What is a public offer. Sale by public offering

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 said property was declared invalid. At the same time, an information message about the sale through a public offer shall be placed in accordance with the procedure established by Article 15 of this Federal Law no later than three months from the date the auction was declared invalid.

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

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

2) the amount of the reduction in the price of the initial offer ("down step"), the amount of the 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 price of the initial offer shall not be lower than the initial price indicated in the information notice on the sale of the property specified in paragraph 1 of this article at an auction that was declared invalid, and the cut-off price shall be 50 percent of the initial price of such an auction.

4. The duration of the receipt of applications must be at least twenty-five days. One person has the right 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 date of the deadline for accepting applications. Sale by means of a public offer shall be carried out no later than the third working day from the date of recognition of applicants as participants in the sale by means of a public offer.

(see text in previous edition)

4.1. In order to participate in the sale through a public offer, the applicant shall make a deposit in the amount of 20 percent of the initial price indicated in the information notice on the sale of state or municipal property.

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

(see text in previous edition)

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

When selling through a public offer, the price of the initial offer is gradually reduced by a "step down" to the cut-off price.

Proposals for the acquisition of state or municipal property are announced by the participants in the sale by means of a public offer by raising their cards after the announcement of the price of the initial offer or the price of the offer formed at the corresponding "decrease step".

The right to acquire state or municipal property belongs to the participant in the sale through a public offer, which confirmed the price of the initial offer or the offer price established at the corresponding "decrease step", in the absence of proposals from other participants in the sale through a public offer.

In the event that several participants in the sale through a public offer confirm the price of the initial offer or the offer price established at one of the "steps of reduction", an auction is held with all participants in the sale through a public offer according to the auction rules established in accordance with this Federal Law, providing for an open the form for submitting proposals for the price of property. The initial price of the state or municipal property at such an auction is the price of the initial offer or the price of the offer established at the given "decrease step".

If the participants in such an auction do not submit proposals for a price exceeding the initial price of state or municipal property, the right to acquire it belongs to the auction participant who was the first to confirm the initial price of state or municipal property.

6. Sale by means of a public offer, in which only one participant took part, is recognized as failed.

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 law 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) an application for participation in the sale through a public offer has been submitted by a person who is not authorized by the applicant to carry out such actions;

4) admission to set time the deposit to the accounts indicated in the information message has not been confirmed.

8. The list of grounds for refusal of an applicant to participate in the sale by means of 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.

Federal Law No. 127-FZ of October 26, 2002 “On Insolvency (Bankruptcy)” regulates the grounds for declaring a debtor insolvent or bankrupt, measures taken by the state in the event of such circumstances and other relationships related to the debtor’s inability to fulfill its obligations to creditors. UPD: On July 22, 2015, the amendments regulating the process of holding an auction through a public offer came into force. Let us consider in more detail the situation when auctions are held to sell the debtor's property through a public offer.

Reasons for conducting this type of auction
According to current legislation Russian Federation, initially the debtor's property is put up for sale by bidding in the form of an auction. The following submission forms may be used:
1) open, implying holding open auction where the price of each submitted offer is visible to other participants;
2) closed, in which an offer is submitted along with the application for participation, its price is not disclosed until the start of the auction.

If the auction was declared invalid, a decision is made to re-conduct it, while the initial price is reduced by ten percent. If the repeated auction for the sale of property did not lead to the purchase of property and the signing of a sale and purchase agreement, auctions are held through a public offer. Thus, if, in accordance with Article 110 of the above Federal Law, the sale of property was not carried out, the auctions are held by submitting a public offer.

Bidding Definition and Procedure

A public offer is an auction for the sale of the debtor's property at a reduced price, which was not sold at the originally formed cost using the initial auction and its re-holding.

The procedure for bidding through a public offer:
1. The organizer announces the start of the auction and the starting price, which is equal to the price put up for the second auction
2. A period is also set, after which (if no proposals for the purchase of property have been submitted), the price of the lot is reduced by a certain percentage. All these data are indicated in the notice of the sale of the debtor's property and are made publicly available.
3. Bidding is held until an offer is received from a participant that meets all the requirements and its price is not lower than the required minimum. The winner is the participant who first submitted such an offer. After that, the acceptance of applications is closed, the auction is considered to have taken place. A contract of sale is signed with the winner.

It is worth noting that the main advantage of the buyer in conducting this kind of auction is the possibility of acquiring the property put up for sale at a reduced price, which can be much less than the originally declared value.

Who can be buyers of state property:

1. The buyers of state property can be any physical and legal entities, with the exception of state and municipal unitary enterprises, state and municipal institutions, as well as legal entities, authorized capital of which the share of the Russian Federation, constituent entities of the Russian Federation and municipalities exceeds 25 percent.

2. The restrictions on participation in civil relations of certain categories of individuals and legal entities established by federal laws in order to protect the foundations of the constitutional order, morality, health, rights and legitimate interests of other persons, to ensure the defense capability and security of the state are mandatory when privatizing state and municipal property.

3. open joint-stock companies, limited liability companies cannot be buyers of their shares, their shares in authorized capitals privatized in accordance with this Federal Law.

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

Documents submitted by buyers of state property

1. Application

Legal entities shall attach to the application:

• certified copies of constituent documents;
• a document containing information about the share of the Russian Federation, a constituent entity of the Russian Federation or municipality in the authorized capital of a legal entity (register of shareholders or an extract from it or a letter certified by the seal of the legal entity and signed by its head);
• a document that confirms the authority of the head of the legal entity to act on behalf of the legal entity (a copy of the decision on the appointment of this person or on his election) and in accordance with which the head of the legal entity has the right to act on behalf of the legal entity without a power of attorney;

Individuals shall attach to the application:

• an identity document or submit copies of all of its sheets.

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

2. If the applicant's representative acts on behalf of the applicant by proxy, the application must be accompanied by a power of attorney to act on behalf of the applicant, drawn up in the prescribed manner, or a notarized copy of such a power of attorney. If the power of attorney to act on behalf of the applicant is signed by a person authorized by the head of the legal entity, the application must also contain a document confirming the authority of this person.

3. An inventory of these documents (including each volume) is also attached.

4. To participate in the sale, the applicant makes a deposit in the amount of 20 percent of the initial price indicated in the information message on the sale.

The application and inventory are drawn up in two copies, one of which remains with the seller, the other - with the applicant.

One person has the right to submit only one application.

Applications received after the expiration of the acceptance period specified in the information message on the sale of property, together with inventories on which a note is made about the refusal to accept documents, are returned to the applicants or their authorized representatives against receipt.

Sale by public offering

The sale of property is carried out using an open form for submitting proposals for the acquisition of property within 1 business day within the framework of one procedure.

The "down step" is set at a fixed amount of no more than 10 percent of the initial offer price and does not change during the entire sale procedure.

The "auction step" is set at a fixed amount of no more than 5 percent of the "down step" and does not change during the entire sale procedure.

"Cut-off price" - the minimum price at which the property can be sold, is not more than 50 percent of the original offer.

After the announcement of the price of the initial offer, the participants are invited to declare this price by raising the issued cards, and in the absence of proposals for the initial price of the property, the presenters carry out a gradual reduction in the price by a "step down".

Proposals for the acquisition of property are made by the participants in the sale of property by raising their cards after the announcement of the price of the initial offer or the price of the offer formed at the corresponding "decrease step".

In the event that several participants in the sale of property confirm the price of the initial offer or the price of the offer established at one of the "steps of reduction", an auction is held for all participants in the sale of property according to the established rules for conducting an auction, providing for an open form for submitting proposals for the price of property.

The sale is recognized as failed:

• not a single application for participation in the sale was submitted, or none of the applicants was recognized as a participant in the sale of property;
• a decision was made to recognize only 1 applicant as a participant in the sale;
• after the minimum bid price (cut-off price) was announced three times, none of the participants raised a card.

The procedure for the return of the deposit

Persons who have baked a deposit to participate in the sale, the funds are returned in the following order:

• sales participants - within 5 calendar days from the date of summarizing the sale of property;
• applicants not admitted to participate in the sale of property - within 5 calendar days from the date of signing the protocol on the recognition of applicants as participants in the sale of property.

The deposit is non-refundable

• when the winner of the sale evades the conclusion of the contract of sale within the prescribed period.

Conclusion of a contract for the sale of property based on the results of the sale

Within 5 (five) working days from the date of summing up the results of the auction, a Purchase and Sale Agreement is concluded with the winner of the auction.

The deposit made by the winner of the sale is counted towards the payment for the acquired property.The funds to pay for the property are subject to transfer by the winner of the sale, in the amount and terms specified in the property sale and purchase agreement, but no later than 30 working days from the date of conclusion of the sale and purchase agreement.

If the winner of the sale of property evades or refuses to conclude a contract for the sale of property within the prescribed period, he loses the right to conclude the said contract.

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

If an agent or legal entities are involved, specified in paragraph three of clause 2 of these Regulations, the deposit of the winner who has lost the right to conclude a contract for the sale 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 the conclusion of the contract for the sale of property.

27. The responsibility of the buyer in the event of his refusal or evasion from paying for the property within the established time limits is provided for in accordance with the legislation of the Russian Federation in the contract for the sale of property.

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 summarizing the sale of property, is placed on the seller's website on the Internet.

Position
on organizing the sale of state or municipal property without declaring a 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. This Regulation determines the procedure for organizing the sale of property owned by the Russian Federation (hereinafter referred to as property) without declaring a price, summing up the results of the sale of property without declaring a price (hereinafter referred to as sale) and concluding a contract for the sale of property.

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

Organization of sale without announcement of the price land plots, objects of socio-cultural and municipal 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 organization of the sale of property is carried out 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 federal authorities executive power, which provides for military service (in relation to the released movable military property) (hereinafter referred to as the seller).

By decision of the Government of the Russian Federation, the organization of the sale of privatized federal property and (or) the performance of the functions of the 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) sets the deadline for accepting applications for the acquisition of property (the date and time of the beginning 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 on the sale of property on the Internet information and telecommunication network (hereinafter referred to as the Internet network) in accordance with the requirements established by the Federal Law

c) accepts applications of legal 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) keep records of applications and proposals for the purchase price of property by registering them in the manner prescribed by the seller;

e) notifies the applicant of the refusal to consider the application submitted by him and the offer on the price of acquiring property or of recognizing him as the buyer of property;

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

g) makes settlements with the buyer;

h) organizes the preparation and placement of an information message on 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 performs the necessary actions related to the transfer of ownership of it;

j) performs other functions stipulated by the Federal Law "On 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 as provided by the legislation of the Russian Federation.

II. The procedure for organizing the acceptance of applications and offers on the price of acquiring property

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

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

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

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

The application must contain the applicant's obligation to conclude a contract for the sale of property at the price offered by him.

The 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 bidder shall be indicated in figures and in words. If different prices are indicated in figures and in words, the price indicated in words is taken into account.

The applicant has the right to submit only one proposal for the purchase price of the property.

The application is also accompanied by documents according to the list specified in the information message, and an inventory of the attached documents in two copies, one of which remains with the seller, the other, with the seller's mark on acceptance of the application and the documents attached to it, with the applicant.

7. When accepting an application, the seller:

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

b) consider applications with documents attached to them for their compliance with the requirements of the legislation of the Russian Federation.

8. The seller refuses the applicant to accept the 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 executed in violation of the requirements established by the seller;

d) not all the documents provided for in the information message have been submitted, or they have been drawn up improperly;

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

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

The employee of the seller who accepts documents makes a note on the copy of the inventory of documents remaining with the applicant, indicating 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 receipt or by mail ( by registered mail).

9. Accepted bids and proposals for the price of acquiring property, the seller registers in the bid acceptance log, assigning a number to each bid and indicating the date and time of its receipt.

A registered bid is the offer (offer) of the applicant received by the seller, expressing his intention to consider himself to have concluded a contract for the sale of property with the seller at the acquisition price proposed by the applicant.

The applicant is not entitled to withdraw the registered application, unless otherwise provided by the legislation of the Russian Federation.

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

10. Based on the results of consideration of the submitted documents, the seller makes a separate decision on the consideration of proposals for the price of acquiring property for each registered application. The said decision is documented in a protocol on the results of the sale of property in the manner prescribed by these Regulations.

11. In order to determine the buyer of the property, the seller shall open the envelopes with proposals for the price of the acquisition of the property. When opening envelopes with proposals, applicants or their authorized representatives may be present.

d) information on the considered proposals on the price of acquiring 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. Notifications about the refusal to consider the offer submitted by the applicant on the price of acquiring property and about recognizing the applicant as the buyer of property shall be issued respectively to the applicants and the buyer or their authorized representatives against receipt on the day of summing up the results of the sale of property or sent to their address by registered mail on the next day after summarizing the sale of the property day.

15. If no application was registered within the period specified in the information message for accepting applications, or, based on the results of consideration of registered applications, not a single proposal for the price of acquiring property was accepted for consideration, the sale of property is recognized as failed, which is recorded in the protocol on the results of the sale of 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 for posting information about the auction determined by the Government of the Russian Federation, and also no later than a working day, following the day of summarizing the sale of property - on the seller's website on the Internet.

IV. The procedure for concluding a contract for the sale of property, payment for property and its transfer to the buyer

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

17. The contract for the sale of property must contain all the essential conditions provided for such contracts Civil Code of the Russian Federation, the Federal Law "On Privatization of State and Municipal Property" and other regulatory legal acts Russian Federation.

Funds in payment for the federal property being privatized in the amount of the purchase price proposed by the buyer are sent in the prescribed manner to federal budget to the account specified in the information message on the sale of property, within the time period specified in the property sale and purchase agreement, but no later than 30 working days from the date of its conclusion.

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

When selling property that is in state ownership of the constituent entities of the Russian Federation or municipal property, the procedure and terms for transferring funds as payment for the property being privatized to the budget of the constituent entity of the Russian Federation or to the local budget are determined in accordance with laws and other regulatory legal acts of the constituent entities of the Russian Federation or legal acts of local authorities.

If an installment plan is granted, payment for the property is carried out in accordance with the decision on the provision of installment plan.

The contract of sale provides for the payment of a penalty by the buyer in case of his evasion or refusal to pay for the property.

18. If the buyer evades from concluding a contract for the sale of property within the prescribed period, the buyer loses the right to conclude such an agreement. In this case, the sale of the property is recognized as failed.

19. The fact of payment for property is confirmed by an extract from the account indicated in the information message on 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 the installment payment for property.

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

When selling the assets of bankrupt persons, such a procedure is carried out as the sale of property through a public offer. As in the case of tenders 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 sale is carried out.

When are auctions held

A public offering is a way of selling the property of an indebted person at a discounted value. Such a procedure is initiated when the debtors' property remains unsold after the primary and repeated auctions. Accordingly, if the previous two auctions are recognized as failed, then auctions held with the help of a public offer are scheduled. Their main distinctive feature is a decrease in the price of an object through installed by the system time intervals. This allows participants in the process to acquire real estate, land and other property at the lowest possible cost.

There are 2 submission forms

According to the statistics of the Ministry of Economic Development, more than 90% of primary and repeated auctions fail. For this reason, the most common format for the sale of property of indebted individuals and legal entities is becoming 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 established period and offers a price higher than the initial sale price of the lot. When applying by several citizens, the right to acquire the property of the debtor passes to the participant who offered the maximum price for the item being sold. If two or more persons offer the same amount, the object is transferred to the one who first applied for participation. When the winner is determined, the acceptance of applications ends.

With regard to the purpose of holding public auctions, they are organized to satisfy creditor claims. The proceeds from the sale of things are used to pay off the debt that the former owner of the property has incurred to counterparties. At the stage of external management executive agency can completely sell the property and, at the expense of the money received, repay debts to creditors in order to restore the solvency of the debtor.