Document from CIS Legislation database © 2003-2022 SojuzPravoInform LLC

The document ceased to be valid since  April 2, 2015 according to the Item 1 Order of the Government of the Republic of Kazakhstan of April 2, 2015 No. 180

ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of June 4, 2003 No. 526

About approval of Rules of securities sale, currency values, jewelry and other products from precious metals, gemstones and pearls, and also scrap of such products and antiques withdrawn from the debtor and transferred to storage to the banks and the organizations performing separate types of banking activities

1. Approve the enclosed Rules of securities sale, currency values, jewelry and other products from precious metals, gemstones and pearls, and also scrap of such products and antiques withdrawn from the debtor and transferred to storage to the banks and the organizations performing separate types of banking activities.

2. This resolution becomes effective from the date of signing.

 

Prime Minister

Republic of Kazakhstan I. Tasmagambetov

Approved by the order of the Government of the Republic of Kazakhstan of June 4, 2003 No. 526

Rules of securities sale, currency values, jewelry and other products from precious metals, gemstones and pearls, and also scrap of such products and antiques withdrawn from the debtor and transferred to storage to the banks and the organizations performing separate types of banking activities

1. General provisions

1. These rules determine procedure and sales terms of the affined ingot gold, jewelry and other products from precious metals, gemstones and pearls, and also scrap of such products and antiques (further - values), securities in national and foreign currency (further - securities), cash foreign currency and payment documents which nominal is expressed in foreign currency (further - foreign currency), the executive documents withdrawn from the debtor by legal executives in case of forced execution and transferred to storage to the banks and the organizations performing separate types of banking activities.

2. Realization of values

2. Realization of values is made through the trade and specialized organizations having in the procedure established by the legislation rights to implementation of activities for tendering with values (further - the Organizer) at the biddings in the form of auction.

3. About exposure of the values withdrawn from the debtor to the biddings the legal executive issues the decree.

4. The relations arising in connection with realization of values between the legal executive and the Organizer are regulated by the agreement signed according to the civil legislation of the Republic of Kazakhstan.

5. The choice of the Organizer for tendering with values is performed with use of request for proposals about the cost of its services. The legal executive orally or in writing requests from potential Organizers written offers on the cost of services which may contain, in addition to the cost of the services, expense information of the potential Organizer included by him in the cost of services.

Each potential Organizer represents only one offer on the cost of its services.

6. The legal executive signs the contract for the organization and tendering on realization of the values withdrawn from the debtor with the potential Organizer who offered the smallest price for tendering.

7. The legal executive according to the signed agreement, represents to the Organizer the act of the inventory of the values withdrawn from the debtor containing their names, quantity and also determines date of the biddings. The organizer based on the act of the inventory provided by the legal executive constitutes information leaf which is handed to bidders.

8. Original price of values is determined by the legal executive based on the estimated value of values specified in the act of arrest.

9. The organizer constitutes information messages about the values offered for realization at the biddings and will organize their publication in periodic printing editions not later than 10 days before certain date of the biddings.

10. Information messages shall contain the following data:

subject, date, time and venue of the biddings, starting price;

address, time and terms of adoption of applications for participation in the biddings;

the size of the guarantee fee for participation in the biddings and current account details of territorial authority of authorized body on ensuring execution of executive documents on which the fee shall be listed warranty;

payment terms (terms of introduction of money) by the winner.

11. The physical persons and legal entities which granted stipulated in Item 14 these rules the sum of the guarantee fee and registered according to the procedure, stipulated in Item 12 these rules are allowed to participation in the biddings.

The legal executives and judges who passed the decision on enforcement proceeding on which the auction, and also members of their families and close relatives is held (parents, spouses, brothers and sisters, children or svoystvennikirodny brothers and sisters, parents and children of spouses) cannot take part in the biddings.

12. For registration as the bidder it is necessary to provide:

application for participation in the biddings;

identity document of the participant;

the payment document confirming introduction of the guarantee fee;

the document certifying powers of the representative;

legal entities in addition represent the copy of the certificate on state registration of the legal entity certified of the procedure established by the legislation;

foreign legal entities submit constituent documents with the notarized translation on state or Russian.

13. The organizer makes tickets for bidders who contain the following data:

number at which the buyer participates in the biddings;

the name of value on which the buyer participates.

14. The guarantee fee for participation in the biddings is established in the amount of 5 percent from estimated value of value.

The guarantee fee is enlisted on the current account of territorial authority of authorized body on ensuring execution of executive documents.

15. The guarantee fee of person who won the biddings belongs on account of purchase price.

The guarantee fee of the participant who did not win in the biddings returns after the end of the biddings.

If the cost of value will appear less amount of the guarantee fee, the difference between them returns the legal executive to person who won the biddings no later than three operational days from the date of tendering.

16. The auction is held by the Organizer and begin with the announcement of rules of their carrying out, the short characteristic of subject of sale, method of tendering, the starting price.

17. The biddings are considered taken place if at least two buyers participate in them.

18. During trading participants lift auction numbers and call the price.

19. The bidder who offered the highest price for value appears the winner.

20. The winner shall show to the legal executive or the Organizer the ticket of the participant and to sign the protocol on results of the biddings.

21. In the protocol the information about the buyer, the name of value, its starting cost and selling price are specified.

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