ORDER OF THE MINISTRY OF FINANCE OF UKRAINE

of May 28, 2014 No. 637

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 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" PRIKAZYVAYU:

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. To provide to legal department (Matuzk Ya. V.) in accordance with the established procedure:

submission of this order on state registration in the Ministry of Justice of Ukraine;

promulgation of this order.

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 - the chief of staff of Matviychuk V. M.

Approved by the Order of the Ministry of Finance of Ukraine on May 28, 2014, No. 637

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, approval by the Ministry of Finance of Ukraine (further - the Ministry of Finance of Ukraine), the central executive bodies which activities go and coordinated by the Cabinet of Ministers of Ukraine through the Minister of Finance of Ukraine (further - TsOIV), candidates for organizers of auction under the organization of holding auctions in bankruptcy proceeding and requirements to them the relation of property of the state companies which belong to the sphere of management of the Ministry of Finance of Ukraine or 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 is performed by the Ministry of Finance of Ukraine or TsOIV (further - the debtor).

2. Are determined by this Procedure for power of the Ministry of Finance of Ukraine or TsOIV perform the structural divisions responsible for ensuring accomplishment by the Ministry of Finance of Ukraine or 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 the Ministry of Finance of Ukraine or TsOIV if control of objects of state-owned property is exercised by TsOIV.

In the liquidating procedure the liquidator has the right to independently hold the auction at auction according to part two of article 44 of the Law or to attract based on the agreement on holding the auction the organizer of auction.

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

have the right to tendering;

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).

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

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

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;

the characteristic of property of the debtor which sale will be performed at auction;

information on the debtor whose sale of property will be performed at auction;

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 compliance of candidates to the established requirements, and contact telephone numbers for reference are filed.

Placement on the official site of the Ministry of Finance of Ukraine or TsOIV of the announcement for identification of candidates for the organizer of auction is performed in five-day time from the date of its receipt on condition of provision by the customer in full of the necessary information specified in this Item.

7. Candidates for organizers of auction give to the customer of auction in time and to the postal address, specified in the announcement posted on the official sites of the Ministry of Finance of Ukraine or TsOIV and the debtor, the following documents:

the statement for accomplishment of functions of the organizer of auction in which are specified: full name (surname, name and middle name); code on EGRPOU (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 acceptance of registration taxpayer number and notified on it the relevant monitoring body and have mark in the passport)); form of business; location (residence); phone number and other means of communication; the 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 acceptance of registration taxpayer number and notified on it the relevant monitoring body 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; offers concerning the amount of remuneration for holding the auction;

the copies of constituent or other documents certified in accordance with the established procedure according to which the applicant has the right to hold auctions;

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