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Ministry of Justice of Ukraine

May 26, 2014

No. 537/25314

ORDER OF THE MINISTRY OF INFRASTRUCTURE OF UKRAINE

of May 8, 2014 No. 206

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 relating to the sphere of management of the State agency of highways of Ukraine, and economic societies in which authorized capital the share of state-owned property exceeds fifty percent, authority on management of corporate laws of the state concerning which are performed by the State agency of highways of Ukraine,

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 subitem 30 of item 4 of the Regulations on the State agency of highways of Ukraine approved by the Presidential decree of Ukraine of April 13, 2011 No. 456, 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 relating to the sphere of management of the State agency of highways of Ukraine, and economic societies in which authorized capital the share of state-owned property exceeds fifty percent, authority on management of corporate laws of the state concerning which are performed by the State agency of highways of Ukraine which is applied.

2. To provide to the state agency of highways of Ukraine:

submission of this order on state registration in the Ministry of Justice of Ukraine in the procedure established by the legislation;

promulgation of this order on the official site of the Ministry of infrastructure 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 Bondarenko A. E.

Minister of infrastructure

M. U. Bourbaki

Approved by the Order of the Ministry of infrastructure of Ukraine of May 8, 2014, No. 206

Procedure for the organization of holding auctions in bankruptcy proceeding and requirements to their organizers the relation of property of the state companies relating to the sphere of management of the State agency of highways of Ukraine, and economic societies in which authorized capital the share of state-owned property exceeds fifty percent, authority on managements of corporate laws of the state concerning which are performed by the State agency of highways of Ukraine,

1. This Procedure establishes the procedure of determination and approval of highways of Ukraine by the State agency (further - Ukravtodor) organizers of auctions under the organization of holding auctions in bankruptcy proceeding and requirements to organizers of auctions concerning property of the state companies relating to the sphere of management of Ukravtodor, and economic societies in which authorized capital the share of state-owned property exceeds fifty percent, authority it on management of corporate laws of the state concerning which is performed by Ukravtodor (further - the debtor).

2. Are determined by this Procedure for power performs structural division of Ukravtodor, responsible for ensuring accomplishment of powers of governing body by Ukravtodor with objects of state-owned property.

3. Customer of auction (further - the customer) 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 Ukravtodor.

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;

have experience of holding auctions at least three years;

have 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).

Organizers of auction, debtors, creditors and customers cannot be the connected persons.

6. For the purpose of determination of the organizer of auction the customer not later than three months before date of auction directs Ukravtodor for placement on its official website and posts on the official site of the debtor (in case of its availability) the announcement of carrying out tender by determination of the organizer of auction (further - the announcement) who shall contain the following data:

requirements to the organizer of auction, stipulated in Item 5 presents About;

deadline of adoption of the bids and documents confirming compliance of legal entities who expressed intention to take part in tender (further - the applicant), 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 requires necessary availability from 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 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 bids and documents confirming compliance of applicants to the established requirements are filed;

contact telephone numbers for reference.

Placement on the official site of Ukravtodor of the announcement is performed within five days from the date of its receipt.

7. For determination of the organizer of auction applicants give to the customer in time and to the postal address, provided in the announcement, the following documents:

1) the statement for accomplishment of functions of the organizer of auction with indication of the information about the applicant (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) 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;

2) copies of constituent and other documents according to which the applicant has the right to hold auctions;

3) the reference signed by the head of the legal entity, confirming technical capabilities of the applicant for ensuring sale of property of the debtor by holding the auction (in case of specifying of such requirement in the announcement)

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