ORDER OF THE MINISTRY OF ECOLOGY AND NATURAL RESOURCES OF UKRAINE

of August 29, 2013 No. 375

About approval of the Procedure for the organization of holding auctions in bankruptcy proceeding and requirements to their organizers concerning property of the state companies and companies in which authorized capital the share of state-owned property exceeds fifty percent

According to part three of article 49 of the Law of Ukraine "About recovery of solvency of the debtor or recognition by his bankrupt", the Regulations on the Ministry of Ecology and Natural Resources of Ukraine approved by the Presidential decree of Ukraine of April 13, 2011 No. 452, I ORDER:

1. Approve the Procedure for the organization of holding auctions in bankruptcy proceeding and requirements to their organizers concerning property of the state companies and companies in which authorized capital the share of state-owned property exceeds fifty percent which is applied.

2. To legal department (Buchko V. A.) submit this order on state registration according to the Presidential decree of Ukraine of October 03, 1992 to No. 493 "About state registration of regulatory legal acts of the ministries and other executive bodies".

3. This order becomes effective from the date of its official publication.

4. To impose control over the implementation of this order on the First Deputy Minister Romanov M. I.

Approved by the Order of the Ministry of Ecology and Natural Resources of Ukraine of August 29, 2013, No. 375

Procedure for the organization of holding auctions in bankruptcy proceeding and requirements to their organizers concerning property of the state companies and companies in which authorized capital the share of state-owned property exceeds fifty percent

1. This Procedure establishes the procedure of determination, approval of Ministry for Protection of the Environment and Natural Resources of Ukraine, the central executive bodies which activities go and koodinirutsya by the Cabinet of Ministers of Ukraine through the Minister of Ecology and Natural Resources of Ukraine (further - TsOIV), candidates for the organizer of auction during the organization of holding auctions in bankruptcy proceeding and requirements to them concerning property of the state companies which belong to the sphere of management of Ministry for Protection of the Environment and Natural Resources of Ukraine and TsOIV, and the companies in which authorized capital the share of state-owned property exceeds fifty percent, authority on management of corporate laws of the state concerning which is performed by Ministry for Protection of the Environment and Natural Resources of Ukraine and TsOIV (further - the debtor).

2. The powers of Ministry for Protection of the Environment and Natural Resources of Ukraine and TsOOV determined by this Procedure perform the structural divisions responsible for ensuring accomplishment of Ministry for Protection of the Environment and Natural Resources of Ukraine and TsOIV of powers of governing body of objects of state-owned property.

3. Customer of auction is the managing director of sanitation or the liquidator appointed on the case of the bankruptcy of the debtor economic court according to the procedure established by the Law of Ukraine "About recovery of solvency of the debtor or recognition by his bankrupt" (further - the Law).

4. The organizer of auction is determined by the customer in coordination with Ministry for Protection of the Environment and Natural Resources of Ukraine or TsOIV if control of objects of state-owned property is exercised by TsOIV.

In the liquidating procedure the liquidator has the right to independently hold the auction at auction according to part two of article 44 of the Law or to attract based on the agreement on holding the auction of the organizer of auction.

5. The organizer of auction shall meet such requirements:

be the legal entity registered in the procedure established by the law who has the right to perform sale of property by holding the auction;

experience of holding auctions at least three years;

availability of technical capabilities for ensuring sale of property of the debtor by holding the auction (taking into account type and features of property which is subject to sale).

The interested person concerning the debtor, creditors and the customer of auction cannot be the organizer of auction.

6. For the purpose of determination of candidates for organizers of auction the customer not later than in three months prior to date of auction sends Ministry for Protection of the Environment and Natural Resources of Ukraine or TsOIV for placement on its official website and posts the announcement which shall contain such data on the official website of the debtor:

requirements to the candidate for the organizer of auction;

acceptance deadline from candidates of statements and documents which confirm their compliance to the established requirements;

information on the debtor whose sale of property will be performed at auction;

the characteristic of property of the debtor which sale will be performed at auction, indicating the need of availability at the organizer of this auction of technical capabilities for its carrying out;

the text of the draft agreement about holding the auction with indication of the main essential terms of the contract (except condition about the amount of remuneration and information on the organizer of auction);

the postal address to which the application and documents confirming compliance of candidates to the established requirements are filed;

contact telephone numbers for reference.

Placement on the official website of Ministry for Protection of the Environment and Natural Resources of Ukraine or TsOIV of the announcement for determination of candidates for the organizer of auction is performed within five days from the date of its receipt in Ministry for Protection of the Environment and Natural Resources or TsOIV.

7. For determination by the organizer of auction of the candidate give to the customer of auction in time and to the postal address, provided in the announcement posted on official websites by Ministry for Protection of the Environment and Natural Resources of Ukraine or TsOIV and the debtor, such documents:

the statement for accomplishment of functions of the organizer of auction with indication of data on the candidate for the organizer of auction (full name of the legal entity, code on EGRPOU, form of business, the location of the legal entity, phone number and other means of communication, and also surname, name, middle name and registration number of accounting card of the taxpayer (or data on series and passport number - for physical persons which because of the religious beliefs refused adoption of registration number of accounting card of the taxpayer and reported about it to relevant organ of the State Tax Service and have mark in the passport) person who is authorized to represent the legal entity in legal relationship with the third parties and has the right to make actions on behalf of the legal entity, including to sign agreements), and also offers concerning the amount of remuneration for holding the auction;

the copies of constituent or other documents certified in accordance with the established procedure according to which the applicant has the right to hold auctions;

the reference signed by the head of the legal entity which confirms technical capabilities of the applicant for ensuring sale of property of the debtor by holding the auction (in case of specifying of such requirement in the announcement concerning determination of candidates for the organizer of auction);

the reference signed by the head of the legal entity which contains list of the auctions held by the applicant, for confirmation of its experience in this sphere at least three years.

8. In case of representation of incomplete set of documents, or submission of documents with violation of the requirements provided in Item 7 of this Procedure, or submission of documents after the established deadline, or submission of false information the statement for accomplishment of functions of the organizer of auction remains without consideration what the customer the letter reports to the applicant about.

9. In case of receipt of two and more statements of candidates which meet the requirements established by this Procedure of accomplishment of functions of the organizer of auction the customer in five-day time from the last day of submission of such statements makes competitive selection and determines the winner taking into account such indicators:

work experience and technical capabilities (taking into account type and features of property which is subject to sale) on providing the organization of sale of property;

offers concerning the amount of remuneration for holding the auction.

10. If in time and to the postal address, provided in the announcement posted on official websites by Ministry for Protection of the Environment and Natural Resources of Ukraine or TsOIV and the debtor any statement for accomplishment of functions of the organizer of auction did not arrive, the customer of auction repeatedly according to the procedure and term, stipulated in Item 6 this About, sends to Ministry for Protection of the Environment and Natural Resources of Ukraine or TsOIV for placement on its official website and posts on the official website of the debtor the announcement for identification of candidates for the organizer of auction.

11. The customer after determination of the candidate for the organizer which meets the requirements stipulated in Item 5 this About, addresses to Ministry for Protection of the Environment and Natural Resources of Ukraine or TsOIV for its approval.

Documents based on which such candidate, and the draft agreement about holding the auction was determined join the address of the customer about approval of candidate for the organizer of auction.

12. By result of consideration of the documents filed by the customer concerning approval of candidate for the organizer of auction and verification of the draft agreement regarding its compliance to requirements of the legislation in the field of recovery of solvency of the debtor or recognition by his bankrupt of Ministry for Protection of the Environment and Natural Resources of Ukraine or TsOIV in five-day time from the date of their receipt makes the decision on holding the auction about:

approval of candidate for the organizer of auction;

variation of the candidate for the organizer of auction.

For the purpose of receipt of the additional information concerning the candidate for the organizer of auction or verification of the information of Ministry for Protection of the Environment and Natural Resources of Ukraine or TsOIV provided by it prolongs term for decision making, but no more than for ten days about what reports to the customer of auction.

13. The letter reports about the made decision of Ministry for Protection of the Environment and Natural Resources of Ukraine or TsOIV to the customer of auction.

14. In case of acceptance of Ministry for Protection of the Environment and Natural Resources of Ukraine or TsOIV of the decision on variation of the candidate for the organizer of auction which was determined by carrying out competitive selection the customer repeatedly makes competitive selection among candidates which submitted applications and documents confirming their compliance to the established requirements and addresses to Ministry for Protection of the Environment and Natural Resources of Ukraine or TsOIV for review of the candidate.

15. The customer signs the agreement on holding the auction from Ukraine approved by Ministry for Protection of the Environment and Natural Resources or TsOIV by the candidate for the organizer of auction with observance of the requirements established by the Law.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info