The property is pledged by a deposit insurance agency. Notification of the bidding. Specifics of Selling Certain Types of Property of Credit Institutions
Date: 11.07.2018
State Corporation "Deposit Insurance Agency" (109240, Moscow, Vysotskiy st., 4, e-mail address:) (hereinafter referred to as the Bidding Organizer), which is based on the decision of the Moscow Arbitration Court dated September 21, 2016 No. in case No. А40-148779 / 16-124-252B by the bankruptcy commissioner (liquidator) Limited Liability Company PCRB Bank (PCRB Bank LLC, registration address: 119454, Moscow, Lobachevsky st., 27, INN 7701138419, OGRN 1027739125303 ) (hereinafter referred to as the financial institution), conducts electronic trading in the form of an open auction with a closed form for submitting bids at the purchase price of the property of a financial institution (hereinafter referred to as the Bidding).
The subject of Trading is securities:
(the size of the share in the authorized capital is indicated in brackets) - the initial selling price of the lot
Lot 1 - Shares of JSC "National Bureau of Credit Histories", INN 7703548386, reg. number 1-01-10567-A, face value - 100 rubles, 6 300 pcs. (0.64%), Moscow - 18,699,290.40 rubles.
Detailed information on the composition of the lot of a financial institution can be found on the websites of the Trading Organizer www.torgiasv.ru, as well as in the sections “Liquidation of Banks” and “Sale of Property”.
Bargaining property of a financial institution will be held at 14:00 Moscow time August 27, 2018 www.centerr.ru. If, based on the results of the Bidding scheduled for August 27, 2018, the lot is not sold, then at 14:00 Moscow time October 16, 2018 on the electronic site of LLC "Realization Center" - www.centerr.ru repeated trades an unrealized lot with a decrease in the initial price of the lot by 10 (Ten) percent.
The operator of the electronic site LLC "Realization Center" - www.centerr.ru (hereinafter - the Operator) ensures the Bidding.
The Operator accepts applications and offers on the purchase price of the property of a financial institution for participation in the first Auction starts at 00:00 Moscow time on July 18, 2018, and for participation in repeated Auction starts at 00:00 Moscow time on September 6, 2018 Acceptance of applications for participation in the Auction and advance deposits shall be terminated at 14:00 Moscow time 5 (Five) calendar days prior to the date of the relevant Auction.
On the basis of clause 4 of Art. 139 of the Federal Law No. 127-FZ "On Insolvency (Bankruptcy)", the property of a financial institution not sold at repeated auctions is put up for auction in electronic form through a public offer (hereinafter referred to as the RFP Auction).
PPP Bidding will be held at the electronic site of LLC "Realization Center" - www.centerr.ru from December 4, 2018 to January 22, 2019
Applications for participation in the RFP Auction are accepted by the Operator, starting from 00:00 Moscow time on October 29, 2018. Acceptance of applications for participation in the RFP Auction and advance deposits shall be terminated 5 (Five) calendar days before the end date of the corresponding period for lowering the lot sale price in 14:00 Moscow time.
If there are applications for participation in the RFP Auction, the Bid Organizer determines the winner of the RFP Auction not earlier than 14:00 Moscow time on the first business day following the day of the end of acceptance of applications for the corresponding period of the lot sale price decrease, and no later than 18:00 Moscow time. time of the last day of the corresponding period of decrease in the selling price of the lot.
The Operator ensures the implementation of the RFP Trading.
The initial selling prices for a lot are set as follows:
from December 11, 2018 to December 17, 2018 - in the amount of 98.00% of the initial selling price of the lot;
from December 18, 2018 to December 24, 2018 - in the amount of 96.00% of the initial selling price of the lot;
from December 25, 2018 to December 31, 2018 - in the amount of 94.00% of the initial selling price of the lot;
Individuals and legal entities (hereinafter referred to as the Applicant) registered in accordance with the established procedure on the electronic platform of LLC "Center for Realization" - www.centerr.ru, are allowed to participate in the Bidding and Bidding of the PPP. To participate in the Bidding and the RFP Bidding, the Applicant submits to the Operator an application for participation in the Bidding (RFP Bidding).
An application for participation in the Bidding (RFP Bidding) must contain: name, organizational and legal form, location, postal address (for a legal entity), last name, first name, patronymic, passport data, information about the place of residence (for an individual), number contact phone number, e-mail address, information about the presence or absence of the Applicant's interest in relation to the debtor, creditors, the liquidator (liquidator) and the nature of this interest, information about the participation of the liquidator (liquidator) in the applicant's capital, a proposal on the price of the property.
To participate in the Bidding (RFP Bidding), the Applicant submits to the Operator in electronic form a deposit agreement signed by the electronic signature of the Applicant. The applicant is obliged, within the time period specified in this message, and in accordance with the deposit agreement to pay the deposit by transferring funds to the account for crediting the deposits of the Organizer of the auction: the payee is the State Corporation "Deposit Insurance Agency", TIN 7708514824, KPP 770901001, settlement account 40503810845250002051 with the Central Administration of the Bank of Russia for the Central Federal District, Moscow 35, BIK 044525000. The purpose of payment must indicate the name of the financial organization , the name of the Applicant, the date of the Bidding (the period of the RFP Bidding), for participation in which a deposit is paid, the lot number. The applicant has the right to send a deposit according to the above details without submitting a signed agreement on the payment of the deposit. In this case, the transfer of the deposit by the Applicant is deemed to be an acceptance of the deposit agreement posted on the electronic platform.
The deposit for participation in the Bidding is 10 (ten) percent of the initial price of the lot. The deposit for participation in the RFP Bidding is 10 (Ten) percent of the initial selling price of the lot for the period. The date of making the deposit is the date of receipt of the funds transferred as a deposit to the account of the Organizer of the auction.
The draft agreement concluded based on the results of the Auction (PPP Auction) (hereinafter referred to as the Agreement) and the deposit agreement can be found on the electronic site of LLC "Realization Center" - www.centerr.ru.
The Applicant has the right to change or withdraw the application for participation in the Bidding (RFP Bidding) no later than the deadline for submitting applications for participation in the Bidding (RFP Bidding), by sending a notification to the Operator.
The organizer of the auction considers the applications submitted by the Applicants to the Operator with the documents attached thereto, establishes the fact of receipt of the deposits to the account of the Organizer of the auction within the period specified in this message, and, based on the results, makes a decision on the admission or refusal of the applicant's admission to participation in the Auction (RFP Auction). Failure to receive the deposit to the account of the Trading Organizer specified in this message, or the receipt of the deposit after the expiration of the period specified in this message, or the receipt of the deposit in an amount less than that established in this message, are grounds for refusing to admit the Applicant to participate in the Trading ( Bidding PPP). Applicants admitted to participation in the Bidding (RFP Bidding) are recognized as participants in the Bidding (RFP Bidding) (hereinafter referred to as the Participants). The Operator sends to all Applicants notifications of their recognition as Participants or of refusal to recognize them as Participants.
If two or more Participants have offered an equal price per lot, but not lower than the initial selling price of the lot, the Participant who has submitted an application for participation in the Auction earlier than other specified Participants is recognized as the Winner.
The results of the Bidding are documented in a protocol on the results of the Bidding on the day of the Bidding. The protocol on the results of the Bidding, approved by the Organizer of the Bidding, is posted on the electronic site of LLC "Center for Implementation" - www.centerr.ru.
Winner of the RFP Bid(hereinafter also referred to as the Winner) is a Participant who has submitted, within the specified time period, an application for participation in the RFP Bidding, containing an offer on the price of the property of a financial organization, but not lower than the initial sale price of the property established for a certain period of the RFP Bidding, in the absence of proposals from other Participants ...
In the event that several Participants submitted bids within the specified time period containing various proposals for the price of the property of a financial institution, but not lower than the initial sale price of the property established for a certain period of the RFP Bidding, the right to purchase the property belongs to the Participant who offered the maximum price for this property.
In the event that several Participants submitted bids within the specified time period containing equal offers for the property price, but not lower than the initial sale price of the property established for a certain period of the RFP Bidding, the right to acquire the property belongs to the Participant who was the first to submit an application for participation within the specified time period. in Bidding RFP.
From the date of determination of the Winner of the RFP Bidding for each lot, the acceptance of applications for the corresponding lot is terminated. The protocol on the results of the Bidding PPP, approved by the Organizer of the Bidding, is posted on the electronic site of LLC "Realization Center" - www.centerr.ru.
Within 5 (Five) days from the date of signing the protocol on the results of the Bidding (RFP Bidding), the Organizer of the Auction shall send the Winner to the e-mail address specified in the application for participation in the Bidding (RFP Bidding) a proposal to conclude an Agreement with a draft Agreement attached.
The Winner is obliged, within 5 (Five) days from the date of sending to his e-mail address specified in the application for participation in the Bidding (RFP Bidding), the proposal to conclude the Agreement and the draft Agreement, to sign the Agreement and no later than 2 (Two) days from the date of signing send it to the Bidding Organizer. The Winner is obliged to immediately notify the Organizer of the Bidding about the fact of signing the Agreement. Failure to sign the Agreement within 5 (Five) days from the date of its sending to the Winner means the Winner's refusal (evasion) to conclude the Agreement. The amount of the deposit made by the Winner is counted towards the price of the purchased lot.
The Winner is obliged to pay the seller within 30 (Thirty) days from the date of conclusion of the Agreement the sale price of the lot determined at the Bidding (RFP Bidding) minus the previously made deposit for the following details: payee - State Corporation "Deposit Insurance Agency", TIN 7708514824, KPP 770901001, settlement account 40503810145250003051 with the Central Administration of the Bank of Russia for the Central Federal District, Moscow 35, BIK 044525000. The purpose of payment must indicate the name of the financial organization and the Winner, the details of the Agreement, lot number and date of the Auction (the period of the RFP Auction). In the event that the Winner does not fulfill his obligations specified in this message, the Bidding Organizer and the seller are released from all obligations related to the Bidding (RFP Bidding), with the conclusion of the Agreement, the deposit made by the Winner is not returned to him, and the Bidding (RFP Bidding) are recognized as invalid.
The official site of the DIA is an Internet resource that allows you to get acquainted with the full completeness of information regarding the activities of the Deposit Insurance Agency, which has existed since 2004.
Among other things, the website provides information related to such an issue as the liquidation of banks. You can go to the necessary materials through the corresponding tab of the main menu or by the link provided at the top of the site above the search bar. By the way, the search bar can also be useful for acquaintance with the necessary materials.
In the section "Liquidation of banks" of the DIA, the official website allows you to familiarize yourself with the details of the agency for repayment of debt on loans of liquidated banks. It also contains information on changing the schedule for accepting cash to pay off debts on the pre-holiday days.
DIA official website - Bank liquidation Also here are the forms of bank liquidation documents. Among them are the form of the creditor's claim, the approximate text of the power of attorney to represent the interests of the creditor in the course of bankruptcy proceedings (liquidation) of the bank, the approximate form of the client's (depositor's) application for the transfer of securities to another depository / registrar, the application for participation in the auction, the application of interest in the acquisition property, an offer at the purchase price of the lot, a power of attorney for participation in a meeting of creditors for an individual and a legal entity, an application for termination of the contract and closing an account, a form for submitting bank details for transferring funds as part of settlements with creditors, as well as an application for payment of wages for bank employees.
Among other things, the DIA official website has information on loan repayment for borrowers. Here you can familiarize yourself with the name of the bank, a link to the publication with the bank's details, as well as contact persons on issues related to the repayment of the loan.
The section "Liquidation of banks" also provides answers to questions regarding what creditors of a bankrupt bank should know, as well as what a lender should know if the bank has gone bankrupt, and a borrower after revoking the bank's license.
In addition, the official site allows you to get acquainted with the answers to questions regarding the moratorium, satisfaction of creditors' claims, meetings (committees) of creditors. It also contains information for depositors on the procedure for making payments from the Bank of Russia, as well as information on the procedure for closing an account in a bank in liquidation.
Bank Liquidation - Questions and Answers DIA official website liquidation of banks - this is also general information on the activities of the Deposit Insurance Agency, relating to the liquidation of banks. Thus, according to Federal Laws No. 395-1 "On Banks and Banking Activities" dated 02.12.1990 and No. 127-FZ "On Insolvency (Bankruptcy)" dated 26.10.2002, the DIA is in charge of managing bankruptcy (liquidation) procedures for credit institutions.
The agency is appointed as a bankruptcy commissioner (liquidator) in case of bankruptcy of absent credit institutions-debtors, in case of removal of a bankruptcy commissioner - an individual, and also if the credit institution had a license from the Bank of Russia to raise funds for deposits of individuals.
Federal Law "On Insolvency (Bankruptcy)" dated 26.10.2002 N 127-FZ The DIA is entrusted with solving the tasks of establishing and settling the claims of creditors, forming the bankruptcy estate, ensuring the safety of the property of a liquidated credit institution, carrying out settlements with creditors, and identifying the circumstances of bankruptcy.
The DIA exercises the powers of the bankruptcy commissioner (liquidator) through its representatives, who act on the basis of a power of attorney, in accordance with instructions from the Deposit Insurance Agency on behalf of the liquidated credit institution.
The official website of the DIA also allows you to get acquainted with the list of banks, the liquidation procedures for which are in the process, as well as the list of banks, the liquidation of which has been completed.
Bank Liquidation - Lists By choosing a specific bank from the list, you can get more complete information on it. Here you can also find information about liquidation, insured event, as well as loan repayment and details.
In addition to materials related to such an issue as liquidation of banks, the DIA's official website also has a number of other useful materials related to insurance and liquidation, and other issues related to the activities of the Deposit Insurance Agency.
The Deposit Insurance Agency has laid out for the auction the rights of claim on the debts of more than 6 thousand clients of bankrupt banks. Almost all debts are discounted: somewhere it reaches only a few percent, but you can buy a ten-million-dollar debt for several thousand. As noted in the agency, the borrower himself can buy them: anyone who wishes has the right to participate in the auction.
DIA launched a website similar to Avito.ru at the end of 2015. Through him, the agency sells property left over from liquidated banks: from land plots, shares and apartments to computer mice and office chairs. More than 10 thousand lots in total. The cost of all property exhibited at the site is estimated at 150-200 billion rubles.
The volume of what is being sold is not decreasing: the clearing of the banking sector by the Central Bank brings more and more victims to the DIA. Currently, the agency is liquidating about three hundred banks and three dozen non-state pension funds. Their total assets are 3 trillion rubles. At the same time, the debts of citizens and companies account for two-thirds of the total amount in this share, and the rest is real estate, office and banking equipment, furniture, cars.
Previously, the site was mainly represented by furniture and real estate, and sometimes at quite ridiculous prices. Last year, you could buy a leather sofa for 37 rubles or a glass rack for 25 rubles. True, self-pickup from Sakhalin Island - it was there that the branch of Vneshprombank was located, whose property went under the hammer. Currently, you can buy a computer mouse for 64 rubles or a keyboard for 94 rubles 50 kopecks. True, you will have to follow them to the Stavropol Territory. And you can also buy intellectual property - for example, the logo of the bankrupt AF Bank for 360 rubles.
Now debts have appeared on the site. While we are talking about several thousand debtors. Among them are very different people, but there are also debts of the top management of bankrupt banks. For example, the chairman of the board of the former "Mira-Bank" Tatyana Nikolaeva. Her debt of 30 thousand euros is sold for only 87 thousand rubles.
The DIA's press service did not answer Life's questions about whether this practice will continue and how much of the total debts of individuals will be put up for sale. Collection agencies point out that they are not interested in buying debts on the site.
Professional collectors are not ready to buy all debts. Most of the large collection agencies are technologically tailored for the "conveyor" work with large debt portfolios, - says Boris Voronin, director of the National Association of Collection Agencies. - Not everyone is engaged in individual work with individual debts, especially from private creditors, the cost of such collection is much higher than when working with debt portfolios. In addition, before a purchase, collectors always assess the quality of debts, the possibility of collection. About a third of transactions between banks and collection agencies remain open: recoverers are not ready to buy debt portfolios for which information is insufficiently disclosed, or if the portfolio is generally of poor quality. Most likely, these debts put up for sale are practically hopeless, and therefore are sold for a low cost.
However, they may be of interest to the debtors themselves: the fact is that there is a chance that from next year, which is still inviolable for claimants. It is not difficult to buy debt: anyone can register on the DIA website. To participate in the auction, you need to make a deposit of 10% of its initial cost. In the future, this money will be returned to all the losers.
However, sometimes the debtors themselves from the DIA base, whom Life managed to get through, claim that they are hearing about the debt for the first time. For example, Denis Mayants learned from Life that his debt of 17,480 rubles is being sold on the DIA site for 3146 rubles.
This is a complete surprise for me, ”he says. - Once I took a loan from Metrobank, but long ago I fully repaid it and was sure that there could be no debt in principle. I’ll figure it out and then decide whether to buy it out or act in some other way.
It is much more difficult to buy your debt at a discount from the collection agencies themselves. Although some of them often carry out various actions on discounts and debt restructuring.
It is often easier to negotiate with collectors than with banks, which are concerned about the different requirements of the Central Bank and the problem of reserves. Collectors are more likely to be interested in a quick receipt of cash, albeit in a smaller amount, so debtors should enter into negotiations and try to achieve a profitable deal, says Voronin.
However, some collection agencies have already turned to the FSSP with a request to provide them with the opportunity to sell certain debts at a discount through the FSSP website.
Now we propose, and have already talked on this topic with the director of the bailiff service, to create a buyout scheme through the database system of enforcement proceedings, - says Dmitry Zhdanukhin, general director of the Collection Development Center. - That is, to be able to sell at a discount those debts that have already been adjudicated. Now there is only a button to "pay" the debt without a discount, and anyone can do it for the debtor, even a friend, even an enemy, who will thus redeem the debt and be able to make claims himself. Collection agencies do not just underestimate the possibility of selling individual debts, it will simply cost them too much for paperwork and servicing.
1. General Provisions
1.1. The procedure for the sale of assets of liquidated credit institutions (hereinafter referred to as the Procedure) regulates the rules for the preparation, organization and implementation of procedures for the sale of property (property rights) (hereinafter also referred to as assets, property) of liquidated credit institutions, in respect of which the State Corporation "Deposit Insurance Agency" (hereinafter referred to as the Agency) exercises the powers of the bankruptcy commissioner (liquidator), interaction of the Agency's structural divisions on the preparation, organization and implementation of procedures for the sale of assets of liquidated credit institutions, and also establishes the mandatory rules for the preparation of documents provided for by the Procedure.
1.2. The sale of assets of credit institutions is carried out in accordance with the norms of the Civil Code of the Russian Federation, legislative acts in the field of insolvency (bankruptcy), orders, orders of the Ministry of Economic Development of Russia and other regulatory legal acts of the Russian Federation governing relations arising from the sale of assets of credit institutions (hereinafter - legislation Russian Federation).
1.3. The sale of assets of credit institutions is carried out in accordance with the following principles:
Information transparency of the procedures for the sale of the assets of a credit institution;
Equality, fairness, absence of unreasonable restrictions on competition in relation to persons - potential buyers of the assets of a credit institution;
Observance of the rights and legitimate interests of all persons intending to take part in the acquisition of the assets of the credit institution, as well as creditors, founders (participants) of the credit institution and other persons whose obligations are to be fulfilled at the expense of the property of the credit institution;
Saving money during bankruptcy (liquidation) procedures in relation to credit institutions, including minimizing the costs of organizing and holding tenders;
Ensuring equal access for all persons to participate in tenders, including information on the conduct of tenders, without charging them a fee, as well as transparency in transactions with the property of a credit institution.
1.4. As part of the sale of the assets of a credit institution, all types of property are alienated, including: land plots, buildings, structures, structures, equipment, inventory, raw materials, products, claims, other property rights, securities (shares, bills of exchange, mortgages, investment shares , bills of lading, checks, etc.), participatory interests and shares in authorized (share) capital, rights of claim against persons controlling a credit institution, brought to subsidiary liability for its obligations, with the exception of property and rights that cannot be transferred to third parties.
1.5. The sale of the assets of a credit institution is carried out at an open auction in the form of an auction, a tender, through a public offer with an open or closed form for submitting price proposals, as well as in other forms provided for by the legislation of the Russian Federation.
The property of a credit institution, which, in accordance with the legislation of the Russian Federation, is classified as restrictedly circulating property (hereinafter referred to as restrictedly circulating property) is subject to sale at a closed auction.
As a general rule, the Agency is the organizer of property auctions (sale of property) of a credit institution. By decision of a committee (meeting) of creditors or an arbitration court considering a bankruptcy (compulsory liquidation) case of a credit institution, a specialized organization accredited with the Agency in the nomination "Organizer of a tender" or another specialized organization may act as an organizer of a sale in the property of a credit institution.
1.6. The following assets of the credit institution are subject to sale at auctions held in electronic form (hereinafter referred to as the Auction):
Real estate;
Securities not admitted to circulation on the organized securities market;
Property rights, including rights of claim under credit and loan agreements;
Pledged property;
Items of historical or artistic value;
A thing, the market value of which exceeds 500 thousand rubles, including an indivisible thing, a complex thing, the main thing and a thing associated with it for a general purpose (belonging);
Other types of property (including property rights), the mandatory sale of which at the Bidding is established by the legislation of the Russian Federation.
The property of a credit institution that was not sold at the first Auction is subject to sale at a repeated Auction.
The property of a credit institution that has not been sold at the repeated Auction is subject to sale at the Auction by means of a public offer.
1.7. Sale at auction without using the technical means of the electronic platform (hereinafter referred to as trading in non-electronic form), the following assets of a credit institution can be sold:
A thing, the market value of which is less than 500 thousand rubles, including an indivisible thing, a complex thing, the main thing and a thing associated with it for a general purpose (belonging) (hereinafter - property worth less than 500 thousand rubles);
Property, the book value of which as of the last reporting date prior to the date of opening bankruptcy proceedings (introduction of the liquidation procedure) is less than 100 thousand rubles (hereinafter referred to as low-value property);
Securities admitted to circulation on the organized securities market;
Property of a credit institution not sold at repeated auctions, purchased by the Agency at the initial price set for repeated auctions.
1.8. Responsible for the preparation, organization and implementation of the procedure for the sale of the assets of a credit institution, including the preparation and placement of messages on the holding of Auction and trading in non-electronic form (hereinafter also referred to as the auction), as well as on the sale of low-value property, is the Asset Sales Department (hereinafter referred to as DRA).
1.9. The rules for receiving and registering correspondence established by the Regulations on the Procedure for Preparing, Passing and Keeping Documents at the State Corporation "Deposit Insurance Agency "(Approved by the decision of the Board of the Agency dated 01.04.2004, minutes No. 13).
Reception and registration of such applications (documents) is carried out in accordance with the requirements of the legislation of the Russian Federation and the Procedure.
2. Preparation of proposals on the procedure, terms and conditions for the sale of the assets of a credit institution
2.1. In the manner prescribed by the Agency's regulatory documents, the Asset Management Department (hereinafter referred to as the AUA) together with a representative of the bankruptcy commissioner (liquidator) (hereinafter referred to as the Agency's Representative) compiles a register of assets of the credit institution (hereinafter referred to as the Register).
Not later than 3 working days from the date of drawing up the Register, the RLA sends a copy of it in electronic form to the DRA.
2.2. Not later than 3 months from the date of receipt of the Register, the DRA prepares Recommendations for the sale of the assets of a credit institution (hereinafter referred to as the Recommendations).
2.3. Within 3 working days from the date of preparation of the Recommendations, the DRA transfers them to the Agency's Representative for use in the formation of proposals of the bankruptcy commissioner (liquidator) on the procedure, terms and conditions for the sale of the property of the credit institution (hereinafter referred to as the proposal for the sale of assets) and to the ROV.
2.4. In the case of an assessment of the property of a credit institution, the ROV informs the DRA about its completion within 5 working days from the moment the property assessment report is included in the Unified Federal Register of Bankruptcy Information (hereinafter referred to as the EFRSB) by sending a message about the fact of including the report to the DRA's email address.
2.5. No later than 10 working days from the moment the results (interim results) of the inventory or the report on the assessment of the credit institution's property are included in the EFRSB, the Agency's representative sends to the DRA a list of property subject to sale.
The property of a credit institution that is not subject to assessment may be put up for sale before the assessment is completed and the corresponding report is included in the EFRSB.
Upon completion of the inventory of a part of the assets of a credit institution (inventory of assets of one type (class)), prior to the completion of the inventory of all property, that part of the assets, the inventory of which has been completed, may be put up for sale.
By agreement with the committee (meeting) of creditors, proposals for the sale of assets that are not subject to assessment, as well as part of the assets, the inventory of which has been completed, may be submitted for consideration to the committee (meeting) of creditors after the completion of the inventory and appraisal of other property.
2.6. The list of property to be sold at the Auction is sent by the Agency's Representative to the DRA in writing (on paper) and in electronic form in xls / xlsx format in the form of Appendices No. 1.1 - 1.3 to the Procedure, a memo in the form of Appendix No. 2 to the Procedure.
Decoding of consolidated lots is provided by the Agency's Representative in the DRA in electronic form in DOC / DOCX format according to the form of Appendix No. 3 to the Procedure.
The list of property subject to sale without bidding is sent by the Agency's Representative to the DRA in writing (on paper) and electronically in xls / xlsx format in the form of Appendix No. 4 to the Procedure, a memo in the form of Appendix No. 5 to the Procedure.
2.7. Not later than 10 working days from the date of receipt by the DRA of the documents provided for in the Procedure, but not less than 3 working days before the date of the meeting of the Commission on operational issues of bankruptcy proceedings (liquidation) (hereinafter referred to as the Commission), at which it is planned to consider the issue of approving proposals on the sale of assets, DRA sends to the Department of Security and Information Protection (hereinafter referred to as DBZI) for information, as well as to the ROV for approval the list of property subject to sale.
The list of property subject to sale is sent to the DBZI and ROV in electronic form to the e-mail addresses of the DBZI and RUA employees authorized to receive relevant messages from the DRA, respectively.
The list of property subject to sale by the ROV is coordinated within 1 working day from the date of its receipt from the DRA by sending the “AGREED” message by the authorized employee of the ROV to the DRA's e-mail address.
2.8. In the event that there are restrictions on the sale of the assets of a credit institution and / or circumstances indicating the inexpediency of the sale of a particular asset, the ROV within the period specified in the Procedure shall send to the DRA information on the inexpediency of the sale of property or existing restrictions on its sale (hereinafter - information on restrictions) indicating the reasons for these restrictions.
3.3. If the documents stipulated by the Procedure are submitted to the DRA, later than the period for organizing the Auction specified in the decision of the committee (meeting) of creditors to approve the proposal for the sale of assets, or less than 14 days before the date of publication of the announcement of the auction in the official publication, the Agency's Representative shall send in the DRA a memo in the form of Appendix No. 16 to the Procedure, indicating the reasons for non-compliance with the terms of organizing the auction.
3.4. If there are restrictions on the sale of the assets of a credit institution and / or circumstances indicating the inexpediency of the sale of a particular asset, the ROV no later than 3 working days from the date of receipt from the Representative in accordance with the Procedure for information on amendments to the proposal for the sale of assets previously approved by the Commission , sends to the DRA information about the restrictions in the form of Appendix No. 17 to the Procedure.
The information about the restrictions received from the ROV is taken into account by the DRA when preparing a draft notice on the holding of auctions in the property of a credit institution.
Within 2 working days from the date of receipt from the ROV of information about the restrictions, the DRA informs the Representative of the Agency.
The representative of the Agency notifies the committee (meeting) of creditors of the credit institution about the availability of information about the restrictions, or sends to the arbitration court, which approved the proposal to sell the assets, an application for reconsideration of the decision on new (newly discovered) circumstances.
If the proposal to sell the assets is approved by the court, the preparation of the draft notice of the auction in the property of the credit institution shall be suspended until the DRA receives information on the decision taken following the consideration of the application of the Agency's Representative specified in this clause.
3.5. Within the period established by the decision of the creditors' committee (meeting) on the procedure, terms and conditions for the sale of the credit institution's property, the DRA prepares a draft notice on the holding of auctions in the credit institution's property in the form of Appendices No. 18.1 - 18.7 to the Procedure.
3.6. The notice on the holding of auctions in the property of a credit institution must contain the information provided for by the legislation of the Russian Federation in effect at the time of publication of the message.
The notice on the holding of auctions in the property of the credit institution may contain additional information necessary for more complete informing of the applicants about the property of the credit institution being sold.
3.7. The preparation of a notice on holding an auction in the property of a credit institution is carried out subject to the following conditions:
The start date for the acceptance of the OEP of applications for participation in the Auction is established not earlier than the second business day from the moment of publication of the announcement of the Auction in the official publication;
The initial selling price of the property (the initial selling price of the lot) is set in accordance with the decision of the committee (meeting) of creditors of the credit institution;
If, as of the date of preparation of the draft notice of tendering in the property of a credit institution, the obligations of borrowers under credit agreements have been fulfilled in full or in part, then the rights of claim against these borrowers are accordingly excluded from the property (lot) being sold or are adjusted taking into account the decrease in the amount of debt.
In this case, the Agency's Representative sends a memo to the DRA in the form of Appendix No. 19 to the Procedure on the exclusion of the relevant rights of claim from the property (lot) being sold or on adjusting the amount owed and setting a new initial selling price of the property.
4. Sale of the property of a credit institution at electronic auctions
4.1. Organization of Bidding in the form of an auction
4.1.1. After the preparation of the notice on the holding of the Trading in the property of the DRA credit institution within the time limits established for the organization of the Trading by the decision of the committee (meeting) of creditors:
Sends a memo to the DOS in the form of Appendix No. 20.1 to the Procedure;
Sends the text of the message about the Bidding to the Agency Representative (if the credit institution is located outside Moscow and the Moscow Region);
Prepares a template with a list of realizable property for importing lots to an electronic platform in the form of Appendices No. 21.1 - 21.2 to the Procedure, an agreement on the payment of a deposit and draft sales and purchase agreements, cessions according to the forms established by the Procedure for concluding contracts.
Placement on the official website of the Agency and inclusion in the EFRSB, as well as publication of the announcement of the Bidding in the official publication are carried out in accordance with the Procedure for the preparation and provision of information on the progress of liquidation procedures in relation to credit institutions (approved by the decision of the Board of the Agency, minutes of March 16, 2015 No. 32) (hereinafter - the Procedure for preparing information).
A representative of the Agency, no later than 30 days before the date of the Auction, places a message about the Auction in the regional periodical (except for credit institutions located in Moscow or the Moscow region).
4.1.2. From the moment of publication of the announcement of the Bidding, the DRA, together with the Agency's Representative, carries out work related to the requests of applicants regarding the organization of the Bidding, arriving at the Agency's e-mail address. [email protected]
The processing of requests is carried out by DRA on a daily basis by reviewing, sorting, accounting and sending to the Agency Representative by affiliation within 1 working day.
Preparation of responses to inquiries concerning the organization and conduct of the Bidding is within the competence of the DRA and is carried out no later than 5 working days from the date of their receipt by the DRA.
The DRA controls the timing of replies to inquiries by tracking the result of consideration of the application sent to the applicant and arriving at the Agency's e-mail address. [email protected] in the copy.
4.1.3. From the moment of the publication of the announcement of the Bidding, at the relevant request of the interested person, the DRA, during the entire period of the Bidding, organizes and conducts the necessary measures to familiarize potential buyers with the property of credit institutions put up for the Bidding and located in warehouses leased by the Agency.
Acquaintance of applicants with real estate, as well as with property located in storage facilities leased by credit institutions, is carried out by the Agency's Representatives.
4.1.4. After the publication of the announcement of the Bidding within the time limits established by the legislation of the Russian Federation, the DRA sends the OEP an application for the Bidding, a template with a list of the property to be sold for importing lots to the electronic platform, as well as a deposit agreement signed with an electronic signature and draft contracts for the sale and purchase of property , assignment of rights of claim (cession), a list of the property of a credit institution included in prefabricated (composite, complex) lots (if any).
4.1.5. On the electronic platform, using software and hardware, a message is automatically generated about the Bidding, access to which, until the moment of its signing, is provided exclusively to the DRA as a structural unit of the Agency authorized to post such messages.
This message is signed with an electronic signature no later than the day following the day of the approval of the OES of the bid for the Bidding. Before signing the message, additional information about the property being sold can be entered into it, including electronic copies of documents on property rights, plans, photographs, explications.
After signing the notice of the Bidding with an electronic signature, such a message is subject to placement on an electronic platform in the public domain and cannot be changed, except as otherwise provided by the legislation of the Russian Federation.
4.1.6. To participate in the Bidding, the applicant, within the time frame and procedure established in the notice of the Bidding, shall submit to the OEP an application for participation in the Bidding in the form of an electronic document.
The application for participation in the Auction is drawn up in Russian and must contain the information provided for by the legislation of the Russian Federation and specified in the notification of the auction as mandatory, and may also contain the information specified in the notification of the auction as additional (recommended).
The application for participation in the Bidding, in addition to the applicant's proposal for the purchase price of the property (separately for each lot), must be accompanied by copies of the documents provided for by the legislation of the Russian Federation and specified in the notice of the Bidding as mandatory, and copies of documents may be attached, specified in the message about the Trades as additional (recommended).
When conducting closed Auction, the application for participation in the Auction must be accompanied by copies of documents confirming the applicant's compliance with the requirements for a participant in the Trading established in accordance with the legislation of the Russian Federation for the acquirer of limited negotiable property.
Copies of documents attached to the application for participation in the Auction are provided in the form of electronic documents signed by the electronic signature of the applicant.
4.1.7. Registration of an application for participation in the Bidding and notification of the applicant and the DRA about this are carried out by the OEP in the manner and terms established by the legislation of the Russian Federation.
4.1.8. The DRA is obliged to ensure the confidentiality of the information contained in the submitted applications for participation in the Bidding and the documents attached thereto, before the start of the Bidding or until the moment when access to the relevant information is opened on the electronic platform.
4.1.9. The Applicant has the right to withdraw or change the application for participation in the Trades on the conditions, in the manner and terms established by the legislation of the Russian Federation.
4.1.10. To participate in the Bidding, the applicant shall submit in electronic form a deposit agreement signed with an electronic signature.
The deposit is paid by the applicant to the account and in the manner specified in the notification of the Bidding. The payment of the deposit is confirmed by the receipt of funds to the account specified in the notification of the Bidding.
The Applicant has the right to make a deposit to the account specified in the notification of the Bidding without providing a signed deposit agreement. In this case, the transfer of the deposit by the applicant in accordance with the notification of the Bidding is considered to be an acceptance of the deposit agreement posted on the electronic platform.
4.1.11. Acceptance of applications for participation in the Auction and advance payments shall be terminated upon the expiry of the deadline for accepting applications specified in the notification about the Trading.
4.1.12. Based on the results of consideration of all submitted applications for participation in the Auction, as well as confirmation of the fact of receipt of the deposits from the applicants, the DRA within the period specified in the notification of the auction, makes a decision on admitting applicants to participate in the Auction or refusing to admit applicants to participate in the Auction , which is drawn up by the protocol on the determination of the Bidders.
Applicants are allowed to participate in the Auction who have made advance payments not later than the end of the deadline for accepting applications and have submitted applications for participation in the Auction and the documents attached thereto that meet the requirements established by the legislation of the Russian Federation and specified in the notice of the Bidding.
Applicants admitted to the Trades are recognized as participants in the Trades.
The decision to refuse to admit the applicant to participate in the Trades is made on the grounds provided for by the legislation of the Russian Federation.
4.1.13. On the day of signing the protocol on the determination of bidders, the DRA sends it in the form of an electronic OES document to notify all applicants of their recognition as bidders or of the refusal to be recognized as bidders.
4.1.14. Within the time frame established by the legislation of the Russian Federation, the DRA considers the proposals of the bidders on the purchase price of the property of the credit institution and determines the winner of the Auction.
The winner is the Bidder who offered the highest price for the property of the credit institution, but not less than the established initial sale price of the property.
In the event that two or more applications of the Trading Participants for participation in the Trading contain the same offers on the price of the property of the credit institution, the winner of the Trading is the participant who submitted the application for participation in the Trading earlier than others.
The provisions of this clause apply unless otherwise provided by this Procedure.
4.1.15. Within the period established by the legislation of the Russian Federation, the DRA approves the protocol on the results of the Bidding and sends it to the OEP for placement on the electronic platform, including it in the EFRSB and sending it in the form of an electronic document to all participants in the open bidding.
4.1.16. After approval of the protocol on the results of the Bidding, DRA sends a copy of it to the Agency's Representative and to the ROV.
4.1.17. Not later than 2 business days from the moment of approval of the protocol on the results of the Bidding, the DRA sends a copy of this protocol to the winner of the Bidding.
4.1.18. Trades are recognized invalid on the grounds provided for by the legislation of the Russian Federation.
If the Bidding is recognized as invalid and the sale and purchase agreement has not been concluded with the only participant in the Bidding, the DRA, within the time period established by the legislation of the Russian Federation, draws up and transmits to the EOP a protocol on the recognition of the Bidding as invalid, indicating the grounds for recognizing the Bidding as invalid for placement on the electronic platform and in EFRSB.
After the approval of the protocol on recognizing the Trading as invalid, the DRA sends the protocol to the Agency's Representative.
4.1.19. If the property (part of the property) of the credit institution was not sold at the Auction, repeated Auction in the property of the credit institution is held.
Repeated Trades are held in accordance with the requirements established for the first Trades. The initial sale price of the property at the repeated Bidding is set in accordance with the requirements of the legislation of the Russian Federation.
In order to minimize the costs of publishing a message on the auction and reduce the time for organizing and holding the auction, if this condition is provided for by the decision of the committee (meeting) of creditors of the credit institution, it is allowed to publish in one message about the auction information on the conduct of the first and repeated trading in the property of the credit institution. ...
4.1.20. Within 15 working days from the date of signing the protocol on the results of the DRA Trading:
Prepares a message on the results of the Bidding;
Fills in an application for posting a message about the Bidding on the official website of the Agency - www.asv.org.ru;
Sends a memo to the DOS in the form of Appendix No. 22 to the Procedure;
Sends to the Agency Representative the text of the message on the results of the Bidding for publication in the print media at the location of the credit institution (except for credit institutions located in Moscow or the Moscow Region);
Within 15 working days from the date of signing the protocol on the results of the Auction, the Agency's Representative shall post a message on the results of the Auction in the periodicals at the location of the credit institution (except for credit institutions located in Moscow or the Moscow Region).
The DRA shall be responsible for the compliance of the content of the draft message on the results of the Bidding with the protocol on the results of the Bidding.
Placement on the official website of the Agency and in the EFRSB, as well as the publication of a message on the results of the Bidding in the official publication are carried out in accordance with the Procedure for preparing information.
4.2. Features of the Bidding with an open form for providing price proposals
4.2.1. When conducting an Auction using an open form for submitting offers on the purchase price of property, these offers are provided by the participants of such Auction openly during the course of the Auction.
Bidding using an open form for submitting proposals for the purchase price of property is carried out by increasing the initial sale price of property by an amount that is a multiple of the "auction step" set by the decision of the committee (meeting) of creditors of the credit institution and specified in the announcement of the Bidding.
4.2.2. Bidding using an open form for submitting proposals for the purchase price of property is held on the electronic platform on the day and time specified in the notice of the Bidding.
4.2.3. When conducting Auction using an open form for submitting proposals for the price of property, information on all proposals of the participants in the Bidding on the purchase price of property and the time of their receipt, as well as the time before the expiration of the deadline for the provision of such proposals, is posted on the electronic platform.
Access to this information is provided only to persons registered on the electronic site.
4.2.4. The time of the Bidding is established in the manner determined by the legislation of the Russian Federation, and is indicated in the message about the Bidding.
4.2.5. When conducting an Auction using an open form for submitting proposals for the purchase price of property of the OES, it must be ensured that it is impossible for a Bidder to submit two or more identical proposals for the purchase price of property.
If the price of the property was offered, equal to the price of the property offered by another (other) participant (participants) of the Bidding, the proposal for the price of the property that was received earlier than other proposals shall be recognized as submitted.
4.2.6. The proposal for the purchase price of the property may be rejected only on the grounds stipulated by the legislation of the Russian Federation.
4.3. Features of the Bidding with a closed form for providing price proposals
4.3.1. In the event of a Bidding with a closed form for submitting proposals for the purchase price of property, an application for participation in the Bidding containing a proposal for the price of the debtor's property shall not be disclosed prior to the commencement of the Bidding.
The confidentiality of such offers is ensured using the technical and software tools of the electronic platform.
4.3.2. When conducting a Bidding with a closed form of submitting proposals for the purchase price of property, proposals for the purchase price of property shall be provided by the Bidders simultaneously with the submission of applications for participation in the Auction or on the day of summing up the Auction results before the time for summing up the Auction results specified in the notification about the Auction.
4.3.3. On the day, at the time and at the place indicated in the notice of the Bidding, proposals for the purchase price of the property are posted on the electronic platform.
4.3.4. Bidding with a closed form of submitting proposals for the purchase price of property is carried out by comparing the proposals for the purchase price of property received from the Bidders before the time specified in the notice of the Bidding.
4.4. Specifics of the Sale of Property of a Credit Institution at the Bidding through a Public Offer
4.4.1. The sale of the property of a credit institution at the PPP Bidding is carried out if there is one of the following grounds:
1) repeated Trades were declared invalid due to failure to submit applications for participation in the Trades;
2) the repeated Bids were declared invalid due to the failure of the applicant to pay the deposit in the established amount (payment in the amount of less than 10% of the lot price) and / or the term;
3) the repeated Bids were declared invalid and the agreement was not concluded with their sole participant;
4) the contract was not concluded with the winner or other participant in the Bidding.
Preparation and conduct of the RFP Bidding are carried out in the manner prescribed, and the Procedure, taking into account the specifics provided for in this subsection.
4.4.2. In order to minimize the costs of publishing a message on the RFP Trading and reduce the time for organizing and holding the RFP Trading, when such a decision is made by the committee (meeting) of creditors of the credit institution, it is allowed to publish in one message about the Trading information about the first and repeated Trading and the RFP Trading ...
4.4.3. In the notification about the auction of the RFP, the amount of the decrease in the initial sale price of the property and the period (hereinafter referred to as the auction period) must be indicated, after which it gradually decreases.
The initial price of the first trading period is set equal to the initial sale price of the property, set at the repeated Trading.
4.4.4. If the winner of the RFP Auction or the only participant whose application for participation in the RFP Bid contains an offer for a price not lower than the established initial sale price of the property of the credit institution for the given period of the auction, the initial sale price of the debtor's property is reduced within the time frame specified in the notification of the RFP Bidding.
In this case, the summing up of the results of the RFP Trades and the publication of information on the results of the corresponding trading period is not performed.
4.4.5. Upon receipt of applications for participation in the RFP DRA Trading:
Forms and signs a protocol on the determination of participants in the RFP Trading at each trading period no later than the last day of the corresponding trading period;
Prepares draft messages on the results of the RFP Bidding and on the conclusion of an agreement on the results of the RFP Bidding after the end of the RFP Bidding or the corresponding period of the bidding in which the winner was determined.
The messages provided for by this clause are posted and published within the time limits established by the legislation of the Russian Federation, in the manner prescribed by the Procedure.
4.4.6. In the absence of proposals from other participants in the RFP Bidding, the right to purchase this property belongs to the RFP Bidding participant who submitted, within the specified time, an application for participation in the RFP Bidding, containing an offer for the purchase price of the property, which is not lower than the initial sale price of the property established for a certain period of the auction.
In the event that several participants in the RFP Auction submitted within the specified time period bids containing various proposals for the purchase price of this property, but not lower than the initial sale price of the property established for a certain period of the auction, the right to purchase the property belongs to the RFP Auction participant who offered the maximum price for this. property.
In the event that several participants in the RFP Auction submitted within the specified time period bids containing equal offers for the purchase price of the property, but not lower than the initial sale price of the property established for a certain period of the auction, the right to purchase this property belongs to the RFP Auction participant who was the first to submit within the established term of the application for participation in the RFP Bidding.
From the date of determination of the winner of the RFP Trading, acceptance of applications is terminated.
4.5. Specifics of Selling the Property of a Credit Institution by Holding a Bidding in the Form of a Competition
4.5.1. The sale of the property of a credit institution is carried out by holding an auction in the form of a tender in cases stipulated by the legislation of the Russian Federation, when in respect of this property the buyer is obliged to fulfill the conditions established by the decision of the committee (meeting) of creditors in accordance with the legislation of the Russian Federation.
4.5.2. Preparation and holding of the Bidding in the form of a competition are carried out in the manner prescribed and the Procedure, taking into account the specifics provided for in this subsection.
4.5.3. In the notification of the Bidding in the form of a tender, information on the terms of the tender and the criteria for admitting applicants to participate in the tender shall be indicated.
4.5.4. On the day, time and place specified in the notification about the Bidding in the form of a tender, the DRA considers applications for participation in the Bidding in the form of a tender received from applicants and the obligations contained therein to comply with the terms of the tender, as well as proposals for the purchase price of the property of a credit institution.
An application for participation in the Bidding in the form of a tender is rejected if the applicant who submitted it does not meet the requirements for a participant in the Bidding in the form of a tender or such an application is recognized as not meeting the requirements specified in the notice of the Bidding.
In the event that the information contained in the documents submitted by the applicant is found to be unreliable, the applicant is suspended from participation in the Bidding in the form of a competition at any stage of their holding.
Evaluation of applications for participation in the Bidding in the form of a tender, which were not rejected, in order to identify the winner of the tender, is carried out on the basis of the criteria specified in the notice of the Bidding.
The winner of the Bidding in the form of a tender is the Bidder who has offered the highest price for the property, but not less than the established initial sale price, provided that he fulfills the conditions of the tender.
The protocol on the results of the Bidding in the form of a tender shall also indicate the terms of the tender and the rationale for the decision taken to recognize the Bidder as the winner.
4.5.5. Information concerning the consideration of applications for participation in the Auction in the form of a competition shall not be disclosed until the official announcement of the results of the Auction in the form of a competition.
4.5.6. In the event that applications for participation in the Auction in the form of a competition were not submitted, as well as in the event that, based on the results of consideration of applications for participation in the Auction in the form of a competition, all applications are rejected or only one application is recognized as meeting the requirements specified in the notification of holding Bidding, the competition is declared invalid.
If only one participant was admitted to participate in the Bidding in the form of a competition, whose application for participation in the Bidding complies with the conditions of the competition, the purchase and sale agreement shall be concluded with this Bidder in accordance with the terms of the competition.
4.5.7. If the Bidding in the form of a tender is declared invalid due to the absence of applications (rejection of all submitted bids) for participation in the Bidding in the form of a tender, as well as in the event that the only participant in the Bidding in the form of a tender refuses to conclude a sale and purchase agreement, the further sale of the property of the credit institution is carried out within the time frame, procedure and conditions determined by the committee (meeting) of creditors of the credit institution.
5. Sale of property of a credit institution with a market value of less than 500 thousand rubles
5.1. Property worth less than 500 thousand rubles, with the exception of property subject to sale at the Bidding in accordance with the Procedure, may be sold at the auction in a non-electronic form upon the adoption of an appropriate decision by the committee (meeting) of creditors of the credit institution.
On the basis of the decision of the committee (meeting) of creditors of the credit organization, the sale of the property specified in this clause may be carried out through the sale at the Auction.
5.2. Non-electronic trades are conducted in accordance with the applicable requirements of the Procedure, taking into account the specifics established by this section.
5.3. After the preparation of the notice on the holding of the Trading in the property of the credit institution, the DRA within the time limits established for the organization of the Trading by the decision of the committee (meeting) of creditors sends a memo to the DOS in the form of Appendix No. 20.2 to the Procedure.
A notice on the holding of auctions in a non-electronic form is posted on the official website of the Agency.
5.4. Within the timeframe and procedure set forth in the notice on the conduct of auctions in a non-electronic form, the DRA accepts applications for participation in such auctions and the documents attached to them in accordance with the list specified in the notice on the conduct of auctions in a non-electronic form.
An application for participation in tenders in a non-electronic form (Appendix No. 23) and the documents attached to it are submitted by the applicant in electronic form using the hardware and software of the Agency's website or in writing (on paper) to the DRA within the time period specified in the notice of holding bidding in non-electronic form.
An application for participation in the auction in a non-electronic form is submitted by the applicant personally or through his authorized representative.
5.5. The DRA registers the submitted application for participation in the auction in a non-electronic form in the application log, indicating its serial number, date and exact time of its submission.
5.6. Acceptance of applications for participation in trades in non-electronic form shall be terminated at least 3 days prior to the day of commencement of trades in non-electronic form.
The applicant has the right to change or withdraw his application for participation in the auction in a non-electronic form at any time before the deadline for the submission of applications specified in the notification of the auction in non-electronic form.
5.7. The DRA notifies all applicants of the results of consideration of the submitted applications for participation in tenders in a non-electronic form and the recognition or non-recognition of applicants as participants in such tenders by sending to applicants in writing or in the form of an electronic document copies of the protocol on the identification of tenders in non-electronic form within 5 days from the date signing the specified protocol.
5.8. On the day, time and place specified in the notice on holding a tender in a non-electronic form, the Agency's representative or a person authorized by the bankruptcy commissioner (liquidator) of the credit institution to conduct such tenders (in the case when the property being sold is located in storage places leased by credit institutions), or an employee of the DRA (in the case when the property to be sold is in the Agency's warehouses) announces the start of trading in a non-electronic form, considers the participants' proposals on the price of the credit institution's property and determines the winner.
5.9. The obligation to attend the bidders in person or their authorized representatives in a non-electronic form is established only when such bidding is carried out with an open form of submission of offers on the purchase price of the property of a credit institution.
5.10. If, when conducting auctions in a non-electronic form, a closed form of submission of proposals for the price of a credit institution's property is used, proposals for the price of property are submitted by participants to the DRA simultaneously with the submission of applications for participation in the auctions in a non-electronic form or on the day of summing up the results of such auctions before the date specified in the announcement of the holding. trades in non-electronic form of the time of the beginning of such trades and summing up their results.
The right to acquire property belongs to the participant who offered the highest purchase price of the property, but not lower than the initial sale price.
If two or more bids for participation in tenders in a non-electronic form contain proposals for the same purchase price of property, the winner is the participant who submitted an application for participation in such tenders earlier than other participants.
5.11. If, when conducting auctions in a non-electronic form, an open form of submission of proposals for the purchase price of a credit institution's property is used, such auctions are held in the form of an open auction, during which bids for the price of property are announced by the participants (their representatives) openly during the course of the auction in a non-electronic form.
In this case, auctions in non-electronic form are carried out by increasing the initial sale price of the property by an amount that is a multiple of the "auction step", which is set by the committee (meeting) of creditors at the suggestion of the Agency's Representative as a percentage of the initial price of the property and is indicated in the notice of the auction in the non-electronic form.
If, prior to the third announcement of the last offer on the price of the property, none of the participants (their representatives) announced their intention to offer a higher price, the bidding in non-electronic form is completed and the participant who offered the highest price during the auction, which was named last.
5.12. The decision to determine the winner is made on the day of the auction in a non-electronic form and is drawn up in a protocol on the results of the auction in non-electronic form for each lot put up for such an auction, which is signed by the Agency's Representative and the winner of the auction in a non-electronic form.
The protocol on the results of the auction in a non-electronic form is drawn up by the DRA in four copies, one of which is handed to the winner of the auction in a non-electronic form, the second remains in the DRA, the third is transferred to the Agency Representative, the fourth - to the ROV.
The protocol on the recognition of the auction in a non-electronic form as void is sent to the Agency's Representative.
5.13. Within 2 working days from the date of signing by the Agency Representative of the protocol on the results of trading in non-electronic form DRA:
Prepares a message on the results of trading in non-electronic form;
The posting of a message on the results of trading in a non-electronic form on the Agency's official website is carried out in accordance with the Procedure for Preparing Information.
6. The procedure for accounting and return of deposits to bidders, concluding an agreement on the basis of bidding and transfer of an asset to the buyer
6.1. Procedure for accounting and refund of deposits to bidders
6.1.1. At the end of the acceptance of applications for participation in the auction, within the time specified in the notice of the auction, DRA, in order to identify the received deposits, as well as correlate the sums of money received from the applicants with the submitted applications for participation in the auction, monitors the receipt of deposits from the applicants ...
Control over the receipt of deposits is carried out using the software package "Sail Control System".
6.1.2. The sums of the deposits made by the applicants are returned to all applicants, except for the winner of the auction, within 5 working days from the date of signing the protocol on the results of the auction.
In order to prevent the use of the procedures carried out by the Agency for the sale of assets of credit institutions in illegal or dubious financial transactions, refunds of funds received as advance payments are made:
The applicant or the person who paid the deposit for him - to the bank account from which the payment was made;
When making a deposit in cash or by bank transfer without opening a bank account - to the bank account of the payer of the deposit specified in the application (documents attached to the application) for participation in the Bidding.
If the Agency does not have information on the details of the bank account to which the deposit is to be returned, the funds received as a deposit are returned to the payer within 5 working days from the date the payer provides the deposit of the specified bank details.
6.1.3. In the event that the Agency's Representative concludes an agreement with the winner or the only bidder, the amount of the deposit made by this person shall be included in the price of the acquired property (property rights) determined at the bidding.
6.1.4. In case of refusal or evasion of the winner of the auction from signing the contract based on the results of the auction or failure to fulfill his obligation to pay for the property (property rights) within the time period established by the contract, the deposit made by him shall not be refunded.
In case of refusal or evasion of the conclusion of an agreement on the basis of the auction in the form of an auction or competition of the sole bidder, the deposit made by him shall be refunded.
In the event of refusal or evasion of the conclusion of an agreement following the results of the RFP Trading (bidding in a non-electronic form through a public offer) of the sole participant in the RFP Trading (bidding in a non-electronic form by means of a public offer), the deposit made by him shall not be refunded.
If, in accordance with the requirements of the legislation of the Russian Federation and the provisions of this Procedure, the Agency's Representative was asked to conclude an agreement to a participant other than the auction winner, and the deposit was already returned to him, when paying for the acquired property (property rights) in accordance with the terms of the agreement concluded following the auction. this participant pays the price of the contract in full (without offsetting the deposit previously paid and returned to him).
6.1.5. In order to ensure the proper fulfillment by the Agency of the obligations entrusted to it as a bidding organizer for the return / offset of deposits received from applicants, DRA prepares orders to the Department of Accounting and Reporting for the transfer of funds received from applicants as deposits for the following purposes:
Refunds to applicants who have not been recognized as the winner of the auction (Appendix No. 24);
Transfer of the deposit to the account of the credit institution as payment for the agreement concluded following the auction (Appendix No. 25).
6.2. The procedure for concluding a contract based on the results of trading
6.2.1. Within 5 days from the date of signing the protocol on the results of the auction, the Agency's Representative sends the winner or the only bidder a proposal to conclude a sale and purchase agreement, cession in the form of Appendix No. 26 to the Procedure with the attachment of the draft of the said agreement in accordance with the proposal submitted by the winner or the only bidder about the price of the property.
If only one participant was allowed to participate in the auction, whose application for participation in the auction contains a proposal for the price of the property not lower than the established initial sale price of the property of the credit institution, the purchase and sale agreement, the cession agreement is concluded by the Agency's Representative with this participant in the auction in accordance with the them with a proposal for the price of the property.
6.2.2. If the subject of the contract concluded based on the results of the auction is the property (property right) of the credit institution, the value (sale price) of which exceeds the limit provided for by the power of attorney of the Agency Representative, the contract for the sale of such property (assignment of property rights) is concluded by the Agency Representative, if the said the agreement received by the Agency Representative with the consent of the Deputy Director General of the Agency in charge of the DRA to conclude such an agreement.
Draft consent to conclude such an agreement indicating the name of the subject of the agreement, its value (sale price), as well as the name / full name. the buyer prepares DRA in the form of Appendix No. 27 to the Procedure.
If the subject of the contract concluded based on the results of the auction is the property (property right) of the credit institution, the value (sale price) of which does not exceed the limit provided for by the power of attorney of the Agency Representative, the said contract shall be concluded by the Agency Representative without obtaining the consent provided for in this paragraph.
6.2.3. In case of refusal or evasion of the winning bidder from signing the contract within 5 days from the date of receipt of the proposal of the Agency's Representative to conclude such an agreement, the Agency's Representative proposes to conclude an agreement to the bidder who offered the highest price for the property of the credit institution in comparison with the price offered by other bidders, excluding the winner of the Bidding.
If the price indicated in the previous one was offered by several bidders, the proposal to conclude an agreement is sent to the participant whose proposal for the purchase price of the property was received earlier than other proposals.
6.2.4. The draft agreement to be concluded based on the results of the auction is prepared and endorsed in accordance with the Procedure for the conclusion of agreements.
6.2.5. On the day of the conclusion of the agreement, the Agency's Representative sends to the DRA information about the conclusion of an agreement in the form of Appendix No. 28 to the Procedure or information on the refusal or evasion of the winner of the auction from concluding an agreement in the form of Appendix No. 29 to the Procedure for posting on the official website of the Agency and the EFRSB.
Within 3 working days after receiving information about the conclusion of the DRA agreement:
Prepares a message about the concluded contracts;
Fills in an application for posting a message about the concluded agreements on the official website of the Agency - www.asv.org.ru;
The posting of a message about the concluded agreements on the official website of the Agency and the inclusion of such a message in the EFRSB are carried out in accordance with the Procedure for preparing information.
6.3. Procedure for transferring an asset to a buyer
6.3.1. When selling property (property rights) of a credit institution, payment must be made by the buyer in the manner, amount and time specified in the agreement concluded following the auction.
Within 2 working days from the date of payment of the contract, the Agency's Representative notifies the DRA and the DUA in the form of Appendix No. 30 to the Procedure about the fact of full payment of the contract by the buyer.
DRA carries out current and subsequent control of the completeness and reliability of the information provided by the Agency's Representative, provided for in this paragraph.
In case of non-payment or incomplete payment by the buyer of the concluded agreement, the Agency's Representative, within 3 working days from the expiration of the payment deadline, sends the buyer a notice of cancellation of the agreement in the form of Appendices No. 31.1 - 31.2 to the Procedure.
6.3.2. Within 2 working days from the date of receipt of notification of full payment by the buyer of the agreement, DRA takes measures related to the preparation of the property located in the warehouses leased by the Agency for transfer to the buyer.
6.3.3. Within 2 working days from the date of full payment by the buyer of the contract, the Agency's Representative takes measures related to the preparation of real estate, as well as property in warehouses leased by credit institutions, and prepares documents for transfer to the buyer confirming the existence of sold property rights.
6.3.4. The basis for the release of property from the warehouse is the order of the Agency's Representative on the release of property from the warehouse.
The transfer of property (property rights) under an agreement is carried out according to a deed of transfer signed by the parties to the agreement, within the time period established by the agreement.
7. Sale of property with a carrying value of less than RUB 100 thousand
7.1. The decision on the procedure, terms and conditions for the sale of low-value property of a credit institution is made by a committee (meeting) of creditors at the suggestion of the Agency's Representative, adopted in accordance with the provisions of the Procedure.
The committee (meeting) of creditors of a credit institution may establish the procedure for the sale of low-value property by publishing an offer for the sale of such property (hereinafter - sale of low-value property), by transferring such property for sale to a third party under a commission agreement (hereinafter - transfer of low-value property for sale under a commission agreement ) or by concluding a direct sales contract.
7.2. The representative of the Agency proposes to the committee (meeting) of creditors of the credit organization, when deciding on the sale of low-value property, to approve the procedure, terms and conditions (including the initial price) of its sale.
The announcement of the sale of low-value property of a credit institution is posted on the Agency's official website.
7.3. When selling low-value property by publishing an offer to sell it, several periods of price reduction are possible.
Applications for the purchase of low-value property are accepted during the entire period of validity of the offer for sale specified in the notice of sale, no deposit is provided.
7.4. Not later than 3 business days from the date of the minutes of the meeting of the committee (meeting) of creditors of the credit institution, the Agency's representative sends to the DRA a memo on organizing the sale of low-value property of the credit institution by publishing an offer to sell it in the form of Appendix No. 13.2 to the Procedure.
7.5. DRA prepares a notice on the sale of low-value property in the form of Appendix No. 32 to the Procedure within a period not exceeding 10 working days from the date of receipt of a memo from the Agency's Representative in accordance with the Procedure.
7.6. After preparing a notice on the sale of low-value property, DRA fills out an application for posting a message on the sale of low-value property on the Agency's official website - www.asv.org.ru;
The posting of a notice of the sale of low-value property on the official website of the Agency is carried out in accordance with the Procedure for preparing information.
7.7. DRA ensures the organization of the sale of low-value property by publishing an offer to sell it.
Acceptance and registration of applications for the purchase, determination of the winner, preparation and conclusion of contracts for the sale and purchase of low-value property is carried out by the Representative of the Agency.
Draft contracts for the sale and purchase of low-value property are prepared and endorsed in accordance with the Procedure for concluding contracts.
The Agency's Representative shall notify DRA and ROV about the fact of payment by the buyer for the acquired low-value property in the manner prescribed by the Procedure.
7.8. Low-value property unrealized after the expiration of the sale offer may be sold in accordance with the decision of the committee (meeting) of creditors in any way that does not contradict the legislation of the Russian Federation.
7.9. The conditions for the sale of low-value property by concluding a direct purchase and sale agreement after consideration by the Commission are agreed by the Agency's Representative with the creditors' committee (meeting) of the credit institution.
The work on the preparation of direct contracts for the sale and purchase of low-value property and their conclusion is the responsibility of the Agency's Representative. Drafts of direct contracts for the sale and purchase of low-value property are prepared and endorsed in accordance with the Procedure for concluding contracts.
7.10. When transferring low-value property for sale under a commission agreement, the Agency's Representative proposes to the committee (meeting) of creditors, when making an appropriate decision, to approve, in particular, the following conditions:
The minimum selling price of property by a commission agent;
The size of the commission agent's remuneration;
The procedure for distributing additional benefits received by the commission agent when making a transaction on conditions more favorable for the credit institution (above the established minimum selling price), if the commission agent's remuneration is set as a percentage of the amount received;
Commission agent;
The term of the commission agreement.
7.11. The preparation of the draft commission agreement is carried out and its endorsement is carried out by the DRA in accordance with the requirements of the Agency's internal regulatory documents.
8. Specifics of Selling Certain Types of Property of Credit Institutions
8.1. Securities owned by a credit institution and admitted to circulation on the organized securities market are subject to sale at organized trading.
The sale of securities admitted to circulation on the organized securities market is carried out through a professional participant in the securities market, the selection of which, upon the request of the Agency's Representative, is initiated by the DRA and is carried out in accordance with the Regulation on selection.
The sale of securities admitted to circulation on the organized securities market, the value (sale price) of which exceeds the limit stipulated by the power of attorney of the Agency Representative, is carried out subject to the consent of the Deputy General Director of the Agency in charge of the DRA, obtained by the Agency Representative, for the sale of securities on the organized securities market securities, transfer and crediting of funds received from the sale of securities.
The draft consent for the sale of securities on the organized market, the transfer and crediting of funds received from the sale of securities, indicating the name of the securities, quantity, registration number and book value, is being prepared by the DRA in the form of Appendix No. 33 to the Procedure.
Securities owned by a credit institution and admitted to circulation on the organized securities market can also be sold on the basis of a sale and purchase agreement concluded without holding a tender. In this case, the minimum sale price of securities is established by the decision of the Commission not lower than the market price (quote price) of the securities as of the date of formation of proposals on the procedure, terms and conditions for the sale of securities.
The sale of securities admitted to circulation on the organized securities market is carried out at the end of the inventory of these securities and may be carried out before the end of the inventory of all property of the credit institution, unless other terms of sale are established by the legislation of the Russian Federation.
8.2. Securities owned by a credit institution that are not admitted to circulation on the organized market are subject to sale at the Trades in accordance with the terms of this Procedure.
8.3. The restrictedly circulating property of a credit institution is subject to sale at a closed auction. A prerequisite for admitting an applicant to such an auction is to provide them with the documents (information) specified in the notice of the auction, confirming the applicant's right to acquire, possess this property on the basis of ownership or other property rights.
8.4. The assets of a credit institution that are the subject of a pledge are subject to mandatory assessment.
The sale of the property of the credit institution, which is the subject of the pledge, is carried out at the Bidding.
The initial selling price of the pledged property is determined on the basis of the appraiser's report and is set equal to the market value of the pledged property.
The procedure and conditions for holding the auction in the pledged property are determined by the bankruptcy creditor, whose claims are secured by the pledge of the realizable property of the credit institution.
In the event that repeated tenders are declared invalid, the bankruptcy creditor for obligations secured by the pledge of the property of the credit institution shall have the right to retain the subject of the pledge with an assessment of it in the amount of 10% (ten percent) below the initial selling price at the repeated tenders.
If, within 30 days from the date of recognition of the repeated Auction as invalid, the creditor for the obligations secured by the pledge of the property of the credit institution does not exercise the right to retain the subject of the pledge, it must be sold at the RFP Auction.
8.5. Within 10 days from the date of completion of the verification of the circumstances of the bankruptcy of the credit institution or the submission of an application to law enforcement agencies about the presence of actions indicative of the commission of a crime, the Expert and Analytical Department (hereinafter - EAD) sends to the DRA and the Agency Representative information on the composition of assets, the sale of which is not should be carried out with a significant discount (if identified).
9. Cancellation of Bidding. Changing the terms, procedure or conditions of the auction
9.1. The Agency has the right to refuse to conduct the announced auction at any time, but no later than 3 days before the date of the auction.
By the decision of the committee (meeting) of creditors of the credit institution;
On the basis of the act of the authorized body on the cancellation of the auction;
By written order of the General Director of the Agency (Appendix No. 34) or the Deputy General Director of the Agency in charge of DRA (Appendix No. 35).
The DRA notifies the Agency's Representative about the fact of issuing the act provided for in this clause or the order provided for in this clause, who informs the committee (meeting) of creditors of the credit institution about it.
Within 2 working days from the date of receipt by the DRA from the Agency's Representative a memo in the form of Appendix No. 36 to the Order on the cancellation of tenders with the attachment of the appropriate decision of the committee (meeting) of creditors of the credit institution, an act of the authorized body or the order provided for by this clause, the DRA cancels the tenders, prepares and ensures the publication in accordance with the established procedure of a notice on the cancellation of trading in the form of Appendix No. 37 to the Procedure.
9.2. Amendments to the procedure, terms or conditions for holding tenders, the notification of which has been published in the prescribed manner, is possible only by canceling the announced tenders on the grounds provided for in this Procedure, and organizing new tenders.
9.3. Amendments to the composition of the property of a credit institution (removal of lots from sale), the notification of the sale of which has been published in accordance with the established procedure, is carried out by the DRA on the basis of an official note in the form of Appendix No. 38 to the Procedure for the Agency's Representative, EAD, DUA or DLCO on the removal of lots from sale from an indication of the reasons for the withdrawal of property (property rights) from sale.
Changes to the composition of the property being sold, as well as the removal of a lot (property) from sale, can be carried out in the following cases:
Repayment (in whole or in part) of the debt by the debtor of the credit institution;
Conclusion of an agreement on debt restructuring;
Conclusion of an amicable agreement with the debtor of the credit institution;
Challenging a dubious transaction, the subject of which is property (property right) put up for sale;
Documents confirming the right of a credit institution to the property being sold (property right) are evidence in a criminal case or may be such.
Service notes without specifying the reasons for making changes to the composition of the property being sold or removing lots from the sale are not subject to execution.
Amendments to the composition of the property of a credit institution (removal of lots from sale), the notification of the sale of which has been published in accordance with the established procedure, is also carried out by the DRA by order of the Director General of the Agency (Appendix No. 39) or the Deputy Director General of the Agency in charge of the DRA (Appendix No. 40), on the removal of lots from sale.
10. Reporting on the results of the sale of property
10.1. Not later than the day of summing up the auction results, the DRA sends to the Agency Representative and to the ROV copies of the protocols on the results of the auction.
10.2. During the calendar year (from January 01 to December 31), the DRA keeps records of the progress of the sale of assets of credit institutions, and also prepares and, no later than the tenth day of the month following the reporting quarter, sends to DLCO information on the receipt of funds in the bankruptcy estate and the progress of implementation property of liquidated credit institutions.
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* (1) A thing, including one that has its constituent parts, the division of which in nature is impossible without destroying, damaging the thing or changing its purpose and which appears in circulation as a single object of real rights.
* (2) A collection of different things, connected in a way that implies their use for a common purpose.
* (3) A thing intended for the maintenance of another, main, thing and related to it for a general purpose.
* (4) For example, the name of the photograph of the lot "L01203" means "Lot No. 12, Photo No. 3 in this lot."
Document overview
The issues of the sale of assets of liquidated credit institutions, in respect of which the Deposit Insurance Agency exercises the powers of a bankruptcy commissioner (liquidator), have been settled.
All types of property are alienated, except for things and rights that cannot be transferred to third parties.
Assets are sold at open tenders in the form of an auction, competition, through a public offer with an open or closed form of submission of price proposals. The exception is limited turnover property. It is sold in a closed auction.
The procedure for preparing documents for implementation has been determined.
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