Bidding for the Sale of Debtor's Assets
Since October 12, 2013 the sale of the debtor's enterprise and the debtor's assets is carried out electronically in bidding - in accordance with Paragraph 7, Article 110 and Paragraph 3, Article 111 of Federal Law No. 127-FZ of October 26, 2002 Concerning Insolvency (bankruptcy).
The electronic marketplace B2B-Center complies with requirements stated by Order No. 54 of Ministry of Economic Development of the Russian Federation of February 15, 2010 (1.3 MB) and is used for conducting the open bidding in electronic form for the sale of assets (enterprise) of the debtors at the procedures invoked in bankruptcy case.
The bankruptcy commissioners and the companies monitoring the bidding in bankruptcy procedures can use options of the electronic marketplace to automate the process and to ensure the efficiency of conducting electronic bidding.
Only 3 stages for access to conducting the biddings and participation in open biddings:
STEP 1. Create your personal account.
Personal account will let you:
- Get access to the list of the System Member companies;
- Get access to Personal Account;
- Submit information about your company/an individual;
- Subscribe for distribution of notifications of bidding procedures you are interested in;
- Register Digital Signature.
STAGE 2. Acquire the digital signature.
It is required to acquire the digital signature to organize biddings and participate int hem.
If you do not have digital signature, send an application for the digital signature and select an issuing center from the list, which you find the most convenient. Besides, you may acquire the digital signature on your own in one of the certifying centers accredited in the System.
STAGE 3. Submit an application for registration and the required documents.
If your digital signature is registered in the System (see previous Stage 2), you may submit and application for registration and the required documents to the Operator in the form of an electronic message.
For organization of open biddings it is necessary to enter into an Agreement with Operator.Besides the applicant can submit to the Operator the application for registration and all necessary documentation:
- By sending them by post at the address: 107113, Moscow, mailbox No. 131
- By providing the documentation in person at the address: Moscow, 3rd Rybinskaya Street 18, Bldg. 1.
* The validity period of the extract from the ESRLE is up to 30 days (Paragraph 9, Section 2, Article 126 of Arbitration Procedure Code of the Russian Federation). The purpose for establishing the limitation on validity period of extracts from the USRLE/PSRN is to obtain the relevant information about the organization.
** The Law specifies three types of constituent documents: articles of incorporation, articles of association, general regulations on the organizations of the type. Legal entities act either on the basis of one of the mentioned constituent documents or on the basis of two documents - articles of incorporation and articles of association. Only unlimited partnerships (Article 70 of Civil Code) and trust partnerships (Article 83 of Civil Code) act on the basis of articles of incorporation. Limited liability companies and additional liability companies (Articles 89, 95 of Civil Code) as well as the associations and unions of legal entities (Article 122 of Civil Code) act on the basis articles of incorporation and the articles of association. Articles of association is the foundation document of joint-stock companies (Article 98 of Civil Code), limited liability and additional liability companies established by one person (Articles 89, 95 of Civil Code), state and municipal unitary enterprises (Article 113 of Civil Code), production and consumer's cooperative societies (Articles 108, 116 of Civil Code), foundations (Article 118 of Civil Code) as well as social organizations (associations), non-profit-partnerships and autonomous non-profit organizations and institutions (Article 14 of the Law on Non-Commercial Organizations). The Law on non-commercial organizations (Article 14) provides that the founders (participants) of non-profit partnerships as well as of the autonomous non-commercial organization have the right to enter into a foundation agreement. Besides, among the constituent documents in addition to articles of association the law specifies the decision of the proprietor to establish the enterprise which contradicts Paragraph 1 of the commented article.
***Test of validity of the documents is carried out on the basis of the extract from Regulations on passport of the citizen of Russian Federation approved by Decree No. 828 of the Government of Russian Federation of July 8, 1997 "...the passport is considered invalid if it contains markings (stamps, records, notes) not provided by Decree."
Natural persons registered on B2B-Center marketplace can participate only in the bidding for the sale of debtor's assets.
Thereby the System members who are the bankruptcy (tender) commissioners can organize and conduct bidding on the sale of debtor's assets.
See the bidding for the sale of debtor's assets at Marketplace>>.
For more information concerning organization and participation in the bidding for the sale of debtor's assets call on the number of Unified Client Support Service of B2B-Center (495) 989-85-19.