, establish the rules for submitting an application for participation in the auction, conducting it and analyzing the final results, on the basis of which the winners are determined.

Art. 138 — Takes into account the claims of creditors for obligations secured by a pledge of the debtor’s property values. Simply put, it talks about how and on what basis the collateral property is put up for auction, which is regulated by paragraphs 4, 5, 8 - 19 of Art. 110, as well as clause 3 of Article 111 of the current Federal Law, taking into account the provisions approved by Order 495 of the Ministry of Economic Development and Trade.
Art. 139 - details the regulations for the deadlines for submitting information about the debtor’s property for further sale through the organization of auctions and the rights of buyers of property. Further details...

Application Form, Deposit Agreement, Draft Sales and Purchase Agreement, Auction Regulations

The Municipal Property Management Committee of the city of Barnaul announces the sale of municipal property

through a public offering

February 07, 2013
at 15-15 hours.
AT ADDRESS: BARNAUL, MALO-TOBOLSKAYA STREET, 20,

(5th floor, meeting room)

I. General provisions

1. Reason for sale

— resolutions of the Barnaul city administration dated December 10, 2012 No. 3642, 3647, 3649, dated December 14, 2012 No. 3718.

2. Owner

objects put up for sale - urban district - the city of Barnaul, Altai Territory.

3. Salesman

— Committee for the management of municipal property of the city of Barnaul.

4. Application start date

for the purchase of objects -

December 24, 2012

5. Closing date for applications

for the purchase of objects -

January 18, 2013

6. Date of recognition of applicants as participants

sales through a public offering –

January 23, 2013

7. Time and place for accepting applications

— working days from 8.00 to 12.00 and from 13.30 to 16.00 local time at the address: Barnaul, Malo-Tobolskaya str., 20, 4th floor, room. No. 4.

Contact phone: (385-2) 63-88-58, 36-40-57.

II. Object Information

.
Non-residential premises (H1) in the basement of a residential building letter A with a total area of 594.4 square meters at 80 Gvardeiskaya Divizii St., 68. The
initial offer price is 2,600,000 (two million six hundred thousand) rubles.

The method of privatization is sale through a public offer.

“Downward step” - 260,000 (two hundred sixty thousand) rubles.

“Auction step” - 50,000 (fifty thousand) rubles.

Minimum offer price – the minimum price at which the property can be sold (cut-off price) – 1,300,000 (one million three hundred thousand) rubles.

Payment term - within 10 days from the date of signing the purchase and sale agreement by a one-time deposit of the amount for the purchased property to the current account in accordance with the purchase and sale agreement, minus the previously paid deposit.

Deposit amount: 260,000 (two hundred sixty thousand) rubles.

The object was put up for auction on 03/21/2012, 05/17/2012, 06/28/2012, 09/13/2012, 10/25/2012, 12/12/2012. The auction did not take place due to lack of applications.

2. Non-residential premises H2 in the basement with a total area of 176.8 square meters at 55 Zapadnaya 1st Street, building 1.

The initial offer price is 1,020,000 (one million twenty thousand) rubles.

The method of privatization is sale through a public offer.

“Decrease step” - 102,000 (one hundred two thousand) rubles.

“Auction step”—30,000 (thirty thousand) rubles.

Minimum offer price – the minimum price at which the property can be sold (cut-off price) – 510,000 (five hundred ten thousand) rubles.

Encumbrance - a lease agreement for non-residential premises dated November 20, 2012 No. 782 was concluded with M.V. Tarasov. from November 20, 2012 to October 19, 2013.

Deposit amount: 102,000 (one hundred two thousand) rubles.

The object was put up for auction on 03/21/2012, 05/17/2012, 06/28/2012, 09/13/2012, 10/25/2012, 12/12/2012. The auction did not take place due to lack of applications.

3. Non-residential premises H4 on the 1st floor of the building letters A, A1, A2 with a total area of 656.2 square meters on the street. Vodoprovodny, 136b.

The initial offer price is 2,550,000 (two million five hundred fifty thousand) rubles.

The method of privatization is sale through a public offer.

“Downward step” - 255,000 (two hundred fifty-five thousand) rubles.

“Auction step” - 100,000 (one hundred thousand) rubles.

Minimum offer price - the minimum price at which the property can be sold (cut-off price) - 1,275,000 (one million two hundred seventy-five thousand) rubles.

Deposit amount: 255,000 (two hundred fifty-five thousand) rubles.

The object was put up for auction on September 13, 2012, October 25, 2012, and December 12, 2012. The auction did not take place due to lack of applications.

4. Non-residential premises (H2) in the basement of a residential building letters A, A1 with a total area of 456.6 square meters at 36 Novosibirskaya Street in the Novosilikatny microdistrict.

The initial offer price is 1,940,000 (one million nine hundred and forty thousand) rubles.

The method of privatization is sale through a public offer.

“Downward step” - 194,000 (one hundred ninety-four thousand) rubles.

“Auction step” - 50,000 (fifty thousand) rubles.

Minimum offer price – the minimum price at which the property can be sold (cut-off price) – 970,000 (nine hundred seventy thousand) rubles.

Deposit amount: 194,000 (one hundred ninety-four thousand) rubles.

The object was put up for auction on 03/21/2012, 05/17/2012, 06/28/2012, 09/13/2012, 10/25/2012, 12/12/2012. The auction did not take place due to lack of applications.

Sh. Procedure for submitting applications for the acquisition of objects

In accordance with the Federal Law of December 21, 2001 N178-FZ “On the privatization of state and municipal property”, buyers of state and municipal property can be any individuals and legal entities, with the exception of state and municipal unitary enterprises, state and municipal institutions, as well as legal entities , in the authorized capital of which the share of the Russian Federation, constituent entities of the Russian Federation and municipalities exceeds 25 percent.

Open joint-stock companies and limited liability companies cannot be buyers of their shares, their shares in authorized capital, privatized in accordance with this Federal Law.

If it is subsequently established that the buyer of state or municipal property did not have the legal right to acquire it, the corresponding transaction is void.

A person who meets the criteria of a buyer and wishes to purchase real estate through a public offer (hereinafter referred to as the applicant), in the manner prescribed by this information message, submits an application in the form approved by the seller.

Along with the application, applicants submit the following documents:

legal entities:

certified copies of constituent documents;

a document containing information about the share of the Russian Federation, a constituent entity of the Russian Federation or a municipal entity in the authorized capital of a legal entity (register of shareholders or an extract from it or a letter certified by the seal of the legal entity and signed by its head);

a document that confirms the authority of the head of a legal entity to carry out actions on behalf of the legal entity (a copy of the decision on the appointment of this person or on his election) and in accordance with which the head of the legal entity has the right to act on behalf of the legal entity without a power of attorney;

individuals present an identification document or provide copies of all its sheets.

If his representative acts on behalf of the applicant under a power of attorney, a power of attorney to act on behalf of the applicant, executed in the prescribed manner, or a notarized copy of such a power of attorney must be attached to the application. If the power of attorney to carry out actions on behalf of the applicant is signed by a person authorized by the head of the legal entity, the application must also contain a document confirming the authority of this person.

All sheets of documents submitted simultaneously with the application, or separate volumes of these documents must be bound, numbered, sealed by the applicant (for a legal entity) and signed by the applicant or his representative.

An inventory of these documents (including each volume) is also attached. The application and such inventory are drawn up in two copies, one of which remains with the seller, the other with the applicant.

Compliance by the applicant with these requirements means that the application and documents submitted simultaneously with the application are submitted on behalf of the applicant.

The duration of acceptance of applications must be at least twenty-five days. One person is allowed to submit only one application. A sale through a public offer is carried out no earlier than ten working days from the date of recognition of applicants as participants in the sale through a public offer.

IV. Amount, deadline and procedure for making a deposit, necessary account details

To participate in the sale through a public offer, the Applicant makes a deposit to secure payment for the municipal property acquired through a public offer. The deposit amount is set at 10% of the initial price. The deposit is paid before submitting an application for participation in the sale through a public offer during the entire period for accepting applications to the seller’s bank account:

Recipient:

UFK for the Altai Territory (committee for the management of municipal property of the city of Barnaul
l/s 05173009510
)

BANK:

GRKTs GU BANK OF RUSSIA FOR THE ALTAI KR. BARNAUL

BIC

040173001

TIN

2202000060
/checkpoint
222501001

OKATO

01401000000

r/s

40302810501733000003

sale of property

— KBK
91011402043040000410
sale of shares

— KBK
91001060100040000630
sale
of scrap metal
— KBK
91011402043040000410
( KBK must be indicated in the tax field)

Purpose of payment

Read also:

: deposit for participation in the sale through a public offering _______________________________________.

(Object name)

The document confirming receipt of the deposit to the account specified in the information message is an extract from this account.

The deposit amounts are returned to the participants in the sale through a public offer, with the exception of the winner of such a sale, within five days from the date of summing up its results.

The applicant has the right to withdraw the submitted application to participate in the sale through a public offer until he is recognized as a participant in such a sale.

V. Restrictions on participation in bidding through a public offer

The applicant is not allowed to participate in the sale through a public offer on the following grounds:

the submitted documents do not confirm the right of the applicant to be a buyer in accordance with the legislation of the Russian Federation;

not all documents have been submitted in accordance with the list specified in the information message about the sale, or the execution of these documents does not comply with the legislation of the Russian Federation;

the application to participate in the sale through a public offer was submitted by a person not authorized by the applicant to carry out such actions;

receipt of the deposit on the accounts specified in the information message has not been confirmed within the established period.

The list of grounds for refusing an applicant to participate in a sale through a public offering is exhaustive.

VI. Place and deadline for summing up the sale through a public offer, procedure for determining the winners

The results of the sale through a public offer are summed up at the place and on the day of the sale. The right to acquire municipal property belongs to the participant in the sale through a public offer, who has confirmed the price of the initial offer or the offer price established at the corresponding “downward step”, in the absence of offers from other participants in the sale through a public offer.

If several participants in the sale through a public offer confirm the price of the initial offer or the offer price established in one of the “downgrade steps”, an auction is held with all participants in the sale through a public offer in accordance with the rules established in accordance with Federal Law No. 178-FZ of December 21, 2001 auction rules, which provide for an open form of submission of proposals for the price of property. The initial price of property at such an auction is the price of the initial offer or the offer price established at this “downward step”.

If participants in such an auction do not submit an offer for a price higher than the initial price of the property, the right to purchase it belongs to the auction participant who was the first to confirm the initial price of the property.

A sale through a public offer in which only one participant took part is considered invalid.

A notice of recognition of the participant in the sale through a public offer as the winner is issued to the winner or his authorized representative against signature on the day of summing up the results of the sale through a public offer.

VII. The procedure for concluding a purchase and sale agreement and payment for property

No later than fifteen working days from the date of issuance of the notice of recognition of the participant in the sale through a public offer as the winner, a purchase and sale agreement is concluded with him.

Payment is made within the time limits established by this information message, in full by a one-time transfer using the following details:

Salesman:

Committee for Municipal Property Management of the City of Barnaul, 656056 Barnaul, st. Malo-Tobolskaya, 20,

TIN

2202000060/
checkpoint
222501001

Recipient:

UFK for the Altai Territory (committee for the management of municipal property of the city of Barnaul)

Bank:

GRKTs GU BANK OF RUSSIA FOR THE ALTAI KR. BARNAUL

BIC

040173001

r/s

40101810100000010001

OKATO

01401000000

sale of property

— KBK
91011402040040000410
sale of shares

— KBK
91001060100040000630
sale
of scrap metal
— KBK
91011402043040000410
( KBK must be indicated in the tax field)

Purpose of payment

: Payment under the contract dated ______No.____name of the object.

The amount of the deposit is counted towards payment for the purchased object.

If the winner of a sale through a public offer evades or refuses to conclude a contract for the purchase and sale of property within the established period, he loses the right to conclude the said contract and the deposit is not returned to him.

VIII. Transfer of ownership of municipally owned real estate

The transfer of municipal property and registration of ownership of it is carried out in accordance with the current legislation of the Russian Federation and the purchase and sale agreement no later than thirty days after full payment of the property.

IX. Final provisions

1. Buyers can find out about other information about objects at the time and place established for accepting applications on the websites: kums-barnaul.ru (in the section “Privatization of municipal property”), www.barnaul.org (in the section “Rent and sale of municipal property").

2. All other issues related to the sale of property that are not reflected in this information message are regulated by the current legislation of the Russian Federation.

Chairman of the Committee

for the management of municipal
property of the city of Barnaul S.N. Fominykh

Basis for sale

The legislative framework of the Russian Federation clearly states that in a situation where the debt of an enterprise crosses the line of 300,000 rubles and fails to meet its obligations to creditors, it may be declared bankrupt. In this case, a proper bankruptcy procedure is assigned, during which creditors put forward their own demands, and a manager appointed by the arbitration court forms a bankruptcy estate for its subsequent sale and distribution of the proceeds among the creditors involved in the case. NOTE: In the event that a company is NOT declared bankrupt, but has a large debt, its property (including collateral) can be forcibly sold by bailiffs.

Types of Bankruptcy Bidding

Firstly, there are two types of trades:
Closed - can be carried out when the company owns limited current assets. This is how collateral is most often sold. In this case, the cost of the object is indicated immediately in the application.

Secondly, the bidding process involves three stages with specific differences: Stage 1. Primary bidding. The specificity of this stage is that the objects of the enterprise, including real estate, which was officially recognized, are put up for auction for the first time. Feature: the price is going up,
The sales process follows the principle of an auction (participants indicate the price in ascending order in accordance with needs and capabilities).

Process rule: After a step is taken to increase the set denomination, the system counts 30 minutes. for the next participant to put forward his proposal. Stage 2. Secondary (repeated) bidding. They are appointed when the first ones are declared invalid. Feature: the cost of the lot is determined in the same way as the first option - the price goes up. But in this case, the nominally established amount for the object for sale is 10 percent lower than at the primary auction. The rules for conducting the process are similar to the rules for the primary auction.

Stage 3. Public offers. In this case, trading looks radically different. This is expressed in the fact that the initially established cost of lots does not increase, but, on the contrary, falls with a certain time interval. A distinctive feature of a public offer is the possibility of its activation only when the object of sale was not sold during the previous two auctions. Rules: Traditionally, this stage takes place within 30 calendar days. The cost of exhibited lots is reduced at intervals of 3 to 5 days in the amount of 1 to 20 percent of the original price denomination.

A LITTLE REFERENCE: For many professional buyers participating in auctions, it is the last stage that seems the most interesting, because the main thing here is to wait for a “convenient” reduction in price and have time to submit an application with your price offer. Moreover, according to clause 5.4 of Article 139 of Law No. 127-FZ, the indicated price should not be lower than the posted face value.

Use of deposits in real estate purchase and sale transactions.

In real estate practice, when concluding real estate purchase and sale transactions, a deposit is very often used.

As a rule, when concluding an agreement with a client for the provision of real estate services, a deposit condition is included, according to which the amount paid is the payment amount and if the transaction is not concluded due to the fault of the client, this amount remains with the realtor.

In such cases, the courts stood up for the protection of clients, and the amounts paid to realtors are recovered in favor of clients if the realtors were unable to find the appropriate property. If the client himself refused to fulfill the contract, the court left a deposit to the realtor.

Types of objects

The auction market assumes the possibility of selling the following types of objects:

Movable property. This category includes:
working machinery and equipment,
Construction Materials,
garage buildings and the like.

Property of an immovable nature. These include:
- land,

Accounts receivable. It should be noted right away that this is a rather complex topic. The process of collecting receivables involves many nuances and features. And many simply do not understand what it is. In fact, receivables are the same asset that can be disposed of in the same way as property. But the most interesting thing is that the main buyers of debt are collectors and specially organized companies that, on contractual terms, buy or collect debt for a certain interest rate.

Filing an application

According to the Order of the Ministry of Economic Development and Trade 495, which approves new amendments to the rules for conducting property auctions in electronic format, at present, an application for participation in auctions can only be submitted electronically and confirmed by the corresponding enhanced digital signature. Only registered and accredited participants have the right to apply for participation in electronic auctions. The registration procedure is as follows:

First, you need to order an individual digital signature (usually enterprises receive it at the stage of company registration, and this procedure takes from 3 to 5 days).
Then comes the turn of the TP accreditation process.

Having received a response about the completion of accreditation, it is necessary to begin preparing the appropriate package of documents (this is stated in Appendix No. 1 to the order of the Ministry of Economic Development of Russia, signed on June 23, 2020 N 495).
The final stage of preparation for participation in the auction is the payment of a deposit in the amount of ten percent or more of the nominal value of the sale lot.

A scanned copy of the financial document confirming payment is submitted along with the application for participation in the auction. After receiving the “accepted” status, you can breathe a sigh of relief - the preparation is complete.

How to deposit money

To transfer the required amount to the person conducting the auction, you must adhere to the following algorithm of actions:

Study the information provided on the lot being sold. Here there is data on the amount of the deposit, bank details for transfer and the date until which receipts of funds are accepted for subsequent participation in the auction;
By contacting the bank or using online applications provided by a financial institution, transfer money to the details specified in the message about the lot or in the deposit agreement;
A scanned copy of the payment document with the bank's mark must be sent via an electronic platform to the person conducting the auction.

We invite you to familiarize yourself with: Transport expedition agreement with prepayment