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Ministry of Justice of Ukraine 

 January 22, 2014

No. 131/24908

ORDER OF THE MINISTRY OF AGRICULTURAL POLICY AND FOOD OF UKRAINE

of December 25, 2013 No. 759

About approval of the Procedure for the organization of holding auctions in bankruptcy proceeding and requirements to their organizers the relation of property of the state companies and companies in which authorized capital the share of state-owned property exceeds fifty percent

According to part three of article 49 of the Law of Ukraine "About recovery of solvency of the debtor or recognition by his bankrupt", article 6 of the Law of Ukraine "About management of objects of state-owned property" and Item 8 of the Regulations on the Ministry of Agricultural Policy and Food of Ukraine approved by the Presidential decree of Ukraine of April 23, 2011 No. 500, I ORDER:

1. Approve the Procedure for the organization of holding auctions in bankruptcy proceeding and requirements to their organizers the relation of property of the state companies and companies in which authorized capital the share of state-owned property exceeds fifty percent that is applied.

2. (Titarchuk V. B.) to provide to management of state-owned property in accordance with the established procedure representation this of the order on state registration in the Ministry of Justice of Ukraine.

3. The order becomes effective from the date of its official publication.

4. To impose control over the implementation of the order on the deputy minister Davydenko V. M.

Minister     

M. V. Prisyazhnyuk

Approved by the Order of the Ministry of Agricultural Policy and Food of Ukraine of December 25, 2013
, No. 759

Procedure for the organization of holding auctions in bankruptcy proceeding and requirements to their organizers the relation of property of the state companies and companies in which authorized capital the share of state-owned property exceeds fifty percent

1. This Procedure establishes the procedure of determination, coordination by the Ministry of Agricultural Policy and Food of Ukraine, the central executive bodies which activities go and coordinated by the Cabinet of Ministers of Ukraine through the Minister of Agricultural Policy and Food of Ukraine (further - TsOIV), of the candidate for the organizer of auction under the organization of holding auctions in bankruptcy proceeding and requirements to them the relation of property of the state companies relating to the sphere of management of Minagropolitiki of Ukraine and TsOIV, and companies in which authorized capital the share of state-owned property exceeds fifty percent, authority on management of corporate laws of the state concerning which perform Minagropolitiki of Ukraine and TsOIV (further - the debtor).

2. Minagropolitiki's powers of Ukraine and TsOIV determined by this Procedure perform the structural divisions responsible for ensuring accomplishment of Minagropolitiki of Ukraine and TsOIV of powers of governing body of objects of state-owned property.

3. 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).

4. The organizer of auction is determined by the customer in coordination with Minagropolitiki of Ukraine or TsOIV if control of objects of state-owned property is exercised by TsOIV.

5. The organizer of auction shall meet the following requirements:

has the right to perform sale of property by holding the auction be the legal entity registered in the procedure established by the law;

experience of holding auctions at least three years;

availability of technical capabilities for ensuring sale of property of the debtor by holding the auction (taking into account type and features of the property which is subject to sale).

The interested person concerning the debtor, creditors and the customer of auction cannot be the organizer of auction.

6. For the purpose of determination of candidates for organizers of auction the customer not later than three months before date of auction sends to Minagropolitiki of Ukraine or TsOIV for placement on its official website and posts the announcement which shall contain the following data on the official site of the debtor:

requirements to the candidate for the organizer of auction;

acceptance deadline from candidates of the statements and documents confirming their compliance to the established requirements;

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 that indicates the need of availability at the organizer of this auction of technical capabilities for its carrying out;

the text of the draft agreement about holding the auction with indication of the main essential terms of the contract (except condition about the amount of remuneration and information on the organizer of auction);

the postal address to which the application and documents confirming the candidate's compliance to the established requirements are filed;

contact telephone numbers for reference.

Placement on the official site of Minagropolitiki of Ukraine or TsOIV of the announcement for determination of candidates for the organizer of auction is performed within five days from the date of its receipt in Minagropolitiki of Ukraine or TsOIV.

7. For determination by the organizer of auction of the candidate give to the customer of auction in time and to the postal address given in the announcement posted on the official sites by Minagropolitiki of Ukraine or TsOIV and the debtor, the following documents:

the statement for accomplishment of functions of the organizer of auction with indication of data on the candidate for the organizer of auction (full name of the legal entity, identification code of the legal entity, form of business, the location of the legal entity, phone number and other means of communication, and also surname, name, middle name and registration number of accounting card of the taxpayer (or data on series and passport number - for physical persons which because of the religious beliefs refused adoption of registration number of accounting card of the taxpayer and notified on it relevant organ of the income and charges and have mark in the passport) person, the representative to represent the legal entity in legal relationship with the third parties and has the right to make actions on behalf of the legal entity, including to sign agreements), and also offers concerning the amount of remuneration for holding the auction;

copies of constituent or other documents according to which the applicant has the right to hold auctions;

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