Based on the foregoing, this article identifies options for assessing the debtor’s seized property, with a view to its further sale in the event of debt repayment.
Is it necessary to conclude an additional agreement to the state contract for the provision of services for appraising the seized property, does the assessment report of the seized property of the debtor conform to the requirements established by the Federal Valuation Standards, on what grounds can the revaluation be made and the reasons for the expiration of the assessment of the debtor’s property, way bailiff perform spruce briefed the executive production of the evaluation of the arrested property, the produced Nepos steno bailiff.
The solution of these issues requires consultation and assistance of professional lawyers.
Article 130 of the Federal Law “On Insolvency (Bankruptcy)” provides for the arbitrators to employ an appraiser to determine the value of the debtor’s property. Payment for the services of the appraiser is made at the expense of the debtor’s property in cases provided for by this Federal Law, unless another source of payment is established by the creditors ‘meeting or the creditors’ committee.
The valuation of the debtor’s property is carried out by the appraiser, who must comply with the requirements established by the legislation of the Russian Federation on appraisal activity, and cannot be an interested person in respect of the arbitration administrator, the debtor and its creditors.
The report on the evaluation of the debtor’s property is subject to inclusion by the arbitration managers of the Unified Federal Register of Bankruptcy Information within two working days from the date of receipt of a copy of this report in electronic form.
The property of the debtor – a unitary enterprise or a debtor – joint stock Company, more than 25% of the voting shares of which is state or municipal property, is evaluated by an independent appraiser with submission of the conclusion to the federal executive authority authorized by the Government of the Russian Federation to prepare conclusions on the appraisers’ reports.
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Based on the decision of the creditors ‘meeting or the creditors’ committee, the assessment of the movable property of the debtor whose book value is less than one hundred thousand rubles as of the last reporting date preceding the date of submission of the application for declaring the debtor bankrupt, can be carried out without involving the appraiser (paragraph 5 of article 130 FZ “On Insolvency (Bankruptcy)”).
The independent appraisal is carried out by the appraiser in accordance with the RF Law “On Appraisal Activity in the Russian Federation” No. 135-ФЗ of 29.07.1998, as well as the standards for the assessment of FSO No. 1, FSO No. 2, and FSO No. 3, approved by the orders of the Ministry of Economic Development of Russia No. 254- 256.
· In case of bankruptcy, the arbitration manager attracts an appraiser for evaluation:
– Intellectual property and intangible assets;
– Machinery and equipment, transport, self-propelled machinery;
Land and other real estate.
Appraisers involved in the arbitration manager must have a special education, their professional activity must be insured, and they must be members of a self-regulatory organization, in accordance with the requirements of the current legislation.
Thus, to assess the property of bankrupt organizations, the arbitration manager, Vyacheslav Alexeevich Simonov, attracts LLC “Center for Property Valuation”, whose appraisers have a special education, are members of the Non-Profit Partnership “Community of Appraisers”. The professional activity of each appraiser is insured.
LLC “Regional Center for Evaluation and Expertise” and LLC “BASKO” are accredited with the SAO “SRO” DELO “. Property valuation In accordance with the current legislation valuation activity is understood as the professional activity of the subjects of appraisal activity, aimed at establishing in relation to objects of market, cadastral or other value assessment. (Federal Law No. 135-FZ of July 29, 1998)
The subjects of appraisal activity are individuals who are members of one of the self-regulating organizations of appraisers and insured their liability in accordance with the requirements of the current legislation. An appraiser may perform appraisal activities independently, engaging in private practice, and also on the basis of an employment contract between the appraiser and the legal entity. Why do I need a professional estimate of the cost of housing and other property?
Such a service as an estimation of the cost of housing exists long ago, but when making real estate transactions, many are trying to save on it. However, there are a number of reasons why you should think about the need for professional valuation of property, even if the law does not require it.
Firstly, the assessment will help you to orient yourself in setting the price and sell the apartment faster.