ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of February 10, 2009 No. 136

About approval of the Regulations on the auctions "from the hammer" and "on lowering"

Based on articles 40 and 42 of the Law on management of public property and its privatization No. 121-XVI of May 4, 2007. (The official monitor of the Republic of Moldova, 2007, Art. No. 90-93, 401), with subsequent changes and amendments, DECIDES: the Government

1. Approve Regulations on the auctions "from the hammer" and "on lowering" according to appendix No. 1.

2. Recognize invalid some orders of the Government according to appendix No. 2.

Appendix No. 1

to the Order of the Government of the Republic of Moldova of February 10, 2009 No. 136

Regulations on the auctions "from the hammer" and "on lowering"

I. General provisions

1. This Provision establishes procedure for the organization and holding the auctions "from the hammer" and "on lowering" (further - auction), conditions of participation in auctions and payments of cost of the privatized object.

2. The organization and holding auctions are based on:

preliminary publication of the information message about auction;

acquaintance of participants with the objects offered for auction and/or with results of their financial and economic activities;

ensuring free participation in auction and the equal rights for all participants, except for persons deprived of this right according to article 26 of the Law on management of public property and its privatization No. 121-XVI of May 4, 2007 and article 6 of the Law No. 174/2021 on the mechanism of consideration of investments, significant for state security;

priority of the maximum suggested price;

informing public on results of auction.

3. Sources of financial resources for the organization of auctions are formed from introduction of nonrecoverable payment for participation in auction which is transfered to account the organizer of auction.

4. The decision on exposure of objects to auction is made by the following bodies equipped with these functions according to the law:

a) The agency of public property (further - the Agency) - in case of privatization, transfer to lease / for rent / superficies of objects of public property of the state;

and-1) bodies of the central public management, – in case object of auction is the asset sale, not belonging to the real estate, including incomplete structures, the parcels of land, property complexes, non-residential premises, etc.;

b) bodies of public management of administrative and territorial units of the second and first levels, including the autonomous territorial entity Gagauzia - regarding property of administrative and territorial units, including property of the autonomous territorial entity Gagauzia;

c) governing bodies of commercial societies, the state/municipal companies, based on permission of relevant organs of public management - in case object of auction is sale or the choice by the employer of unused assets of the company.

5. Auctions will be organized by the authorized bodies specified in this Provision which have the right to delegate on the basis of the agreement of function on the organization of auctions to other legal entities.

II. Organization of auction

6. In cases of exposure to sale of objects of public property of the state, privatizeable, and transfers to lease / for rent / the superficies of objects of public property of the state the Agency the order create the Auction commission which structure joins three representatives of the Agency and on one representative of the Ministry of Economic Development and digitalization, the Ministries of Finance and bodies of the central public management in which management there are objects offered for auction and also one representative of the State Tax Administration. The structure of the Auction commission can include with the right of advisory vote also independent experts.

Representatives of the Agency, Ministry of Economic Development and digitalization and the Ministry of Finance participate and make decisions at all meetings of the Auction commission, representatives of bodies of the central public management participate with voting power only at the meetings providing sale of the objects which are in their management, the representative of the State Tax Administration - only on commission sessions selling distrained property.

Commission chairman is the representative of the Agency. The secretary is appointed from among representatives of the Agency and is not member of the commission.

7. In cases of exposure to sale of property of administrative and territorial units, privatizeable, the body of local public authority by the decision creates Auction commission of representatives of council of administrative and territorial units; representatives of council and primeriya of administrative and territorial unit, and also divisions subordinated to them, representatives of regional/local government boards; specialists in the field of privatization of the office of the chairman of the area, inspectors of the State Tax Administration, and in the territory of Kiev's anti-terrorist operation Gagauzia - from representatives of the body authorized by Executive committee. In cases of exposure to auction of objects of considerable importance can be attracted to administrative and territorial units, with the right of advisory vote, representatives of the Ministry of local public authority, competent divisions of GU "Inventory of Real Estate", and also independent experts.

8. In case of exposure to auction of the assets which are not used in activities of the companies for the purpose of their sale or acquisition of right of their hiring the Auction commission is created according to the procedure, the established Regulations on procedure for determination and asset sale, not used by the companies, the approved Order of the Government No. 480 of March 28, 2008. (Official monitor of the Republic of Moldova, 2008, Art. No. 69-71, 458).

9. Meetings of the Auction commission are competent if at least 2/3 of her members participate in them, taking into account provisions of Items 6 and 7, and its decisions are made by open voting by a simple majority vote. Decisions of the Auction commission are fixed in the protocol signed by all members with voting power who were present at meeting.

10. The auction commission has the following obligations:

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info