• What property can be bought at auction on a public offer
• The procedure for conducting a public offer
• How to find and buy gold objects according to the Sherlock Holmes method
• Where can I buy lots from the public

So, let's understand how to buy property from a public auction step by step..

Of course, for people with an economic or legal education this question won't be very interesting. But for those who are just starting to learn the subtleties of earning on such auctions material will certainly come in handy.

What property can be bought at auction on a public offer

A public offering usually sells:

• property that is in state or municipal ownership, put up for sale at a classic auction, but the auction for which was unsuccessful;
• confiscated property values ​​of a person who owes money credit institution or a company officially declared bankrupt.

Note that the implementation of the second option can be carried out only on the condition that the first and second auctions at the standard auction turned out to be unsuccessful or were declared invalid. This requirement is regulated in the legislation of the Russian Federation.

From the point of view of buying things at such auctions, they are very profitable., because the price here is moving in the opposite direction. Buy, for example nice apartment at prices that are far below market rates.

In order to properly conduct business at such events, it is important to know the order of their conduct. The structure must be understood, first of all, in order to avoid mistakes when conducting trading.

The procedure for conducting a public offer

1. Modern auctions with a public offer are carried out via the Internet. It is convenient and saves a lot of time.
2. The bidding agency without fail announces the auction through the media. The publication is carried out in the form of a notice, which indicates the most important information about the upcoming auction: the form of holding, a description of the property to be sold, information about the organizer, the bankrupt, the bankruptcy trustee, the starting price, the amount of the deposit, the main stages of the auction, the period of the auction.
3. The highest (starting) price per lot must be lower than at the previous auction. The reduction is set in the range of 10-20%.
4. The deposit is transferred to the organizer of the auction in advance set time. The amount of the deposit can be affected by the starting price, as well as the value of the goods.
5. Reception of applications for participation in the auctions are accepted in a certain period. It usually lasts up to two weeks.
6. The question of the number of stages and their time interval is being solved. For example, three periods of four days.
7. The most important setting parameter is the so-called price reduction step. For example, at the end of each subsequent period, the price decreases by 10%.
8. Each period can be used by a bidder once to set its own price.
9. The winner of the auction is determined as follows. Within a particular stage, the winner is the one who offers the highest price (I agree latest amendments in legislation).
10. At the discretion of the organizers, the auction may end at the first stage, subject to the presence of at least one application. Sometimes auctions are held in full and the winner is called at the end.

How to find and buy gold objects according to the Sherlock Holmes method

For a more detailed overview of the method, read this article: Sherlock Holmes Bankruptcy Bidding - A scam or a working model of auctions?

Where can I buy lots from the public

If such auctions are constantly organized, then where can i see the auctions and submit applications? Everything is quite simple. It has already been mentioned above that auctions on a public offer are held in electronic format.

There are special resources that collect announcements of such auctions from all over the country. Such sites are called aggregators. On them, the user can easily, using a convenient filtering system, find a lot that he likes.

In addition, you can always find offers on sites trading floors where bankruptcy proceedings are being organized. For example, Sberbank-AST, Fabrikant, Lot-Online.

In addition, according to the law, all information about the auction published on the Federal resource and in the Saturday issue of the Kommersant newspaper.

This is the basic basic information about what a public offering is. As for the intricacies of trading, they must be studied in practice. You need to understand that experience comes along with the number of transactions, so if you want to find good offer and buy property favorable price, then start by choosing an aggregator and analyzing the market.

Belyaeva Olga Aleksandrovna - Leading Researcher of IZiSP, Candidate of Legal Sciences.

As you know, auctions (auctions, competitions) are an inevitable consequence of market relations when there are no firmly fixed prices. According to S.E. Zhilinsky, the main purpose of any auction is to establish objective prices for goods (works, services)<1>. It would be more accurate to say that auctions are used largely to exclude the influence of sellers and buyers on the formation of the price of property, works or services. The determination of the price is economic function bidding, while from a legal point of view they remain one of the ways to conclude a contract.

<1>See: Zhilinsky S.E. Business law (legal basis entrepreneurial activity): Textbook for universities. 5th ed., revised. and additional M., 2004. S. 402.

The auction demonstrates the optimal combination of economic and legal functions of the auction, because it is aimed not only at concluding an agreement with the winner of the auction (legal aspect), but also at determining the "best" price of such an agreement (economic aspect)<2>. AT recent times Auctions are very idealized, they are presented as an advanced way to determine the market price of any property, while with little demand, auctions can turn into a formalized and inconvenient procedure. "Small demand" leads to the recognition of the auction failed when it does not achieve its main goal - the conclusion of a contract of sale or other agreement. In paragraph 5 of Art. 448 of the Civil Code of the Russian Federation, there is only one reason for declaring the auction invalid: the receipt of one application by the organizer of the auction. How the organizer of the auction should act after this is not determined by the norms of the Civil Code of the Russian Federation. This issue is resolved in acts of special legislation in relation to that area. public relations where bidding was used. Moreover, there is no single approach: in some cases, special acts determine limit quantity possible bidding (first, repeated, etc.), in others, they provide for a transition to other procedures for concluding a contract, as well as bidding based on the principles of competitiveness.

<2>Russian legislation is now definitely gravitating towards the widespread use of auction procedures. Traditionally, auctions are used in the course of enforcement proceedings, the sale of the subject of mortgage, for the sale of the debtor's property during bankruptcy. There are also atypical phenomena, such as: auctions for the transfer of the right to a single technology (Articles 1547, 1548 of the Civil Code of the Russian Federation, Federal Law of December 25, 2008 N 284-FZ "On the Transfer of Rights to a Single Technology").

In this regard, it is interesting to analyze such a method of concluding an agreement as "sale of property through a public offer", the grounds and scope of its application, distinctive features compared to the auction. Such an analysis is necessary in order to prevent confusion of similar procedures for concluding a contract, incorrect application legal regulations in case of disputes.

By means of a public offer, the following may be sold: 1) state or municipal property after an auction for its sale has not taken place; 2) the debtor's property at the stage of bankruptcy proceedings, if the first and repeated auctions for its sale were declared invalid and the sale and purchase agreement was not concluded (clause 4, article 139 of the Federal Law of October 26, 2002 N 127-FZ "On Insolvency ( bankruptcy)") (hereinafter referred to as the Bankruptcy Law).

It should be noted that the scope of sale through a public offer is not limited to these cases, and in practice this procedure for concluding an agreement is actively used by various business entities.

The current legislation does not contain general rules for the sale of property through a public offer, the provisions of the Federal Law of December 21, 2001 N 178-FZ "On the privatization of state and municipal property"(hereinafter referred to as the Privatization Law) and the Bankruptcy Law in terms of regulating this procedure are not identical.

Privatization tenders can be held only once, repeated tenders should not be held. Moreover, the Privatization Law does not provide for any consequences of the failed privatization competition. If the privatization auction is declared invalid, then in the future the property must be sold through a public offer (Article 23 of the Privatization Law). Thus, the sale of property through a public offer follows the announcement that the first and only privatization auction has failed.

This provision of the Law on Privatization is not always correctly interpreted by the courts when resolving disputes related to the recognition of auctions as failed. Thus, the Federal Antimonopoly Service of the Far Eastern District noted that the Law on Privatization does not prohibit the owner from re-putting property up for auction in the event of a failed first auction, so it is not necessary to sell property through a public offer after the first failed auction sales <3>. Such a position of the court seems to be highly disputable, since the lack of permission in the Law on Privatization to conduct a second auction should be regarded as a prohibition on such an action. This conclusion is due to certain specifics of the legislation on privatization: although the privatization process is based on many principles civil law However, it also has an administrative and legal character.<4>.

<3>See: Decree of the Federal Antimonopoly Service of the Far Eastern District of February 20, 2007 N F03-A51 / 06-1 / 5216 in case N A51-10740 / 2006-2-218 // ATP "ConsultantPlus".
<4>See: Belyaeva O.A. Challenging the privatization auction // Civilist. 2008. N 1. S. 50.

The norms of the Law on privatization have a wide range of tools for the sale of state and municipal property. The sale can be carried out in stages using the procedures established by the Law: auction - sale of property through a public offer - sale of property without declaring a price. Each subsequent procedure is applied if the previous one was not successful, i.e. the property was not sold (privatized). In particular, it is unlawful to sell state or municipal property following a failed auction without declaring a price, while skipping the sale procedure through a public offer.

Auction and sale through a public offer are independent methods of privatization, although they have a number of common features. These procedures are carried out by the same seller in relation to the same property, and these procedures are carried out if the previous method of privatization has not justified itself, i.e. property has not been removed from state (municipal) ownership<5>.

<5>On the relationship between the auction and the sale of state or municipal property through a public offer, see also: Commentary on judicial and arbitration practice. Issue. 16 / Ed. V.F. Yakovlev. M., 2009. S. 177 - 189.

Sale through a public offer is a public offer (clause 1, article 23 of the Privatization Law, clause 2, article 437 of the Civil Code of the Russian Federation). In turn, the registered application is the acceptance of a public offer (acceptance) on the conclusion of a contract for the sale of state or municipal property<6>. Here there is a manifestation of the principle of "mirror correspondence" of the acceptance to the offer, which is adhered to by domestic law, requiring that the acceptance be complete and unconditional, and recognizing the acceptance on other conditions as a counter-offer (Articles 438, 443 of the Civil Code of the Russian Federation). "Mirror correspondence" means that the contract can be concluded only if the will of the parties fully coincides, i.e. upon reaching full agreement on all terms of the contract.

<6>In paragraph 6 of the Regulations on the organization of the sale of state or municipal property through a public offer, approved. Decree of the Government of the Russian Federation of July 22, 2002 N 549 specifies that the application must contain an indication that the applicant fully and unconditionally accepts the public offer for the sale of property, is familiar with the draft contract for the sale of property, published simultaneously with the information message, and undertakes to conclude a contract at the price of the offer indicated in it.

M.I. Braginsky accurately noted that "of the two constitutive signs of bidding - publicity and competition - when selling property through a public offer, only one remains - publicity. In this case, there is no sign of competition"<7>. V.V. Dolinskaya also emphasizes that it is precisely the presence of an element of competition that the conclusion of a contract at an auction differs from the usual way of arising contractual obligations by accepting an offer.<8>.

<7>Braginsky M.I. Competition. M., 2005. S. 44.
<8>See: Dolinskaya V.V. Bargaining: general characteristics and types // Law. 2004. N 5. S. 3.

Of course, these judgments are partly true. But, in my opinion, a certain competitiveness is still characteristic of a public offer, and therefore this procedure is in a sense similar to an auction. Competitiveness is expressed here not in the offer of the highest price, but in the speed of filing an application, since the priority right to conclude a contract for the sale of property is given to the person who is the first to offer to pay the price of the initial offer for it<9>. When selling through a public offer, the competitiveness of potential buyers is, of course, minimized, because this method of sale is used only when the auction has not taken place, for this reason the procedure for selling property has been significantly simplified.

<9>The price of the initial offer is set not lower than the initial price specified in information message on the sale of property at an auction declared invalid (paragraph 2, clause 2, article 23 of the Privatization Law).

Nevertheless, there are situations that clearly demonstrate the competitive nature of the sale of property through a public offer. Thus, there are frequent cases when not a single application is submitted to the privatization auction, and during the procedure for the sale of property through a public offer, a queue of applicants is lined up to the seller. It is interesting that the competition between two or more potential buyers of state (municipal) property makes it impossible to objectively determine the application that should be registered, since the regulatory procedure for conducting a sale through a public offer in such a situation is not defined. By and large, in such a case, the first application should be accepted from the representative who actually managed to be the first to enter the premises (room) for receiving applications and be the first to put his application on the table to the registrar (representative or employee of the seller).

It is clear that the use of one or another method of privatization should pursue the goal of selling property at the most favorable price for the seller and adequate to the state of the market. But in reality, it turns out that the presence of several applicants for the acquisition of property does not in itself indicate the illegality of the sale of state or municipal property through a public offer, if initially there were conditions for choosing such a method of privatization (recognition of the previously scheduled auction as invalid). Therefore, the statement about the need to conduct a second auction due to the presence of several buyers of property will not be based on the norms of the Privatization Law.

At the same time, the fact that there are several potential buyers clearly indicates that such a method of privatization as sale through a public offer does not correspond to the level of commercial demand for property and inevitably leads to the alienation of property at a lower price.

Consequently, the presence of several applicants for the acquisition of state or municipal property subject to sale is a prerequisite for such a method of privatization. state property like an auction (competition). Therefore, as judicial and arbitration practice in this category of disputes shows, the Privatization Law needs to be improved in this part.<10>.

<10>For disputes related to the determination of the first applicant for filing an application, see: Resolution of the Federal Antimonopoly Service of the North-Western District of March 10, 2009 in case N A26-1528 / 2008; Decree of the FAS of the Moscow District of December 21, 2006 N KG-A40 / 12078-06 in case N A40-4837 / 06-48-17 and so on. // SPS "ConsultantPlus".

With regard to the use of a public offer during bankruptcy, the sale of the debtor's property at the stage external management carried out by holding the first and repeated auctions (clause 18, article 110 of the Bankruptcy Law). The Bankruptcy Law does not describe the possible actions of an external manager in the event that both the first and repeated auctions do not take place due to the complete absence of applications from applicants. Therefore, it should be assumed that the unsuccessful holding of repeated auctions during the period of external administration should mean a fundamental refusal of the meeting (or committee) of creditors to sell the debtor's property as such.

At the same time, it is impossible to refuse to sell the debtor's property during bankruptcy proceedings, since in any case the bankruptcy trustee needs to collect cash for settlements with creditors. Therefore, if the auction during the bankruptcy proceedings does not take place twice (neither the winner of the auction, nor the second participant, nor sole member do not conclude a sale and purchase agreement, or no application will be submitted for the auction), the bankruptcy trustee must sell the debtor's property through a public offer.

The insolvency practitioner, when publishing a notice of the sale of property through a public offer, is obliged to report the initial sale price, the amount and periods of its gradual reduction. If no applications for the acquisition of property are received, the price is reduced in the manner prescribed in the notice, and a new period of waiting for applications from interested parties begins. The buyer is the one who first submits an application for the acquisition of property at a price that is not lower than the initial one in this period. Unlike privatization legislation, the Bankruptcy Law does not provide for the so-called cut-off price (the minimum price at which privatized property can be sold). It can be concluded that the analogue of the "cut-off price" is the minimum sale price determined by the debtor's management bodies. However, there is also an opposite position. Thus, the Federal Antimonopoly Service of the North Caucasus District noted that the legislation does not provide for the coordination of the minimum sale price of property not sold at auction and subject to sale through a public offer with the debtor's management bodies.<11>.

<11>See: Resolution of the Federal Antimonopoly Service of the North Caucasus District of April 10, 2009 in case N A32-15196 / 2007-60 / 413-B.

The need for a clear distinction between the auction and sale through a public offer is due to a number of reasons. Thus, in judicial and arbitration practice there is no uniform approach to the consideration of such disputes. In some cases, the courts justifiably refuse to qualify a sale by public offering as an auction.<12>; in others, they resolve disputes related to this procedure, according to the rules established for contesting tenders<13>.

<12>See: Decree of the FAS of the Moscow District of August 25, 2009 N KG-A40 / 8030-09 in case N A40-79728 / 08-73-270.
<13>See: Decree of the Federal Antimonopoly Service of the Volga-Vyatka District of October 20, 2008 in case N A82-11517 / 2007-56.

In addition, the verbatim wording of paragraph 4 of Art. 139 of the Bankruptcy Law sounds like "an auction for the sale of the debtor's property through a public offer." The regulation of this procedure in the Bankruptcy Law is a reference, almost all the provisions of Art. 110 of the Bankruptcy Law, which regulates the procedure for conducting auctions.

It seems that this is not a completely correct approach, sale through a public offer is not a type of auction, if only because it does not correspond to many of the formal characteristics of the auction.<14>.

<14>It is interesting to note that the sale of property through a public offer is mentioned in the legislation of the Republic of Uzbekistan, in which there is also a widespread confusion of concepts. In particular, in the Decree of the Cabinet of Ministers of the Republic of Uzbekistan dated April 18, 2003 N 188 "On measures to increase the efficiency of the ongoing restructuring and financial recovery of economically insolvent enterprises" (IPS "Legislation of the CIS countries"), the sale of property on the basis of a public offer is considered as a procedure that is excellent from auctions, in another is called direct bidding subject to a public offer or a direct contract on the terms of a public offer. In the Republic of Moldova, sale through a public offer is a method of privatization in which state shares are put up for sale to citizens of the Republic of Moldova for a certain period of time. set price through a financial institution that has a network of branches on the territory of the Republic (clause 2 of the Decree of the Government of the Republic of Moldova of April 8, 1998 N 396 "On approval of the Regulation on the sale of shares through a public offer" // IRS "Legislation of the CIS countries").

Firstly, the auction, both in the process of privatization and in the course of bankruptcy, is carried out with the obligatory payment of deposits by applicants for participation in it. The sale of property through a public offer does not provide for the collection of deposits. The reason for this is quite simple. Conducting an auction is a rather lengthy process and consists of the following stages: notification of an auction - holding an auction and determining its winner - processing the auction results - concluding an agreement with the winner. The condition for admission of the applicant to participate in the auction, among other things, is the timely payment of the deposit. When selling property through a public offer, comparison of applications is not carried out, since the procedure is terminated at the time of registration of the first application (acceptance of a public offer). Pre-payment of deposit money does not match the price of the initial offer, so it does not make sense.

Secondly, the auction is a "face-to-face" procedure. An auction held with the submission of bids in an open form assumes the joint presence of participants at the auction for oral communication to the auctioneer of their bids. If price proposals are submitted by auction participants in a closed form (in sealed envelopes), then not the participants themselves are "jointly present" at the auction, but their closed written proposals. The simultaneous opening of the envelopes on the day of the auction is aimed at comparing these proposals and determining the best of them.

When selling property through a public offer, bids do not compete with each other either orally or when they are announced at the same time. Even if we assume that there will be two or more participants in this procedure, it will be held in absentia. The algorithm for its implementation will be as follows: message about the sale - application - registration of the application - conclusion of the contract; or: message about the sale - application - refusal to register the application - next order in sequence - conclusion of the contract. In any case, applications are not considered jointly, but only in turn, i.e. the subsequent application is considered by the organizer of the procedure only if the registration of the previous application is refused.

Thirdly, the auction is held in strict accordance with the conditions that were previously announced in the information message. The fundamental condition of the auction is the initial price of the property, which must be increased by the participants during the auction. If one bid is submitted for participation in the auction or no bid is submitted, the auction is recognized as failed. In other words, the procedure ends without having begun, the auction is announced, but not held. The organizer has no right to change the conditions of the auction in order to encourage potential bidders to submit applications.

In turn, the sale of property through a public offer due to the lack of applications does not end. It is divided into periods, after each of which the offer price is consistently reduced by a pre-announced amount.<15>. Therefore, the acceptance of a public offer is an application for the acquisition of state or municipal property at a price set in the current period.

<15>In the course of privatization, the period of successive price reduction must be at least three days (subclause "a", clause 3 of the Regulations on the organization of the sale of state or municipal property through a public offer, approved by Decree of the Government of the Russian Federation of July 22, 2002 N 549), for practice, as a rule, the price is reduced weekly. At the stage of bankruptcy proceedings, this period is determined by the meeting (or committee) of creditors (clause 7, article 110 of the Bankruptcy Law).

Fourthly, in case of a public offer of state (municipal) property, the right to acquire it belongs to the first applicant, so the best price is always the price of the initial offer. In the course of the auction, on the contrary, the highest price is determined, determined by the results of the competition (competition, competition) of auction bids. If the auction is held with the submission of price proposals in an open form, first the participants confirm the initial price by raising their cards. Then they declare their own prices, raising them in accordance with the auction step or by announcing the price in an amount that is a multiple of the auction step. If the auction is held using sealed envelopes, then the price offer of any participant is equal to or higher than the initial sale price<16>.

<16>See: Regulations on the organization of the sale of state or municipal property at auction, approved. Decree of the Government of the Russian Federation of August 12, 2002 N 585 (p. 15, 16).

However, in this part the provisions of the Bankruptcy Law differ from the privatization legislation. The fact is that the application for the acquisition of the debtor's property through a public offer does not coincide with the price of the initial offer, it must be higher than it, although it has not been established how much higher. However, there is no price competition between bidders, since the acceptance of the first bid means the end of the sale of property through a public offer. In other words, it is hardly possible to consider an application for the acquisition of property as an acceptance, since it does not coincide with the price reported in the offer (public offer). It should be noted that in legal science there has been a departure from the strict formula of "mirror correspondence of the acceptance to the offer", which is criticized as not corresponding to the interests of modern civil circulation and significantly complicating the procedure for concluding a contract.<17>.

<17>See: Kucher A.N. Theory and practice of the pre-contractual stage: legal aspect. M., 2005. S. 159, 164; Puginsky B.I. Commercial Law of Russia. M., 2000. P. 134. The Concept for the Development of Civil Legislation (approved by the President of the Russian Federation on October 7, 2009 // Bulletin of the Supreme Arbitration Court of the Russian Federation. 2009. N 11) notes the need for a more flexible and differentiated legal regulation business relations regarding acceptance of acceptance on other terms.

Suppose that in the current period the initial sale price is 1 million rubles. Today, the bankruptcy trustee received an application for the acquisition of property in the amount of 1.1 million rubles. Therefore, the sale by public offering should be stopped. Where is the guarantee that the next day the manager will not receive an application in the amount of 1.5 million rubles. or more? In my opinion, the provisions of the Bankruptcy Law in this part are inconsistent. Differences in price proposals are a prerequisite for auctions, especially since the Bankruptcy Law also mentions "the winner of the auction for the sale of the debtor's property through a public offer." Although there certainly can't be a "winner" in this procedure for the simple reason that there is no comparison of price bids, the procedure ends when the first bid is accepted. Perhaps we can talk about the victory over some hypothetical rivals who simply did not have time to come to the manager with their applications.

In this regard, the approach of the Privatization Law seems to be more successful: a public offer is a public offer, and an application for the acquisition of property is an acceptance of a sales contract. In this case, the organizer of the procedure is not bound by doubts about the possible higher price of acquiring the property.

By the way, the previous rules on the sale of the debtor's property in the course of external administration were more similar to an auction than the current provisions of the Bankruptcy Law.<18>. So, if the auction failed three times, the meeting (or committee) of creditors could instruct the external manager to sell the debtor's property through a public offer. In this case, the manager published a notice about the sale and within one month collected the received applications for the acquisition of property. Then, based on the results of comparing these applications, the managers determined the best price, in accordance with which the purchase and sale agreement was concluded with its applicant. Thus, the element of comparing price offers, although without any formalities characteristic of an auction, the public offer of the debtor's property was in some way similar to an auction.<19>.

<18>It is about Art. 110 of the Bankruptcy Law before revising it in accordance with the Federal Law of December 30, 2008 N 296-FZ.
<19>See also: Belyaeva O.A. New trading rules during bankruptcy // Economy and law. 2009. N 8. S. 101 - 108.

The ways of concluding a contract in modern civil circulation are very diverse; competitiveness in its various manifestations can be inherent not only in bidding, but also in other mechanisms for concluding a contract. Comparison of the auction procedure with the sale of property through a public offer demonstrates not only the need for their consistent differentiation in law enforcement practice, but also the feasibility of modernizing the provisions of Art. 139 of the Bankruptcy Law. It seems unacceptable that the same procedure in the case of privatization and in the case of bankruptcy proceedings is currently carried out according to different rules. In my opinion, the best is legal regulation sale of property through a public offer, given in the Privatization Law.

Bibliographic list

Belyaeva O.A. New trading rules during bankruptcy // Economy and law. 2009. No. 8.

Belyaeva O.A. Challenging the privatization auction // Civilist. 2008. No. 1.

Braginsky M.I. Competition. M., 2005.

Dolinskaya V.V. Bidding: general characteristics and types // Law. 2004. No. 5.

Zhilinsky S.E. Entrepreneurial law (legal basis of entrepreneurial activity): Textbook for universities. 5th ed. M., 2004.

Kucher A.N. Theory and practice of the pre-contractual stage: legal aspect. M., 2005.

When selling the assets of bankrupt persons, such a procedure is carried out as the sale of property through a public offer. As with competitions or auctions, participants in the process compete with each other by increasing the price for which they are willing to purchase a particular object. However, in this case, you can start the fight with a much smaller amount compared to the original cost of the item being sold. Let's consider what public offers for the sale of debtors' property are and how the sale is carried out.

When are auctions held

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

There are 2 submission forms

According to the statistics of the Ministry of Economic Development, more than 90% of primary and repeated auctions fail. For this reason, the most common format for the sale of property of indebted individuals and legal entities is becoming a public offer. This procedure differs from standard auctions in that at certain intervals the price of the object being sold does not increase, but decreases. At the same time, the amounts are sometimes reduced even by tens of millions of rubles.

The winner of public auctions is the one who declares participation in the process within the established period and offers a price higher than the initial sale price of the lot. When applications are submitted by several citizens, the right to acquire the debtor's property passes to the participant who offered the maximum price for the item being sold. If two or more persons offer the same amount, the object is transferred to the one who first applied for participation. When the winner is determined, the acceptance of applications ends.

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

Clause “a” of part 17 of the Regulations on the organization of the sale of state or municipal property through a public offer also indicates that the sale of property is carried out no later than fifteen working days from the date of determining the participants. 7. Sale by means of a public offer is carried out using an open form for submitting proposals for the acquisition of property within one working day and within one procedure. Participants in the sale of property are given numbered cards. By raising such cards, participants must submit their offers to acquire property after the announcement of the initial offer price and the offer price, which is added if the reduction step is applied. The sale is carried out by the host in the presence of an authorized representative of the seller, who starts the sale with his announcement of the opening of the sale of the property.

The procedure for the sale of property through a public offer.

The unsold property of a bankrupt is given a third attempt to find a new owner for himself - the sale of property through a public offer is appointed. In this form of bidding, everything is the same as in an auction or competition - the one who offers the highest price for the property wins. However, in the public offer there are so-called periods of decrease in the initial cost, and there are several such periods.

You can call a public offer - matryoshka. In fact, within the framework of such a “matryoshka” there is the possibility of holding several auctions or competitions with a gradual decrease in the initial cost of the property. If the auction at the very initial cost did not take place during the specified period, then the next period begins, in which the initial value is reduced by a previously determined amount.

Bidding through a public offer

At auctions and competitions, bidders compete with each other for the purchase of property, increase the established initial value, stopping at the one for which they are ready to buy the subject of auction. The struggle between the participants manifests itself in a gradual increase in the final value of the property. HOW DOES A PUBLIC OFFER BEGIN In addition to auctions and competitions, when selling bankrupt property, a procedure is carried out such as the sale of property through a public offer.

There is also an initial cost, and participants compete with each other by raising the price for which they are willing to buy property. However, in a public offering it is possible to start at a much lower cost than originally set. So, the auction held twice (auction or competition) did not take place.

Sale of property through a public offer.

A sale by means of a public offer, in which only one participant took part, shall be recognized as failed. 7. The applicant is not allowed to participate in the sale through a public offer for the following reasons: 1) the submitted documents do not confirm the right of the applicant to be a buyer in accordance with the law Russian Federation; 2) not all documents are submitted in accordance with the list specified in the information message on the sale of state or municipal property, or registration specified documents does not comply with the legislation of the Russian Federation; 3) an application for participation in the sale through a public offer has been submitted by a person who is not authorized by the applicant to carry out such actions; 4) the receipt of the deposit on the accounts indicated in the information message within the established period is not confirmed. (pp.

public offer. when the sale price goes down.

Info

That is, in fact, "bidding" can be considered the procedure for comparing the submitted price proposals. In accordance with the new procedure for bidding through a public offer, set out in clause 5.2. Order No. 495, all registered applications for participation in the auction are sent by the operator electronic platform to the organizer of the auction no later than thirty minutes after the end of the trading period.

Sale of property by public offering in bankruptcy proceedings

of the Regulations, the amount of reduction in the initial sale price of the property/lot and the period after which the specified initial price is consistently reduced are indicated. 9.4. The initial sale price of the property/lot through a public offer is set at the initial price indicated in the notice of the sale of the property/lot at the repeated auction. 9.5. The amount of reduction in the initial sale price of property is set at 14% (fourteen) percent of the initial sale price of property at auction through a public offer.
At the same time, the period after which the sale price of property is consistently reduced in accordance with this clause is 3 (three) business days. The price reduction is carried out before the bidding stage, the price for which is set at 2% of the initial sale price of the property at the auction through a public offer (cut-off price).

Sale procedure

Prior to the entry into force of the amendments provided for by Law No. 432-FZ to Federal Law No. 127-FZ of October 26, 2002 “On Insolvency (Bankruptcy)” (hereinafter referred to as the Bankruptcy Law), which amended clause 4, art. 139 of this law, the sale of the debtor's property through a public offer provided for the recognition as the winner of the auction - the participant in the auction, who was the first to submit an application for participation in the auction within the prescribed period, containing a proposal for the price of the debtor's property, which is not lower than the initial sale price of the debtor's property established for a certain period of holding trades. In fact, the nature of the public offer was analogous to the acceptance of an offer, by analogy with Art. 438 of the Civil Code of the Russian Federation. The debtor, represented by the organizer of the auction, offered an unlimited number of persons to purchase property at a price valid for a certain period of the public offer.

Applications must be accepted for at least twenty-five days. One person has the right to submit only one application. Recognition of applicants as participants in the sale through a public offer is carried out within five working days from the date of the deadline for accepting applications. Sale by means of a public offer shall be carried out no later than the third working day from the date of recognition of applicants as participants in the sale by means of a public offer.

(Clause 4 as amended by Federal Law No. 180-FZ of June 29, 2015) (see the text in the previous edition) 4.1. In order to participate in the sale through a public offer, the applicant shall make a deposit in the amount of 20 percent of the initial price indicated in the information notice on the sale of state or municipal property. The document confirming the receipt of the deposit to the account specified in the information message is an extract from this account. (P.
This term, related to the auction, is in demand when selling property through a public offer, since a situation may arise in which several participants at once confirm the initial offer price or the offer price that has developed on one of the reduction steps. In this case, in accordance with part 5 of the commented article, an auction must be held with all participants in the sale, providing for an open form for submitting proposals for the price of property. The initial price of the property during the auction will be considered equal to the price of the initial offer or the offer that has developed at a certain step of reduction.

3. Paragraph 2 of the commented article determines the content of the information message about the sale through a public offer. In addition to the information referred to in Art.

Attention

Bankruptcy Law, according to which the deadline for submitting bids for participation in the auction must be at least 25 working days from the date of publication and posting of the notice of the auction, as well as the obligation of the organizer of the auction not later than 30 days before the date of the auction to publish a notice of sale of property. This state of affairs led to the fact that the organizer of the auction could start accepting bids in a public offer the next day after the announcement of the auction was published, receive the first bid on the first day, stop accepting bids and conclude a contract for the sale of property. Complaints against such actions of the organizers of the auction have been repeatedly considered both by the courts and by the bodies of the Federal Antimonopoly Service.

Who can be buyers of state property:

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

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

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

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

Documents submitted by buyers of state property

1. Request

Legal entities shall attach to the application:

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

Individuals attached to the application:

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

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

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

3. These documents (including each volume) are also accompanied by their inventory.

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

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

One person has the right to submit only one application.

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

Sale by public offering

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

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

The "auction step" is set at a fixed amount, not more than 5 percent of the "down step", and does not change during the entire sale procedure.

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

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

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

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

The sale is recognized as failed:

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

The procedure for the return of the deposit

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

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

The deposit is non-refundable

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

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

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

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

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