It is registered
Ministry of Justice of Ukraine
June 16, 2017
of May 29, 2017 No. 866
About approval of the Evaluation procedure of right to claim according to the obligations arising owing to implementation of credit operation
According to article 5 of the Law of Ukraine "About Fund of state-owned property of Ukraine", "About assessment of property, property rights and professional estimative activity in Ukraine" I order to article 9 of the Law of Ukraine:
1. Approve right to claim Evaluation procedure according to the obligations resulting from implementation of credit operation which is applied.
2. To provide to department of assessment of property, property rights and professional estimative activity of Fund of state-owned property of Ukraine submission of this order in accordance with the established procedure on state registration in the Ministry of Justice of Ukraine.
3. To impose control of execution of this order on the vice-chairman of Fund of state-owned property of Ukraine according to distribution of functional obligations.
Acting as chairman Fonda
Approved by the Order of Fund of state-owned property of Ukraine of May 29, 2017, No. 866
1. This Procedure is applied by subjects of estimative activities - subjects of managing (further - the subject of estimative activities) when carrying out independent assessment of right to claim according to obligations according to the signed credit agreements.
Subjects of estimative activities carry out independent assessment of right to claim according to obligations according to the signed credit agreements based on the contract for evaluating the property concluded with person interested in such assessment who according to the legislation acts as the customer of its carrying out.
2. According to this Procedure such objects of assessment are estimated (further - assessment object, object):
separate right to claim according to obligations;
separate right to claim according to obligations as a part of single (complete) property complex;
group of rights to claim on obligations;
group of rights to claim on obligations as a part of credit portfolio or single (complete) property complex;
credit portfolio in general as object of assessment or as a part of single (complete) property complex.
Assessment of object of assessment is carried out with respect for the principles of replacement and expectation, and in case of the active market of objects which are identical to assessment object, taking into account the principle of the demand and supply.
4. In this Procedure terms are used in the following values:
the assets associated with business - single (complete) property complex which all set of objects can generate the income to its owner as separate business (refueling complexes, hotels, etc.);
the active market - the market in which purchase and sale of rights to claim according to obligations according to credit agreements happens to sufficient frequency and in sufficient amount that allows to obtain reliable information about their actual results on continuous basis;
the debtor - the agreement party (legal entity or physical person) which shall extinguish debt / to fulfill the requirement of the creditor according to conditions of the signed agreement;
basic data - set of the documents and information necessary for evaluating object of assessment taking into account requirements of this Procedure are also provided by the customer of assessment or other representative to them person to the subject of estimative activities;
group of rights to claim on obligations - set of rights to claim according to obligations according to credit agreements which have one or several general (uniform) characteristics and can be united in group according to requirements of this Procedure;
the debtor's default - the condition in the relations between the creditor and the debtor which is characterized by high risk of the termination of accomplishment by the debtor of the obligations according to the credit agreement;
More about search system
If you cannot find the required document, or you do not know where to begin, go to Help section.