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Ministry of Justice of Ukraine

August 20, 2014

No. 998/25775

ORDER OF THE MINISTRY OF YOUTH AND SPORT OF UKRAINE

of August 11, 2014 No. 2628

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 carried to the sphere of management of the Ministry of youth and sport of Ukraine, and the 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 concerning property of the state companies carried to the sphere of management of the Ministry of youth and sport of Ukraine, and the companies in which authorized capital the share of state-owned property exceeds fifty percent that is applied.

2. (Lashchuk O. M.) to submit to management of development of sports infrastructure this order in accordance with the established procedure on state registration to the Ministry of Justice of Ukraine.

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

4. I reserve control over the implementation of this order.

Minister of youth and sport of Ukraine

D.S.Bulatov

 

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 youth and sport of Ukraine of August 11, 2014, No. 2628

Procedure for the organization of holding auctions in bankruptcy proceeding and requirements to their organizers concerning property of the state companies carried to the sphere of management of the Ministry of youth and sport of Ukraine, and the companies in which authorized capital the share of state-owned property exceeds fifty percent

1. This Procedure establishes the procedure of determination, Minmolodsport's approval of Ukraine of the candidate for the organizer of auction during the organization of holding auctions in bankruptcy proceeding and requirements to it concerning property of the state companies belonging to the sphere of management of Minmolodsport of Ukraine and the 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 Minmolodsport of Ukraine (further - the debtor).

2. Minmolodsport's powers of Ukraine determined by this Procedure perform the structural divisions responsible for ensuring accomplishment by Minmolodsport 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 Minmolodsport of Ukraine.

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 of the organizer of auction.

5. The organizer of auction shall conform to 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 identification of candidates for organizers of auction the customer not later than three months before date of auction directs Minmolodsport of Ukraine 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 compliance of candidates to the established requirements are filed;

contact telephone numbers for reference.

Placement on the official site of Minmolodsport of Ukraine of the announcement for identification of the candidate for the organizer of auction is performed within five days from the date of its receipt.

7. For determination by the organizer of auction of the candidate give to the customer of auction in time and to the postal address, specified in the announcement posted on the official sites of Minmolodsport of Ukraine 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 owing to the religious beliefs refused adoption of registration number of accounting card of the taxpayer and notified on it relevant organ 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;

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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