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RESOLUTION OF THE MINISTRY OF ECONOMICS OF THE REPUBLIC OF BELARUS

of April 1, 2019 No. 9

About the electronic biddings selling property in procedures of economic insolvency (bankruptcy)

(as amended on 20-05-2021)

Based on part three of article 127 of the Law of the Republic of Belarus of July 13, 2012 No. 415-Z "About economic insolvency (bankruptcy)", the paragraph of the twelfth subitem 5.7 of Item 5 of the Regulations on the Ministry of Economics of the Republic of Belarus approved by the resolution of Council of Ministers of the Republic of Belarus of July 29, 2006 No. 967, the Ministry of Economics of the Republic of Belarus DECIDES:

1. Approve the Instruction about procedure for the organization and carrying out the electronic biddings selling property in procedures of economic insolvency (bankruptcy) it (is applied).

2. Determine that:

2.1. the legal entities authorized by anti-recessionary managing directors on carrying out the electronic biddings selling property in procedures of economic insolvency (bankruptcy) according to service provision agreements on ensuring carrying out the electronic biddings on electronic trading platform (further - the operator of electronic trading platform), shall provide functioning of the electronic trading platform allowing to hold the electronic auction selling property according to the procedure, established by the legislation on economic insolvency (bankruptcy), with placement of the server hardware by means of which the electronic auction, in the territory of the Republic of Belarus, and also information exchange between electronic trading platform and the website www.bankrot.gov.by in the automatic mode is held. The specified legal entities also shall conform to the following requirements:

not be at liquidation stage;

not be the acknowledged court considering economic cases, the bankrupt with liquidation;

2.2. the republican unitary enterprise "Information Centre of the Ministry of Economics of the Republic of Belarus" posts on the global computer Internet on the website www.bankrot.gov.by the list of the legal entities offering services in carrying out the electronic biddings selling property in procedures of economic insolvency (bankruptcy) and corresponding to subitem 2.1 of this Item.

3. Declare invalid the resolution of the Ministry of Economics of the Republic of Belarus of November 21, 2012 No. 100 "About approval of Rules of tendering electronically in procedures of economic insolvency (bankruptcy)".

4. This resolution becomes effective in six months after its official publication.

Minister

D.N.Kruta

Approved by the Resolution of the Ministry of Economics of the Republic of Belarus of April 1, 2019 No. 9

The instruction about procedure for the organization and carrying out the electronic biddings selling property in procedures of economic insolvency (bankruptcy)

1. This Instruction determines procedure for the organization and carrying out the electronic biddings selling property (including receivables, the company of the debtor as property complex) in procedures of economic insolvency (bankruptcy) in the form of auction.

2. The electronic biddings will be organized by the anti-recessionary managing director.

3. For carrying out the electronic biddings the anti-recessionary managing director signs with the operator of electronic trading platform the service provision agreement on ensuring carrying out the electronic biddings on electronic trading platform.

4. The anti-recessionary managing director creates lots which can consist of one or several objects of the property exposed to sale by the debtor on the electronic biddings. During direct carrying out the electronic biddings lot is indivisible.

In case of recognition of the electronic biddings cancelled and decision makings about separation of lot exposed on such electronic biddings, or forming of other structure of lot the electronic auction with exposure of again created lot is held as announced for the first time.

Sale of the company of the debtor as property complex is carried out by single lot.

5. On lot exposed on the electronic biddings the price with which the electronic biddings begin (further - starting price), and the price below which it cannot be sold (further - minimum price) is established according to the legislation on economic insolvency (bankruptcy).

Minimum price of lot exposed on the electronic biddings is established by decrease in starting price no more than for forty percent.

6. The anti-recessionary managing director in coordination with meeting (committee) of creditors establishes the size of step of the electronic biddings which cannot constitute less than five percent of starting price of lot or the price for lot developing during the electronic biddings.

7. The notification on carrying out the electronic biddings (further - the notification) in form according to appendix 1 is placed the anti-recessionary managing director at least in thirty days prior to start date of the electronic biddings in the Unified state register of data on bankruptcy and on the website of the operator of electronic trading platform with which the service provision agreement on carrying out the electronic biddings is signed.

The anti-recessionary managing director in addition on the website of the operator of electronic trading platform with which the service provision agreement on carrying out the electronic biddings is signed places at least two images of subject of the electronic biddings (except for intangible assets) and if subject of the electronic biddings - real estate - at least three images from the different space provisions allowing to estimate comprehensively and visually technical characteristics, appearance of the subject of the electronic biddings exposed to sale.

In time, established by part one of this Item, the notification on carrying out the electronic biddings is placed on the global computer Internet concerning the real estate objects which are:

in republican property, - on the official site of republican state body on management of state-owned property;

in utility property, - on the official sites regional (Minsk city) executive committees.

8. After placement of the notification the anti-recessionary managing director provides open entry to everyone to subject of the electronic biddings of the address and in certain time according to the notification.

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