Friends, let's talk today about the conditions under which the deposit is returned or not returned to you at bankruptcy auctions.

First considerdeposit return situation.

First option.If you submitted all the documents for participation in the auction, but did something wrong, for example, the applications were not filled out correctly, then in this case you are not allowed to participate in the auction, and your deposit is returned.

Second option.When you change your mind about bidding. Up to a certain point, you can refuse to participate and, in this case, if you did everything in a timely manner, then the deposit will be returned to you.

Third option.If you participated in the auction, but did not become the winner, then in this case the winner takes the object, and all the rest of the deposits are returned, including you.

There is also a second a scenario in which deposits are not returned.At least the deposit is not returned to you.

What is this scenario?

First.You decided to cancel the auction, but did it untimely. In this case, the deposit is not returned.

Second.You became the winner, but you did not sign the purchase and sale agreement. In this case, it turns out that you became the winner, you did not sign the contract, the deposit is not returned to you.

Third.You have become a winner, you have signed a contract of sale, but have not paid the rest of the property. It turns out that the object was bought, but you did not fully redeem it. It turns out that you yourself did not take and did not give to another. In this case, the deposit will not be returned to you.

You need to keep these things in mind. Always keep your finger on the pulse. If you change your mind, then refuse to trade in advance, and if you do not change your mind, do everything on time.

What does on time mean?The contract of sale must be signed in a certain number of days, the full amount must also be paid for the object in a certain number of days. All these regulations and terms are described in the information on participation in the auction. Follow and do everything on time, then everything will be fine.

You will also be interested in:

Is it possible to pay a deposit for participation in bankruptcy auctions not from the current account of an individual entrepreneur, but from a personal bank card?

1.General conditions

A person who meets the characteristics of the buyer in accordance with federal law“On the privatization of state and municipal property” dated December 21, 2001 No. 178-FZ and wishing to purchase federal property put up for auction (hereinafter referred to as the applicant), is obliged to carry out the following actions:

make a deposit to the specified account;

in the prescribed manner, submit an application in the prescribed form.

There are no restrictions on the participation of certain categories of individuals and legal entities, including foreign ones.
2. The procedure for making a deposit and its return

2.1. The procedure for making a deposit

This information notice is a public offer for the conclusion of a deposit agreement in accordance with Article 437 of the Civil Code Russian Federation, and the filing by the applicant of the application and the transfer of the deposit are the acceptance of such an offer, after which the contract on the deposit is considered concluded in writing.

The deposit is paid in the currency of the Russian Federation in the amount specified in the information message,to the account of the territorial body of the Federal Treasury, which records transactions with funds received at the temporary disposal of the Federal Agency for State Property Management or its territorial bodyaccording to the following details:

beneficiary - Department of the Federal Treasury for the Khanty-Mansiysk Autonomous Okrug - Yugra (TU of the Federal Property Management Agency in the Khanty-Mansiysk autonomous region- Yugra l / s 05871W01100);

account 40302810100001000004;

bank: RCC Khanty-Mansiysk, Khanty-Mansiysk;

BIC 047162000;

Purpose of payment: deposit for participation in the timber auction, Lot No. ____, without tax (VAT).

and must be received on the specified account no later than the date indicated in the information message.

The deposit is paid in a single payment.

The document confirming the receipt of the deposit to the seller's account is an extract from the specified personal account.

2.2. The procedure for the return of the deposit

The return of the deposit is made by the seller according to the details of the payment document on receipt of the deposit to the seller's account specified in clause 2.1. of this information notice in the following cases:

1. If the applicant is refused acceptance of the application for participation in the auction, the seller returns the deposit to the applicant within five days from the date of refusal to accept the application, affixed by the seller on the list of documents submitted by the applicant.

2. If the bidder is not allowed to participate in the auction, the seller undertakes to return the deposit to the bidder within five days from the date of signing the protocol recognizing the bidders as participants in the auction.

3. If the participant is not recognized as the winner of the auction, the seller undertakes to transfer the amount of the deposit within five days from the date of summing up the results of the auction by the seller.

4. If the applicant withdraws the application for participation in the auction in accordance with the established procedure, the seller undertakes to return the deposit to the applicant in the following order:

If the bidder withdraws the bid before the closing date for bids, the deposit is returned within five days from the date the seller receives the bidder's written notice of the bid withdrawal;

If the bid is withdrawn by the bidder later than the deadline for accepting bids, the deposit is returned in the manner prescribed for auction participants.

5. The deposit of the auction winner is subject to transfer in accordance with the established procedure to the federal budget within five days from the date set for the conclusion of the contract for the sale of property, while:

In the event that the participant, recognized as the winner of the auction, evades or refuses to conclude a contract of sale within five working days from the date of summing up the results of the auction, the deposit is not returned to the applicant;

If the participant recognized as the winner of the auction has concluded a contract of sale with the seller on time, the deposit is credited by the seller towards payment for the property;

In case of failure to fulfill the obligation to pay for the property in accordance with the sale and purchase agreement by the participant recognized as the winner of the auction and concluded the sale and purchase agreement with the seller, the deposit will not be returned to him.

In addition, if the buyer fails to fulfill the obligation to pay for the property, as well as if the participant recognized as the winner of the auction evades the conclusion of the Sale and Purchase Agreement, this participant (buyer) will be charged a fine in the amount of five times the deposit paid.

6. If the auction is declared invalid, the seller undertakes to return the deposit to the applicant within five days from the date of summing up the results of the auction.

7. If the seller extends the deadline for accepting bids, postponing the term for determining participants and summing up the results of the auction, the bidder has the right to demand the return of the deposit. In this case, the seller returns the amount of the deposit within five days from the date of receipt by the seller of the applicant's written request for the return of the amount of the deposit in connection with the extension of the deadline for accepting bids, postponing the deadline for determining participants and summing up the results of the auction.

8. In case of cancellation of the auction, the seller returns the deposits to the applicants within five days from the date of publication of the information message about this.
3. Procedure for submitting applications for participation in the auction

One person has the right to submit only one application.

Applications are submitted by the applicant (in person or through his authorized representative) in the form approved by the seller, and are accepted by the seller within the period specified in the information message simultaneously with the full set of documents required for participation in the auction. It is not allowed to submit additional documents to those submitted earlier along with the application.

Applications received after the deadline for their acceptance are returned to the applicant or his authorized representative against receipt, together with an inventory on which a note is made about the refusal to accept documents.

The application with the documents attached to it is registered by the seller in the application acceptance log, assigning a number to each application and indicating the date and time of submission of documents. On each copy of the application, the seller makes a mark on the acceptance of the application, indicating its number, date and time of acceptance by the seller

The applicant has the right to withdraw the application for participation in the auction by delivering (in person or through his authorized representative) the relevant notice to the seller in the manner (time and place) established for filing applications.
4. List of documents required for participation in the auction
and requirements for their design
1. Application in duplicate (each of which is printed on one sheet on both sides) in the prescribed form.

2. A power of attorney for a person entitled to act on behalf of the applicant, if the application is submitted by the representative of the applicant, drawn up in the prescribed manner, or a notarized copy of such a power of attorney. If the power of attorney to act on behalf of the applicant is signed by a person authorized by the head of the legal entity, the application must also contain a document confirming the authority of this person.

3. Applicants - individuals present an identity document or submit copies of all of its sheets.

Applicants - legal entities additionally submit:

Certified copies of constituent documents;

A document that confirms the authority of the head of the legal entity to act on behalf of the legal entity (a copy of the decision on the appointment of this person or on his election) and in accordance with which the head of the legal entity has the right to act on behalf of the legal entity without a power of attorney;

A document containing information on the share of the Russian Federation, a constituent entity of the Russian Federation or a municipality in the authorized capital of a legal entity (a register of shareholders or an extract from it or a letter certified by the seal of the legal entity and signed by its head).

4. An inventory of the submitted documents, signed by the applicant or his authorized representative in two copies (each of which is printed on one sheet, and, if necessary, on one sheet on both sides) in the prescribed form.

These documents (including copies of documents) in terms of their execution, certification and content must comply with the requirements of the legislation of the Russian Federation. Documents submitted foreign persons, must be legalized in the prescribed manner and have a notarized translation into Russian.

Applications are submitted simultaneously with a full set of documents. All sheets of documents submitted simultaneously with the application, or separate volumes of these documents must be bound, numbered, sealed by the applicant (for a legal entity) and signed by the applicant or his representative.

These documents (including each volume) are also accompanied by their inventory. The application and such an inventory are drawn up in two copies, one of which remains with the seller, the other - with the applicant.

Compliance with the specified requirements by the applicant means that the application and documents submitted simultaneously with the application are submitted on behalf of the applicant. At the same time, improper fulfillment by the applicant of the requirement that all sheets of documents submitted simultaneously with the application, or individual volumes of documents must be numbered, is not a basis for refusing the applicant to participate in the sale.

Documents executed in pencil, with erasures, additions, and other corrections not specified in them are not subject to consideration. Corrections made, if necessary, must be certified by the signature of the official and the seal of the legal entity that made them. If the document is notarized, the corresponding corrections must also be confirmed by a notary.

1. 
   Definition of auction participants

On the day specified in the information message, the seller considers the bids and documents of the applicants and establishes the fact of receipt of the established amounts of deposits on the seller's account.

Based on the results of consideration of applications and documents, the seller makes a decision to recognize the applicants as participants in the auction or to refuse admission of applicants to participate in the auction.

The applicant is not allowed to participate in the auction, for the following reasons:

the submitted documents do not confirm the applicant's right to be a buyer in accordance with the legislation of the Russian Federation;

not all documents were submitted in accordance with the list specified in the information message (with the exception of proposals for the price of state or municipal property at the auction);

execution of these documents does not comply with the legislation of the Russian Federation;

the application was submitted by a person not authorized by the applicant to carry out such actions;

the receipt of the deposit on the accounts indicated in the information message within the established period was not confirmed.

This list of grounds for refusing a bidder to participate in the auction is exhaustive.

Bidders recognized as participants in the auction and bidders not admitted to participate in the auction are notified of this in writing no later than the next business day from the date of execution of this decision by handing them an appropriate notification against receipt or sending such a notification by registered mail.

A bidder admitted to participate in the auction acquires the status of an auction participant from the moment the seller draws up a protocol recognizing the bidders as participants in the auction.

1. 
   Auction procedure

The auction begins on the day and hour specified in the information message with the announcement by the authorized representative of the seller of the opening of the auction and the invitation to participants to receive auction participant cards with a number assigned by the seller and take their places in the auction hall.

The auction is conducted by the auctioneer in the presence of an authorized representative of the seller, who decides all organizational issues and ensures order during the auction.

After the auction participants receive the cards and take their places in the hall, the seller's authorized representative introduces the auctioneer, who explains the rules and specific features of the auction, announces the name of the property put up for auction, its main characteristics, the initial sale price and the auction step.

The auction step does not change during the entire auction.

After the auctioneer announces the initial price, the bidders are invited to declare this price by raising their cards.

If none of the bidders declares the starting price by raising the auction participant's card, the auctioneer repeats the offer to declare the starting price two more times. If, after the initial sale price was announced three times, none of the participants in the auction raised a card, the auction is declared invalid.

After the auction participants declare the initial price, the auctioneer invites the participants to submit their offers at a sale price that exceeds the initial price. Each subsequent price exceeding the previous price per auction step is declared by the participants by raising the cards. If a price is declared that exceeds the previous price by more than an auction step and a multiple of the auction step, this price is declared by the participant by raising the card and announcing sale prices.

Participants are not entitled to submit their proposals for the sale price in other ways.

If the named price is less than or equal to the previous one or is not a multiple of the auction step, it is considered not declared.

The auctioneer calls the card number of the participant who first declared the initial or subsequent price, points to this participant and announces the declared price as the sale price. In the absence of offers to increase the price from other participants, the auctioneer repeats this price three times. If before the third repetition of the declared price, none of the participants in the auction has raised a card and has not declared a subsequent price, the auction ends.

Upon completion of the auction, the auctioneer announces the sale of federal property, names the price of its sale and the number of the auction winner's card. The winner of the auction is the participant whose card number and the price declared by him were named last by the auctioneer.

The results of the auction are documented in a protocol on the results of the auction, which is a document certifying the right of the winner to conclude a contract for the sale of property.

Notification of the victory at the auction simultaneously with the protocol on the results of the auction is issued to the winner of the auction or his authorized representative against receipt on the day of summing up the results of the auction.

During the auction, the seller may conduct an audio and video recording, the materials of which are attached to the protocol in the prescribed manner and remain with the seller.

If on the day of the auction only one of the auction participants recognized by the seller arrives to participate in it, the auctioneer and the authorized representative of the seller sign a protocol declaring the auction invalid.

1. 
   The procedure for concluding a contract of sale
   following the auction

The contract for the sale of federal property is concluded between the seller and the winner of the auction in accordance with the procedure established by law within five working days from the date of summing up the results of the auction.

If the winner evades or refuses to conclude the sale and purchase agreement within the established period, the deposit is not returned to him, and the winner loses the right to conclude the specified sale and purchase agreement. Auction results are canceled by the seller.

Payment for the property by the buyer is made in the manner and within the time limits established by the property purchase and sale agreement, but no later than thirty working days from the date of conclusion of the sale and purchase agreement.

Funds in payment for property are subject to transfer (at a time in a cashless manner) by the winner of the auction to the federal budget to the account using the following details:

TIN 8601038677; Checkpoint 860101001;

Recipient - Department of the Federal Treasury for the Khanty-Mansiysk Autonomous Okrug - Yugra (TU of the Federal Property Management Agency in the Khanty-Mansiysk Autonomous Okrug - Yugra, ph. 04871W01100);

Beneficiary's bank - RCC Khanty-Mansiysk, Khanty-Mansiysk,

BIC - 047162000,

account - 40101810900000010001;

in the field (104) of the settlement document – KBK 16711403013016000440

in field (105) of the OKTMO settlement document - 71871000.

The deposit transferred by the buyer to participate in the auction is counted towards the payment of the property.

A sample of filling out a payment order for paying for property under the terms of a sale and purchase agreement is given on the official website on the Internet www.rosim.ru, on the website of the seller of state property on the Internet http://tu86.rosim.ru, on the official website of the Russian Federation on the Internet www.torgi.gov.ru.

All fields of the payment order are mandatory.

1. 
   Transfer of ownership of property

Ownership of the property passes to the buyer in the manner prescribed by the legislation of the Russian Federation and the contract of sale after full payment of the cost of the property. The fact of payment is confirmed by an extract from the account on receipt of funds in the amount and terms specified in the sales contract.

• Question: No. 1403 dated: 2015-01-08.

By virtue of clause 22 of the Order of the FAS Russia No. 67 dated February 10, 2010, the organizer of a tender or auction may establish a requirement to make a deposit. The amount of the deposit is determined by the organizer of the competition or auction. If the organizer of a tender or auction establishes a requirement to make a deposit, such requirement applies equally to all participants in the tender or auction and is indicated in the notice of the tender or auction.

According to the explanations of the FAS Russia on the application of Article 17.1 of the Federal Law of July 26, 2006 No. 135-FZ "On Protection of Competition" (hereinafter referred to as the Law on Protection of Competition) and the Order of the FAS of Russia No. 67 of February 10, 2010, the rules for conducting trading are not regulated the procedure for determining the amount of the deposit, therefore, during the competition, auction, the amount of the deposit and the need to make it are determined by the organizer of the auction.

However, there is arbitrage practice, according to which, during the auction, the amount of the deposit must correspond to the goalsantitrust laws.

In particular, when conducting tenders, actions that lead or may lead to the prevention, restriction or elimination of competition are prohibited.

The Federal Arbitration Court of the Far Eastern District, in Resolution No. Ф03-829/2013 dated May 20, 2013, indicated that setting the size of the deposit, several times higher than the initial auction price, is in conflict with the goals of antimonopoly regulation, since it is actually aimed at restricting access to participation in auction.

Thus, the determination of the deposit is entirely within the competence of the organizer of the auction, however, the amount should not be unreasonably high, including several times higher than the initial price of the auction.

Attention! The information provided in the article is current at the time of its publication.

Kemerovo OFAS Russia is an executor in the specialization "Practice and problematic issues of application of Article 18.1 of the Federal Law "On Protection of Competition". This article determines the procedure for consideration by the antimonopoly body of complaints about violations of the tendering procedure and the procedure for concluding contracts.

The antimonopoly body analyzed and summarized the violations that the department faces when considering complaints about the organization and conduct of auctions in accordance with the Bankruptcy Law.

Specialists have prepared an overview of frequently occurring violations, indicating the qualification of the violation and with reference to judicial practice:

• A bit of theory
• About the amount of the deposit
• Payment order
• Return and no return

To date bidding for bankruptcy are held everywhere and attract a growing number of people. Few potential applicants for participation in the auction know how to properly make a deposit, and why it is needed at all.

At first glance, everything seems rather trivial, but believe me, the procedure for making a preliminary contribution has some important nuances. Any person planning to take part in the bankruptcy auction should know them.

If you take a little time to study the material presented, you can get around many of the pitfalls that arise in the process of holding bankruptcy auctions, in particular, when a deposit is paid. It is not required to have any great knowledge in jurisprudence to understand the essence of the process. The main thing is attentiveness!

Of course, the information, first of all, will be useful for beginners, but real estate specialists will be able to refresh their knowledge a little. To begin with, we will analyze some theoretical aspects, and then consider specific practical examples. So let's get started!

A bit of theory

Let's start with classical definition. A deposit is a certain amount of money that is paid in advance and proves the applicant's intentions to purchase a particular lot. At first, the definition may seem a little complicated, but in fact it is not.

When bankruptcy bidding first began to appear in our country, there were frequent cases of fraud. That is why the organizers of the auctions introduced the rule of making a preliminary payment. Thus, the applicant proves to the organizers the seriousness of his intentions.

It should be noted right away that the deposit is not some separate amount that remains in the future on the customer's account. This money is used as the own funds of the auction participant, so you should not worry about their safety.

When paying a deposit, you should identify the main important points for yourself. Let's list them:

• the size of the deposit;
• payment procedure and account;
• recipient of the deposit;
• return and no return.

Let's take a closer look at each of these key points. Having disassembled them, it will immediately become clear what the essence of this procedure is.

About the amount of the deposit

In accordance with current legislation the size of the deposit should not exceed 20% of the starting cost of a particular lot. So, for example, with an initial price for an apartment of 2 million rubles, the deposit should be no more than 400 thousand rubles. If, when searching for a lot, you saw a violation of this rule, then we strongly advise you not to contact such organizers, although this is quite rare, because all bankruptcy auctions are held under the close supervision of regulatory authorities.

How can I find out the amount of the deposit for a particular lot. Everything is very simple. The amount of the advance deposit is indicated in the announcement for the auction, which is located on the electronic site. Sometimes the bankruptcy trustee may not indicate the monetary equivalent, but indicate the percentage.

It is noteworthy that in practice the organizers of the auction most often keep the level of the deposit within the limit of 5-10%. It is conditionally considered that such a preliminary contribution attracts a larger number of potential participants, which means that the likelihood of a more profitable sale increases.

There are situations when the contribution is not provided at all. This usually happens when bidding on a public offer and is quite rare, so we will not dwell on this.

Payment order

We note right away that in the case of the stipulated deposit on the website of the electronic trading platform for a specific lot, there is a standard form of an agreement on making a preliminary contribution. The contract specifies all the nuances, and in particular the current account, the amount of payment, the legal address of the auction organizers.

It is important to study all the nuances of the contract. Your task (if you want to buy a specific lot) is to download such an agreement and execute it in accordance with the following algorithm:

1. acquaintance with the contract;
2. filling in the main fields;
3. signing an agreement;
4. copying the contract;
5. sending a copy of the contract to the organizers with the connection of the EDS (electronic digital signature).

When studying a contract carefully compare the recipient's current account number with the one specified in the contract. Indeed, often the deposit is a significant amount, and if you make a mistake, it will be difficult to return it, and even time-consuming.

The point is that ads bidding for bankruptcy are living people. That is why there is always a chance of error, and care and pedantry are required on your part. It is best if you fill out the contract and double-check it several times!

7 reasons why you are not yet making money on bankruptcy auctions

Return and no return

Now let's talk about how you can return the advance payment, having analyzed a specific example. Let's say that you made a payment, but changed your mind about participating in the auction. In this case, you can return the amount of the deposit, with the exception of commission fees for the transfer of funds in time while the applications are being considered and the auction is not held.

But if the applications have already been considered, and you have not withdrawn yours, then the organizers have every right to withhold the preliminary fee. Thus, you should carefully consider everything before you go to the bankruptcy auction and make payments.

Summing up, I would like to say that the procedure for making a deposit at bankruptcy auctions does not involve any difficulties. However, in order to avoid unpleasant situations, it is required to carefully study the information on the lot and the advance payment agreement.

At the first transactions, it will seem to you that all this red tape takes a lot of time. But believe me, your benefit depends on it. Well, with experience, you will be able to analyze information faster and the process of making a deposit will not take you much time and effort.