The Deposit Insurance Agency put up for auction the rights of claim on the debts of more than 6,000 clients of bankrupt banks. Almost all debts are discounted: somewhere it reaches only a few percent, but you can buy a ten millionth debt for a few thousand. As noted in the agency, the borrower himself can buy them: anyone has the right to participate in the auction.
The DIA website, similar to Avito.ru, was launched at the end of 2015. Through it, the agency sells the property left over from liquidated banks: from land plots, stocks and apartments to computer mice and office chairs. In total more than 10 thousand lots. The cost of all property exhibited at the site is estimated at 150-200 billion rubles.
The volume of sales is not decreasing: the clearing of the banking sector by the Central Bank brings more and more victims to the DIA. Currently, the agency is liquidating about three hundred banks and three dozen non-state pension funds. Their total assets are 3 trillion rubles. At the same time, the debts of citizens and companies account for two thirds of this share. total amount, and the rest is real estate, office and banking equipment, furniture, cars.
Previously, the site was mainly attended by mainly furniture and real estate, and sometimes at quite ridiculous prices. Last year, you could buy a leather sofa for 37 rubles or a glass rack for 25 rubles. True, self-pickup from Sakhalin Island - it was there that the branch of Vneshprombank was located, the property of which went under the hammer. Currently, you can buy a computer mouse for 64 rubles or a keyboard for 94 rubles 50 kopecks. True, they will have to go to the Stavropol Territory. And you can buy intellectual property- for example, the logo of the bankrupt "AF Bank" for 360 rubles.
Now debts have also appeared on the site. While we are talking about several thousand debtors. Among them are a variety of people, but there are also debts of the top management of bankrupt banks. For example, the chairman of the board of the former Mira-Bank, Tatiana Nikolaeva. Her debt of 30 thousand euros is sold for only 87 thousand rubles.
The press service of the DIA did not answer Life's questions about whether this practice would continue and how much debt of individuals would be put up for sale. The collection agencies note that they are not interested in buying debts on the site.
Professional collectors are not ready to buy all debts. Most of the large collection agencies are technologically geared towards "conveyor" work with large debt portfolios, - notes Boris Voronin, director of the National Association of Collection Agencies. - Individual work far from everyone deals with individual debts, especially from private creditors, the cost of such collection is much higher than when working with debt portfolios. In addition, before buying, collectors always evaluate the quality of debts, the possibility of collection. About a third of transactions between banks and collection agencies remain unclosed: collectors are not ready to buy debt portfolios for which information is insufficiently disclosed, or if the portfolio as a whole is of poor quality. Most likely, these debts put up for sale are practically hopeless, which is why they are sold at a low cost.
However, they may be of interest to the debtors themselves: the fact is that there is a chance that from next year, which is still inviolable for claimants. Buying debt is not difficult: anyone can register on the DIA website. To participate in the auction, you need to make a deposit in the amount of 10% of its initial cost. In the future, this money will be returned to all the losers.
However, sometimes the debtors themselves from the DIA base, whom Life managed to get through, claim that they are hearing about the debt for the first time. For example, Denis Mayants learned from Life that his debt of 17,480 rubles was being sold on the DIA site for 3,146 rubles.
It comes as a complete surprise to me,” he says. - Once I took a loan from Metrobank, but I repaid it in full a long time ago and was sure that there could be no debt in principle. I will understand and then decide whether to buy it or act by some other methods.
It is much more difficult to buy your debt at a discount from collection agencies themselves. Although some of them often hold various promotions for discounts and debt restructuring.
It is often easier to negotiate with collectors than with banks, which are concerned about various requirements of the Central Bank and the problem of reserves. Collectors are more interested in a quick cash flow, albeit in a smaller amount, so debtors should enter into negotiations and try to get a good deal, says Voronin.
However, some collection agencies have already turned to the FSSP with a request to give them the opportunity to sell individual debts at a discount through the FSSP website.
Now we are proposing, and have already discussed this topic with the director of the service bailiffs, create a redemption scheme through the data bank system enforcement proceedings, - says Dmitry Zhdanukhin, General Director of the Collection Development Center. - That is, to be able to sell at a discount those debts that have already been sued. Now there is only a button to "pay" the debt without a discount, and anyone can do it for the debtor, even a friend, even an enemy, who will thus redeem the debt and be able to make claims himself. Collection agencies not that they underestimate the possibility of selling individual debts, just in terms of paperwork, servicing them, it will cost them too much.
1.1. The procedure for the sale of assets of liquidated credit institutions (hereinafter referred to as the Procedure) regulates the rules for preparing, organizing and conducting procedures for the sale of property (property rights) (hereinafter also referred to as assets, property) of liquidated credit institutions in respect of which the State Corporation "Deposit Insurance Agency" (hereinafter - the Agency) exercises the powers of a bankruptcy trustee (liquidator), interaction of the Agency's structural divisions on the preparation, organization and implementation of procedures for the sale of assets of liquidated credit institutions, and also establishes binding rules preparation of documents stipulated by the Procedure.
1.2. The sale of assets of credit institutions is carried out in accordance with the norms of the Civil Code Russian Federation, legislative acts in the field of insolvency (bankruptcy), orders, orders of the Ministry of Economic Development of Russia and other regulatory legal acts of the Russian Federation governing relations arising from the sale of assets of credit institutions (hereinafter referred to as the legislation of the Russian Federation).
1.3. The assets of credit institutions are sold in accordance with the following principles:
Information openness of procedures for the sale of assets credit institution;
Equality, fairness, absence of unreasonable restrictions on competition in relation to persons - potential buyers of assets of a credit institution;
Observance of the rights and legitimate interests of all persons intending to take part in the acquisition of assets of a credit institution, as well as creditors, founders (participants) of a credit institution and other persons whose obligations are subject to fulfillment at the expense of the property of a credit institution;
Savings in the course of bankruptcy proceedings (liquidation) in relation to credit institutions, including minimization of expenses for organizing and conducting tenders;
Ensuring equal access of all persons to participation in the auction, including information on the conduct of the auction, without charging them a fee, as well as transparency in transactions with the property of a credit institution.
1.4. As part of the sale of a credit institution's assets, all types of property are alienated, including: land, buildings, structures, structures, equipment, inventory, raw materials, products, rights of claim, other property rights, securities (shares, bills of exchange, mortgages, investment shares, bills of lading, checks, etc.), participation shares and shares in authorized (share ) capital, the right to claim against the persons controlling the credit institution, brought to subsidiary liability for its obligations, with the exception of property and rights that cannot be transferred to third parties.
1.5. The assets of a credit institution are sold at open auctions in the form of an auction, tender, through a public offer with an open or closed form for submitting price proposals, as well as in other forms provided for by the legislation of the Russian Federation.
The property of a credit institution that, in accordance with the legislation of the Russian Federation, is classified as property with limited transferability (hereinafter referred to as limited transferable property) is subject to sale at a closed auction.
By general rule the organizer of property auctions (sales of property) of a credit institution is the Agency. By decision of the committee (meeting) of creditors or the arbitration court considering the case of bankruptcy (forced liquidation) of a credit institution, a specialized organization accredited with the Agency in the nomination "Trading Organizer" or another specialized organization may act as an organizer of auctions for the property of a credit institution.
1.6. The following assets of a credit institution are subject to sale at auctions held in electronic form (hereinafter referred to as the "Tradings"):
Real estate;
Securities not admitted to circulation on an organized market valuable papers;
Property rights, including the right to claim under credit and loan agreements;
mortgaged property;
Items of historical or artistic value;
A thing, the market value of which exceeds 500 thousand rubles, including an indivisible thing, a complex thing, a main thing and a thing connected with it by a general purpose (accessory);
Other types of property (including property rights), the mandatory sale of which at the Auction is established by the legislation of the Russian Federation.
The credit institution's property not sold at the first Auction shall be subject to sale at the repeated Auction.
The property of a credit institution not sold at the repeated Auction shall be subject to sale at the Auction by means of a public offer.
1.7. The following assets of a credit institution may be sold at auctions without the use of technical means of an electronic platform (hereinafter referred to as non-electronic auctions):
A thing with a market value of less than 500 thousand rubles, including an indivisible thing, a complex thing, a main thing and a thing connected with it by a general purpose (accessory) (hereinafter referred to as property worth less than 500 thousand rubles);
Property, the carrying amount of which at the last reporting date before the date of opening of bankruptcy proceedings (introduction of the liquidation procedure) is less than 100 thousand rubles (hereinafter referred to as low-value property);
Securities admitted to circulation on the organized securities market;
The property of a credit organization not sold at the repeated Auctions, acquired by the Agency at the initial price established for the repeated Auctions.
1.8. Responsible for the preparation, organization and conduct of the procedure for the sale of assets of a credit institution, including the preparation and placement of notices about the conduct of auctions and auctions in non-electronic form (hereinafter referred to as the auction), as well as the sale of low-value property, is the Department for the sale of assets (hereinafter referred to as DRA).
1.9. Applications and the documents attached to them received by the Agency as a bankruptcy trustee (liquidator) during the auction of the property of a credit institution are not subject to the rules for receiving and registering correspondence established by the Regulations on the procedure for preparing, passing and storing documents in the State Corporation Deposit Insurance Agency ” (approved by the decision of the Board of the Agency dated April 1, 2004, protocol No. 13).
Acceptance and registration of such applications (documents) is carried out in accordance with the requirements of the legislation of the Russian Federation and the Procedure.
2.1. In accordance with the procedure stipulated by the regulatory documents of the Agency, the Asset Management Department (hereinafter referred to as the ADM), together with the representative of the bankruptcy trustee (liquidator) (hereinafter referred to as the Agency Representative), draws up a register of assets of a credit institution (hereinafter referred to as the Register).
Not later than 3 working days from the moment of compiling the Register, the ROV sends a copy of it to in electronic format in the DRA.
2.2. Not later than 3 months from the date of receipt of the Register, the DRA prepares Recommendations on the sale of assets of a credit institution (hereinafter referred to as the Recommendations).
2.3. Within 3 working days from the date of preparation of the Recommendations, the DRA submits them to the Representative of the Agency for use in the formation of proposals by the bankruptcy trustee (liquidator) on the procedure, terms and conditions for the sale of the property of a credit institution (hereinafter referred to as the proposal for the sale of assets) and in the DUA.
2.4. In the event of an assessment of the property of a credit institution, the DUA informs the DRA of its completion within 5 business days from the date of inclusion of the property valuation report in the Unified Federal Register of Bankruptcy Information (hereinafter referred to as the EFBR) by sending a message about the fact of inclusion of the report to the e-mail address of the DRA.
2.5. Not later than 10 working days from the date of inclusion in the EFRS of the results (intermediate results) of the inventory or the report on the assessment of the property of the credit institution, the Representative of the Agency sends to the DRA a list of property to be sold.
The property of a credit institution that is not subject to valuation may be put up for sale before the valuation is completed and the relevant report is included in the EFRS.
Upon completion of the inventory of a part of the assets of a credit institution (an inventory of assets of one type (class)) until the completion of the inventory of all property, that part of the assets whose inventory has been completed may be put up for sale.
Upon agreement with the committee (meeting) of creditors, proposals for the sale of assets that are not subject to valuation, as well as parts of the assets whose inventory has been completed, may be submitted for consideration by the committee (meeting) of creditors after the completion of the inventory and valuation of other property.
2.6. The list of property to be sold at the Auction is sent by the Representative of the Agency to the DRA in writing (on paper) and in electronic form in xls/xlsx format in the form of Appendices No. 1.1 - 1.3 to the Procedure by a memo in the form of Appendix No. 2 to the Procedure.
The breakdown of prefabricated lots is provided by the Representative of the Agency in the DRA in electronic form in the DOC / DOCX format in the form of Appendix No. 3 to the Procedure.
The list of property to be sold without bidding is sent by the Representative of the Agency to the DRA in writing (on paper) and in electronic form in xls / xlsx format in the form of Appendix No. 4 to the Procedure with a memo in the form of Appendix No. 5 to the Procedure.
2.7. Not later than 10 working days from the date of receipt by the DRA of the documents provided for by the Procedure, but not less than 3 working days before the date of the meeting of the Commission on operational issues of bankruptcy proceedings (liquidation) (hereinafter referred to as the Commission), at which it is planned to consider the issue of approving proposals on the sale of assets, the DRA sends to the Department of Security and Information Protection (hereinafter - DBZI) for information, as well as to the DUA for approval the list of property to be sold.
The list of property subject to sale is sent to the DBZI and ROV in electronic form to the addresses Email DBZI and ROV employees authorized to receive relevant messages from the DRA, respectively.
Approval of the list of property to be sold by the RUA is carried out within 1 working day from the date of its receipt from the DRA by sending the message “AGREED” to the e-mail address of the DRA by the authorized employee of the RUA.
2.8. If there are restrictions on the sale of the assets of a credit institution and/or circumstances indicating the inappropriateness of the sale of an asset, the ROV, within the time period established in the Procedure, sends to the DRA information on the inappropriateness of the sale of property or existing restrictions on its sale (hereinafter referred to as information on restrictions) indicating the reasons for these restrictions.
3.3. When submitting to the DRA the documents stipulated by the Procedure, later than the deadline for organizing the Auction specified in the decision of the committee (meeting) of creditors to approve the proposal for the sale of assets, or less than 14 days before the date of publication of the announcement of the auction in the official publication, the Representative of the Agency sends in the DRA a memo in the form of Appendix No. 16 to the Procedure indicating the reason for non-compliance with the deadlines for organizing the auction.
3.4. If there are restrictions on the sale of the assets of a credit institution and/or circumstances indicating the inappropriateness of the sale of an asset, the DUA no later than 3 business days from the date of receipt from the Representative in accordance with the Procedure for information on amendments to the proposal for the sale of assets previously approved by the Commission , sends to the DRA information about the restrictions in the form of Appendix No. 17 to the Procedure.
The data on restrictions received from the RMS are taken into account by the DRA when preparing a draft report on the holding of auctions in the property of a credit institution.
Within 2 working days from the date of receipt from the ROV of information about the restrictions, the DRA informs the Representative of the Agency about this.
The representative of the Agency notifies the committee (meeting) of creditors of the credit institution of the availability of information about restrictions or sends an application to the arbitration court that approved the proposal for the sale of assets to review the decision due to new (newly discovered) circumstances.
If the proposal for the sale of assets is approved by the court, the preparation of a draft notice on the sale of the property of the credit institution is suspended until the DRA receives information about the decision taken as a result of consideration of the application of the Representative of the Agency specified in this clause.
3.5. Within the period established by the decision of the committee (meeting) of creditors on the procedure, terms and conditions for the sale of the credit institution's property, the DRA prepares a draft report on the auction of the credit institution's property in the form of Annexes No. 18.1 - 18.7 to the Procedure.
3.6. A notice of an auction in the property of a credit institution must contain information provided for by the legislation of the Russian Federation in force at the time of publication of the notice.
The notice on the holding of auctions in the property of a credit institution may contain additional information required to more fully inform applicants about the property of the credit institution being sold.
3.7. The preparation of a notice on holding an auction in the property of a credit institution is subject to the following conditions:
The start date for accepting applications for participation in the Auction by the EPA is set no earlier than the second business day from the date of publication of the notice on the conduct of the Auction in the official publication;
The initial sale price of the property (initial sale price of the lot) is set in accordance with the decision of the committee (meeting) of creditors of the credit institution;
If, as of the date of preparation of the draft notice on the holding of auctions in the property of a credit institution, the obligations of borrowers under loan agreements are executed in full or in part, then the rights of claim to these borrowers are respectively excluded from the composition of the property (lot) being sold or adjusted taking into account the decrease in the amount of debt.
In this case, the Representative of the Agency sends to the DRA a memorandum in the form of Appendix No. 19 to the Procedure on the exclusion of the relevant rights of claim from the composition of the property (lot) being sold or on adjusting the amount of the debt and setting a new initial sale price of the property.
4.1.1. After the preparation of a notice on the conduct of the Auction in the property of the DRA credit institution within the time limits established for the organization of the Auction by the decision of the committee (meeting) of creditors:
Sends a memo to the DOS in the form of Appendix No. 20.1 to the Procedure;
Sends the text of the message about the Trades to the Representative of the Agency (if the credit institution is located outside of Moscow and the Moscow region);
Prepares a template with a list of realizable property for importing lots to an electronic platform in the form of Annexes No. 21.1 - 21.2 to the Procedure, an agreement on making a deposit and draft sales contracts, assignments in the forms established by the Procedure for concluding contracts.
Placement on the official website of the Agency and inclusion in the EFRSB, as well as publication of a notice on the conduct of trading in the official publication are carried out in accordance with the Procedure for preparing and providing information on the progress of liquidation procedures in relation to credit institutions (approved by the decision of the Agency's Board, protocol dated 16.03.2015 No. 32) (hereinafter referred to as the Procedure for preparing information).
Not later than 30 days prior to the date of the Auction, the representative of the Agency shall place a notice on the conduct of the Auction in a regional printed periodical (with the exception of credit institutions located in Moscow or the Moscow Region).
4.1.2. From the moment of publication of the notice on the conduct of the Auction, the DRA, together with the Representative of the Agency, carries out work related to the requests of applicants regarding the organization of the Auction, received by the Agency's e-mail address [email protected]
Processing of requests is carried out by the DRA on a daily basis by reviewing, sorting, accounting and sending to the Representative of the Agency by ownership within 1 working day.
Preparation of responses to inquiries regarding the organization and conduct of the Auction falls within the competence of the DRA and is carried out no later than 5 working days from the date of their receipt by the DRA.
The timing of responses to requests is controlled by the DRA by tracking the result of consideration of the appeal sent to the applicant and received by the Agency's e-mail address [email protected] in the copy.
4.1.3. From the moment of publication of the announcement of the Auction, at the relevant request of the interested person, the DRA during the entire period of the Auction organizes and takes the necessary measures to familiarize potential buyers with the property of credit institutions put up for Auction and located in warehouses leased by the Agency.
Familiarization of applicants with real estate, as well as with property located in storage areas leased by credit institutions, is carried out by the Representatives of the Agency.
4.1.4. After the publication of the notice on the conduct of the Auction within the time limits established by the legislation of the Russian Federation, the DRA sends to the OEP an application for the conduct of the Auction, a template with a list of property for sale for importing lots to the electronic platform, as well as signed electronic signature an agreement on making a deposit and draft agreements for the sale and purchase of property, assignment of rights of claim (cession), a list of the property of a credit institution included in prefabricated (composite, complex) lots (if any).
4.1.5. On the electronic site, with the help of software and hardware, a message about the conduct of the Trades is automatically created, access to which, until the moment of its signing, is provided exclusively to the DRA as structural unit Agency authorized to post such messages.
This message shall be signed with an electronic signature no later than the day following the day of approval of the application for holding the Auction by the EPA. Before signing the message, additional information about the property being sold, including electronic copies of documents on the rights to property, plans, photographs, explications, may be included in it.
After the signing of the message on the conduct of the Trading with an electronic signature, such message shall be placed on the electronic platform in the public domain and cannot be changed, except as provided by the legislation of the Russian Federation.
4.1.6. To participate in the Auction, the applicant, within the time limits and in the manner specified in the notice of the Auction, submits to the EEA an application for participation in the Auction in the form of an electronic document.
The Application for participation in the Auction is drawn up in Russian and must contain the information provided for by the legislation of the Russian Federation and indicated in the message on the auction as mandatory, and may also contain information indicated in the message on the auction as additional (recommended).
The application for participation in the Auction, in addition to the applicant's proposal on the price of acquisition of property (separately for each lot), must be accompanied by copies of the documents provided for by the legislation of the Russian Federation and indicated in the notice of the Auction as mandatory, and copies of documents may also be attached, indicated in the notice of the auction as additional (recommended).
When conducting closed auctions the application for participation in the Auction shall be accompanied by copies of documents confirming the applicant's compliance with the requirements for a participant in the Auction, established in accordance with the legislation of the Russian Federation for the acquirer of restrictedly transferable property.
Copies of the documents attached to the application for participation in the Auction are provided in the form of electronic documents signed by the electronic signature of the applicant.
4.1.7. Registration of an application for participation in the Auction and notification of the applicant and the DRA about this are carried out by the EPA in the manner and within the time limits established by the legislation of the Russian Federation.
4.1.8. The DRA is obliged to ensure the confidentiality of the information contained in the submitted applications for participation in the Auction and the documents attached to them, before the start of the Auction or until the opening of access to the relevant information on the electronic site.
4.1.9. The Applicant has the right to withdraw or change the application for participation in the Auction on the terms, in the manner and within the time limits established by the legislation of the Russian Federation.
4.1.10. To participate in the Auction, the applicant submits an electronically signed deposit agreement signed with an electronic signature.
The deposit is paid by the applicant to the account and in the manner specified in the notice of the auction. The deposit is confirmed by receipt Money to the account specified in the notice of the auction.
The applicant has the right to make a deposit to the account specified in the notice of the auction without providing a signed deposit agreement. In this case, the transfer of the deposit by the applicant in accordance with the notice of the auction is considered an acceptance of the deposit agreement posted on the electronic site.
4.1.11. Acceptance of bids for participation in the Auction and deposits shall be terminated upon the expiry of the deadline for accepting bids specified in the notice of the Auction.
4.1.12. Based on the results of consideration of all submitted applications for participation in the Auction, as well as confirmation of the fact of receipt of deposits from the applicants, the DRA within the period specified in the notice of the Auction, decides on the admission of applicants to participate in the Auction or on refusal to admit applicants to participate in the Auction , which is drawn up by the protocol on the determination of the participants in the auction.
Applicants who have paid deposits no later than the deadline for accepting bids and submitted applications for participation in the Auction and the documents attached to them that comply with the requirements established by the legislation of the Russian Federation and specified in the notice of the Auction are allowed to participate in the Auction.
Applicants admitted to the Auction are recognized as participants in the Auction.
The decision to refuse the applicant's admission to participation in the Auction is made on the grounds provided for by the legislation of the Russian Federation.
4.1.13. On the day of signing the protocol on the determination of bidders, the DRA sends it in the form of an electronic document of the OES to notify all applicants of their recognition as bidders or refusal to recognize them as bidders.
4.1.14. Within the terms established by the legislation of the Russian Federation, the DRA considers the proposals of the Bidding Participants on the price of acquiring the property of a credit institution and determines the winner of the Bidding.
The Bidder who has offered the highest price for the property of the credit organization, but not less than the established initial sale price of the property, shall be recognized as the winner.
In the event that two or more Bidding Participants' bids for participation in the Auctions contain the same bids for the price of the property of a credit institution, the winner of the Auctions shall be the participant who has previously submitted an application for participation in the Auctions.
The provisions of this paragraph shall apply unless otherwise provided by this Procedure.
4.1.15. Within the period established by the legislation of the Russian Federation, the DRA approves the protocol on the results of the Auction and sends it to the OES for posting on the electronic site, including it in the EFRS and sending it in the form of an electronic document to all participants in the open auction.
4.1.16. After approval of the protocol on the results of the Auction, the DRA sends a copy of it to the Representative of the Agency and to the DUA.
4.1.17. Not later than 2 working days from the date of approval of the protocol on the results of the Auction, the DRA sends a copy of this protocol to the winner of the Auction.
4.1.18. The auctions are recognized as failed on the grounds stipulated by the legislation of the Russian Federation.
In the event that the Auction is declared invalid and the sale and purchase agreement is not concluded with the sole participant of the Auction, the DRA, within the period established by the legislation of the Russian Federation, draws up and submits to the OEP a protocol on recognizing the Auction as invalid, indicating the grounds for declaring the Auction invalid for posting on the electronic platform and in EFRSB.
After approval of the protocol on the recognition of the Auction as invalid, the DRA sends the protocol to the Representative of the Agency.
4.1.19. If the property (part of the property) of the credit institution was not sold at the Auction, repeated Auctions of the property of the credit institution shall be held.
Repeated Auctions are held in accordance with the requirements established for the first Auctions. The initial sale price of the property at the repeated auctions is set in accordance with the requirements of the legislation of the Russian Federation.
In order to minimize the costs of publishing a notice on the conduct of the Auction and to reduce the time for organizing and holding the Auction, if this condition is stipulated by the decision of the committee (meeting) of creditors of the credit institution, it is allowed to publish in one notice of the conduct of the Auction information on the first and repeated Auctions in the property of the credit institution .
4.1.20. Within 15 working days from the date of signing the protocol on the results of the PDA Trading:
Prepares a message on the results of the Auction;
Fills out an application for posting a message about the Auction on the official website of the Agency - www.asv.org.ru;
Sends a memo to the DOS in the form of Appendix No. 22 to the Procedure;
Sends to the Representative of the Agency the text of the message on the results of the Auction for publication in a printed publication at the location of the credit institution (with the exception of credit institutions located in Moscow or the Moscow Region);
Within 15 business days from the date of signing the protocol on the results of the Auction, the Agency's Representative shall place a notice on the results of the Auction in a printed periodical at the location of the credit institution (except for credit institutions located in Moscow or the Moscow Region).
The DRA is responsible for the compliance of the content of the draft report on the results of the auction with the protocol on the results of the auction.
Placement on the official website of the Agency and in the EFRSB, as well as publication of a message on the results of the Auction in the official publication are carried out in accordance with the Procedure for preparing information.
4.2.1. When conducting Bidding using an open form for submitting proposals for the price of acquiring property, these proposals are provided by the participants of such Bidding openly during the Bidding.
Bidding using an open form for submitting proposals for the purchase price of property is conducted by increasing the initial sale price of property by an amount that is a multiple of the “auction step” established by the decision of the committee (meeting) of creditors of the credit institution and indicated in the notice of the auction.
4.2.2. Bidding using an open form for submitting proposals for the price of acquiring property is held on the electronic platform on the day and time specified in the notice of the Bidding.
4.2.3. When conducting Bidding using an open form for submitting proposals for the price of property, information is posted on the electronic site on all proposals of Bidders on the price of acquiring property and the time of their receipt, as well as the time until the expiration date for the submission of such proposals.
Access to this information is provided only to persons registered on the electronic platform.
4.2.4. The time of the Auction shall be established in accordance with the procedure established by the legislation of the Russian Federation and indicated in the notice of the Auction.
4.2.5. When conducting Bidding using an open form for submitting proposals for the purchase price of the property of the OEP, it must be ensured that the Bidder cannot submit two or more identical proposals for the price of acquiring property.
If the property price was offered equal to the price of the property offered by another (other) participant (participants) of the Auction, the proposal for the price of the property received earlier than other offers shall be recognized as submitted.
4.2.6. The proposal for the purchase price of property may be rejected only on the grounds provided for by the legislation of the Russian Federation.
4.3.1. In the event of an Auction with a closed form for submitting proposals for the price of acquiring property, an application for participation in the Auction containing a proposal for the price of the debtor's property shall not be disclosed prior to the commencement of the Auction.
Confidentiality of such offers is ensured with the help of hardware and software of the electronic platform.
4.3.2. When conducting Bidding with a closed form for submitting bids on the price of acquiring property, bids on the price of acquiring property are submitted by Bidders simultaneously with the submission of applications for participation in the Auction or on the day of summarizing the results of the Bid before the time of summing up the Bid specified in the notice of the Bid.
4.3.3. On the day, at the time and at the place indicated in the notice of the Auction, proposals for the price of acquiring property are posted on the electronic platform.
4.3.4. Bidding with a closed form for submitting proposals for the price of acquiring property is carried out by comparing bids for the price of acquiring property received from the participants in the Bid before the time specified in the notice of the Bid.
4.4.1. The sale of property of a credit institution at the PPP auction is carried out if one of the following grounds exists:
1) repeated Auctions are declared invalid due to non-submission of bids for participation in the Auctions;
2) repeated Auctions are recognized as failed due to non-payment by the applicant of the deposit in the established amount (payment in the amount of less than 10% of the lot price) and / or the deadline;
3) repeated Auctions are declared invalid and the contract is not concluded with their sole participant;
4) the contract is not concluded with the winner or other participant of the Bidding.
The preparation and conduct of the PPP Bidding are carried out in the manner provided for, and the Procedure, taking into account the features provided for in this subsection.
4.4.2. In order to minimize the costs of publishing a message on the conduct of the DVP Trading and to reduce the time for organizing and conducting the DVP Trading, when such a decision is made by the committee (meeting) of creditors of a credit institution, it is allowed to publish information on the first and repeated Trading and DVP Trading in one message on the Trading .
4.4.3. In the announcement of the RFP bidding in without fail the value of the decrease in the initial sale price of the property and the period (hereinafter referred to as the auction period), after which it is consistently reduced, must be indicated.
The initial price of the first auction period is set equal to the initial sale price of the property, set at the repeated Auction.
4.4.4. In the absence of the winner of the PPP auction or the sole participant whose application for participation in the PPP auction contains an offer of a price not lower than the established initial sale price of the credit institution's property for this trading period, the initial sale price of the debtor's property is reduced within the time specified in the notice of the PPP auction.
In this case, summing up the results of the VPP Trading and publication of information on the results of the corresponding trading period is not performed.
4.4.5. Upon receipt of applications for participation in the PPP DRA Auction:
Forms and signs a protocol on the determination of participants in the PPP Trading for each trading period no later than the last day of the corresponding trading period;
Prepares drafts of the report on the results of the PPP Bidding and on the conclusion of the contract following the results of the PPP Bidding after the end of the PPP Bidding or the relevant period of the bidding in which the winner was determined.
The messages provided for by this paragraph are posted and published within the time limits established by the legislation of the Russian Federation, in the manner prescribed by the Procedure.
4.4.6. In the absence of proposals from other participants in the PPP Auction, the right to acquire this property belongs to the participant in the PPP Auction, which submitted an application for participation in the PPP Auction within the established period, containing a proposal for the purchase price of the property, which is not lower than the initial sale price of the property set for a certain period of the auction.
In the event that several participants in the PPP Bid submitted bids within the established period containing various proposals for the purchase price of this property, but not lower than the initial sale price of the property set for a certain period of the auction, the right to purchase the property belongs to the participant in the PPP Bid that offered the maximum price for this property.
In the event that several PPP Bidders submitted bids within the established period containing equal proposals for the property acquisition price, but not lower than the initial property sale price set for a certain period of the auction, the right to acquire this property belongs to the PPP Bidder who was the first to submit within the established deadline for the application for participation in the Tendering RFP.
From the date of determining the winner of the PPP auction, the acceptance of applications is terminated.
4.5.1. The sale of the property of a credit institution shall be carried out by holding an auction in the form of a tender in the cases provided for by the legislation of the Russian Federation, when, in relation to this property, the buyer is obliged to fulfill the conditions established by the decision of the committee (meeting) of creditors in accordance with the legislation of the Russian Federation.
4.5.2. The preparation and conduct of the Bidding in the form of a tender are carried out in the manner prescribed by and of the Procedure, taking into account the specifics provided for in this subsection.
4.5.3. Information on the conditions of the tender and the criteria for admission of applicants to participate in the tender shall be indicated in the notice of the auction in the form of a tender.
4.5.4. On the day, time and place specified in the notice of the auction in the form of a tender, the DRA considers the bids received from the applicants for participation in the auction in the form of a tender and the obligations contained therein to comply with the conditions of the tender, as well as proposals for the price of acquiring the property of a credit institution.
An application for participation in the Bidding in the form of a tender is rejected if the applicant who submitted it does not meet the requirements for a Bidder in the form of a tender or such an application is recognized as not meeting the requirements specified in the notice of the Bidding.
If the information contained in the documents submitted by the applicant is found to be unreliable, the applicant shall be excluded from participation in the Auction in the form of a competition at any stage of their conduct.
Evaluation of applications for participation in the Bidding in the form of a tender, which were not rejected, to determine the winner of the tender is carried out on the basis of the criteria specified in the notice of the Bidding.
The winner of the Bidding in the form of a tender is recognized as the participant in the Bidding who has offered the highest price for the property, but not less than the established initial sale price, provided that he fulfills the conditions of the tender.
The protocol on the results of the Bidding in the form of a tender also indicates the conditions of the tender and the justification decision on recognition of the Bidder as the winner.
4.5.5. Information relating to the consideration of applications for participation in the Auction in the form of a competition shall not be disclosed until the official announcement of the results of the Auction in the form of a competition.
4.5.6. In the event that applications for participation in the Auctions in the form of a tender were not submitted, as well as in the event that, based on the results of consideration of applications for participation in the Auctions in the form of a tender, all applications are rejected or only one application is found to meet the requirements specified in the notice of holding Bidding, the competition is declared invalid.
If only one participant whose application for participation in the Auction complies with the conditions of the competition was allowed to participate in the Auction in the form of a tender, the contract of sale is concluded with this participant in the Auction in accordance with the conditions of the tender.
4.5.7. If the Bidding in the form of a tender is declared invalid due to the absence of bids (rejection of all submitted bids) for participation in the Biddings in the form of a tender, as well as in the event that the sole participant in the Bidding in the form of a tender refuses to conclude a contract of sale, further sale of the property of the credit institution is carried out within the terms, procedure and on the terms determined by the committee (meeting) of creditors of the credit institution.
5.1. Property worth less than 500 thousand rubles, with the exception of property subject to sale at the Auction in accordance with the Procedure, may be sold at the auction in non-electronic form upon the adoption of an appropriate decision by the committee (meeting) of creditors of the credit institution.
Based on the decision of the committee (meeting) of creditors of the credit institution, the sale of the property specified in this paragraph may be carried out through sale at the Auction.
5.2. Trading in non-electronic form is carried out in accordance with the applicable requirements of the Procedure, taking into account the specifics established by this section.
5.3. After the preparation of the notice of the auction in the property of the credit institution, the DRA, within the time limits established for the organization of the auction, by the decision of the committee (meeting) of creditors, sends a memo to the DOS in the form of Appendix No. 20.2 to the Procedure.
The notice of the auction in non-electronic form is posted on the official website of the Agency.
5.4. Within the time limits and in the manner specified in the notice of the auction in non-electronic form, DRA accepts applications for participation in such auctions and the documents attached to them according to the list specified in the notice of the sale in non-electronic form.
The application for participation in the auction in non-electronic form (Appendix No. 23) and the documents attached to it are submitted by the applicant in electronic form using the hardware and software of the Agency's website or in writing (on paper) in the DRA within the time period specified in the notice of holding trading in non-electronic form.
An application for participation in the auction in non-electronic form is submitted by the applicant personally or through a representative authorized by him.
5.5. DRA registers the submitted application for participation in the auction in non-electronic form in the application log indicating its serial number, date and exact time of its submission.
5.6. Acceptance of applications for participation in trading in non-electronic form is terminated at least 3 days prior to the day of the start of trading in non-electronic form.
The applicant has the right to change or withdraw his bid for participation in non-electronic bidding at any time before the deadline for submitting bids specified in the notice of bidding in non-electronic form.
5.7. The DRA shall notify all applicants of the results of consideration of the submitted bids for participation in the auction in non-electronic form and the recognition or non-recognition of applicants as participants in such auctions by sending copies of the minutes on the determination of participants in the auction in non-electronic form to the applicants in writing or in the form of an electronic document within 5 days from the date of signing of the said protocol.
5.8. On the day, time and place specified in the notice of the auction in non-electronic form, the Representative of the Agency or a person authorized by the bankruptcy commissioner (liquidator) of the credit institution to conduct such auction (in the case when the property being sold is located in storage areas leased by credit institutions), or an employee of the DRA (in the case when the property being sold is in the warehouses of the Agency) announces the start of bidding in a non-electronic form, considers the proposals of participants on the price of the property of a credit institution and determines the winner.
5.9. The obligation for the presence of participants in person or their authorized representatives at auctions in non-electronic form is established only when such auctions are held with an open form for submitting proposals for the price of acquiring property of a credit institution.
5.10. If a closed form for submitting bids on the price of property of a credit institution is used when conducting bidding in non-electronic form, bids on the price of property are submitted by participants to the DRA simultaneously with the submission of bids for participation in bidding in non-electronic form or on the day the results of such bidding are summed up before the date specified in the notice of holding bidding in non-electronic form of the time of the beginning of such bidding and summarizing their results.
The right to acquire property belongs to the participant who offered the highest price for the acquisition of property, but not lower than the initial sale price.
If two or more applications for participation in the auction in non-electronic form contain proposals for the same price for the acquisition of property, the winner is the participant who submitted an application for participation in such auction earlier than other participants.
5.11. If, when bidding in non-electronic form, an open form is used for submitting proposals for the price of acquiring property of a credit institution, such bidding is held in the form of an open auction, during which bids for the price of property are declared by participants (their representatives) openly during the bidding in non-electronic form.
In this case, auctions in non-electronic form are held by increasing the initial sale price of the property by an amount that is a multiple of the “auction step”, which is set by the committee (meeting) of creditors at the proposal of the Representative of the Agency as a percentage of the initial price of the property and is indicated in the message on the auction in non-electronic form. form.
If before the third announcement of the last offer on the price of the property, none of the participants (their representatives) declared their intention to offer a higher price, the auction in non-electronic form is completed and the participant who offered the highest price during the auction, which was named last.
5.12. The decision to determine the winner is made on the day of the auction in non-electronic form and is drawn up by a protocol on the results of the auction in non-electronic form for each lot put up for such auction, which is signed by the Representative of the Agency and the winner of the auction in non-electronic form.
The protocol on the results of the auction in non-electronic form is drawn up by the DRA in four copies, one of which is handed to the winner of the auction in non-electronic form, the second remains in the DRA, the third is transferred to the Representative of the Agency, the fourth - to the RUA.
The protocol on the recognition of auctions in non-electronic form as invalid is sent to the Representative of the Agency.
5.13. Within 2 working days from the date of signing by the Representative of the Agency of the protocol on the results of the auction in non-electronic form DRA:
Prepares a message on the results of the auction in non-electronic form;
Posting a message on the results of the auction in non-electronic form on the official website of the Agency is carried out in accordance with the Procedure for preparing information.
6.1.1. At the end of the acceptance of applications for participation in the auction, within the time specified in the notice of the auction, the DRA, in order to identify the deposits received, as well as to correlate the amounts received from the applicants with the submitted applications for participation in the auction, controls the receipt of deposits from the applicants .
Control over the receipt of deposits is carried out using the software package "Control System Sail".
6.1.2. The amounts of deposits made by the applicants are returned to all applicants, with the exception of the winner of the auction, within 5 working days from the date of signing the protocol on the results of the auction.
In order to prevent the use of procedures conducted by the Agency for the sale of assets of a credit institution in illegal or dubious financial transactions refund of funds received as deposits is made:
To the applicant or the person who paid the deposit for him - to the bank account from which the payment was made;
When making a deposit in cash or by bank transfer without opening bank account- to the bank account of the deposit payer specified in the application (documents attached to the application) for participation in the Auction.
If the Agency does not have information about the details of the bank account to which the deposit must be returned, the funds received as a deposit are returned to its payer within 5 working days from the moment the payer provides the deposit of the specified bank details.
6.1.3. If the Representative of the Agency concludes an agreement with the winner or the sole bidder, the amount of the deposit paid by this person is included in the price of the acquired property (property rights) determined at the auction.
6.1.4. If the winning bidder refuses or evades signing the contract at the end of the bidding or fails to fulfill his obligation to pay for the property (property rights) within the period established by the contract, the deposit made by him is not subject to return.
In case of refusal or evasion from concluding an agreement following the results of bidding in the form of an auction or competition of a single bidder, the deposit paid by him is subject to return.
In case of refusal or evasion from concluding an agreement following the results of the PPP auction (non-electronic auction through a public offer) of the sole participant in the PPP auction (non-electronic form auction through a public offer), the deposit paid by him is not subject to return.
If, in accordance with the requirements of the legislation of the Russian Federation and the provisions of this Procedure, the Representative of the Agency offered to conclude an agreement to a participant other than the winner of the auction, and the deposit has already been returned to him, when paying for the acquired property (property rights) in accordance with the terms of the contract concluded following the results of the auction this participant pays the price of the contract in full (without offsetting the deposit previously paid and returned to him).
6.1.5. In order to ensure the proper fulfillment by the Agency of the obligations assigned to it as the organizer of the auction, on the return / offset of deposits received from applicants, the DRA prepares orders for the Department accounting and reporting on the transfer of funds received from applicants as deposits for the following purposes:
Return of funds to applicants not recognized as the winner of the auction (Appendix No. 24);
Transfer of the deposit to the account of a credit institution as payment for the contract concluded on the basis of the results of the auction (Appendix No. 25).
6.2.1. Within 5 days from the date of signing the protocol on the results of the auction, the Representative of the Agency sends to the winner or the only bidder a proposal to conclude a contract of sale, cession in the form of Appendix No. about the price of the property.
If only one participant was allowed to participate in the auction, whose application for participation in the auction contains a proposal for a price of property not lower than the established initial sale price of the property of a credit institution, a contract of sale, an assignment agreement is concluded by the Representative of the Agency with this participant in the auction in accordance with the provided them with an offer for the price of the property.
6.2.2. If the subject of the contract concluded as a result of the auction is property ( property right) to a credit institution, the value (sale price) of which exceeds the limit stipulated by the power of attorney of the Representative of the Agency, the contract for the sale of such property (assignment of property rights) is concluded by the Representative of the Agency if, by the time of signing the said contract, the consent of the deputy received by the Representative of the Agency Director General Agency supervising the DRA to conclude such an agreement.
Draft consent to conclude such an agreement indicating the name of the subject of the agreement, its value (sales price), as well as the name / full name. the buyer prepares the DRA in the form of Appendix No. 27 to the Procedure.
If the subject of the contract concluded as a result of the auction is the property (property right) of a credit institution, the value (sale price) of which does not exceed the limit stipulated by the power of attorney of the Agency Representative, the specified contract is concluded by the Agency Representative without obtaining the consent provided for in this clause.
6.2.3. In case of refusal or evasion of the winning bidder from signing the contract within 5 days from the date of receipt of the proposal of the Representative of the Agency to conclude such an agreement, the Representative of the Agency proposes to conclude the contract to the bidder who offered the highest price for the property of a credit institution compared to the price offered by other bidders, except for the winner of the Bid.
In the event that the price indicated in the previous one was offered by several bidders, the offer to conclude a contract is sent to the participant whose offer on the purchase price of the property was received earlier than other offers.
6.2.4. The draft contract to be concluded based on the results of the auction is prepared and endorsed in accordance with the Procedure for concluding contracts.
6.2.5. On the day the contract is concluded, the Representative of the Agency sends to the DRA information on the conclusion of the contract in the form of Appendix No. 28 to the Procedure or information about the refusal or evasion of the winning bidder from concluding the contract in the form of Appendix No. 29 to the Procedure for posting on the official website of the Agency and in the EFRSB.
Within 3 working days after receiving information about the conclusion of the DRA agreement:
Prepares a report on concluded contracts;
Fills out an application for posting a message about concluded contracts on the official website of the Agency - www.asv.org.ru;
Posting a message about concluded agreements on the official website of the Agency and including such a message in the EFRSB are carried out in accordance with the Procedure for preparing information.
6.3.1. When selling property (property rights) of a credit institution, payment must be made by the buyer in the manner, amount and terms specified in the contract concluded at the end of the auction.
Within 2 working days from the date of payment for the contract, the Agency's Representative notifies the DRA and RUA in the form of Appendix No. 30 to the Procedure of the fact of full payment for the contract by the buyer.
DRA carries out current and subsequent control of the completeness and reliability of the information provided by the Representative of the Agency, provided for in this paragraph.
In case of non-payment or incomplete payment by the buyer of the concluded contract, the Representative of the Agency within 3 working days from the date of expiration of the payment period sends the buyer a notice of withdrawal from the contract in the form of Annexes No. 31.1 - 31.2 to the Order.
6.3.2. Within 2 working days from the date of receipt of a notification of full payment by the buyer of the contract, the DRA takes measures related to the preparation of property located in warehouses leased by the Agency for transfer to the buyer.
6.3.3. Within 2 working days from the date of full payment by the buyer of the contract, the Representative of the Agency carries out activities related to the preparation real estate, as well as property located in warehouses leased by credit institutions, and prepares documents confirming the existence of sold property rights for transfer to the buyer.
6.3.4. The basis for the release of property from the warehouse is the order of the Representative of the Agency on the release of property from the warehouse.
The transfer of property (property rights) under the contract is carried out according to the transfer act signed by the parties to the contract, within the period established by the contract.
7.1. The decision on the procedure, terms and conditions for the sale of low-value property of a credit institution is made by the committee (meeting) of creditors at the proposal of the Representative of the Agency, adopted in accordance with the provisions of the Procedure.
The committee (meeting) of creditors of a credit institution may establish the procedure for the sale of low-value property by publishing an offer for the sale of such property (hereinafter referred to as the sale of low-value property), by transferring such property for sale to a third party under a commission agreement (hereinafter referred to as the transfer of low-value property for sale under a commission agreement). ) or by concluding a direct sales contract.
7.2. The representative of the Agency proposes to the committee (meeting) of creditors of the credit institution, when deciding on the sale of low-value property, to approve the procedure, terms and conditions (including the initial price) of its sale.
A message about the sale of low-value property of a credit institution is posted on the official website of the Agency.
7.3. When selling low-value property by publishing an offer to sell it, several periods of price reduction are possible.
Applications for the purchase of low-value property are accepted during the entire period of validity of the sale offer specified in the sale notice, no deposit is required.
7.4. Not later than 3 working days from the date of production of the minutes of the meeting of the committee (meeting) of creditors of the credit institution, the Agency representative sends to the DRA a memo on the organization of the sale of low-value property of the credit institution by publishing an offer for its sale in the form of Appendix No. 13.2 to the Procedure.
7.5. DRA prepares a report on the sale of low-value property in the form of Appendix No. 32 to the Procedure within a period not exceeding 10 working days from the date of receipt of a memo from the Representative of the Agency in accordance with the Procedure.
7.6. After preparing a notice on the sale of low-value property, the DRA fills out an application for posting a notice on the sale of low-value property on the official website of the Agency - www.asv.org.ru;
Posting a message about the sale of low-value property on the official website of the Agency is carried out in accordance with the Procedure for preparing information.
7.7. The DRA ensures the organization of the sale of low-value property by publishing an offer for its sale.
Acceptance and registration of applications for the purchase, determination of the winner, preparation and conclusion of contracts for the sale of low-value property is carried out by the Representative of the Agency.
Draft contracts for the sale and purchase of low-value property are prepared and endorsed in accordance with the Procedure for Concluding Contracts.
About the fact of payment by the buyer for the acquired low-value property, the Representative of the Agency shall notify the DRA and RUA in the manner prescribed by the Procedure.
7.8. Low-value property not sold after the expiration of the offer for sale may be sold in accordance with the decision of the committee (meeting) of creditors in any way that does not contradict the legislation of the Russian Federation.
7.9. The conditions for the sale of low-value property by concluding a direct sale and purchase agreement after consideration by the Commission are agreed by the Representative of the Agency with the committee (meeting) of creditors of the credit institution.
Work on the preparation of direct contracts for the sale of low-value property and their conclusion is assigned to the Representative of the Agency. Draft direct contracts for the sale of low-value property are prepared and endorsed in accordance with the Procedure for Concluding Contracts.
7.10. When transferring low-value property for sale under a commission agreement, the Representative of the Agency proposes to the committee (meeting) of creditors, when making an appropriate decision, to approve, in particular, the following conditions:
The minimum price for the sale of property by a commission agent;
The amount of the commission agent's remuneration;
The procedure for distributing the additional benefit received by the commission agent when making a transaction on more favorable terms for the credit institution (above the established minimum selling price), if the commission agent's remuneration is set as a percentage of the amount received;
Commission agent nomination;
The duration of the commission agreement.
7.11. The preparation of the draft contract of the commission is carried out and its endorsement is carried out by the DRA in accordance with the requirements of the internal regulatory documents of the Agency.
8.1. Securities owned by a credit institution admitted to circulation on an organized securities market are subject to sale at organized auctions.
The sale of securities admitted to circulation on the organized securities market is carried out through a professional participant in the securities market, the selection of which, at the request of the Representative of the Agency, is initiated by the DRA and is carried out in accordance with the Selection Regulations.
The sale of securities admitted to circulation on the organized securities market, the value (selling price) of which exceeds the limit stipulated by the power of attorney of the Agency's Representative, is carried out if the Agency's Representative receives the consent of the Deputy General Director of the Agency in charge of the DRA for the sale of securities on the organized securities market securities, transfer and crediting of funds received from the sale of securities.
Draft consent to the sale of securities on the organized market, transfer and crediting of funds received from the sale of securities, indicating the name of the securities, the number, registration number and book value, prepares the DRA in the form of Appendix No. 33 to the Procedure.
Securities owned by a credit institution admitted to circulation on an organized securities market may also be sold on the basis of a sale and purchase agreement concluded without bidding. In this case, the minimum sale price of securities is established by the decision of the Commission not lower than the market price (quotation price) of securities as of the date of formation of proposals on the procedure, terms and conditions for the sale of securities.
The sale of securities admitted to circulation on the organized securities market is carried out upon completion of the inventory of these securities and may be carried out before the end of the inventory of all property of the credit institution, unless other terms of sale are established by the legislation of the Russian Federation.
8.2. Securities owned by a credit institution that are not admitted to circulation on the organized market are subject to sale at the Auction in accordance with the terms of this Procedure.
8.3. Limited transferable property of a credit institution is subject to sale at a closed auction. An obligatory condition for the applicant's admission to such auctions is the provision by him of the documents (information) specified in the notice of the auction, confirming the applicant's right to acquire, own, or have other property rights with this property.
8.4. Assets of a credit organization that are the subject of pledge are subject to mandatory valuation.
Realization of the property of a credit institution, which is the subject of pledge, is carried out at the Auction.
The initial sale price of the pledged property is determined on the basis of the appraiser's report and is set equal to market value mortgaged property.
The procedure and conditions for conducting auctions in pledged property are determined by the bankruptcy creditor, whose claims are secured by a pledge of the credit institution's property being sold.
If repeated auctions are recognized as failed, the bankruptcy creditor for obligations secured by the pledge of property of a credit institution is entitled to retain the subject of pledge with an assessment of it in the amount of 10% (ten percent) lower than the initial selling price at repeated auctions.
If within 30 days from the date of recognition of the repeated Auctions as failed, the creditor under the obligations secured by the pledge of the property of the credit institution does not exercise the right to retain the subject of pledge, it shall be subject to sale at the PPP Auction.
8.5. Within 10 days from the date of completion of the verification of the circumstances of the bankruptcy of a credit institution or the submission of an application to law enforcement agencies on the presence of actions indicating the commission of a crime, the Expert Analytical Department (hereinafter referred to as the EAD) sends to the DRA and the Representative of the Agency information on the composition of assets, the sale of which is not should be carried out at a significant discount (if any).
9.1. The Agency has the right to refuse to conduct the announced auction at any time, but not later than 3 days before the date of the auction.
By decision of the committee (meeting) of creditors of the credit institution;
Based on the act of the authorized body to cancel the auction;
By written order of the Director General of the Agency (Appendix No. 34) or the Deputy Director General of the Agency in charge of the DRA (Appendix No. 35).
The DRA shall notify the Representative of the Agency of the fact of issuing an act provided for in this paragraph or an order provided for in this paragraph, who shall inform the committee (meeting) of creditors of the credit institution about it.
Within 2 working days from the date of receipt by the DRA from the Representative of the Agency of a memorandum in the form of Appendix No. 36 to the Procedure for canceling the auction with the appropriate decision of the committee (meeting) of creditors of the credit institution, the act of the authorized body or the order provided for by this paragraph, the DRA cancels the auction, prepares and ensures the publication in accordance with the established procedure of a notice on the cancellation of trading in the form of Appendix No. 37 to the Procedure.
9.2. Making changes to the procedure, terms or conditions of the auction, the notice of which is published in the prescribed manner, is possible only by canceling the announced auction on the grounds provided for in this Procedure and organizing new auctions.
9.3. Amendments to the composition of the property of a credit institution (withdrawal of lots from sale), a notice of the sale of which is published in accordance with the established procedure, are carried out by the DRA on the basis of a memo in the form of Appendix No. indicating the reasons for the removal of property (property rights) from sale.
Changes to the composition of the property being sold, as well as the removal of a lot (property) from sale, can be carried out in the following cases:
Repayment (in full or in part) of the debt by the debtor of the credit institution;
Conclusion of an agreement on debt restructuring;
Conclusion of a settlement agreement with the debtor of the credit institution;
Challenging a dubious transaction, the subject of which is property (property right) put up for sale;
Documents confirming the credit institution's right to the property (property right) being sold are or may be evidence in a criminal case.
Service notes without indicating the reasons for making changes to the composition of the property being sold or removing lots from sale are not subject to execution.
Changes to the composition of the property of a credit institution (withdrawal of lots from sale), the notice of the sale of which is published in the prescribed manner, is also carried out by the DRA by order of the Director General of the Agency (Appendix No. 39) or the Deputy Director General of the Agency in charge of the DRA (Appendix No. 40), on the removal of lots from sale.
10.1. Not later than the day of summing up the results of the auction, the DRA sends copies of the protocols on the results of the auction to the Representative of the Agency and to the ROV.
10.2. During the calendar year (from January 01 to December 31), the DRA keeps records of the progress in the sale of assets of credit institutions, and also prepares and no later than the tenth day of the month following the reporting quarter, sends to the DCF information on the receipt of funds in the bankruptcy estate and the progress of the sale property of liquidated credit institutions.
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*(1) A thing, including those with component parts, the division of which in nature is impossible without destroying, damaging the thing or changing its purpose, and which acts in circulation as a single object of property rights.
*(2) A collection of different things put together in a way that suggests their general purpose.
*(3) A thing intended to serve another, main, thing and associated with it by a general purpose.
*(4) For example, the name of the photo of the lot "L01203" means "Lot No. 12, photo No. 3 in this lot."
Issues related to the sale of assets of liquidated credit institutions in respect of which the Deposit Insurance Agency exercises the powers of a bankruptcy trustee (liquidator) have been regulated.
All types of property are alienated, except for things and rights that cannot be transferred to third parties.
Assets are sold at open auction in the form of an auction, competition, through a public offer with an open or closed form of submission of price proposals. An exception is limited transferable property. It is sold at closed auction.
The procedure for preparing documents for implementation has been determined.
The Supreme Court (SC) of the Russian Federation, assessing the legitimacy of the auction for the sale of 100% of the shares of Podem Bank to Sovcombank, for the first time in practice, raised the question of the legality of closed auctions conducted by the Deposit Insurance Agency (DIA). At the new consideration of the case, the Supreme Court recommended to carefully check the arguments about the agency's violations in organizing the auction. Experts do not rule out that the results of the auction for the sale of Podem! in the course of a new trial, the cases will be canceled.
Yesterday, the reasoning part of the decision of the Supreme Court in the case of disputing the auction for the sale of shares of the bank "Let's go!", Conducted by the DIA, was made public. The Supreme Court sent the case back for a new trial, including to check whether the transaction was sham.
100% shares bank "Let's go!" owned by Probusinessbank (license revoked in 2015). The DIA conducted the trades in a closed form, during which the price "Let's go!" decreased by almost half. The winner was the only bidder - Sovcombank, which resold 75% of the shares to a group of top managers of the bank " Russian capital”(at that time it was 100% owned by DIA).
Transferring the case to the first instance, the Supreme Court drew attention to three important points. The first is a closed form of trading. DIA and Sovcombank explained this by the need to obtain the consent of the Central Bank to purchase from 10% of the bank's shares. However, the Supreme Court pointed out that the law only provides for closed auctions for transactions with "restricted property", to which bank shares do not apply, and obtaining consent from the Central Bank in this case is not an argument. Second moment - short term submission of applications, one and a half days. The Supreme Court noted that the goal of the bankruptcy auction is “to obtain the greatest proceeds for settlements with creditors”, but it is not clear whether the time provided by the DIA met this goal, and whether potential buyers had the opportunity to “manage to prepare an application with all documents in such a shortened time period ".
Another important point- The Supreme Court heard the plaintiff's arguments about the presence of "indirect interest" from the DIA of the operator of the electronic site where the auction took place. The Supreme Court stressed that "contrary to the objections of the agency", the law contains "a ban on the provision of services during the auction by an operator interested in relation to the arbitration manager."
Sovcombank sees no problems in connection with this court decision. “The auction is valid and, in our opinion, will remain so. It can be assumed that the courts will have to investigate issues related to the organization of the auction, but this is not the responsibility of the winner of the auction. The bank also considers it "unlikely" to return the shares to the bankruptcy estate. They do not see any threat to their reputation there: "Sovcombank acquired shares at an auction, giving the best price."
According to the head of the initiative group of independent creditors of Probusinessbank Nerses Grigoryan, this is the first significant victory of creditors. “There are other episodes in the bankruptcy of a bank where related parties act, and as a result, damage is caused to the bankruptcy estate,” he said.
Lawyers, on the other hand, see the great importance of the dispute for judicial practice. “For the first time at the level of the Supreme Council, an approach has been formed on the inadmissibility of selling bank shares at closed auctions,” says Radik Lotfullin, adviser to Saveliev, Batanov & Partners. Dmitry Yakushev, Senior Associate at AB AGP, notes that the Supreme Court “expressed in detail and unequivocally agreed with the applicant's arguments”, therefore, “there is a very high probability” that the auction will be canceled on a new consideration. However, he believes that there may not be repeated trading, the shares have been resold to third parties, so it will be easier to recover the value of the shares from Sovcombank.
The DIA will have to take into account the position of the Armed Forces, experts are sure. “The agency should adjust the rules for bidding to eliminate the risk of challenging them in the future,” says Radik Lotfullin. First of all, creditors themselves will more closely monitor the legality of the agency's actions, Dmitry Yakushev adds.
The DIA "Kommersant" said that they see no reason to invalidate the auction, the arguments of the parties remained open, but the court indicated the need for additional research. The agency insists that their bidding “makes it possible to determine on a competitive basis best conditions sale of property”, but “during the first and repeated trading in the shares of the bank "Let's go!" there was no other person who would have declared a desire to buy shares, except for the winner.
Anna ZANINA, Veronika GORYACHEVA
The official website of the DIA is an Internet resource that allows you to get acquainted with the entirety of information related to the activities of the Deposit Insurance Agency, which has existed since 2004.
Among other things, the web resource provides information related to such an issue as the liquidation of banks. You can go to the necessary materials through the corresponding tab of the main menu or by the link provided at the top of the site above the search bar. By the way, the search bar can also be useful for getting acquainted with the necessary materials.
In the "Liquidation of banks" section of the DIA, the official website allows you to get acquainted with the details of the agency for repaying debts on loans of liquidated banks. It also contains information about changing the schedule for accepting cash to pay off debts on the holidays.
DIA official website - Liquidation of banks Also here are the forms of documents for the liquidation of banks. Among them are the form of the creditor's demand, the approximate text of the power of attorney to represent the interests of the creditor during the bankruptcy proceedings (liquidation) of the bank, the approximate form of the application of the client (depositor) for the transfer of securities to another depository/registrar, an application for participation in the auction, an application of interest in acquiring property, offer at the purchase price of the lot, powers of attorney to participate in the meeting of creditors for individuals and legal entity, an application for termination of the contract and closing of an account, a form for submitting bank details for transferring funds as part of settlements with creditors, as well as an application for payment wages for bank employees.
Among other things, the DIA official website has information on loan repayment for borrowers. Here you can find the name of the bank, a link to the publication with bank details, as well as contact persons for issues related to loan repayment.
The section “Liquidation of banks” is also answers to questions regarding what creditors of a bankrupt bank should know, as well as what a creditor should do if a bank goes bankrupt, and what a borrower should do after revoking a license from a bank.
In addition, the official website allows you to get acquainted with the answers to questions regarding the moratorium, satisfaction of creditors' claims, meetings (committees) of creditors. It also contains information for depositors on the procedure for making payments by the Bank of Russia, as well as information on the procedure for closing an account in a bank in liquidation.
Bank Liquidation - Questions and Answers DIA official website liquidation of banks - this is also general information about the activities of the Deposit Insurance Agency regarding the liquidation of banks. Thus, according to federal laws No. 395-1 “On banks and banking” dated 02.12.1990 and No. 127-FZ “On insolvency (bankruptcy)” dated 10.26.2002, the DIA manages the bankruptcy (liquidation) procedures of credit institutions.
The Agency is appointed as a bankruptcy trustee (liquidator) in case of bankruptcy of absent credit institutions-debtors, in case of removal of a bankruptcy trustee — individual, as well as in the event that the credit institution had a license from the Bank of Russia to raise funds in deposits of individuals.
Federal Law "On Insolvency (Bankruptcy)" dated October 26, 2002 N 127-FZ The DIA is entrusted with solving the tasks of establishing and settling creditors' claims, forming a bankruptcy estate, ensuring the safety of the property of a liquidated credit institution, making settlements with creditors, and identifying the circumstances of bankruptcy.
The powers of the bankruptcy trustee (liquidator) are exercised by the DIA through its representatives, who act on the basis of a power of attorney, in accordance with the instructions of the Deposit Insurance Agency on behalf of the liquidated credit institution.
The official website of the DIA also allows you to get acquainted with the list of banks, the liquidation procedures for which are in progress, as well as the list of banks, the liquidation of which has been completed.
Bank Liquidation - Lists By selecting a specific bank from the list, you can get more complete information on it. Here you can also find information about liquidation, insured event, as well as loan repayment and details.
In addition to materials related to the issue of liquidation of banks, the DIA official website also has a number of other useful materials related to insurance and liquidation, and other issues related to the activities of the Deposit Insurance Agency.
Date: 07/11/2018
State Corporation "Deposit Insurance Agency" (109240, Moscow, Vysotskogo st., 4, e-mail address: ) (hereinafter referred to as the Bid Organizer), which is, on the basis of the decision Arbitration Court of Moscow dated September 21, 2016 in case No. A40-148779 / 16-124-252B by the bankruptcy trustee (liquidator) of the Limited Liability Company FCRB Bank (LLC FCRB Bank, registration address: 119454, Moscow, Lobachevsky St., 27, TIN 7701138419, PSRN 1027739125303) (hereinafter referred to as the financial institution), electronic trading in the form of an open auction with a closed form for submitting proposals for the purchase price of property financial organization(hereinafter - Trades).
The subject of the Trades are the following securities:
(in parentheses, including the size of the share in the authorized capital) – initial sale price of the lot
Lot 1 - Shares of JSC "National Bureau credit histories”, TIN 7703548386, reg. number 1-01-10567-A, face value - 100 rubles, 6,300 pcs. (0.64%), Moscow - 18,699,290.40 rubles.
FROM detailed information the composition of the lot of a financial organization can be found on the websites of the Organizer of the auction www.torgiasv.ru, also in the sections "Liquidation of Banks" and "Sale of property".
Bargaining property of a financial organization will be held at 14:00 Moscow time August 27, 2018 www.centerr.ru If, following the results of the auction scheduled for August 27, 2018, the lot is not sold, then at 14:00 Moscow time October 16, 2018 on the electronic site of LLC "Realization Center" - www.centerr.ru will be held repeated bidding unsold lot with a decrease in the initial price of the lot by 10 (ten) percent.
The operator of the electronic platform LLC Center for Realization - www.centerr.ru (hereinafter referred to as the Operator) ensures the conduct of the Bidding.
Acceptance by the Operator of applications and offers on the price of acquiring the property of a financial organization for participation in the first Auction begins at 00:00 Moscow time on July 18, 2018, and for participation in repeated Auctions begins at 00:00 Moscow time on September 6, 2018 Acceptance of applications for participation in the Auction and deposits is terminated at 14:00 Moscow time 5 (Five) calendar days prior to the date of the relevant Auction.
Based on paragraph 4 of Art. 139 federal law 127-FZ "On Insolvency (Bankruptcy)", the property of a financial organization that is not sold at repeated Auctions is put up for auction in electronic form through a public offer (hereinafter referred to as the PPP Auction).
PPP bidding will be held on the electronic site of LLC "Realization Center" - www.centerr.ru December 4, 2018 to January 22, 2019
Applications for participation in the PPP auction are accepted by the Operator starting from 00:00 Moscow time on October 29, 2018. Applications for participation in the PPP auction and deposits are closed 5 (Five) calendar days before the end date of the corresponding period for reducing the sale price of the lot in 14:00 Moscow time.
If there are applications for participation in the PPP Auction, the Organizer of the auction determines the winner of the PPP Auction no earlier than 14:00 Moscow time on the first business day following the closing day for accepting applications for the corresponding lot sale price reduction period, and no later than 18:00 Moscow time the time of the last day of the corresponding period for reducing the sale price of the lot.
The Operator ensures the conduct of the Tendering PPP.
The initial sale prices of the lot are set as follows:
from December 11, 2018 to December 17, 2018 - in the amount of 98.00% of the initial sale price of the lot;
from December 18, 2018 to December 24, 2018 - in the amount of 96.00% of the initial sale price of the lot;
from December 25, 2018 to December 31, 2018 - in the amount of 94.00% of the initial sale price of the lot;
Individuals and legal entities (hereinafter referred to as the Applicant) registered in accordance with the established procedure on the electronic site of Realization Center LLC - www.centerr.ru are allowed to participate in the Auctions and the PPP Auctions. In order to participate in the Auctions and Auctions of the PPP, the Applicant submits to the Operator an application for participation in the Auctions (Tradings of the PPP).
The application for participation in the Auction (Trading PPP) must contain: name, legal form, location, postal address (for a legal entity), last name, first name, patronymic, passport data, information about the place of residence (for an individual), number contact phone, e-mail address, information about the presence or absence of the Applicant's interest in relation to the debtor, creditors, bankruptcy trustee (liquidator) and the nature of this interest, information about participation in the capital of the applicant bankruptcy trustee (liquidator), property price proposal.
To participate in the Auctions (Tradings of the PPP) the Applicant submits to the Operator in electronic form the contract signed by the Applicant's electronic signature on making a deposit. The Applicant is obliged, within the period specified in this notice, and in accordance with the agreement on making a deposit, to make a deposit by transferring funds to the account for crediting deposits of the Organizer of the auction: the recipient of the payment is the State Corporation "Deposit Insurance Agency", TIN 7708514824, KPP 770901001, settlement account 40503810845250002051 in the Central Federal District of the Bank of Russia, Moscow 35, BIK 044525000. The name of the financial institution must be indicated in the purpose of payment , the name of the Applicant, the date of the Auction (the period of the Auction of the PPP), for participation in which a deposit is paid, the lot number. The applicant has the right to send a deposit to the above details without presenting a signed agreement on making a deposit. In this case, the transfer of the deposit by the Applicant is considered an acceptance of the deposit agreement placed on the electronic site.
The deposit for participation in the auction is 10 (ten) percent of the initial price of the lot. The deposit for participation in the PPP auction is 10 (Ten) percent of the initial sale price of the lot for the period. The date of making the deposit is the date of receipt of funds listed as a deposit to the account of the Auction Organizer.
The draft agreement concluded following the results of the Bidding (Trading PPP) (hereinafter referred to as the "Agreement") and the agreement on making a deposit can be found on the electronic site of Implementation Center LLC - www.centerr.ru.
The Applicant has the right to change or withdraw the application for participation in the Auction (Trading of the PPP) no later than the deadline for submitting applications for participation in the Auction (Trading of the PPP), by sending a notification to the Operator.
The Organizer of the auction considers the applications submitted by the Applicants to the Operator with the documents attached to them, establishes the fact of receipt of deposits to the account of the Organizer of the auction within the time period specified in this message, and, based on the results, makes a decision on admission or refusal to admit the Applicant to participate in the Auction (Trading PPP). Non-receipt of the deposit on the account of the Organizer of the auction specified in this message, or receipt of the deposit after the expiration of the period specified in this message, or receipt of the deposit in an amount smaller than that specified in this message, are grounds for refusing to allow the Applicant to participate in the Auction ( Tendering PPP). Applicants admitted to participate in the Bidding (Trading PPP) are recognized as participants in the Bidding (Trading PPP) (hereinafter referred to as Participants). The Operator sends notifications to all Applicants about their recognition as Participants or about refusal to recognize them as Participants.
In the event that two or more Bidders offered an equal price for a lot, but not lower than the initial sale price of the lot, the Participant who submitted an application for participation in the Auction earlier than the other specified Participants is recognized as the Winner.
The results of the Auction are documented in the protocol on the results of the Auction on the day of the auction. The Protocol on the results of the Auction, approved by the Organizer of the auction, is posted on the electronic site of LLC "Realization Center" - www.centerr.ru.
PPP Bidding Winner(hereinafter also referred to as the "Winner") a Participant is recognized who submitted an application for participation in the PPP Auction within the established period, containing a proposal for the price of the property of a financial institution, but not lower than the initial sale price of the property established for a certain period of the PPP Auction, in the absence of proposals from other Participants .
In the event that several Participants submitted bids within the established period containing various proposals for the price of the property of a financial institution, but not lower than the initial sale price of the property established for a certain period of the VPP Bidding, the right to purchase the property belongs to the Participant who offered the maximum price for this property.
In the event that several Participants submitted bids within the established period containing equal proposals for the price of property, but not lower than the initial sale price of property established for a certain period of the PPP auction, the right to purchase property belongs to the Participant who was the first to submit an application for participation within the established period in the PPP auction.
From the date of determining the Winner of the PPP auction for each lot, the acceptance of applications for the corresponding lot is terminated. The Protocol on the results of the Tendering PPP, approved by the Organizer of the Tendering, is posted on the electronic site of LLC "Realization Center" - www.centerr.ru.
The organizer of the auction within 5 (Five) days from the date of signing the protocol on the results of the Auction (PPP auction) sends the Winner to the e-mail address specified in the application for participation in the Auction (PPP auction) a proposal to conclude an Agreement with the draft Agreement attached.
The Winner is obliged, within 5 (Five) days from the date of sending to his e-mail address specified in the application for participation in the Auction (Trading of the PPP), the offer to conclude the Agreement and the draft Agreement, sign the Agreement and no later than 2 (Two) days from the date of signing send it to the organizer of the auction. The Winner is obliged to immediately notify the Auction Organizer about the fact of signing the Agreement by any means available to him. Failure to sign the Agreement within 5 (Five) days from the date of its sending to the Winner means refusal (avoidance) of the Winner from concluding the Agreement. The amount of the deposit made by the Winner is counted towards the price of the purchased lot.
The winner is obliged to pay to the seller within 30 (Thirty) days from the date of conclusion of the Agreement the sale price of the lot, determined at the Auction (PPP Auction), minus the deposit made earlier, according to the following details: the recipient of the payment is the State Corporation "Deposit Insurance Agency", TIN 7708514824, KPP 770901001, settlement account 40503810145250003051 with the Central Federal District of the Bank of Russia, Moscow 35, BIC 044525000. In the purpose of payment, you must indicate the name of the financial institution and the Winner, the details of the Agreement, the lot number and the date of the Bidding (the period of the Bidding PPP). In the event that the Winner fails to fulfill his obligations specified in this message, the Organizer of the auction and the seller are released from all obligations related to the conduct of the Bidding (Trading PPP), with the conclusion of the Agreement, the deposit made by the Winner is not returned to him, and the Bidding (Trading PPP) are declared invalid.
