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Ministry of Justice of Ukraine

January 28, 2021

No. 108/35730

DECISION OF EXECUTIVE DIRECTORATE OF FUND OF GUARANTEEING HOUSEHOLD DEPOSITS OF UKRAINE

of December 7, 2020 No. 2056

About pilot project on provision in real estate lease of bank which liquidation procedure is performed by Fund of guaranteeing household deposits, way of carrying out open tenderings (auctions)

(as amended on 25-10-2021)

According to Item 10 parts one, parts six of Article 12 and part five of article 51 of the Law of Ukraine "About system of guaranteeing household deposits", for the purpose of minimization of expenses of banks which liquidation procedure is performed by Fund of guaranteeing household deposits, executive directorate of Fund of guaranteeing household deposits of RESHILA:

1. Enter till November 30, 2022 pilot project on provision into real estate lease of bank which liquidation procedure is performed by Fund of guaranteeing household deposits, way of carrying out open tenderings (auctions).

2. Approve Regulations on pilot project on provision in real estate lease of bank which liquidation procedure is performed by Fund of guaranteeing household deposits, way of carrying out open tenderings (auctions) which is applied.

3. To provide to department of methodology and strategic planning together with legal department submission of this decision to the Ministry of Justice of Ukraine for state registration.

4. For public relations and the international organizations to provide to management placement of this decision on the official page of Fund on the Internet after its state registration.

5. This decision becomes effective from the date of, its official publication following date.

6. Control over the implementation of this decision to leave for the managing director.

Managing director

C. Recruit

 

It is approved:

First Deputy Minister of digital transformation of Ukraine

 

A. Vyskub

Approved by the Decision of executive directorate of Fund of guaranteeing household deposits of Ukraine of December 7, 2020 No. 2056

Regulations on pilot project on provision in real estate lease of bank which liquidation procedure is performed by Fund of guaranteeing household deposits, way of carrying out open tenderings (auctions)

1. Action of pilot project for provision in real estate lease of bank which liquidation procedure is performed by Fund of guaranteeing household deposits (further - bank) by carrying out open tenderings (auctions) (further - pilot project) extends to transfer to real estate lease of bank, except real estate which:

it is transferred Fonda of guaranteeing household deposits (further - Fund) to use according to part ten of article 36 of the Law of Ukraine "About system of guaranteeing household deposits";

it is leased to other bank which liquidation procedure is performed by Fund of guaranteeing household deposits;

is the location of the equipment which is independent or part of specialized hardware and software system of bank which provides or provided operability of storages of databases, file services, servers of authorization, virtual servers, servers of banking applications, e-mail, the communication equipment, Internet access, other technical means, documents and information on activities of such bank;

it is transferred to the third party under the agreement of property management;

belongs to bank concerning which powers of Fund as the liquidator are performed by Fund directly.

2. The bank real estate unit which is leased by bank within pilot project can be real estate which is not used in the current activities of bank and is not limited on its transfer to lease.

3. Real estate of bank within pilot project is leased by carrying out open tenderings (auction) in the form of electronic auction (further - electronic auction) by method of step-by-step decrease in the starting price (the starting rent) and the subsequent submission of price offers.

4. Within pilot project the bank, in case of intention of further leasing of real estate units, terms of lease agreements on which come to the end, addresses to Fund with the offer of holding electronic auctions on provision in lease of such objects not later than two months before completion of terms of current agreements of lease.

5. Determination of the rent and conditions of holding electronic auctions on the conclusion of lease agreements of real estate units of banks within pilot project is performed according to the decision of executive directorate of Fund or relevant collegiate organ of Fund in case of delegation to it appropriate authority executive directorate of Fund, taking into account the following:

1) the starting rent to start electronic auction is established by the decision of executive directorate of Fund or relevant collegiate organ of Fund in case of delegation to it appropriate authority executive directorate of Fund in national currency of Ukraine at the rate of the amount of the rent in one month of lease including tax on value added;

2) the step of electronic auction constitutes one percent of the starting rent;

The total quantity of steps on which the starting rent can decrease constitutes 3):

at the first electronic auction - no more than 30 steps;

at the second electronic auction - no more than 40 steps;

at the third electronic auction - no more than 50 steps;

4) size of the guarantee fee of the participant of electronic auction:

constitutes five percent of the amount of the rent from calculation:

for year - if conditions of auction provide the conveyance of real property in lease for the term of one year and more;

for possible commissioning of the object of real estate in lease - if conditions of electronic auction provide the conveyance of real property in lease for term, smaller, than one year;

5) the sales price (rent) which developed in the course of running an electronic auction taking into account its decrease on quantity of steps of electronic auction, determined according to the subitem 3 presents of Item concerning lease of the real estate unit which lease term expires cannot be less extreme size of sales price (rent), the Fund established by the decision of executive directorate or relevant collegiate organ of Fund in case of delegation to it appropriate authority executive directorate of Fund.

6. Within pilot project the starting rent, total quantity of steps at electronic auction, the size of the guarantee fee, the extreme size of sales price (rent), the draft agreement of lease and other data determined by the decision of executive directorate of Fund or relevant collegiate organ of Fund in case of delegation to it appropriate authority executive directorate of Fund are specified in the announcement of running an electronic auction.

7. Essential provisions of the lease within pilot project are:

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