How to search for public tenders. How to buy property at auction in a public offering and where to get lots

Bankrupt Spy- a service that helps to search for bankrupt property (127 Federal Law), confiscation, privatization on electronic trading platforms - ETP: electronic trading, auctions, public trading and tenders. This aggregator searches for auctions by category: cars, special equipment, residential and commercial real estate, land plots, accounts receivable, equipment, tools, materials, securities, etc., based on simple indicators: type of auction, region, name of the site, start date of the auction , price, auction number, name of the bankrupt, arbitration manager, etc., as well as by analytical indicators: market price, profitability, points, rating, etc.

Bankruptcy: search for bankrupt property in the database

Stages of bidding for bankruptcy property

In the article below, we will consider questions regarding the stages of bidding on bankrupt property and bidding on mortgaged or seized property. An independent expert on these issues, Natalya Surina, will try to clarify the situation as much as possible.

As for trading on bankrupt property, it can take place in three stages.

1) First auction. The starting price of bankrupt property put up for auction is determined by an independent assessment in the bankruptcy report. Bidding proceeds in increments, that is, the property is purchased by the one who names the maximum price.

2) Repeated auction. At this stage, the value of the bankrupt property is reduced by 10% from the initial price that was indicated at the first auction. Trading follows the same pattern - upward.

3) Public offer- bankrupt property that was not sold at the first and repeated auctions falls into this stage. Here the bidding goes down, that is, there is a price reduction schedule, according to which the price is reduced in stages and can be reduced several times or to the very minimum cost compared to the initial price at the auction. But, there is an important nuance: after the next stage of decline, trading goes up, just like at an auction. This stage is the most attractive, because property can be purchased very profitably. But it is worth noting that property that has high liquidity and high quality, that is, which can be quickly sold, most likely will not reach this stage.

Seized and pledged property
If we talk about the stages of bidding on debtors’ property, namely, seized or mortgaged property, then a slightly different picture is observed here. First of all, I would like to immediately clarify that, as a rule, at least three, or even more, years pass before the seized property reaches the initial stage of bidding (auction).

What is this connected with? If we talk about a mortgage, the bank will be able to file a lawsuit to foreclose on the property from the debtor only after more than three mortgage payments are overdue. As practice shows, for the first year or two people try to pay their mortgage on time, but then the situation changes for one reason or another and delays in payments begin. After three late payments, the bank goes to court to recover the property from the debtor. The trial lasts from 3 months to six months, depending on whether the defendant files an appeal or not. Next, a court decision is made; it enters into legal force within 10 days if issued in person and 37 days if issued in absentia. After the court decision is passed into the hands of the bailiffs, who begin enforcement proceedings, the time is again delayed due to the high busyness of the bailiffs themselves.

It is worth noting that purchasing an apartment with a mortgage at a debt auction is only beneficial in relation to the property that was purchased with a ruble mortgage. The price of the property is indicated exactly as indicated in the agreement with the bank; accordingly, since more than three years have passed since the conclusion of the agreement, now the market value of the property is an order of magnitude higher. Foreign currency mortgages are no longer so beneficial; in most cases they are implemented by the bank itself.

How does the price of seized and pledged property change?
So, the first stage in the sale of seized or pledged property is an auction. As mentioned above, the value of the property at the first stage of bidding is indicated as the one that corresponds to the value in the mortgage agreement with the bank. Trades are going up.

The second stage of bidding, the re-auction, includes the pledged property that was not sold at the auction. The value of the property is reduced by 15% of the original value, and bidding again goes up.

The legislative basis for bankruptcy auctions is the “Bankruptcy Law,” and the stages of auctions for debtors’ property are based on the Civil Code of the Russian Federation and relate to enforcement proceedings.

Another important point: the term “Public auction” can only be applied to the sale of pledged property, that is, to auctions that relate to enforcement proceedings. The terms “public offer” and “public auction” should not be confused; the latter are in no way related to bankruptcy auctions.

You can get qualified assistance to participate in the auction here.

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

In the case of engaging an agent or legal entities specified in paragraph three of paragraph 2 of these Regulations, the deposit of the winner who has lost the right to conclude a contract for the sale and purchase of property is subject to transfer by the agent or the specified legal entities, respectively, in the prescribed manner to the budget of the corresponding level of the budget system of the Russian Federation in within 5 calendar days from the date of expiration of the period established for concluding a contract for the sale and purchase of property.

27. The buyer’s liability in the event of his refusal or evasion to pay for the property within the established time frame is provided for in accordance with the legislation of the Russian Federation in the property purchase and sale agreement.

28. An information message on the results of the sale of property is posted on the official website on the Internet in accordance with the requirements established by the Federal Law “On the Privatization of State and Municipal Property”, and no later than the working day following the day of summing up the results of the sale of property, is posted on the seller's website on the Internet.

Position
on organizing the sale of state or municipal property without announcing the price
(approved by Decree of the Government of the Russian Federation of July 22, 2002 N 549)

With changes and additions from:

September 15, December 29, 2008, January 26, 2010, March 3, 2012, April 3, 2015, May 16, 2016, September 26, 2017

I. General provisions

1. These Regulations determine the procedure for organizing the sale of property owned by the Russian Federation (hereinafter referred to as property) without announcing a price, summing up the results of the sale of property without announcing a price (hereinafter referred to as sale) and concluding a contract for the sale of property.

With regard to organizing the sale of property owned by the state of the constituent entities of the Russian Federation and municipal property, summing up the results of the sale and concluding purchase and sale agreements for the said property with buyers, this Regulation is exemplary.

The organization of the sale without announcing the price of land plots, objects of social, cultural and public utility purposes and the transfer of these objects into the ownership of buyers is carried out taking into account the specifics established by the legislation of the Russian Federation on privatization for these types of property.

2. The sale of property is organized by the Federal Agency for State Property Management, the Ministry of Defense of the Russian Federation (in relation to the released military property of the Armed Forces of the Russian Federation) or the federal executive authorities that provide for military service (in relation to the released movable military property) (hereinafter referred to as - salesman).

By decision of the Government of the Russian Federation, organizing the sale of privatized federal property and (or) performing the functions of a seller on behalf of the Russian Federation in the prescribed manner is carried out by legal entities acting in accordance with an agency agreement (hereinafter referred to as the agent).

3. The seller in the process of preparing and conducting the sale of property:

a) establishes the deadline for accepting applications for the acquisition of property (the date and time of the start and end of accepting applications), as well as the date for summing up the results of the sale of property;

b) organizes the preparation and placement of an information message about the sale of property on the information and telecommunications network "Internet" (hereinafter referred to as the "Internet") in accordance with the requirements established by the Federal Law

c) accepts applications from legal entities and individuals for the acquisition of property (hereinafter referred to respectively as applications and applicants), as well as proposals attached to them on the price of acquisition of property and other documents according to the inventory submitted by the applicant;

d) keeps records of applications and proposals for the purchase price of property by registering them in the manner established by the seller;

e) notifies the applicant of the refusal to consider his submitted application and proposal for the purchase price of the property or of his recognition as the buyer of the property;

f) concludes a property purchase and sale agreement with the buyer;

g) makes settlements with the buyer;

h) organizes the preparation and posting of an information message about the results of the sale of property on the Internet in accordance with the requirements established by the Federal Law “On the Privatization of State and Municipal Property” and these Regulations;

i) ensures the transfer of property to the buyer and takes the necessary actions related to the transfer of ownership of it;

j) performs other functions provided for by the Federal Law “On the Privatization of State and Municipal Property” and these Regulations.

4. The functions provided for in paragraph 3 of these Regulations are the exclusive functions of the seller and cannot be transferred to other persons, except in cases provided for by the legislation of the Russian Federation.

II. The procedure for organizing the receipt of applications and proposals for the purchase price of property

5. Applications with all documents attached to them are sent to the seller at the address specified in the information message, or submitted directly to the place where applications are accepted.

The Seller accepts applications within the period specified in the information message.

The deadline for accepting applications must be at least 25 calendar days. The date determined by the seller for summing up the sale of the property is indicated in the information message.

6. The form of the application form is approved by the seller and is provided in the information message.

The application must contain the applicant’s obligation to enter into a contract for the purchase and sale of property at the price offered by him.

A proposal for the purchase price of the property is attached to the application in a sealed envelope. The purchase price of the property proposed by the applicant is indicated in numbers and in words. If different prices are indicated in numbers and in words, the price indicated in words is taken into account.

The applicant has the right to submit only one offer on the purchase price of the property.

The application is also accompanied by documents according to the list specified in the information message, and a list of the attached documents in two copies, one of which remains with the seller, the other, with a note from the seller about acceptance of the application and the documents attached to it, with the applicant.

7. When accepting an application, the seller:

a) confirms the identity of the applicant or his authorized representative and verifies the proper execution of the document certifying the right of the authorized representative to act on behalf of the applicant;

b) reviews applications with accompanying documents to determine their compliance with the requirements of the legislation of the Russian Federation.

8. The seller refuses to accept the applicant’s application if:

a) the application is submitted after the deadline for accepting applications specified in the information message;

b) the application is submitted by a person not authorized by the applicant to carry out such actions;

c) the application is submitted in violation of the requirements established by the seller;

d) not all documents provided for in the information message have been submitted, or they are not properly executed;

e) the submitted documents do not confirm the right of the applicant to be the buyer of the property in accordance with the legislation of the Russian Federation.

The specified list of grounds for refusing to accept an application is exhaustive.

The seller's employee who accepts the documents makes a note on the copy of the list of documents remaining with the applicant about the refusal to accept the application, indicating the reason for the refusal, and certifies it with his signature. An unaccepted application with the documents attached to it is returned on the day it is received by the seller to the applicant or his authorized representative against signature or by mail (registered mail).

9. The seller registers accepted applications and proposals for the purchase price of property in the application acceptance journal, assigning each application a number and indicating the date and time of its receipt.

A registered application is a bidder’s proposal (offer) received by the seller, expressing his intention to consider himself to have entered into a property purchase and sale agreement with the seller at the purchase price proposed by the bidder.

The applicant does not have the right to withdraw a registered application, unless otherwise established by the legislation of the Russian Federation.

III. The procedure for summing up the sale of federal property

10. Based on the results of consideration of the submitted documents, the seller makes a separate decision for each registered application to consider proposals for the purchase price of the property. This decision is formalized in a protocol on the results of the sale of property in the manner established by these Regulations.

11. To determine the buyer of the property, the seller opens envelopes with offers on the purchase price of the property. When opening envelopes with proposals, the applicants who submitted them or their authorized representatives may be present.

d) information about the considered proposals for the purchase price of property, indicating the applicants who submitted them;

e) information about the buyer of the property;

f) the purchase price of the property offered by the buyer;

g) other necessary information.

14. Notices of refusal to consider the proposal submitted by the applicant for the purchase price of the property and of recognition of the applicant as the buyer of the property are issued respectively to the applicants and the buyer or their authorized representatives against signature on the day of summing up the results of the sale of the property or are sent to their address by registered mail on the next day after summing up the sale of property day.

15. If, within the period specified in the information message for accepting applications, not a single application was registered or, based on the results of consideration of registered applications, not a single proposal for the purchase price of the property was accepted for consideration, the sale of the property is recognized as failed, which is recorded in the protocol on the results of the sale of the property .

15.1. An information message on the results of the sale of property is posted in accordance with the requirements of the Federal Law "On the Privatization of State and Municipal Property" on the official website of the Russian Federation on the Internet to post information about the bidding determined by the Government of the Russian Federation, and also no later than a business day, following the day of summing up the results of the sale of the property - on the seller’s website on the Internet.

IV. The procedure for concluding a property purchase and sale agreement, paying for property and transferring it to the buyer

16. The contract for the purchase and sale of property is concluded within 5 working days from the date of summing up the results of the sale.

17. A property purchase and sale agreement must contain all the essential conditions provided for such agreements by the Civil Code of the Russian Federation, the Federal Law “On the Privatization of State and Municipal Property” and other regulatory legal acts of the Russian Federation.

Cash in payment for privatized federal property in the amount of the purchase price proposed by the buyer is sent in the prescribed manner to the federal budget to the account specified in the information message about the sale of property, within the time period specified in the property purchase and sale agreement, but no later than 30 working days from the date of his imprisonment.

If an agent is engaged to perform the functions of a seller of privatized federal property, the Federal Agency for State Property Management sends to the agent no later than 3 business days from the date of receipt of funds to the account specified for payment of federal property, an extract from the specified account.

When selling property that is state-owned by constituent entities of the Russian Federation or municipal property, the procedure and timing for the transfer of funds to pay for the privatized property to the budget of the constituent entity of the Russian Federation or to the local budget are determined in accordance with the laws and other regulatory legal acts of the constituent entities of the Russian Federation or legal acts of local government bodies.

If an installment plan is granted, payment for the property is carried out in accordance with the decision to grant the installment plan.

The purchase and sale agreement provides for the buyer to pay a penalty in the event of his evasion or refusal to pay for the property.

18. If the buyer evades concluding an agreement for the purchase and sale of property within the established period, the buyer loses the right to conclude such an agreement. In this case, the sale of the property is considered invalid.

19. The fact of payment for property is confirmed by an extract from the account specified in the information message about the sale of property, confirming the receipt of funds in the amount and terms specified in the contract for the sale of property or the decision on installment payment for property.

20. The seller ensures that the buyer receives the documentation necessary for state registration of the purchase and sale transaction of property and state registration of the transfer of ownership arising from such a transaction.

1. The sale of state or municipal property through a public offer (hereinafter referred to as the sale through a public offer) is carried out if the auction for the sale of the specified property was declared invalid. In this case, an information message about the sale through a public offer is posted in the manner established by Article 15 of this Federal Law no later than three months from the date the auction is declared invalid.

2. An information message about a sale through a public offering, along with the information provided for in Article 15 of this Federal Law, must contain the following information:

1) date, time and place of the sale through a public offer;

2) the amount of reduction in the price of the initial offer ("reduction step"), the amount of price increase in the case provided for by this Federal Law ("auction step");

3) the minimum offer price at which state or municipal property can be sold (cut-off price).

3. The initial offer price is set not lower than the initial price specified in the information message about the sale of the property specified in paragraph 1 of this article at an auction that was declared invalid, and the cut-off price is 50 percent of the initial price of such an auction.

4. The duration of acceptance of applications must be at least twenty-five days. One person is allowed to submit only one application. Recognition of applicants as participants in the sale through a public offer is carried out within five working days from the deadline for accepting applications. The sale through a public offer is carried out no later than the third working day from the date of recognition of applicants as participants in the sale through a public offer.

(see text in the previous edition)

4.1. To participate in the sale through a public offer, the applicant makes a deposit in the amount of 20 percent of the initial price specified in the information message on the sale of state or municipal property.

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

(see text in the previous edition)

5. Sales through a public offer are carried out using an open form for submitting proposals for the acquisition of state or municipal property during one procedure for conducting such a sale.

When selling through a public offer, the initial offer price is successively reduced by a “downward step” to the cut-off price.

Proposals for the acquisition of state or municipal property are announced by participants in the sale through a public offer by raising their cards after the announcement of the initial offer price or the offer price established at the corresponding “downward step”.

The right to acquire state or 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 “reduction steps,” an auction is held with all participants in the sale through a public offer in accordance with the auction rules established in accordance with this Federal Law, providing for an open form for submitting offers on the price of property. The initial price of state or municipal property at such an auction is the initial offer price or the offer price established at this “downward step”.

If participants in such an auction do not submit an offer for a price that exceeds the starting price of state or municipal property, the right to purchase it belongs to the auction participant who was the first to confirm the starting price of state or municipal property.

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

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

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

2) not all documents have been submitted in accordance with the list specified in the information message on the sale of state or municipal property, or the execution of these documents does not comply with the legislation of the Russian Federation;

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

4) receipt of the deposit on the accounts specified in the information message within the established period is not confirmed.

8. The list of reasons for refusing an applicant to participate in a sale through a public offer specified in paragraph 7 of this article is exhaustive.

9. The applicant has the right to withdraw the submitted application for participation in the sale through a public offer until it is recognized as a participant in such a sale.

Bidding and public offering of collateral property.
An interesting question regarding the sale of collateral property through a public offering. 1. The secured creditor did not exercise the right to retain the collateral. 2. The subject of the pledge is subject to sale through a public offering in accordance with paragraph 4 of Art. 139 ZOBa. (Clause 4.1, Article 138 of the ZOB). 3. Who establishes the procedure for the sale - the secured creditor or the meeting? Or maybe AU.
I think the following: On the one hand, the secured creditor - The procedure and terms of the auction are determined by the bankruptcy creditor, whose claims are secured by the pledge of the property being sold (clause 4 of Article 138). On the other hand: 1. If the repeated auction is declared invalid, the bankruptcy creditor for obligations secured by a pledge of the debtor’s property has the right to retain the pledged item with an assessment of it in the amount of ten percent below the initial sale price at the repeated auction (clause 4.1 of Art. 138 ZOB). And also: If the pledgee does not exercise the right to retain the subject of pledge within a month from the date of declaration of repeated auctions as failed, the pledge agreement is terminated (clause 13 of the Law of the Russian Federation N 2872-I “On Pledge”), and: If the pledgee does not exercise the right leave the subject of the mortgage with you within a month after the repeated public auction is declared invalid, the mortgage is terminated (clause 5 of Law N 102-FZ “On Mortgage (Pledge of Real Estate)”). In this regard, the SAC Resolution states that the proceeds from the sale of the pledged property (if the pledged property is not retained), the proceeds from the sale of the pledged property are used to pay off the claims of the pledged creditor (clause 13 of the PVAS No. 58). The right of the secured creditor is exercised by his refusal. The AU proceeds to the sale of property under Art. 110 ZOBa. In paragraph 4 of Art. 139 and in the Law, in fact, the entire procedure is described, not only one - reducing the initial sale price of property and the period for the reduction. In this regard, I think that the order is established by the meeting of creditors. Although it would be necessary to check through the court.

The topic on the forum is not new.
Well, let's go for another round of discussion.
To begin with, we note that the Civil Code and the APC are general normative legal acts. ZOB is a special law. This means that the norms of the Civil Code and the AIC are applied in relation to ZOB subsidiarily.
Civil Code (clause 3 of Article 64): “The grounds for declaring a legal entity bankrupt by a court or declaring its bankruptcy, as well as the procedure for liquidating such a legal entity are established by the law on insolvency (bankruptcy).”
APC (Article 223 of the APC) It says that insolvency cases are considered by the arbitration court according to the rules provided for by the Arbitration Procedure Code of the Russian Federation, with the features established by federal laws governing bankruptcy issues.

From July 19, 2009, the right of the secured creditor to realize the pledge through the public appeared (after the introduction of clause 41.1, article 138 into the ZOB). Thus, keeping the collateral for oneself is not the last preference of the secured creditor.

The public deposit is maintained. See 58 Plenum. According to the results of the public, “proceeds from the sale of the pledged property are used to repay the claims of the secured creditor in the manner prescribed...”
This means that the norms of the ZOB as a special Law do
clause 13 of Article 28.1. Law of the Russian Federation N 2872-I “On Pledge”
Clause 5 of Article 58 of Law No. 102-FZ “On Mortgage (Pledge of Real Estate)
not related to bankruptcy.

The question remains: if the pledged property is not sold publicly, does the pledge terminate? There is no answer in the ZOB. We turn subsidiarily to the Civil Code. What do we find?
Article 352. Termination of pledge
1. The pledge is terminated:
…
4) in case of sale (sale) pledged property in order to satisfy the requirements of the pledgee in the manner prescribed by law, as well as in case its implementation turned out to be impossible (Clause 4 as amended by Federal Law No. 306-FZ of December 30, 2008).

Has it been implemented? - No.
- Have all opportunities for implementation been used? The first auction, the second auction, the public - everything (and everything is in accordance with the Procedure for conducting the auction, written by the ZK).
- Are other methods of implementation provided for by law? - No.

The bail is terminated.
Everyone knows how to sell unmortgaged property.
Secured creditor against? - To court!

P.S. “Although it would be necessary to check through the court.”

In paragraph “a” of Part 17 of the Regulations on the organization of the sale of state or municipal property through a public offer, it is also indicated that the sale of property is carried out no later than fifteen working days from the date of determination of the participants. 7. Sales through a public offer are carried out using an open form for submitting proposals for the acquisition of property within one business day and within one procedure. Participants in the sale of property are given numbered cards. By raising such cards, participants must submit their proposals for the acquisition of property after announcing the initial offer price and the offer price, which is added up in the case of a reduction step. The sale is carried out by the leader in the presence of an authorized representative of the seller, who begins the sale with his announcement of the opening of the sale of the property.

Procedure for selling property through a public offering.

The bankrupt's unsold property is given a third attempt to find a new owner - the sale of the property is scheduled through a public offering. In this form of bidding, everything is the same as in an auction or competition - the one who offers the highest price for the property wins. However, in a public offering there are so-called periods of reduction in the initial cost, and there are several such periods.

You can call a public offer a nesting doll. In fact, within the framework of such a “matryoshka” there is the possibility of holding several auctions or competitions with a gradual reduction in the initial cost of the property. If during the established period no tenders took place at the very initial cost, then the next period begins in which the initial cost is reduced by a previously determined amount.

Bidding via public offer

At auctions and competitions, bidders, competing with each other for the purchase of property, increase the established initial price, stopping at the one for which they are willing to buy the item being auctioned. The struggle between the participants is manifested in a gradual increase in the final value of the property. WHERE DOES A PUBLIC OFFER START? In addition to auctions and competitions, when selling bankrupt property, a procedure such as the sale of property through a public offer is carried out.

There is also an initial cost, and participants also compete with each other by increasing the price for which they are willing to buy the property. However, in a public offering it is possible to start at a much lower price than the initial price. So, the bidding (auction or competition) held twice did not take place.

Sale of property through a public offering.

A sale through a public offer in which only one participant took part is considered invalid. 7. The applicant is not allowed to participate in the sale through a public offer on the following grounds: 1) the submitted documents do not confirm the applicant’s right to be a buyer in accordance with the legislation of the Russian Federation; 2) not all documents have been submitted in accordance with the list specified in the information message on the sale of state or municipal property, or the execution of these documents does not comply with the legislation of the Russian Federation; 3) the application for participation in the sale through a public offer was submitted by a person not authorized by the applicant to carry out such actions; 4) receipt of the deposit on the accounts specified in the information message within the established period is not confirmed. (pp.

Public offer. when the price goes down when selling.

Info

That is, in fact, “conducting auctions” can be considered the procedure for comparing the submitted price offers. In accordance with the new procedure for conducting auctions through a public offer, set out in clause 5.2. Order No. 495, all registered applications for participation in the auction are sent by the operator of the electronic platform to the auction organizer no later than thirty minutes after the end of the auction period.

Thus, the auction organizer can review received applications for participation in auctions through a public offer, identify bidders and compare price offers no earlier than the end of the first auction period. Therefore, the trading date can be considered the next day after the end of the first trading period.

Sale of property through public offering in bankruptcy proceedings

The provisions indicate the amount of reduction in the initial sale price of the property/lot and the period after which the specified initial price is successively reduced. 9.4. The initial price for the sale of property/lot through a public offering is set in the amount of the initial price specified in the notice of sale of the property/lot at a repeat auction. 9.5. The amount of reduction in the initial sale price of property is set at 14% (fourteen) percent of the initial sale price of property at auction through a public offering.
In this case, the period after which the sale price of property in accordance with this paragraph is successively reduced is 3 (three) working days. The price reduction is carried out before the bidding stage, the price for which is set at 2% of the initial sale price of the property at auction through a public offer (cut-off price).

Sales procedure

Before the entry into force of the amendments provided for by Law No. 432-FZ to the Federal Law of October 26, 2002 No. 127-FZ “On Insolvency (Bankruptcy)” (hereinafter referred to as the Bankruptcy Law), which amended clause 4, art. 139 of this law, the sale of the debtor’s property through a public offer provided for the recognition of the winner of the auction - the bidder who was the first to submit, within the prescribed period, an application for participation in the auction containing a proposal for the price of the debtor’s property, which is not lower than the initial sale price of the debtor’s property established for a certain period of holding bidding In fact, the nature of the public offer was analogous to the acceptance of an offer, by analogy with Art. 438 Civil Code of the Russian Federation. The debtor, represented by the auction organizer, offered an unlimited number of persons to purchase property at the price valid for a certain period of public offering.

The duration of acceptance of applications must be at least twenty-five days. One person is allowed to submit only one application. Recognition of applicants as participants in the sale through a public offer is carried out within five working days from the deadline for accepting applications. The sale through a public offer is carried out no later than the third working day from the date of recognition of applicants as participants in the sale through a public offer.

(clause 4 as amended by Federal Law dated June 29, 2015 N 180-FZ) (see text in the previous edition) 4.1. To participate in the sale through a public offer, the applicant makes a deposit in the amount of 20 percent of the initial price specified in the information message on the sale of state or municipal property. The document confirming receipt of the deposit to the account specified in the information message is an extract from this account. (P.
This term, related to an auction, is in demand when selling property through a public offer, since a situation may arise in which several participants simultaneously confirm the price of the initial offer or the offer price that has developed at one of the reduction steps. In this case, according to Part 5 of the commented article, an auction must be held with all participants in the sale, providing for an open form of submission of proposals on the price of the property. The initial price of property during an auction will be considered equal to the price of the initial offer or the offer that was formed at a certain step of reduction.

3. Paragraph 2 of the commented article determines the content of the information message about the sale through a public offer. In addition to the information discussed in Art.

Attention

Bankruptcy Law, according to which the deadline for submitting applications for participation in auctions must be no less than 25 working days from the date of publication and placement of a notice about the auction, as well as the obligation of the auction organizer to publish a message about the auction no later than 30 days before the date of the auction sale of property. This state of affairs led to the fact that the auction organizer could begin accepting applications in a public offer the next day after the publication of the announcement of the auction, receive the first application on the very first day, stop accepting applications and conclude a property purchase and sale agreement. Complaints about such actions by auction organizers have been repeatedly considered by both the courts and the Federal Antimonopoly Service.

However, often the courts did not find any violations in the actions of the auction organizer.
The information message about the sale through a public offer, along with the information provided for in Article 15 of this Federal Law, must contain the following information: 1) date, time and place of the sale through a public offer; 2) the amount of reduction in the price of the initial offer (“reduction step”), the amount of price increase in the case provided for by this Federal Law (“auction step”); 3) the minimum offer price at which state or municipal property can be sold (cut-off price). 3. The initial offer price is set not lower than the initial price specified in the information message about the sale of the property specified in paragraph 1 of this article at an auction that was declared invalid, and the cut-off price is 50 percent of the initial price of such an auction. 4.