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.
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.
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 bidding is scheduled through a public offer. 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 the sale of property of indebted individuals and legal entities is 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 public auctions 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.