03 Jan Movable Sale And Procedure In Enforcement Law
MONETIZATION (SALES)
The third stage of enforcement proceedings is the conversion of confiscated goods into cash. Movable and immovable property foreclosed by the Executive Directorate is sold and cashed at the creditor’s foreclosure request.
As a rule, the right to request a sale belongs to the creditor who owns the exact foreclosure. 108 of the first creditor to have a temporary foreclosure. he does not have the right to request a sale in accordance with the provision in the article. It is also possible for the creditor or debtor to request a sale. Also, Iik’s 113. according to the second paragraph of the article, the executive director can always decide to sell goods whose value falls rapidly or whose preservation costs are high. In such a case, it does not matter if the foreclosure is a temporary or precautionary foreclosure. (IIK m. 108, II).
The creditor’s right to request a sale has been limited for a certain period of time. The creditor must ask for sale within 6 months of foreclosure for the relocation and within 1 year for the relocation. The sale request period starts from the exact date of foreclosure. A sales request can be made in writing or orally.(IIK. m. 106). If the sale of a property is not requested within the legal period or the necessary expense is not stored within fifteen days in accordance with the decision to be made by the executive director, or if the demand is not returned and renewed within the legal period, the lien on that property is removed. A demand for the sale of foreclosed goods can be withdrawn once. If it is determined that the foreclosure has been lifted as a result of correspondence with the Enforcement office of the goods registered in the official register, the foreclosure comment will be abandoned by the administration holding the registry, and the transaction will be notified to the relevant enforcement office. The creditor who caused the foreclosure to be lifted is responsible for all expenses such as the placement and storage of the foreclosure for that property. (IIK m.110).
In the sale of relics, within two months of the sale request, the auction or IIK 119. in cases specified in the article, it is done by negotiation.
The executive director makes a sale decision upon the sale request. In this decision, the day, place and how the sale will be made are determined. In Movable sales, the notification of the sale announcement to the borrower is not mandatory. Again, the executive director makes a decision on whether the sale will be announced in a newspaper or whether the announcement will be made in a national or local newspaper, taking into account the interests of the parties. If it is decided to announce the sale in the national newspaper, the circulation of the advertised newspaper must be over 50,000 as of the date of the sale request. (IIK. m. 114). The sales announcement will also be made electronically from January 6, 2013.
Along with the sale decision, the executive director also issues a specification for the sale.
The auction starts by bidding electronically. Electronic bidding, the first auction date begins ten days before the auction ends when it ends at the end of the day before; the second in the tender bid electronically on the fifth day after the first auction begins, to be determined later when a second tender must be made at least ten days before the day ends at the end of the day. Offers to be made electronically cannot be less than fifty percent of the estimated value of the confiscated property; before making a bid, it is necessary to show a guarantee of twenty percent of the estimated value of the foreclosed property. In the case of a subsidiary to increase the amount written in the above paragraph, which the creditor who has the right to carry out the sale will receive, no Pey and collateral will be sought(IIK. m. 114).
The first and second tender is initiated by the executive officer at the place, Day and time specified in the announcement, on the highest offer issued electronically. After the goods put up for sale are shouted three times, the highest bid given electronically is also evaluated and tendered to the highest bidder. So far, fifty percent of the estimated cost of the auction price of the goods, find and want to buy gear that would get other receivables is provided with ruchan thus, if ruchan is more than the sum of the receivables, and other than that, redemption and must exceed the costs of allocating the money. In the first tender, if the buyer does not come out or the amount required for the tender is not reached, the sale is returned by the executive officer. In the second tender, if the buyer does not come out or the conditions written in this article are not met, the demand for sale falls (IIK. m. 115).
In both auctions, sales and distribution costs must be met.
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