According to Article 99 of the Law of the Republic of Kazakhstan "On Rehabilitation and Bankruptcy", the sale of the bankrupt's property, including the right of claim, is carried out by the bankrupt manager by conducting an electronic auction in accordance with the plan for the sale of the bankrupt's property (hereinafter referred to as the Sale Plan), which is approved by the creditors' committee.
The procedure for conducting and the organizer of the electronic auction for the sale of the bankrupt's property are determined by the authorized body.
Electronic auction is a form of electronic auction bidding, including a closed electronic auction, conducted using the registry web portal in electronic format;
When drawing up a Sale Plan, the starting price of the objects of sale is set by the seller at the level of the book value or seventy-five percent of the estimated value.
The sale plan, with the consent of the creditors' committee, may provide for a minimum lot price below which the lot cannot be sold. If the creditors' committee establishes the minimum price of the lot, such a price must be set at least fifty percent of the starting price of the lot.
If the electronic auction has not taken place, the subsequent sale of the estate is carried out no later than ten calendar days from the date of signing the act on the failed auction, unless the creditors' meeting has decided on a direct sale or transfer of the estate in kind.
When the property is put up for electronic auction again, the seller, with the consent of the creditors' committee, lowers the starting price of the lot by no more than twenty-five percent of the original starting price. Reduction of the initial starting price is allowed once.
Based on the results of checking the information entered into the database, the organizer publishes it on the registry web portal.
The information message about the electronic auction for the sale of property contains the following information:
1) date and time of the electronic auction;
2) the name /surname, first name, patronymic (if it is indicated in the identity document) of the bankrupt;
3) The bankrupt's BIN/IIN;
4) the surname, first name, patronymic (if it is indicated in the identity document) of the seller;
5) Seller's IIN;
6) the legal address of the bankrupt;
7) information about the object of sale (name of the property, cadastral number of real estate, brief description, year of manufacture/construction, technical condition, etc.);
8) location of the object of sale;
9) the starting price of the lot;
10) the amount of the guarantee fee;
11) bank details of the organizer;
12) deadline for accepting applications;
13) phone number and address of the organizer.
After the publication of the information message about the electronic auction, the organizer provides free access to all interested persons to the information on the lot posted on the registry web portal, the seller provides free access to the object of sale to all interested persons.
Registration of participants of the electronic auction is carried out on the web portal of the registry from the date of publication of the information message and ends two hours before the start of the electronic auction.
To register as a participant in an electronic auction, it is necessary to register an electronic application on the web portal of the registry in the prescribed form, and a signed EDS of the participant.
To submit an electronic application, you must first register on the registry web portal with the following information:
1) for individuals and individual entrepreneurs: IIN, surname, first name and patronymic (if it is indicated in the identity document);
2) for legal entities: BIN, full name, surname, first name and patronymic (if it is indicated in the identity document) of the first head;
3) bank account details in a second-tier bank for the refund of the guarantee fee;
4) contact details (postal address, telephone, fax, e-mail).
If the above data is changed, the participant changes the data entered on the registry web portal within one working day.
Before submitting an electronic application, the participant must pay a guarantee fee to the organizer's settlement account specified in the information message about the electronic auction.
The guarantee fee for participation in the electronic auction for each lot is 15 percent of the starting value of the lot, but not more than 30,000 times the monthly calculation index.
Participants of the electronic auction are allowed to make any number of guarantee contributions, while one guarantee contribution gives the right to purchase the object for which the participant made this guarantee contribution to participate in the auction.
If there is information in the database about the receipt of the guarantee fee to the organizer's account, the registry web portal accepts the application and admits the participant to the electronic auction. If there is no information in the database about the receipt of the guarantee fee to the organizer's account, the registry web portal rejects the participant's electronic application.
The guarantee fee of the participant who won the electronic auction is transferred by the organizer to the debtor's account within three working days from the date of the electronic auction and is attributed to the payments due under the purchase and sale agreement.
In other cases, the guarantee fees are returned by the organizer to the participants within three working days from the date of the electronic auction.
The transfer and refund of guarantee fees are made by the organizer on the basis of an electronic application signed by the participant's or seller's EDS on the registry web portal.
The participant admitted to the electronic auction is granted access to the auction hall by the auction number assigned by the registry web portal.
The electronic auction in the auction hall takes place from Tuesday to Friday, with the exception of weekends and holidays.
The electronic auction is held in the period from 10:00 to 17:00 hours according to the time of the city of Nur-Sultan.
Participants of an electronic auction enter the auction hall within one hour before its start, using an EDS and an auction number, and indicate their price offer for the lot, which may be higher or lower than the starting price, but not lower than the minimum price when it is set by the Sale Plan.
The electronic auction is conducted by the method of providing participants with price offers and is held up to the maximum price offered by one of the participants.
The electronic auction is conducted as follows:
1) at the time of the start of the electronic auction, the auction hall displays the price offers of the participants for the lot, which are a form of expression of their consent to purchase the lot in compliance with the conditions and the current price is formed;
2) from the moment of the start of the electronic auction, the participant is given the opportunity to increase the maximum current price of another participant by a step set by the Rule;
3) if none of the participants increases the maximum current price within twenty minutes from the start of the electronic auction, the participant who offered it is recognized as the winner, and the electronic auction for this lot is recognized as having taken place;
4) if, within twenty minutes from the start of the electronic auction in the auction hall, one of the participants confirms his desire to purchase a lot by increasing the maximum current price of another participant by a step set according to the Rules, then the current price increases by the set step;
5) if within twenty minutes after the increase in the current price none of the participants confirms their desire to purchase the lot by increasing the current price, the winner is the participant who last confirmed his desire to purchase the lot, and the electronic auction for this lot is recognized as having taken place;
6) if at the end of the electronic auction at 17:00 the winner of the auction is not determined, the winner is the participant who last confirmed his desire to purchase the lot, and the electronic auction for this lot is recognized as having taken place.
If, at the time of the start of the electronic auction, the price offers of two or more participants contain the same highest price per lot and this current price will not be increased within twenty minutes, then the winner of the electronic auction among these participants is the participant whose price offer was registered in the auction hall earlier than other price offers of participants whose offers contain the same highest price.
The results of the electronic auction for each lot sold are formalized by an electronic protocol on the results of the auction, which is signed on the web portal of the register by the seller and the winner using EDS on the day of the electronic auction.
The protocol on the results of the electronic auction is a document that records the results of the electronic auction and the obligations of the winner and the seller to sign the contract of sale of the lot at the sale price.
The contract of sale with the winner is signed within no more than ten calendar days from the date of the electronic auction.
When signing the contract of sale, the winner provides the seller with a document confirming the payment of the advance payment, as well as originals or notarized copies of documents attached to the electronic application confirming compliance with the special conditions and (or) additional requirements specified in the information message about the electronic auction to the buyers of the object of sale.
If the buyer refuses to sign the contract of sale within the time specified in the Rules, or if the buyer fails to fulfill or improperly fulfills the obligations under the contract of sale or does not provide the seller with the documents specified in the Rules, the seller's guarantee fee is not refunded and an act of cancellation of the results of the electronic auction is signed, printed from the registry web portal.
Dear participants, register on the web portal of the registry by e-link https://e-auction.gosreestr.kz/p/ru/auction-guest-list. and participate in the electronic auction.
Information according to the data of the DSR in the Akmola region.