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Ministry of Justice of Ukraine
September 20, 2013
No. 1629/24161
of September 2, 2013 No. 626
About approval of the Procedure for the organization of holding auctions in bankruptcy proceeding and requirements to their organizers concerning property of the state companies which belong to the sphere of management of the Ministry of Energy and Coal Mining, and economic societies, the state share in which authorized capital exceeds 50 percent and concerning which the Ministry of Energy and Coal Mining performs powers on management of the state corporate laws
According to part three of article 49 of the Law of Ukraine "About recovery of solvency of the debtor or recognition by his bankrupt", the Law of Ukraine "About management of objects of state-owned property" and the Regulations on the Ministry of Fuel and Energy of Ukraine approved by the Presidential decree of Ukraine of April 06, 2011 No. 382, I ORDER:
2. To department of property, management of corporate laws and reforming of property (Dudka L. O.) provide in accordance with the established procedure submission of this order on state registration in the Ministry of Justice of Ukraine.
3. This order becomes effective from the date of its official publication.
4. To impose control over the implementation of this order on the deputy minister Cech S. M.
Minister
E.Stavitsky
Approved by the Order of the Ministry of Fuel and Energy of Ukraine of September 2, 2013, No. 626
1. This Procedure establishes the procedure of the organization of auctions in bankruptcy proceeding and requirements to their organizers concerning property of the state companies which belong to the sphere of management of the Ministry of Fuel and Energy of Ukraine, and economic societies, the state share in which authorized capital exceeds 50 percent and concerning which the Ministry of Energy and Coal Mining of Ukraine performs powers on management of the state corporate laws (further - the debtor).
2. Customer of auction is the managing director of sanitation or the liquidator appointed on the case of the bankruptcy of the debtor economic court according to the procedure established by the Law of Ukraine "About recovery of solvency of the debtor or recognition by his bankrupt" (further - the Law).
3. The organizer of auction is determined by the customer in coordination with the Ministry of Energy and Coal Mining of Ukraine.
4. The organizer of auction shall meet such requirements:
have the right to tendering;
have experience of holding auctions at least three years;
the amount of remuneration offered them is the smallest.
The interested person concerning the debtor, creditors and the customer of auction cannot be the organizer of auction.
5. The customer not later than in two months prior to date of auction sends in the Ministry of Energy and Coal Mining of Ukraine for placement on its official website and posts on the official website of the debtor (in the presence) the announcement which shall contain such data:
information on the debtor whose sale of property will be performed at auction;
the characteristic of property of the debtor which sale will be performed at auction;
requirements to the organizer of auction according to item 4 of this Procedure;
acceptance deadline from candidates of statements and documents which confirm their compliance to the established requirements;
the postal address to which the application and the relevant documents are filed;
contact telephone numbers for reference.
Placement on the official website of the Ministry of Energy and Coal Mining of Ukraine of the announcement for determination of candidates for the organizer of auction is performed within five days from the date of its receipt on condition of provision by the customer in full of the necessary information specified in this Item.
6. For determination by the organizer of auction applicants give to the customer of auction in time and to the postal address, provided in the announcement posted on official websites of the Ministry of Energy and Coal Mining of Ukraine and the debtor (in the presence), such documents:
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The document ceased to be valid since August 22, 2024 according to Item 1 of the Order of the Department of Energy of Ukraine of July 18, 2024 No. 262