Article 175. Conditions for Sale of City-Forming Enterprise and Equivalent Enterprise
On insolvency (LRU-763-son) · Date: 12.04.2022 · In force
In order to satisfy the claims of creditors in the course of the external management procedure, a city-forming enterprise and an enterprise equivalent to it can be sold as a property complex. The sale of a city-forming enterprise and an enterprise equivalent to it shall be carried out by holding a tender or bidding in the form of an electronic online auction.
The mandatory conditions for the sale at the tender of a city-forming enterprise and an enterprise equivalent to it shall be:
preservation of jobs for not less than seventy percent of employees employed at the city-forming enterprise and equivalent to it at the time of its sale;
obligation of the buyer to retrain or employ employees in the event of a change in the profile of the activity of the city-forming and equivalent enterprise.
Mandatory conditions for the sale at the tender of an enterprise that ensures the maintenance of the defense capability and security of the state, as well as having strategic importance, shall be:
ensuring the preservation of the intended purpose of the property complex of the enterprise, which ensures the maintenance of the defense capability and security of the state, as well as the property of an enterprise of strategic importance and property of mobilization purpose, as well as a specific purpose of property of strategic importance;
execution of the debtor's contracts related to the performance of work under the state defense order, the provision of state needs in the field of defense capability and state security.
Mandatory conditions for the sale at a tender of an enterprise that is a subject of natural monopolies shall be:
buyer's consent to assume the obligations of the debtor under contracts for the supply of goods that are the subject of regulation of the legislation on natural monopolies, ensuring the availability of manufactured and (or) sold goods (works, services) for consumers;
availability of a license with buyer to carry out the relevant type of activity, if the debtor's activity is subject to licensing.
The terms of the tender, which are not provided for by parts two, three and four of this article, may be established solely with the consent of the meeting of creditors in the manner prescribed by article 17 of this Law.
If the city-forming and equivalent enterprise was not sold on the terms of a tender, it is subject to sale in bidding in the form of an electronic online auction.
