Repeated public offer for the sale of the debtor's property. Auction and sale through public offering: relationship between procedures

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 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 was 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 refusal 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 provided 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.

12. The buyer of the property is recognized as:

a) when accepting for consideration one proposal on the purchase price of property - the applicant who submitted this proposal;

b) when accepting several proposals for the purchase price of property for consideration - the bidder who offered the highest price for the property being sold;

c) when several identical proposals for the purchase price of property are accepted for consideration - the applicant whose application was registered earlier than others.

13. The protocol on the results of the sale of property must contain:

a) information about property;

b) the total number of registered applications;

c) information about refusals to consider proposals for the purchase price of property, indicating the applicants who submitted them and the reasons for the refusals;

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. A 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.

(see text in the previous edition)

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

The buyer wants to terminate the contract for the sale and purchase of the debtor’s property, concluded at auction

The applicant challenges the results of the auction for the sale of property of the debtor - citizen (IP)

The interested party wants to force the defendant to enter into an agreement for the assignment of rights (claims) based on the results of tenders or on the basis of a preliminary agreement

The applicant wants to approve the regulations on the procedure, conditions and timing of the sale of the property of the debtor - citizen (IP)

1. Within ten working days from the date of inclusion in the Unified Federal Register of Bankruptcy Information on the results of the inventory of the debtor’s property, the bankruptcy creditor or authorized body, if the amount of the bankruptcy creditor’s claim or the amount of the authorized body’s claim exceeds two percent of the total amount of claims of bankruptcy creditors and authorized bodies included in the register of creditors' claims, has the right to send to the bankruptcy trustee a request to engage an appraiser indicating the composition of the debtor's property in respect of which an assessment is required.

Information on the assessment report of the debtor's property specified in paragraph five of clause 5.1 of Article 110 of this Federal Law, accompanied by a copy of such assessment report in the form of an electronic document, is subject to inclusion by the bankruptcy trustee in the Unified Federal Register of Bankruptcy Information within two working days from the date of receipt copies of such assessment report in the form of an electronic document.

(see text in the previous edition)

A re-assessment of the debtor’s property, in respect of which a request for assessment in accordance with this paragraph has already been previously submitted, is carried out if bankruptcy creditors or authorized bodies assume the costs of its implementation.

(see text in the previous edition)

1.1. Within one month from the date of completion of the inventory of the debtor’s enterprise or the assessment of the debtor’s property (hereinafter in this article - the debtor’s property), if such an assessment was carried out at the request of a bankruptcy creditor or an authorized body in accordance with this Federal Law, the bankruptcy trustee presents to the meeting of creditors or to the creditors' committee for approval of their proposals on the procedure for selling the debtor's property, including information:

to be included in the notice of sale of the debtor's property in accordance with paragraph 10 of Article 110 of this Federal Law;

about the media and websites on the Internet, where it is proposed to respectively publish and post a message about the sale of the debtor’s property, about the timing of publication and placement of the said message;

about a specialized organization that is proposed to be involved as an organizer of the auction.

The procedure for the sale of the debtor's property may provide that if the debtor's property was not sold at the first auction, the debtor's property is subject to sale in parts, starting with a new first auction, while the calculation of the deadlines established for the sale of the debtor's property begins anew.

The procedure, terms and conditions for the sale of the debtor's property must be aimed at selling the debtor's property at the highest price and must ensure that the largest number of potential buyers are attracted to the auction.

If, within two months from the date the bankruptcy trustee submits a proposal to sell the debtor’s property to the meeting of creditors or the committee of creditors, the meeting of creditors or the committee of creditors does not also approve the proposal, which includes information about the composition of the debtor’s property, the timing of its sale, and the form bidding, about the conditions of the competition (if the sale of the debtor’s property in accordance with the legislation of the Russian Federation is carried out through a competition), about the form for submitting proposals for the price of the debtor’s property, about the initial price of its sale, about the media and sites on the Internet ", where it is proposed to respectively publish and place a message about the sale of the debtor's property, about the timing of publication and placement of the said message, the bankruptcy trustee, the bankruptcy creditor and (or) the authorized body, if the amount of accounts payable included in the register of creditors' claims to him is more than twenty percent of the total of the amount of accounts payable included in the register of creditors' claims, has the right to apply to the arbitration court with a petition to approve the procedure, terms and conditions for the sale of the debtor's property.

The ruling of the arbitration court on approval of the procedure, terms and conditions for the sale of the debtor's property may be appealed.

(see text in the previous edition)

2. If circumstances arise during bankruptcy proceedings in connection with which a change in the procedure, terms and (or) conditions for the sale of the debtor’s property is required, the bankruptcy trustee is obliged to submit corresponding proposals regarding such changes to the meeting of creditors or to the committee of creditors for approval.

3. After an inventory and assessment of the debtor’s property, the bankruptcy trustee begins to sell it. The sale of the debtor's property is carried out in the manner established by paragraphs 3 - 19 of Article 110 and paragraph 3 of Article 111 of this Federal Law, taking into account the specifics established by this article. The assessment of the debtor's property is carried out in the manner established by Article 130 of this Federal Law. Cash proceeds from the sale of the debtor's property are included in the debtor's property.

(see text in the previous edition)

4. If the repeated auction for the sale of the debtor’s property is declared invalid or the purchase and sale agreement was not concluded with its only participant, as well as in the event of failure to conclude a purchase and sale agreement based on the results of the repeated auction, the debtor’s property sold at the auction is subject to sale through a public offer .

When selling the debtor's property through a public offering, the auction notice, along with the information provided for in Article 110 of this Federal Law, indicates the amount of reduction in the initial sale price of the debtor's property and the period after which the specified initial price is successively reduced. In this case, the initial sale price of the debtor's property is set in the amount of the initial price indicated in the notice of sale of the debtor's property at a repeat auction.

The auction organizer's consideration of the submitted application for participation in the auction and the adoption of a decision on the admission of the applicant to participation in the auction are carried out in the manner established by Article 110 of this Federal Law.

If there is no application for participation in the auction within the established period containing a proposal for the price of the debtor's property, which is not lower than the established initial sale price of the debtor's property, the reduction in the initial sale price of the debtor's property is carried out within the time limits specified in the notice of the sale of the debtor's property through a public offer.

The right to acquire the debtor's property belongs to a participant in the auction for the sale of the debtor's property through a public offering, who submitted, 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 the auction, with the absence of proposals from other bidders for the sale of the debtor's property through a public offer.

(see text in the previous edition)

If several participants in the auction for the sale of the debtor's property through a public offer submitted within the established period of time applications containing different proposals for the price of the debtor's property, but not lower than the initial sale price of the debtor's property established for a certain period of the auction, the right to acquire the debtor's property belongs to the participant auction, which offered the maximum price for this property.

If several participants in the auction for the sale of the debtor's property through a public offer submitted within the established period of time applications containing equal proposals for the price of the debtor's property, but not lower than the initial sale price of the debtor's property established for a certain period of the auction, the right to acquire the debtor's property belongs to the participant tender, who was the first to submit an application within the established period for participation in the tender for the sale of the debtor's property through a public offer.

From the date of determining the winner of the auction for the sale of the debtor's property through a public offer, the acceptance of applications ceases.

5. The property of the debtor, the book value of which as of the last reporting date before the date of opening bankruptcy proceedings is less than one hundred thousand rubles, is sold in the manner established by the decision of the meeting of creditors or committee of creditors.

6. The provisions of this article do not apply to cases of sale of the debtor’s property, which is products manufactured by the debtor in the course of its business activities.

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 recognition as the winner of the auction - the bidder who was the first to submit an application for participation in the auction within the established period, 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. If in a certain period no one “accepted the offer” at the agreed price, then the price was successively reduced either until at least one person expressed a desire to purchase the property, or when the price was reduced to the so-called “cut-off price”. At the same time, from the date of determining the winner of the auction for the sale of the debtor's property through a public offer, the acceptance of applications ceased.

Despite the fact that the Bankruptcy Law operates with the concept of “tendering”, in relation to a public offer, nevertheless, in its meaning, the public offer was not a tender. The concept of “bidding” as a method of concluding an agreement is not clearly defined in Art. 447 Civil Code of the Russian Federation. Nevertheless, it is possible to identify the main features of this form of sale of the debtor’s property as “bidding”. When conducting open bidding, two basic features are: attracting the maximum number of participants and competition of price offers, which allows you to sell the property with maximum benefit. As for the public offer, before the relevant amendments came into force, the public offer did not satisfy either the first or second criteria. The maximum number of participants did not make sense, since the contract was concluded with the participant who submitted the application first. For the same reason, it was pointless to talk about competition in price offers, since the contract was concluded at the property offer price predetermined by the auction organizer.

This opinion was confirmed by judicial practice, according to which it was indicated that there was no the need to apply paragraph 9 of Article 110 of the Bankruptcy Law in order to attract as many buyers as possible to obtain the maximum result, since in this case the total number of applications does not matter. At the same time, it was also confirmed that the sale of property through a public offering is not a sale at auction within the meaning of Article 447 of the Civil Code of the Russian Federation and paragraph 5 of Article 110 of the Bankruptcy Law.

Before the amendments to the Bankruptcy Law, there was a practice according to which a number of requirements for the bidding procedure through a public offer, provided for by the Bankruptcy Law, were not applied, which led to a violation of the rights of bidders and placed them in unequal conditions. In particular, the courts did not apply the provisions of paragraph. 11, paragraph 8, art. 110 and the provisions of paragraph 9, art. 110 of the 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 posting of a notice of the auction, as well as the obligation of the auction organizer to publish a message no later than 30 days before the date of the auction on the 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. In particular, the courts indicated, What In a sale through a public offering, the period of validity of the offer is critical. Otherwise, publication of a notice of a public offer no later than thirty days before the date of its placement will lead to an unreasonable delay in the bankruptcy proceedings and an increase in related costs. Federal Law of October 26, 2002 N 127-FZ “On Insolvency (Bankruptcy)” in bankruptcy proceedings does not establish a 30-day period for posting a notice of the sale of the debtor’s property through a public offering.

It was also impossible to define the concept of “tendering” in a public offer. And as a consequence, apply the provisions of clause 9, art. 110 of the Bankruptcy Law, about no less than 30 days of publication before the date of the auction and determine the deadline for accepting applications at least 25 business days from the date of publication of the announcement of the auction, since the acceptance of applications could be completed at any time.

In fact, the situation changed radically with the adoption of Law No. 432-FZ, which amended clause 4, art. 139 of the Bankruptcy Law, according to which in the event that several participants in the auction for the sale of the debtor's property through a public offer submitted within the established period of time applications containing different proposals for the price of the debtor's property, but not lower than the initial sale price of the debtor's property established for a certain period of the auction, the right to acquire the debtor's property belongs to the participant auction, which offered the maximum price for this property. We can say that this state of affairs has changed the nature of the public offer, equating it with bidding, since this interpretation of determining the winner contains the basic features of bidding: attracting the maximum number of participants in order to obtain the maximum price offer and competition of price offers.

In connection with the change in this order, it is necessary to take into account that all of the above practices will most likely be revised in the opposite direction. Thus, observing the period of at least 25 working days for the possibility of filing an application for participation in the auction (paragraph 11, clause 8, article 110 of the Bankruptcy Law) already has a completely clear meaning: ensuring the opportunity to submit an application for participation in the auction to the maximum possible number interested parties. As well as the period of 30 days from the date of publication of the auction notice, provided for in clause 9, art. 110 of the Bankruptcy Law. The specified deadlines, as in the case of bidding in the form of an auction, are aimed, first of all, at the applicant’s ability to carry out the necessary procedures for registration on the electronic platform, familiarize himself with the property and submit an application. A formal approach to meeting the deadline of 25 working days for filing an application may be that in the first period of the public offer the deadline for accepting applications can be defined as a period of at least 25 working days.

The question of the understanding of the term “trading” in a public offering in accordance with the new procedure remains unclear. Understanding this term is important when determining the period for publication of a tender message at least 30 days before the date of the tender. However, here we can turn to analogies. According to para. 5, paragraph 13, art. 110 of the Bankruptcy Law, when conducting auctions with a closed form for submitting price proposals, the auction organizer publicly announces the price proposals submitted by the auction participants on the day, time and place specified in the notice of the auction. The auction organizer reviews bidders' price proposals and determines the winner of the auction. There is often an opinion that “conducting tenders” is a lengthy procedure. However, if we determine the point in time when it is possible to “conduct” trading, then we can assume that “conducting trading” has a certain time frame. Both in an auction with a closed form for submitting price proposals, and in a public offer. Until the bidders are identified, it is impossible to conduct the auction. Just as it is impossible to conduct them until the public announcement of price offers and their comparison. 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.

It should be noted that the applicant can apply for participation in the tender within the “fixed deadline”, which actually means any time interval within the “fixed deadline” when bids are invited. Therefore, a situation in which this period can be shortened, or the results of the auction can be summed up before the end of the “established period” is unacceptable. In contrast to the previous procedure for summing up the results of a public offer, when the results of the auction could be summed up at any time.

In conclusion, it should be noted that the provisions of paragraph. 5, clause 6.1.3. Order No. 495 put an end to the debate regarding the issue of selecting the winner of the auction through a public offer based on the receipt of all applications during all periods of the public offer or based on applications received during a certain period of the public offer. Order No. 495 established that applications for participation in the auction received during a certain period of the auction are considered only after consideration of applications for participation in the auction received during the previous period of the auction, if based on the results of consideration of such applications the winner of the auction is not determined.

When selling the assets of bankrupt persons, a procedure is carried out such as the sale of property through a public offering. As with competitions or auctions, participants in the process compete with each other by increasing the price for which they are willing to purchase a particular object. However, in this case, you can start the fight with a much smaller amount compared to the original cost of the item being sold. Let's consider what public offers for the sale of debtors' property are and how the implementation is carried out.

When are the auctions held?

A public offering is a method of selling the property of a person indebted to creditors at a reduced value. This procedure is initiated when the debtors’ property remains unsold after initial and repeated auctions. Accordingly, if the previous two auctions are declared invalid, then auctions conducted through a public offer are scheduled. Their main distinguishing feature is the reduction in the price of the object at time intervals established by the system. This allows participants in the process to purchase real estate, land and other property at the lowest possible cost.

There are 2 forms for submitting proposals

According to statistics from the Ministry of Economic Development, more than 90% of initial and repeat trades fail. For this reason, the most common format for selling the property of indebted individuals and legal entities is becoming a public offer. This procedure differs from standard auctions in that at certain intervals the price of the object being sold does not increase, but decreases. At the same time, the amounts are sometimes reduced even by tens of millions of rubles.

The winner of a public auction is the one who declares participation in the process within the prescribed period and offers a price higher than the original sale price of the lot. When several citizens submit applications, the right to acquire the debtor's property passes to the participant who offered the maximum price for the item being sold. If two or more people bid the same amount, the item is awarded to the first bidder. When the winner is determined, applications close.

As for the purpose of holding public auctions, they are organized to satisfy creditor requirements. The proceeds from the sale of items are used to pay off debts incurred by the former owner of the property to contractors. At the stage of external management, the executive body can completely sell the property and, using the money received, repay debts to creditors in order to restore the solvency of the debtor.

When holding an auction at the stage of bankruptcy proceedings, the manager’s task is to settle payments with counterparties after the debtor has been declared bankrupt.