Who receives interest from the electronic auction. Open auction rules

  • Regulated by the provisions of Article 68 of Law No. 44-FZ.

Conducting an open auction in electronic form.

An electronic auction is held at the ETP on the day specified in the notice of its holding.

Determining the date of the auction.

  • The day of the auction is the day following the expiration of 2 days from the date of the end of the period for consideration of 1 parts of applications for participation in this auction.
  • The start time of the electronic auction: is set by the ETP operator, taking into account the time zone in which the Customer is located.

Reducing the price of the electronic auction.

  • The initial (maximum) price is set by the Customer, justified in the auction documentation.
The price reduction occurs as part of the electronic auction step.
  • Auction step - from 0.5% to 5% of the initial price.
An offer "outside the auction step" is submitted subject to the following rules.
  • It is impossible to submit an offer with a price equal to or higher than previously submitted by other participants in the auction price offers.
  • You cannot submit a zero bid.
  • You cannot submit a bid that is lower than the current minimum bid submitted within the "auction step".
  • You can't lower your own price offer.
All submitted bids must be indicated on the ETP during the auction, incl. the time of their submission.
  • During the bidding process, the ETP must indicate the time remaining until the deadline for submitting bids.
The time for accepting bids is 10 minutes.
  • If within 10 minutes there were no new proposals for a decrease, the "main time" of the auction (definition of the winner) ends.
Additional time.
  • After determining the winner within 10 minutes, you can submit proposals for lowering the 2nd, 3rd, etc. places.
If 2 or more URZs offered the same prices, then the best offer is considered to be the offer submitted earlier than the similar ones.

Protocol of the electronic auction.

  • Placed on the ETP half an hour after the end of the electronic auction.
The protocol of the electronic auction contains.
  • ETP address
  • The date and time the auction started.
  • The date and time the auction ends.
  • Initial contract price
  • All contract price bids (minimum) made by bidders.
    • Offers are ranked in descending order, indicating the numbers of applications submitted by the participants who made these price offers.
    • The time of receipt of these proposals is indicated.
If during the first 10 minutes there was not a single price offer, then this auction is declared invalid.

Up auction.

  • If the price of the contract during the auction is reduced to 0.5% of the initial price of the contract, the up game begins.
Peculiarities.
  • Such auctions are held until the contract price reaches no more than one hundred million rubles.
  • Restriction in accordance with the decision to approve a major transaction, no more than the amount specified in this decision.
  • Enforcement of the contract - the same as specified in the auction documentation.

The timing of the auction under 44-FZ in 2018 has changed. In particular, the period of consideration of the first parts of applications for purchases with an initial contract price of up to 3 million rubles was different. We will tell you more about the terms of the auction under 44-FZ and their changes below.

Deadline for filing applications under 44-FZ for an electronic auction

Timing table for all competitive procedures

☆ What is dangerous in terms of competitive procedures;
☆ What are the 4 mistakes in timing that are most often made;
☆ What is the usefulness of the due date map and why is it better than the calendar:

The deadline map will help you avoid mistakes, because it automatically calculates the deadlines, taking into account holidays and weekends. She will insure when working in the EIS and leave time - one day - for the passage of treasury control.

The participant submits both parts of the application at the same time through Personal Area on the ETP. It is important to have time to do this before the end of the deadline set by the customer. The documentation indicates not only the date, but also the time. This means that, formally, participants have the opportunity to send an application a few hours before the deadline for submitting proposals. But it is not recommended to do this, because the customer may have complaints, and the participant simply does not have time to make the necessary changes.

After submitting an application, the ETP operator assigns a number to it and sends a notification to the participant. This may take up to an hour. The application may be rejected already at the stage of verification by the ETP operator. This will happen if:

  • the participant violated the deadlines for filing applications for an electronic auction under 44-FZ;
  • (applications cannot be submitted if less than 3 months remain before the end);
  • money has not been deposited to secure the application;
  • documents are not signed with an enhanced electronic signature;
  • The participant sent several applications.

Who sets the start time of the electronic auction

According to the amendments that came into force in 2018, only participants accredited to the ETP and registered in the EIS can participate in the auction.

The day of the electronic auction is the first working day after the expiration of two days from the moment of consideration of the first parts of the applications. The start time of the electronic auction is set by the operator trading platform. It is guided by the time zone in which the customer is located.

The procedure itself goes like this: the participants reduce the declared initial price by one step. The winner is the one who last offers the lowest cost of contract execution.

Can the last day to apply be a weekend? Or is it better to move the deadline to a working day?

Electronic auction under 44-FZ: terms, procurement algorithm

If the deadlines for filing applications for an electronic auction under 44-FZ in 2018 remained the same, then the time period allotted for consideration of their first parts was tied to the NMCC and reduced for small purchases. If the contract price is up to 3 million rubles, the commission has only one day to evaluate them. For other purchases, the deadline remained the same - 7 days.

During the consideration of the first parts of applications, the commission determines how much the product, work or service meets the stated requirements. Some participants are not allowed to the main procedure. The auction itself is carried out as follows: participants reduce the initial price of the contract by one step. The last person to offer the lowest price is declared the winner of the procedure.

The next stage is the evaluation of the second parts of the applications. The term for their consideration is still a maximum of three days. It is counted from the moment The ETP operator selects 10 bids whose authors offered the lowest price during the auction. Next, the commission, in order of ranking, checks the applications for compliance with the requirements. The winner is the participant who proposes best price, and his application, its first and second parts, are recognized as meeting all the requirements.

Electronic auction: terms

Consider other terms of the auction under 44-FZ. The law establishes a period for giving clarifications to the auction documentation. Participants can apply for additional information at least three days before the deadline for submission of proposals. Then the customer has two days to answer the questions. The answer is posted in the EIS. Each participant has the right to send no more than 3 requests.

Speaking about the timing of the auction in electronic form according to 44-FZ, it is impossible not to touch upon the procedure for signing a contract following the results of the purchase. The law establishes the following algorithm:

  1. within five days after the publication of the protocol in the EIS, the customer places a draft contract in the EIS and on the ETP website without his signature;
  2. the winner has 5 days to send the signed document along with proof of contract security;
  3. within three days after that, the customer must put his signature.

Attached files

  • The terms of the electronic auction under 44-FZ in the table.xlsx

The customer must sign the contract within 3 working days after the performer does it. You can learn about all the terms and features of each stage of the electronic auction in our training course State Order. RusTender employees have specially collected all the necessary information, supported by their own participation experience, thanks to which you will be able to successfully participate in public procurement and receive contracts. These are the main stages and terms of the auction under 44-FZ, which is held in electronic form on the ETP of the federal operator. All time characteristics given in the text are relevant at the time of writing. To always be aware recent changes follow the rules of the legislation of the Russian Federation.

Deadlines for holding an electronic auction under 44-FZ

It is no more than 7 days after the deadline for submission. During this period, applications that do not meet the requirements specified in the documentation are screened out.

During the same period, the protocol for the consideration of the first parts of the application is sent to the ETP operator, where the purchases take place, and the data is posted in the EIS. 7. Then comes the deadline for holding an auction under 44-FZ, this is the third business day after the end date for consideration of the first parts of applications.

Info

Exact time carrying out is appointed by the ETP operator. 8. Then it is necessary to announce the minutes of the auction. This information is posted on the electronic procurement site within 30 minutes after the end of the procurement, and the protocol is sent to the customer within 1 hour, together with the second parts of the applications, after publication on the ETP.


9.

Terms of the electronic auction according to the law No. 44-fz

The time remaining before the deadline for submitting contract price bids is updated automatically, using software and hardware tools that ensure such an auction, after the initial (maximum) contract price is reduced or the last contract price bid is received. If during the specified time no offer for a lower contract price has been received, such an auction is automatically completed using software and hardware that ensure its conduct.
12. Within ten minutes from the moment of completion in accordance with part 11 of this article of the electronic auction, any of its participants has the right to submit an offer for the contract price, which is not lower than the last offer for the minimum contract price, regardless of the "auction step", subject to the requirements provided for paragraphs 1 and 3 of part 9 of this article. 13.

44-FZ Support/Auction Time Calculator

Attention

And if changes are made, then the time for filing should be increased in accordance with paragraph 1 of our article, i.e. up to 15 days in the case of NMTsK more than 3,000,000 rubles, and up to 7 days if the contract price is less than 3,000,000 rubles. 3. If the customer decides to refuse to conduct purchases in electronic form, then he can do this no later than 5 days before the deadline for accepting applications.


4. The participant can send a request for clarification of the auction documentation, but no later than 3 days before the deadline for accepting bids. The answer must be provided to him within 2 days from the date of receipt of this request.


5. A participant in an electronic auction may change or withdraw his application at any time before the deadline for acceptance. If he does not have time to do this within the specified period, he will have to take part in the auction.
6. The next step is to consider the first parts of the applications submitted by the participants.

    Rustender

  • Question answer
  • 44-FZ
  • Terms of the electronic auction under 44-FZ

The term of the electronic auction under 44-FZ means the period of time allotted for each stage of the purchase. Let us consider in more detail how many stages there are in total and in what terms, according to the law, they must pass.

The very first step in organizing an electronic auction is the placement of a notice of its holding and tender documentation. Here, the auction period under 44-FZ varies depending on the amount of the NMTsK: if it exceeds 3 million rubles.

rub., then the notice must be posted 15 days (or more) before the deadline for accepting applications.

If the amount is less than 3 million rubles. - then 7 days (or more). 2. There are times when it is necessary to make changes to the notice itself or the documentation.

The customer has time for this, but no later than 2 days before the deadline for accepting applications.

Important

Procurement in the form of an electronic auction (EA) is the most common procedure at present. According to statistics for the previous year, more than 50% of total number purchases in Russia were made in the form of EA.

Part of Article 59 of 44-FZ states that the customer must conduct EA when purchasing goods, works or services included in the list of the Government Russian Federation or a list (additional) regulating the procurement on the territory of a constituent entity of Russia (part 2 of article 59 44-FZ). Also, the customer is allowed to conduct open electronic auctions in order to purchase goods, work and services that are not included in these lists (part 3 of article 59 44-FZ).

Requirements for auction participants in electronic form The participant can take part in electronic auction if it meets the requirements set out in Art. 31 44-FZ. An individual can act as a participant.

Article 68. Procedure for holding an electronic auction

ConsultantPlus: note. From July 1, 2018 federal law No. 504-FZ of December 31, 2017, Part 6 of Article 68 is reworded. See text in a future edition. 6. The amount of reduction in the initial (maximum) contract price (hereinafter referred to as the “auction step”) is from 0.5 percent to five percent of the initial (maximum) contract price. 7. When conducting an electronic auction, its participants submit proposals for the price of the contract, providing for a reduction in the current minimum offer for the price of the contract by an amount within the "auction step". 8. When conducting an electronic auction, any of its participants is also entitled to submit a proposal for the price of the contract, regardless of the “auction step”, subject to the requirements provided for in part 9 of this article.
9.

Terms of the auction under 44-FZ

FZ Within 2 days from the date of receipt of the participant's request Decision to amend the auction documentation (Customer) p. 6 Art. 65 No. 44-FZ Not later than 2 days before the deadline for submitting bids Publication of changes made to the auction documentation (Customer) p. 6 Art. 65 No. 44-FZ Within 1 day from the date of the decision When the Customer makes changes to the auction documentation, the deadline for filing applications for participation in an electronic auction must be extended so that the period from the date of placement of changes to the deadline for filing applications is at least 7 days (< 15 млн). Подача заявки на участие (Участник) Не позднее даты и времени, установленных аукционной документацией Рассмотрение первых частей заявок (Заказчик) п.

2 tbsp. 67 No. 44-FZ No more than 7 days from the date of the deadline for submitting applications Conducting an electronic auction (Customer / Participant) clause 3 of Art.

Terms of the electronic auction according to federal law 44

From the beginning of the electronic auction on the electronic site until the deadline for submitting contract price bids, all contract price bids and the time of their receipt, as well as the time remaining until the deadline for submitting contract price bids in accordance with Part 11, must be indicated without fail of this article. 11. When conducting an electronic auction, the time for accepting proposals from participants in such an auction on the price of the contract is set, which is ten minutes from the beginning of such an auction until the deadline for submitting proposals for the price of the contract, as well as ten minutes after the receipt of the last proposal for the price of the contract.

Any participant in an electronic auction, after posting on the electronic site and in the unified information system, the protocol specified in part 18 of this article, has the right to send to the operator electronic platform a request for clarification of the results of such an auction. The operator of the electronic site within two working days from the date of receipt of this request is obliged to provide this participant with the appropriate explanations.

22. The operator of an electronic site is obliged to ensure the continuity of the electronic auction, the reliability of the software and hardware used to conduct it, the equal access of its participants to participate in it, as well as the performance of the actions provided for in this article, regardless of the end time of such an auction. 23.

The concept of an electronic auction for public procurement

The definition of this procedure is given in Part 1 of Art. 59 of the law "On contract system…” dated April 5, 2013 No. 44-FZ. Its essence is as follows:

  • information on the procurement is posted publicly, thereby providing access to it to an unlimited number of persons;
  • the notice of procurement is published in the Unified System of All Public Procurement;
  • potential participants are subject to equal requirements, including additional ones;
  • the procedure of the auction itself is provided by the operator of a particular electronic platform.

Cases of procurement in the form of an electronic auction under Law No. 44-FZ

The legislation establishes the obligation of the municipal and state customer to conduct an electronic auction under 44-FZ in cases where:

  • procurement is not carried out by requesting quotations or offers in cases permitted by law;
  • the purchase is not made from a single supplier;
  • the purchased goods (work, service) are included in the list established by the Decree of the Government of the Russian Federation of March 21, 2016 No. 471-r, or an additional list approved at the regional level.

The federal list specified in the last paragraph of the above list includes more than 60 types and groups of goods (works, services), including agricultural products, hydrocarbons, food and clothing, medicines, ores and metals, vehicles, utilities, construction works, transport services, travel agencies, cleaning, etc.

As indicated in Part 3 of Art. 59 of Law No. 44-FZ, purchases using an electronic auction at the request of the customer can be carried out in relation to objects not included in the lists.

Don't know your rights?

Who provides the auction?

An electronic auction under 44-FZ is carried out in order to purchase goods, types of work or services for state needs, as well as the needs municipalities, state institutions. On behalf of the customer, all actions to place a notice and organize the procedure in question at all its stages are performed by a special contract service or a specially authorized official.

Art. 38 of Law No. 44-FZ provides for the need to create a special contract service only if the annual volume of all planned purchases is more than 100 million rubles. In other cases, it is allowed to assign the responsibility for conducting this procedure to an authorized person. The creation of an independent structural unit for the implementation of these functions is optional in any case.

In addition, a third-party organization may be involved in the purchase by the customer, including:

  • to develop relevant documentation;
  • placement of the notice;
  • sending invitations to potential participants, etc.

Auction stages

First of all, the implementation of this method of placing a state order in electronic form should be planned, included in the schedule for placing an order. The further procedure for holding an auction includes the following steps:

  • preparation of procurement documentation electronically;
  • formation of a notice on the placement of the procurement and its publication in the Unified System of Public Procurement;
  • study of documentation by potential participants, submission and acceptance of applications;
  • consideration of the first parts of applications after the deadline for receiving applications;
  • actual auction among all admitted participants;
  • consideration by the commission of the second parts of applications and making a decision on their compliance with the requirements of the law and approved documentation;
  • determination of the winner;
  • conclusion of a contract with the winner of the procedure.

In this case, the procedure may be recognized as failed, which occurs in cases where only 1 application has been submitted for participation in it, or there have not been any at all. If there is only one application, the contract is concluded with sole member, despite the recognition of the procedure as invalid (clause 4, part 1, article 71 of Law No. 44-FZ).

The considered method of bidding is one of the most common due to legal requirements. Apart from mandatory cases organization of the procedure in question, the legislator granted the right to customers, at their discretion, to carry out planned purchases in this way. The organization procedure is described in detail in Art. 59-71 of Law No. 44-FZ.

These Rules are developed in accordance with Articles 447-449 of the Civil Code of the Russian Federation and the current legislation

The Rules establish the procedure for organizing and conducting bidding in the form of an Auction by a Limited Liability Company " Trading house"Fame" for the sale of real estate owned by individuals and legal entities on the right of ownership.

1. General Provisions

1.1. Bidding is held in the form of an open auction: according to the composition of participants, according to the method of submitting proposals, and according to the price.

1.2. Auctions are held on the basis of the current legislation and the Contract of Order concluded between the Seller and the Auction Organizer.

1.3. When bidding, it is not allowed:

  • creating preferential conditions for the participation of an individual or group of individuals;
  • implementation by the Auction Organizer of coordination of the activities of bidders, as a result of which there is or may be a restriction of competition between bidders or infringement of their interests;
  • unreasonable restriction of access to participation in the auction.

1.4. The organizer of the auction has the right to make video-photography of the course of the auction and audio recording.

2. Basic terms and definitions

2.1. "Organizer of the auction"- OOO Trade House FAME

2.2. "Bidding Commission"- the body responsible for organizing and conducting the auction. It is formed by the Organizer of the auction on the basis of the issued order.

2.3. "Auctioneer"- an individual appointed by the Organizer of the auction to conduct the auction

2.4. "Auction"- public sale at auction of a Real Estate Object or other property (lease rights, art objects, shares, etc.) owned by the owner, with predetermined conditions.

2.5. "Bargaining"- an auction valid for a period of time specified by the Organizer of the auction, during which the Participants make bids in the manner established by the terms of the auction.

2.6. "Property Object"- residential or non-residential premises, land, other real estate put up for auction.

2.7. "Lot"- object (real estate or other real estate) of the auction.

2.8. "Starting price"- the starting price of the lot, from which bidding at the Auction begins.

2.9. "Minimum Price"- the most low price for which the seller agrees to sell the property.

2.10. "Auction Price"- the highest price of the lot, achieved during the Auction, equal to or exceeding the minimum price (in cases of its establishment) and fixed in the protocol on the results of the auction.

2.11. "Bid"- offer by the participant of a new Auction price of the lot, which increases the current price by any multiple of the Auction step

2.12. "Auction step"- a fixed amount of money by which the Auction price of the lot increases during the Auction.

2.13. "Bidding Form"- Auction opened according to the list of participants and according to the form for submitting proposals for the price of the Property.

2.14. "Conditions of the auction"- the form of the auction agreed between the Seller and the Organizer of the auction based on the type of object, the initial cost, the wishes of the Seller and the recommendations of the Organizer of the auction according to the "English", "Dutch" or "Mixed" system.

2.15. "Salesman"- an individual or legal entity that has put up a Real Estate Object for sale at the Auction.

2.16. "Applicant" an individual or legal entity that has submitted to the Organizer of the auction an application for participation in the auction and the documents attached to it, the list of which is provided for in the notice of the auction.

2.19. "Contender"- an individual or legal entity that has expressed a desire to participate in the auction and submitted an application with the documents necessary for participation in the auction and paid the deposit.

2.20. "Deposit" the amount of money transferred by the applicant to the current account specified in the information message on the auction, as well as in the deposit agreement, to ensure the fulfillment of the future obligation of the applicant to pay for the property

2.21. "Auction Participant"- an individual or legal entity that has expressed a desire to participate in the auction and submitted an application and the documents necessary for participation in the auction, paid the deposit and was recognized by the organizer of the auction as an Auction Participant.

2.22. "Auction Winner"- The auction participant who offered the highest Auction price during the Bidding (provided that the Auction price is not lower than the minimum price, if any), receiving the right to purchase the property.

3. Powers of the auction organizer

3.1. When conducting the Auction, the Bidding Organizer is obliged to be guided by these Rules and the terms of the Contract of Commission concluded with the Seller, as well as comply with the norms of the Civil Legislation of the Russian Federation.

3.2. In the process of preparing and holding the Auction, the Auction Organizer:

  • forms the Commission for the conduct of auctions and ensures its activities; appoints the date, time and place of the auction;
  • determines the form of bidding and the form for submitting proposals for the price of the property as agreed with the Seller;
  • appoints the place for accepting applications for participation in the auction, the date, as well as the start and end time for accepting applications and documents attached to them;
  • accepts bids and registers them in the register of bids for participation in the auction (with assignment of a number to each bid and indication of the date and time of filing the bid), and also ensures the storage of registered bids;
  • at the end of the deadline for accepting bids, submits the registered bids with the documents attached to them to the Commission for the conduct of bidding
  • organizes the preparation and publication of a notice of the auction, as well as a notice on the recognition of the auction as invalid
  • provides Applicants and Bidders with the opportunity to familiarize themselves with the subject of the auction and the documentation characterizing the subject and its legal status, as well as with the rules for conducting the auction
  • enters into agreements with the Applicants on the Deposit
  • submits account statements confirming the receipt of Deposits to the Commission for the conduct of auctions;
  • notifies the Bidders about the refusal of admission to participate in the auction;
  • signs with the winner of the auction a protocol on the results of the auction;
  • performs other actions stipulated by these Rules and the Commission Agreement;

4. Powers of the commission

4.1. To conduct the Auction, by order (order) of the Organizer of the auction, a Commission for the conduct of auctions in the amount of at least three people (hereinafter referred to as the Commission) is formed.

The numerical and personal composition of the Commission is determined in each specific case, depending on the place of the auction, the number and category of property being sold.

At the request of the Seller, the Seller or his representative may be included in the Commission.

4.2. The Chairman of the Commission is appointed a member of the Commission from the Organizer of the auction.

4.3. Members of the Commission participate in its work on the basis of an order (order) on the formation of the Commission for the conduct of bidding.

The representative of the Seller may participate in the work of the Commission on the basis of a duly executed power of attorney.

4.4. The Commission performs the following functions:

  • considers applications and documents received from applicants to the auction organizer for participation in the auction;
  • establishes the fact of timely receipt of the deposit;
  • sums up the results of acceptance and registration of applications and makes a decision on the admission of applicants to participate in the auction;
  • notifies applicants or their authorized representatives of admission or refusal of admission to participate in the auction;
  • decides on determining the winner of the auction;
  • draws up and signs the protocol on the results of the auction
  • decides on declaring the auction invalid, annulment of the results of the auction;
  • performs other functions related to bidding.

4.5. Decisions of the Commission are made by a simple majority of votes of the members of the commission present at the meeting, in case of equality of votes, the vote of the chairman of the commission is

4.6. The meeting of the commission is competent if at least 2/3 of the members of the commission are present at it.

4.7. If the presence of a member of the commission at the meeting is impossible for valid reasons (illness, business trip, etc.), he is replaced with an appropriate change in the composition of the Commission.

4.8. Decisions of the Commission are documented in minutes, which are signed by all members of the Commission who took part in the meeting. When signing the protocols, the opinions of the members of the Commission are expressed in the words “for” and “against”.

5. Information notice about the auction

5.1. An information notice about the Auction should be published by the Organizer of the auction at least 30 days before the announced date of the Auction.

The specified period is calculated from the day following the day of publication of the notice.

5.2. The notice of the Auction is published by the Organizer of the auction in the media and (or) on the official website of LLC "TD" FAME "

5.3. The auction notice must contain the following information:

  • date, time (hour, minutes) place of the Auction
  • date, time, place of summing up the Auction
  • information about the object of sale from the Auction - the name, location address, main characteristics, its composition;
  • information on the procedure for familiarization with the property and documents on the property;
  • information about the form of bidding;
  • the procedure, place, term and time for submitting applications for participation in the Auction (the date and time of the beginning and end of the submission of these applications);
  • a list of documents to be submitted by the participant of the Auction and requirements for their execution;
  • the size of the deposit, the terms and procedure for making the deposit;
  • the initial sale price of the property;
  • minimum selling price (if any);
  • auction step;
  • the procedure and criteria for identifying the winner of the auction;
  • the procedure and term for concluding a contract of sale with the winner of the auction;
  • information about the organizer of the auction.

6. Procedure for accepting applications for participation in the auction

6.1. The organizer of the auction organizes the acceptance of applications for participation in the auction within the time period established by the broadcast

6.2. To participate in the auction, applicants (individuals or legal entities) provide the Organizer of the auction with:

  • An application for participation in the auction according to the form established by the Organizer of the auction and a list of documents submitted together with the application (in 2 copies). The application must be completed in written or electronic form in Russian.

6.3. The following documents must be attached to the application for participation in the Auction

6.3.1. Applicants - individuals provide:

  • passport (original and copy);
  • passport (original and copy) of an authorized representative, if the application is submitted by a representative;
  • duly executed power of attorney for a person entitled to act on behalf of the applicant, if the application is submitted by a representative (original and copy)
  • duly certified consent of the spouse (wife) of the applicant - an individual on the transaction at the auction or confirmation that at the time of the auction the applicant is not married;

6.3.2. Individual entrepreneur applicants represent:

  • certificate of state registration of an individual as individual entrepreneur(original and copy)
  • certificate of registration of an individual entrepreneur with a tax authority; (original and copy)
  • passport (original and copy);
  • passport of an authorized representative, if the application is submitted by a representative (original and a copy of the power of attorney indicating the actions to be performed by a person entitled to act on behalf of the applicant, if the application is submitted by the applicant's representative. (original and copy)
  • a list of submitted documents signed by the applicant

6.3.3. Applicants legal entities represent:

  • notarized copies of constituent documents.
  • a notarized copy of a document confirming the fact of making an entry about a legal entity in the Unified State Register of Legal Entities
  • duly certified copy of the document on the appointment of the sole executive body legal entity;
  • the decision of the founders of the legal entity (participants, shareholders) to participate in the auction, or a certified extract from the balance sheet for the last reporting period, confirming that this transaction, made in the event of the applicant's victory in the auction, is not a major one;
  • a list of submitted documents signed by the applicant

6.3.4. Foreign legal entities submit an extract from the trade register of the country of origin or other equivalent proof legal status foreign investor in accordance with the legislation of the country of its location - a list of submitted documents signed by the applicant

6.4. The documents provided by the applicant, in terms of their design and content, must comply with the requirements of the legislation of the Russian Federation. Documents submitted by foreign legal entities must be legalized and have a properly certified translation into Russian.

6.5. Documents containing blots, erasures, corrections, etc., are not considered.

6.6. One person can submit only one application for participation in the auction for one lot.

If the applicant wishes to bid on several lots, he submits an application and all Required documents, and also pays a deposit, for each lot separately.

6.7. The organizer of the auction ensures the confidentiality of the information and proposals contained in the submitted applications for participation in the auction before the start of the auction.

6.8. The applicant has the right to change or withdraw his application for participation in the Auction at any time before the deadline for submission of applications for participation in the auction. If a change is made to the bid, the date of filing the bid is the date on which the said changes are accepted by the auction organizer.

6.9. Applications are submitted within the period specified in the information notice on the bidding. Applications are accepted directly at the address and at the time specified in the notice.

6.10. The bidding organizer accepts bids and keeps records of them in the bid registration log, assigning a number, indicating the date and time of their acceptance. At the same time, on the copy of the list of documents, which remains with the applicant, a note is made about the acceptance of the application, indicating the date, time and registration number assigned to this application.

6.11. The application is submitted by the applicant personally or by his authorized representative, and can also be sent by registered mail with acknowledgment of receipt.

6.12. If an application is received by mail, a copy of the application indicating the registration number assigned to it, the date and time of receipt of the application is sent to the applicant or his authorized representative by registered mail with acknowledgment of receipt.

6. 13. The auction organizer refuses to accept and register an application for an applicant in the following cases:

  • the application is filed in an unspecified form;
  • the application was submitted before or after the deadline for accepting applications specified in the notice;
  • the application is submitted by a person not authorized to act on behalf of the applicant;
  • Not all of the documents listed in the notice have been submitted.

This list of grounds for refusing to accept an application for participation in the Auction is not exhaustive.-

6.14. A note about the refusal to accept the application indicating the date, time and reason for the refusal is made on the inventory of the documents submitted by the applicant.
An unaccepted application with the documents attached to it is returned to the applicant on the day of its submission, together with a list of documents containing a note on the reason for the refusal, by handing them over to the applicant or his authorized representative against receipt or by sending the specified documents by registered mail with acknowledgment of receipt.

6.15. The auction organizer, within three working days from the date of the deadline for accepting bids, checks the documents submitted by the applicants for the presence of false information in them.
At the same time, the Organizer of the auction has the right to demand clarifications regarding the information contained in the application.
Upon completion of the verification of bids, the Organizer of the auction shall submit to the auction commission the received bids, the list of received bids and information on the results of such verification

6.16. Based on the results of consideration of the materials and bids submitted by the Organizer of the auction, the auction commission decides on the recognition or non-recognition of the applicant as a participant in the auction.
The Commission refuses to recognize the applicant as a bidder if:

  • the submitted documents do not comply with the requirements of the legislation of the Russian Federation or contain unreliable (distorted) information;
  • the applicant does not meet the requirements for a bidder;
  • the deposit was received to the account specified in the notice of the auction, not in full or in violation of the terms of these Rules and (or) the relevant agreement on the deposit.

6.17. The decision of the Commission on the admission of applicants to participate in the auction is made based on the results of consideration of the applications for participation in the auction submitted by the Organizer and is drawn up in a protocol.

6.18. The minutes of consideration of applications for participation in the auction shall indicate:

  • all registered applications indicating the names (names) of applicants, date and time of acceptance;
  • all withdrawn applications;
  • names (names) of applicants recognized as bidders;
  • the names (names) of applicants who were denied admission to participate in the auction, indicating the grounds for such refusal.

6.19. Applicants who have fulfilled all the conditions and requirements specified by the Organizer in the information notice on the auction are allowed to participate in the open Auction for the sale of property, namely:

  • timely submitting an application for participation in an open auction,
  • submitted duly executed documents in accordance with the list determined by the Bid Organizer and confirming their legal capacity to act as buyers of the property being sold
  • paid the dues on time.

6.20. The Commission notifies all applicants of the results of consideration of submitted bids for participation in the auction and recognition or non-recognition of the applicants as participants in the auction by handing them a corresponding notification against receipt, or by sending such a notification by mail (registered mail) no later than the next working day from the date of signing the protocol definition of auction participants

6.21. After the Commission draws up the minutes on the auctions of consideration of applications, the registered applications are transferred according to the inventory for storage to the organizer of the auctions.

6.22. The applicant acquires the status of a bidder from the moment the commission draws up the protocol for consideration of bids for participation in the bidding. The Commission assigns a registration number to the bidder, which is indicated in the bidder's ticket, issued to him simultaneously with the notification of recognition of the Bidder as an auction participant.

7. Procedure for holding an open auction

7.1. Auction participants admitted to trading are registered by the Auction Organizer on the day, at the address and at the time specified in the notice.

7.2. To register, the Auction participant must provide:

  • appearing in person, present to the organizer of the auction an identity document (passport), ticket of the participant of the auction
  • the representative of the Auction participant (for individuals) presents a notarized power of attorney to perform actions to participate in the Auction, the ticket of the bidder
  • the representative of the Auction participant (for legal entities) presents a power of attorney to perform actions to participate in the auction signed by the head of the organization and certified by the seal of the organization, the ticket of the bidder

In the absence of such documents, registration of this participant is not carried out.

7.3. The organizer of the auction in respect of each participant in the auction enters in the register of participants, in which the full name is indicated. (name) of the Auction participant, full name representative, if a participant's representative came to participate in the Auction, issues to the participant or his representative (if the participant's representative came to participate in the Auction), a card with the number of the bidder, which corresponds to the registration number of the bidder's ticket. Each participant is given only one card, regardless of the number of representatives. After that, the participant or his representative signs in the registration log of participants.

7.4. In the event that by the appointed time of the auction, no participant is registered in the register of bidders, or only one participant is registered, the Auction is recognized as failed, which is reflected in the Protocol on recognizing the Auction as failed.

7.5. The Auction is carried out by a specialist (Auctioneer), from the staff of the Auction Organizer. To conduct the Auction, the Bidding Organizer may invite an Auctioneer, with whom he concludes an Auction Contract.

7.6. The auction is conducted by the Auctioneer in the presence of the Commission formed by the Organizer of the auction, which ensures order during the auction and compliance with the current legislation and these Rules. The number of members of the Commission must be at least five people, while the quorum is considered reached in the presence of three members of the commission. The Commission includes the Owner or his authorized representative. Prior to the bidding, the Chairman of the Commission is elected.

7.7. The auction begins with the announcement by the Chairman of the Commission about the opening of the Auction. After the opening of the Auction, the conduct of the Auction by the Chairman of the Commission is transferred to the Auctioneer.

7.8. After that, the Auctioneer finds out from those present (bidders, seller, members of the Commission) whether there are circumstances that prevent further bidding. If there are no such circumstances, the auction continues. If there are, the Auctioneer announces a break and the Commission retires to make an appropriate decision, which is subsequently reported to those present.

7.9. During the Auction, the sale of property is carried out for each lot separately

7.10. The auctioneer announces the name of the property, its main characteristics, the initial sale price, as well as the “upward auction step” and “downward auction step”, as well as the rules for conducting the auction.

"Auction step up", "auction step down" are set by the Auction Organizer in agreement with the Owner in a fixed amount, not more than 5 percent of the initial sale price, and do not change during the entire auction. At the same time, the size of the “upward auction step” is a multiple of the “upward auction step” size.

7.11. After the auctioneer announces the initial selling price, the auction participants are invited to declare this price by raising the card.

7.12. If after the announcement by the auctioneer of the initial sale price, the card was raised by at least one participant of the auction, then the Auctioneer offers other participants of the Auction to increase the initial price by the value of the “upward step of the auction.

If prior to the third repetition of the initial sale price, none of the Auction participants increases the initial price by the “upward auction step”, then the Auction participant who raised the card to confirm the initial price is declared the winner. The purchase price of the property is the initial sale price.

In this case, the Auction ends,

7.13. If, after the announcement of the initial sale price, the cards were raised by several participants of the Auction or after the Auctioneer's proposal to increase the initial price by the “up auction step” until the third repetition of the initial price, at least one Auction participant increased the price by raising the card, the Auctioneer increases the sale price in accordance with the “up step” auction for an increase” and names the number of the Auction participant who raised the card.

7.14. Further, the sale price is increased by the "up auction step" by the participants of the Auction by raising the card. After the announcement of the next sale price, the Auctioneer names the card number of the Auction participant who, from his point of view, raised it first, and points to this Auction participant. The auction continues as long as there are bids for the price in accordance with the "up auction step".

If there are no participants in the Auction offering to increase the sale price of the property by an “up auction step”, the Auctioneer repeats the last proposed sale price three times.

The auctioneer announces the sale of the property, names the price of the sold property and the number of the Auction winner's card.

7.15. If, after the announcement of the initial price, none of the participants in the Auction raises their card, the Auctioneer lowers the initial price in accordance with the “downward auction step” and announces new price sales. The initial sale price is reduced with the announced "decrease auction step" until the moment when one of the participants in the Auction agrees to purchase the property at the price announced by the Auctioneer.

If, when the initial price is lowered by an “upward auction step”, at least one Auction participant raises a card confirming their intention to purchase property at the last price announced by the Auctioneer, the Auctioneer offers the Auctioneer to increase the indicated price by an “up auction step”, and repeats the last declared price three times. If before the third repetition of the sale price none of the participants of the Auction raised the card, the Auction ends. The winner of the Auction is the participant of the Auction, whose card number and the price offered by him were named by the Auctioneer last.

7.16. If, after the Auctioneer's proposal to increase the price by the “up auction step” until the third repetition of the indicated price, at least one Auction participant increased the price by raising the card, the Auctioneer raises the selling price in accordance with the “up auction step” and names the number of the Auction participant who raised card.

Further, the sale price is increased by the "up auction step" by the participants of the Auction by raising the card. After the announcement of the next sale price, the Auctioneer names the card number of the Auction participant who, from his point of view, raised it first, and points to this Auction participant. The auction continues as long as there are bids for the price in accordance with the "up auction step". If there are no participants in the Auction offering to increase the sale price of the property by an “up auction step”, the Auctioneer repeats the last proposed sale price three times.

If before the third repetition of the sale price none of the participants of the Auction raised the card, the Auction ends. The winner of the Auction is the participant of the Auction, whose card number and the price offered by him were named by the Auctioneer last.

The auctioneer announces the sale of the property, names the price of the sold property and the number of the Auction winner's card.

7.17. Price reduction is allowed up to the "minimum selling price".

In the event that the “minimum selling price” is reached as a result of the reduction in the starting price, the Auctioneer announces that it has been reached and repeats it three times.

If before the third repetition of the “minimum sale price” at least one Auction participant raised a card to confirm their intention to purchase property at the specified price, the Auction continues in the manner provided for in paragraphs 7.15 and 7.16 of the Rules.

If, before the third repetition of the "minimum sale price", none of the participants raises a card to confirm their intention to purchase property at the "minimum sale price", the Auction is declared invalid.

8. Registration of the results of the auction

8.1. The auction results are summed up by the Auction Commission and drawn up by a protocol on the results of the auction in 3 (three) copies. .The protocol shall indicate:

  • trade name
  • composition of the auction commission
  • F,I,O, (name) of the winning bidder,
  • details of a legal entity or data of an identity document, an individual entrepreneur
  • initial price of the subject of bidding
  • the final price of the subject of the auction, proposed by the winner of the auction and the condition of its payment;
  • other information and conditions for acquiring the subject of bidding at an auction
  • information that the auction is declared invalid (if applicable).

The Protocol on the results of the Auction has equal legal force, the first of which is transferred to the Winner of the Auction, the second - to the Seller, the third remains with the Auction Organizer.

8.2. The Protocol on the results of the Auction is signed by the Auctioneer, the Commission and the winner of the Auction. Approved by the Organizer of the auction no later than the next working day from the date of the auction.

The protocol on summarizing the results of the Auction is a document certifying the right of the winner of the Auction to conclude a Sale and Purchase Agreement based on the results of the Auction.

9. Recognition of the auction as invalid

9.1. The auction is declared invalid if:

  • during the period for accepting applications, the Organizer of the auction received only one application from the applicant for participation or not a single application was received;
  • upon the expiration of the deadline for accepting bids, no bidder is allowed to participate in the auction or only one bidder is admitted;
  • auction participants did not appear at the appointed time and day to participate in the auction or only one participant appeared;
  • the representative of the participant (representatives of the participant) was denied participation in the Auction due to the lack of properly executed documents confirming the authority of the representative, if the number of registered participants is less than two;
  • during the Auction, none of the participants declared the initial price;
  • none of the bidders during the Auction after the announcement of the "minimum sale price" raised the card;

9.2 If the Auction is declared invalid, on the same day a protocol is drawn up on the recognition of the Auction as invalid, which is signed by the Auctioneer, members of the Commission and approved by the Auction Organizer.

10. Procedure for payment, return and deduction of the deposit

10.1. Procedure for paying the deposit

10.1.1. The deposit is subject to transfer by the Applicant on the basis of the Deposit Agreement to the account specified in the Agreement and is transferred directly by the Applicant.

IN payment order the column "purpose of payment" should contain a reference to the details (No., date, year) of the Deposit Agreement, the date of the Auction, Lot No.

10.1.2. The deposit serves as a security for the fulfillment of the Bidder's obligations to conclude a sale and purchase agreement and pay for the Property sold at the auction if the Auction participant is recognized as the winner.

10.1.3. If the amount of the Deposit from the Applicant is not credited to the settlement account of the Auction Organizer on the date specified in the information notice, the Applicant is not allowed to participate in the Auction. The submission by the Applicant of a payment order with a mark of execution is not taken into account by the Organizer of the auction.

10.1.4. On cash, listed as a deposit, no interest is charged

10.2. The procedure for the return of the deposit

10.2.1. The Deposit made is subject to return within five working days to the current account:

  • Applicant not allowed to participate in the Auction. In this case, the period for the return of the Deposit is calculated from the date of signing by the Auction Commission of the protocol on
    results of consideration of applications;
  • To the Applicant or the Auction Participant who withdrew the application before the start of the auction. In this case, the term for the return of the Deposit is calculated from the date of receipt by the Organizer of the auction of a written notice of the withdrawal of the application;
  • To the Auction participant who did not become the winner. In this case, the term for the return of the deposit is calculated from the date of signing the protocol on the results of the auction;
  • To the Applicant or Participant of the Auction in case the Auction is declared invalid or if the Organizer of the auction decides to cancel the auction. In this case, the period is calculated from the date of the announcement of the Auction as failed or from the date of the decision to cancel the auction.
  • The date of return of the deposit shall be the date indicated in the payment order for the return of the deposit.

10.2.2. The auction organizer has the right to refuse to conduct an Auction for any Lot no later than 3 days before the date of the Auction specified in the information message,

10.3. The order of deduction of the Deposit

The deposit paid is not returned if:

  • The participant of the Auction recognized as the winner will evade (refuse) from signing the protocol of summarizing the results of the Auction
  • The participant of the Auction recognized as the winner will evade (refuse) from signing and paying within the established period of the Contract for the sale of the Property

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