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Ministry of Justice of Ukraine

 July 10, 2014

No. 797/25574

ORDER OF THE MINISTRY OF EDUCATION AND SCIENCE OF UKRAINE

of June 16, 2014 No. 717

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 relating to the sphere of management of the Ministry of Education and Science of Ukraine, and economic societies, the state share in which authorized capital exceeds 50 percent, authority on management of corporate laws of the state concerning which is performed by the Ministry of Education and Science 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", I ORDER to Item 72 of the Regulations on the Ministry of Education and Science of Ukraine approved by the Presidential decree of Ukraine of April 25, 2013 No. 240,:

1. Approve the Procedure for the organization of holding auctions in bankruptcy proceeding and requirements to their organizers concerning property of the state companies relating to the sphere of management of the Ministry of Education and Science of Ukraine, and economic societies, the state share in which authorized capital exceeds 50 percent, authority on management of corporate laws of the state concerning which is performed by the Ministry of Education and Science of Ukraine which is applied.

2. To provide to department of administration (Zapolskaya N. N.) 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 of science and education of Ukraine - the chief of staff Dnieper Ampere-second.

Minister

S.M.Kvit

 

It is approved:

The chairman of Public service of Ukraine concerning regulatory policy and development of entrepreneurship

 

M. Yu. Brodsky

 

Approved by the Order of the Ministry of Education and Science of Ukraine of June 16, 2014, No. 717

Procedure for the organization of holding auctions in bankruptcy proceeding and requirements to their organizers concerning property of the state companies relating to the sphere of management of the Ministry of Education and Science of Ukraine, and economic societies, the state share in which authorized capital exceeds 50 percent, authority on management of corporate laws of the state concerning which is performed by the Ministry of Education and Science of Ukraine,

1. This Procedure establishes the procedure of the organization of auctions in bankruptcy proceeding, the procedure of determination, approval of MON of Ukraine of candidates for organizers of auctions and the requirement to them concerning property of the state companies belonging to the sphere of management of MON of Ukraine, and economic societies, the state share in which authorized capital exceeds 50 percent, authority on management of corporate laws of the state concerning which is performed by MON of Ukraine (further - the debtor).

2. The powers of MON of Ukraine determined by this Procedure are performed by the structural division of MON of Ukraine responsible for ensuring accomplishment of MON of Ukraine 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 MON of Ukraine.

5. The organizer of auction shall conform to the following requirements:

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

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);

have experience of holding auctions at least three years.

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 MON of Ukraine for placement on its official website and posts on the official site of the debtor (in the presence) the announcement which shall contain the following 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 which indicates the need of availability at the organizer of this auction of technical capabilities for its carrying out;

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

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

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 are filed;

contact telephone numbers for reference.

Placement on the official site of MON of Ukraine of the announcement is performed within five days from the date of its receipt on condition of provision by the customer in full of information specified in this Item.

7. For determination by the organizer of auction of the candidate give to the customer of auction in time and to the postal address, provided in the announcement posted on the official sites MON of Ukraine and the debtor (in the presence), the following documents:

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