It is registered
Ministry of Justice
On February 15, 2017 No. 45651
of October 10, 2016 No. 4149-U
About procedure for tendering in the form of auction for sale of credit stories
This Instruction according to article 12 of the Federal Law of December 30, 2004 No. 218-FZ "About credit stories" (The Russian Federation Code, 2005, No. 1, Art. 44; No. 30, Art. 3121; 2007, No. 31, Art. 4011; 2011, No. 15, Art. 2038; No. 27, Art. 3880; No. 29, Art. 4291; No. 49, Art. 7067; 2013, No. 30, Art. 4084; No. 51, Art. 6683; 2014, No. 26, Art. 3395; 2015, No. 27, Art. 3945; 2016, No. 1, Art. 47; No. 26, of the Art. 3880) (further - the Federal Law "About Credit Stories") establishes procedure for tendering in the form of auction (further - the biddings) selling credit stories (further - object of the biddings).
1.1. In the cases provided by part 2 of article 12 of the Federal law "About Credit Stories", the decision on tendering is made by the organizers of the biddings listed in part 3 of the specified Article.
1.2. Organizers of the biddings can sign the contract with the specialized organization performing services in the organization and tendering, providing accomplishment of separate organizational and technical functions by it on preparation and tendering.
1.3. Organizers of the biddings make the decision on creation of the commission on tendering (further - the commission) and give to the commission chairman authority according to the conclusion of contracts with the bureau of credit histories (further - BKI) intending to take part in the biddings (further - applicants), and winning bidders. The commission is created in number of at least three people. Organizers of the biddings determine starting selling price of lot (the credit stories which are subject to realization) and amount of deposit for participation in the biddings.
1.4. The commission performs the following functions:
determines the place, dates and time of the beginning and the end of order taking about participation in the biddings (further - requests);
determines the place, date and time of recognition of applicants by bidders and tenderings;
determines form of submission of the offer on the price of object of the biddings according to Item 3.2 of this Instruction;
will organize preparation and the publication of the notice on tendering (or about refusal in their carrying out), and also information on results of the biddings;
notifies the Bank of Russia on the place, time, on object of the held auction and on its starting selling price (on refusal in tendering, on results of the biddings) (if the organizer of the biddings is not the Bank of Russia) within three working days from the date of acceptance by the organizer of the biddings of the decision on tendering (no later than five working days from the date of decision making about refusal in tendering, within three working days from the date of signing of the protocol on results of the biddings);
sends notices for participation in the biddings (further - the notice) to BKI included in the state register of bureau of credit histories (further - the register), including data on the account into which it is necessary to make transfer of deposit;
gives to applicants opportunity to study documentation characterizing object of the biddings and also rules of tendering;
accepts requests from applicants and performs their registration, and also provides storage of the registered requests;
upon termination of the term of order taking considers the registered requests with the documents attached to them;
checks the account statements confirming receipt of inclinations;
sums up the results of acceptance and registration of requests and makes the decision on the admission of applicants to participation in the biddings;
notifies applicants on refusal in the admission to participation in the biddings in time, stipulated in Item 2.12 these Instructions;
makes the decision on determination of the winning bidder;
makes the decision on the announcement of the biddings by cancelled;
performs other actions provided by this Instruction.
1.5. The commissions about day of tendering upon the demand of the Bank of Russia the bank representative of Russia if the organizer of the biddings is not the Bank of Russia is included.
1.6. The commission at least in 30 calendar days prior to date of the biddings shall send to BKI included in the register, the notice.
1.7. The organizer of the biddings has the right to make the decision on refusal in tendering in case of the termination of the bases for decision making about tendering specified regarding 3rd article 12 of the Federal law "About Credit Stories". In this case the commission no later than five working days from the date of adoption of this decision shall inform applicants, return the deposits made by them and publish the notice on refusal in the same mass media in which the notice on tendering was published.
1.8. The Bank of Russia shall publish on the official site of the Bank of Russia on the Internet information on decision making on tendering (about refusal in tendering) no later than three working days:
from the date of decision making about tendering (about refusal in tendering) if the organizer of the biddings is the Bank of Russia;
from the date of receipt of the notification from the commission on the place, time, about object of the held auction and about its starting selling price (about refusal in tendering) if the organizer of the biddings is not the Bank of Russia.
1.9. If the Bank of Russia is the organizer of the biddings, interaction between the Bank of Russia and BKI for the purpose of execution of requirements of this Instruction shall be performed by means of private office according to the procedure determined based on parts one and the eighth article 76.9-11 of the Federal Law of July 10, 2002 No. 86-FZ "About the Central bank the Russian Federation (Bank of Russia)" (The Russian Federation Code, 2002, No. 28, Art. 2790; 2021, No. 27, the Art. 5187) (further - order of interaction), except for the paragraph of the fourth Item 2. 3, the paragraph of third Item 2.4 of Chapter 2, Items 3.2 - 3.3 Chapters 3 presents of the Instruction.
2.1. BKI included in the register have exclusive right on participation in the biddings.
Paragraph two of ceased to be valid according to the Instruction of the Central bank of the Russian Federation of 09.01.2023 No. 6348-U
2.2. The notice shall contain the following data:
date, time and venue of the biddings and leading of their results;
data on object of the biddings (the name of the legal entity which credit stories are put up for sale, the main characteristics of object of the biddings, including quantity of credit stories of subjects of credit stories - physical persons and subjects of credit stories - legal entities, the list of sources of forming of the credit stories offered to realization at the biddings);
starting price of sale of object of the biddings;
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