Special aspects of asset disposition and property rights of agricultural organizations
December 06, 2019

Agricultural organizations are legal entities whose main activities are the production or production and processing of agricultural products, and its sales revenue is not less than 50% of the total revenue.

When selling the property of the debtor (an agricultural organization), the arbitration manager shall put up for sale the enterprise of the debtor (an agricultural organization) through tendering.

If the enterprise of the debtor (the agricultural organization) is not sold at the auction, the arbitration manager must put up for sale the property that is used for the production of agricultural products, its storage, processing, sale and separately other property of the debtor in a single lot. It is said in Article 179 of the Federal Law «On insolvency (bankruptcy)» October 26, 2002, N 127-FL (as amended on 12.27.2018).

The preemptive right to acquire the property of the debtor is held by persons engaged in the production or production and processing of agricultural products and who own land plots directly adjacent to the land plot of the debtor.

The arbitration manager sells the property of the debtor to a person who has the right to acquire them predominantly at the price determined at the auction. If several persons have declared their intention to use their preemptive right to purchase, the property of the debtor is sold at the price determined at the auction to the person whose application was received first by the arbitration manager.

If the production and technological complex of the debtor of the agricultural organization put up for auction is not sold at the auction and the indicated persons have not expressed their desire to acquire property and property rights within a month, the arbitration manager shall realize the property and property rights on a common basis in accordance with from Articles 110 and 139 of the Federal Law «On insolvency (bankruptcy)».

Thus, tenders for the sale of property and property rights of agricultural organizations have seven stages, while the sale of property of an ordinary organization has only five stages.

Rizvan Fazdalov
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