Large transaction ip 44 fz. The decision on the complaint of an individual entrepreneur. Decision to approve a major transaction sample

It should be remembered that this document is valid only for the period specified in it. A future transaction must be completed at this specific time and no later than that. Typically, this period is 1 year. As for the price, you need to indicate the amount that will be offered during the transaction, and its size is selected individually for the situation. On the other hand, even if the size can be anything, it would be logical to indicate the maximum possible amount that the company is willing to pay to successfully complete the transaction. If the specified amount is not sufficient to consider the transaction "large", then the consequences are not as critical as it might seem. It is only necessary to draw up the decision to approve the transaction again, taking into account the necessary changes, due to which the transaction was not large, namely the price.

Specifics of making a decision to approve a major transaction

To protect the shareholders of the company, and in the case of LLC - the members of the company from unfair or imprudent actions of the head, the legislator has established a requirement for the approval (obtaining consent to) the company of major transactions. What is a Big Deal? Law No. 208-FZ "On joint stock companies"And Law No. 14-FZ" On companies with limited liability»Installed the following criteria classifying the operation as large. 1. If it goes beyond the usual economic activity, eg:

not accepted in the activities of a company or other companies with assets and turnover volumes of a similar size (p.

Sample decision to approve a major transaction

However, in practice it turned out that such a certificate is required:

for a tender for public procurement - a certificate of the smallness of transactions can be included in the list of documents included in the application (order of the DIGM "On approval approximate form tender documentation "dated 20.09.2010 No. 3308-r);
a notary when a company alienates a share in the authorized capital of another company;
Rosreestr when concluding a transaction for the disposal of property (clause 240 of the Administrative Regulations of Rosreestr for the provision of public service by state registration right, approved by order of the Ministry of Economic Development of Russia dated 09.12.2014 No. 789).

In all these cases, the certificate will confirm the authority of the head to dispose of things or rights without the approval of another body - general meeting or the board of directors.

We draw up a certificate of the smallness of the transaction for LLC - sample

Attention

It is considered that if the supplier did not provide such data, then the conclusion of the contract does not fall into the category in question for him. But, as practice shows, even the decision of the only participant to approve a major transaction, just in case, is attached to the general package of documents. It's important not to make a mistake here. Otherwise, there is a risk of rejection of the auction participant due to the fact that he provided inaccurate information.

Such cases are challenged by the FAS, but the period for concluding a contract is increased. What to look for when drawing up: form and content First of all, it is worth noting that in the legislation of the Russian Federation there is no single sample of a decision on a major transaction. But clause 3 of Art.

Ntvp "cedar - consultant"

Decision on a major transaction for an individual entrepreneur and the sole participant of an LLC First of all, it is worth emphasizing the fact that the current legislation of the Russian Federation (Art. 66 No. 44-FZ) does not establish any requirements for an individual entrepreneur in providing a decision on a major transaction. In fact, the concept of a "large deal individual entrepreneur"Does not exist in principle. Read more about large deals for LLCs here.

The need to draw up a decision to approve a major transaction applies not only to LLCs, but also to:

budgetary institutions;
unitary enterprises;
joint stock companies;
state-owned companies, etc.

If there is only one founder in the LLC, then instead of the previously mentioned decision, it is necessary to draw up a decision of the only participant. The form is filled out personally by the founder, then submitted to the trading platform or joins the application (if there was a customer's request).

Sample decision on approval of a major transaction for individual entrepreneurs

Important

Checking the criteria For companies, joint stock or limited liability, the criteria for paperwork for the approval of the terms of the contract are determined. If there is only one participant in the constituent documents of the company, then the decision of the only participant on the approval of a major transaction is drawn up with his signature. If the company has more than two founders, then the issue is decided at an extraordinary meeting, at the end of which a protocol is drawn up.

It needs to reflect the voices of all participants.

Checking the decision to approve a major transaction

The lack of obligation to submit a decision on approval of large transactions does not mean that individual entrepreneurs are accredited in a simplified manner. The rest of the requirements are valid for everyone participating in the auction, and in the form for the conclusion of a state contract, special conditions may generally be present. Decision for an LLC For an LLC intending to take part in an open auction, a transaction is considered major if:

the amount is higher than an ordinary business transaction;
there is a transfer of property objects for temporary use;
the cost of such transactions will be equal to or more than 25 percent of the company's assets.

The decision to approve a transaction of this type contains not only the founders' verdict, but also the highest contract value.
The document is drawn up both on the basis of legislation and according to the rules enshrined in the charter of the company.

Is there a concept of the size of the transaction for SP?

A sample decision on a major transaction has not been legally approved. You should check that it contains:

who is the party to the agreement and the beneficiary;
maximum contract amount;
subject of the agreement;
other significant terms of the contract.

IMPORTANT! If the company consists of several participants, then, in accordance with article 67.1 of the Civil Code of the Russian Federation, the approval adopted at the general meeting requires notarization, unless another method of certification, for example, signing by all participants of the meeting, is not spelled out in the charter or a separate order is not issued inside organizations.

An individual entrepreneur has a decision to approve a major transaction

At the legislative level, these documents are regulated by Federal laws:

For limited liability companies, the Federal Law of 08.02.1998 No. 14-FZ (hereinafter referred to as the Federal Law "On LLC") is in force, it contains information about which body of the company is authorized to make such an opinion.
For joint-stock companies, the Federal Law “On Joint-Stock Companies” dated December 31, 2005 No. 208 is in force.

IMPORTANT! We would like to draw your attention to the fact that in accordance with the Federal Law "On LLC", if the only participant in the company acts as an executive body, he does not have to make a decision on approval. At the same time, during accreditation, he must provide an information letter or an opinion that, within the framework of the legislation, the contract is not significant for him. We check the form and content Article 181.2 of the Civil Code discloses the requirements for the content of such documents.

This can be avoided by entering this question (on the choice of the method of confirming the decision on a major transaction) on the agenda. Thus, the need for notarization is completely eliminated. Download a sample of a decision on a major transaction for an LLC in .doc format (Word) Approval of a major transaction (video) This video describes how to properly conduct the procedure for approving a major transaction, as well as indicates the legislative acts regulating this process.
An incorrectly drawn up decision on a major transaction can entail serious consequences, the main of which is the refusal of accreditation on the trading floor. If the supplier considers that the transaction is not large, it is enough to attach a certificate instead of the decision, which confirms this fact.

Should the customer reject the winner of the electronic auction - an individual entrepreneur, if he has not provided in the second part of the application for participation a decision on the approval of a major transaction. And who should (should) provide such a solution?

Answer

Oksana Balandina, Chief Editor of the State Order System

From July 1, 2018 to January 1, 2019, customers have a transitional period - it is allowed to carry out both electronic and paper procedures. As of 2019, paper tenders, auctions, quotes and requests for proposals will be banned, with eight exceptions.
Read what purchases to conduct on the ETP, how to choose a site and get electronic signature, according to what rules to conclude contracts during the transition period and after.

An individual entrepreneur does not provide a decision on the approval of a major transaction, since the legislation of the Russian Federation does not establish the requirement for a decision to approve or conclude a major transaction for individual entrepreneurs. The customer should not reject the winner of the electronic auction if he has not provided in the second part of the application for participation a decision to approve a major transaction and if such winner of the auction is an individual entrepreneur.

According to Art. 11 of the Tax Code of the Russian Federation (part one) of July 31, 1998 No. 146-FZ individual entrepreneurs - individuals registered in the prescribed manner and carrying out entrepreneurial activity without the formation of a legal entity, heads of peasant (farm) households. Individualscarrying out entrepreneurial activities without forming a legal entity, but not registered as individual entrepreneurs in violation of the requirements of the civil legislation of the Russian Federation, while performing the duties assigned to them by this Code, are not entitled to refer to the fact that they are not individual entrepreneurs.

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In clause 8, part 2 of Art. 61 Federal law dated 05.04.2013 No. 44-FZ "O contract system in the field of procurement of goods, works, services to meet state and municipal needs "(hereinafter referred to as Law No. 44-FZ), it is stated that in order to obtain accreditation, an electronic auction participant provides the operator electronic platform a decision on the approval or on the conclusion of transactions based on the results of such auctions on behalf of this procurement participant - a legal entity, indicating information on the maximum amount of one transaction. In the event that the requirement for the need for this decision to complete a major transaction is established by the legislation of the Russian Federation and (or) the constituent documents of the legal entity, this decision adopted in the manner established for making a decision on the approval or conclusion of a major transaction. In other cases, this decision is made by a person authorized to obtain accreditation on behalf of this procurement participant - a legal entity.

According to clause 8, part 2 of Art. 61 of Law No. 44-FZ, in the register of electronic auction participants who have received accreditation on the electronic platform, in relation to each participant of such an auction must contain, inter alia, the following documents - a decision on the approval or execution of transactions based on the results of such auctions on behalf of such a participant. auction - a legal entity with information on the maximum amount of one transaction in accordance with clause 8, h. 2, Art. 61 of Law No. 44-FZ.

To identify a supplier, contractor or contractor, the first step is to plan electronic procedures. Get an electronic signature. Choose the site that best suits your organization and register. Next, generate documentation and a notice, carry out procedures and determine a supplier and conclude a contract, taking into account the characteristics of each of the procurement methods.
See solutions for each electronic method: auction, tender, request for quotations, request for proposals.

If the company participates in the auction through an intermediary, then the first option is selected. For LLC, the supreme body is the meeting of founders, which makes all the governing resolutions. In some cases, the authority for the described operations is delegated to the board of directors. Organizations must submit a formalized decision. Otherwise, the candidate will be removed from the electronic platform at any stage. Sometimes this happens right before the conclusion of the contract, sometimes the request is excluded from the list of bids of the participants in the open auction immediately after the documents are accepted. If an LLC has only one founder, then formally, as for an individual entrepreneur, he does not need to present this document. However, the trading rules establish that the decision to make major operation is submitted by a legal entity.

Sample decision on approval of a major transaction for individual entrepreneurs

The Civil Code of the Russian Federation fixes the list of information that must be reflected in the decision of the in-person meeting of the founders. The protocol requires the following information:

date, time and place of the meeting;
persons who participated in the meeting;
results of voting on each item on the agenda;
persons who counted the votes;
persons who voted against the approval of the transaction and demanded to record it.

Please note that the approval rules do not apply to companies that consist of one participant, and he simultaneously performs the functions of an executive body (clause 7 of article 46 No. 14 of the Federal Law).

Specifics of making a decision to approve a major transaction

A transaction will be considered major if it goes beyond the boundaries of ordinary economic activity and at the same time is associated with the purchase or sale of property of a joint stock company (more than 30% of shares) or provides for the transfer of property for temporary use or under a license (clause 1 of article 46 No. 14- FZ). Moreover, in both cases, the price of such transactions must be at least 25% of the book value of the assets of the limited liability company (LLC). The decision to approve such an operation is a document that indicates the maximum price of one contract (cl.

8 h. 2 tbsp. 61 No. 44-FZ). If required, then it is accepted in accordance with the legislation of the Russian Federation (14-ФЗ, 174-ФЗ, 161-ФЗ, etc.) or according to the rules established in the Charter of the procurement participant. In other cases, this is done by the supplier's representative authorized to obtain accreditation on the ETP.

Sample decision to approve a major transaction

Approve the conclusion of contracts (agreements) following the results of the procurement procedures for goods, works, services carried out in accordance with the Law of 05.04.2013 No. 44-FZ "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs", under the Law of 18.07.2011 No. 223-FZ "On the procurement of goods, works, services separate types legal entities"And other types of purchases on behalf of the Limited Liability Company" .2. Approve the maximum possible amount of one major transaction for the conclusion of contracts (agreements) based on the results of the procurement procedures for goods, works, services, in the amount of 50,000,000 (Fifty million) rubles. The only participant of the Limited Liability Company "" "Full name" LLC SB "Aspect" does not guarantee full compliance of the materials with legislative norms at the time of their viewing by the user.

Decision to approve a major transaction in LLC (sample)

Info

He fills out the form on his own behalf and submits it to the competition site or attaches to the application, if such a request came from the customer. You can see a sample of the Decision on the approval of a major transaction below, this option is general and is suitable for submission to both the ETP and the customer. A sample protocol on the approval of a major transaction If the company has several founders, then a “Protocol on the approval of a major transaction” is prepared.

Attention

You can see a sample of this document below: As you noticed, you need to enter the amount that will be the maximum for recognizing the transaction as not large for the company. You can specify any that you deem necessary, the most logical is to indicate the maximum amount that you are ready to offer during the purchase. It may happen that the amount you specified in the document is too small.

Decision to approve a major transaction

The supplier provides a document confirming his readiness to take part in a significant purchase as part of the main package of documents at the stage of registration and obtaining the status of an accredited company on federal trading floors. To check whether the document meets the requirements, a sample decision on a large transaction 44-FZ will help. At the end of the article, you will find some examples for various organizations.
Checking the criteria For companies, joint stock or limited liability, the criteria for paperwork for the approval of the terms of the contract are determined. If there is only one participant in the constituent documents of the company, then the decision of the only participant on the approval of a major transaction is drawn up with his signature. If the company has more than two founders, then the issue is decided at an extraordinary meeting, at the end of which a protocol is drawn up.
It needs to reflect the voices of all participants.

Sample Decision to Approve a Major Deal 2018

In an LLC, approval falls within the purview of the general meeting. If the organization has a board of directors, then, on the basis of the Charter, the adoption of agreements on such operations may be transferred to its jurisdiction. When you need such approval in the contract system To participate in the electronic auction, everyone who wants to first pass accreditation on the ETP.

To do this, they provide a general package of documents, which includes consent to the transaction. Moreover, this is always required, including when the purchase does not belong to the category of large ones. You can find a sample decision on a large deal of Federal Law 44 at the end of the article.

Information must be included in the second part of the application if it is required by legislation or constituent documents, as well as when both the security of the contract or the application and the contract itself will be large for the participant. In the absence of this information, the candidate may be rejected at any stage before the conclusion of the contract.

Checking the decision to approve a major transaction

The lack of obligation to submit a decision on approval of large transactions does not mean that individual entrepreneurs are accredited in a simplified manner. The rest of the requirements are valid for everyone participating in the auction, and in the form for the conclusion of a state contract, special conditions may generally be present. A decision for an LLC For an LLC intending to take part in an open auction, a transaction is considered major if:

the amount is higher than an ordinary business transaction;
there is a transfer of property objects for temporary use;
the cost of such transactions will be equal to or more than 25 percent of the company's assets.

The decision to approve a transaction of this type contains not only the founders' verdict, but also the highest contract value.

The document is drawn up both on the basis of legislation and according to the rules enshrined in the charter of the company.

Decision to approve a major transaction sample

For more information about the organization's documents, see the material Drawing up the charter of an LLC with the board of directors - sample 2016. Qualifying signs of a major transaction are:

Property price determined by the ratio of book value or market value.
Going beyond ordinary economic activities (clauses 1, 8, article 46 of Law No. 14-FZ) (i.e., lack of communication with the purchase of raw materials, sale of goods, payment of rent payments, etc., if the work of the organization is not changes and is not completed, current transactions of this kind do not need additional approval, see the resolution of the AC MO dated November 28, 2016 No. F05-17701 / 2016 in case No. A40-196898 / 2015).

A major transaction means not only purchase and sale, but also lease, loan, and other uses. This applies not only to things, but also to the results of intellectual activity.

How to get a decision to approve a major transaction ip sample

Chairman of the meeting Secretary of the meeting Agenda:

On the approval of a major transaction.

On the issue of approving and completing major transactions, we heard (full name) with a proposal to approve and conclude major transactions on behalf of (full name of the legal entity) based on the results of electronic auctions held on the MICEX electronic trading floors "Goszakupki" ( etp-micex.ru), Sberbank-AST CJSC (sberbank-ast.ru), RTS-tender LLC (rts-tender.ru), United Electronic Trading Platform"(Roseltorg.ru), State Unitary Enterprise" Agency for the State Order of the Republic of Tatarstan "(zakazrf.ru). The maximum amount of one such transaction should not exceed (amount in words and figures) Voted: “for” -%, “against” -%, “abstained” -%. Decision is made.

What to look for when drawing up: form and content First of all, it is worth noting that in the legislation of the Russian Federation there is no single sample of a decision on a major transaction. But clause 3 of Art. 46 No. 14 FZ explains that such a document should indicate:

The person who is the party to the agreement and the beneficiary.
Price.
Subject of the agreement.
Other significant terms or the procedure for determining them.

The beneficiary may not be indicated if it is impossible to determine it by the time the document is approved, and also if the contract is concluded based on the results of the auction. Moreover, Art. 67.1 of the Civil Code of the Russian Federation states that decision the executive bodies of the LLC must be confirmed with the help of a notarization, unless another method is provided for by the Charter of such a company or by a decision of the general meeting, which was unanimously adopted by the participants.

Case number: 04-03-144-2012

on consideration of complaint No. 144

INSTALLED:

R E W I L A:

Members of the Commission:

Prescription

when placing an order

prescribes:

Members of the Commission:

DECISION

on consideration of complaint No. 144

Violation of the law when placing an order

The Commission of the Trans-Baikal OFAS Russia for control in the field of placing orders, having considered the complaint of an individual entrepreneur received on August 24, 2012 about violation of the requirements of the Federal Law dated July 21, 2005 No. 94-FZ "On placing orders for the supply of goods, performance of work, provision of services for needs "by the state customer - the Office of the Judicial Department in the Trans-Baikal Territory during an open auction in electronic form for the right to conclude a state contract for the supply computer technology (register No. 0391100017712000095),

in the presence of: the customer's representative, the applicant's representative,

INSTALLED:

On August 24, 2012, the Trans-Baikal OFAS Russia received a complaint from an individual entrepreneur against the actions of the Department of the Judicial Department in the Trans-Baikal Territory when conducting an open auction in electronic form for the right to conclude a state contract for the supply of computer equipment (register No. 0391100017712000095).

It follows from the essence of the complaint that the applicant submitted an application for participation in an open auction, which, when considering the second part, was rejected by the customer due to the absence of an attachment in its composition of the decision to approve a major transaction. The applicant considers the requirement unnecessary said document as part of the applications of the participants of the open auction - individual entrepreneurs. Asks to declare the complaint justified, issue an order to cancel the protocol of consideration of the second parts of applications for participation in an open auction in electronic form dated 21.08.2012 No. 47.1

The customer's representative disagrees with the applicant's arguments, explaining the following.

When considering the second parts of the applications, the commission rejected the IP application as inconsistent with clause 4 of part 1 of the auction documentation and clause 1 of part 6 of article 41.11 of the Law on placing orders, in particular, the second part of the entrepreneur's application does not contain a decision to approve a major transaction.

The customer's representative considers the rejection of the IP application to be in accordance with the Law on Placing Orders, asks to declare the complaint unfounded.

In the course of consideration of the complaint by the commission on the basis of part 5 of article 17 of the Law on placing orders, unscheduled check placing the specified order. During the check, the following was found.

On August 7, 2012, the state customer posted a notice of an open auction in electronic form for the right to conclude a state contract for the supply of computer equipment. The auction documentation was published at the same time as the notification. The initial contract price was 405602.30 (four hundred five thousand six hundred and two) rubles 30 kopecks. Two bids have been submitted for participation in the open auction.

In accordance with clause 4 of part 1 of the auction documentation, as part of the second part of the application, the participant of the open auction must submit in electronic form a decision to approve or to conclude a major transaction or a copy of such a decision if the requirement for the need for such a decision to complete a major transaction is established legislation Russian Federation and (or) the constituent documents of the legal entity and if for a participant in the placement of an order for the supply of goods, performance of work, provision of services that are the subject of the contract, or making money as a security for an application for participation in an open auction, security for the execution of a contract is a major transaction. The provision of this decision is not required if the initial (maximum) contract price does not exceed the maximum transaction amount provided for by the decision on the approval or execution of transactions provided for the accreditation of the participant in the order placement on the electronic platform.

According to the protocol of consideration of the second parts of applications for participation in an open auction dated 21.08.2012 No. 47.1 (protocol of summing up the results of the auction dated 21.08.2012 No. 0391100017712000095-3), due to the absence of this decision, the application of the individual entrepreneur was recognized as inconsistent with paragraph 4 of part 1 of the auction documentation and paragraph 1 part 6 of article 41.11 of the Law on placing orders; the winner was SP T.L.V.

At the time of consideration of the IP complaint, the order is at the stage of signing a state contract.

Having considered the submitted documents, having heard the explanations of the parties, the Commission came to the following conclusions.

In accordance with paragraph 1 of part 3 of Article 41.6 of the Law on Placing Orders, the documentation for an open auction in electronic form must contain requirements for the content and composition of an application for participation in an open auction in electronic form in accordance with Parts 4 and 6 of Article 41.8 of the said Law. Requirements for the content and composition of the second part of the application for participation in an open auction are established by the customer in part 1 of the auction documentation.

As part of the second part of the application, a participant in an open auction must submit in electronic form a decision to approve or conclude a major transaction, or a copy of such a decision if the requirement for the need for such a decision to complete a major transaction is established by the legislation of the Russian Federation and (or) constituent documents a legal entity and if for a participant in the placement of an order for the supply of goods, the performance of work, the provision of services that are the subject of the contract, or the deposit of funds as security for an application for participation in an open auction, security for the execution of the contract is a major transaction. The provision of this decision is not required if the initial (maximum) price of the contract does not exceed the maximum transaction amount provided for by the decision on the approval or execution of transactions provided for the accreditation of the participant in the placement of the order on the electronic platform. The specified requirement of clause 4 of part 1 of the auction documentation corresponds to clause 6 of part 6 of article 41.8 of the Law on placing orders.

The Commission established that the requirement for the need for a decision to approve or to conclude a major transaction is established by the legislation of the Russian Federation, namely, Federal Laws dated 03.11.2006 No. 174-FZ "On Autonomous Institutions", dated 14.11.2002 No. 161-FZ "On State and municipal unitary enterprises ", dated 08.02.1998 No. 14-FZ" On limited liability companies ", dated 26.12.1995 No. 208-FZ" On joint stock companies "and other federal laws for legal entities. The requirement of the need for such a solution to complete a major transaction for individual entrepreneurs is not established by the legislation of the Russian Federation.

In addition, in order to provide access to participation in open auctions in electronic form, the operator of the electronic platform carries out accreditation of participants in the placement of an order, for which, in accordance with paragraph 8 of part 2 of Article 41.3 of the Law on Placing Orders, the participant in the placement of an order shall submit to the operator of the electronic platform a decision on approval or on the completion of transactions based on the results of open auctions in electronic form on behalf of a participant in the placement of an order - a legal entity, indicating the maximum amount of one such transaction. Thus, when accrediting participants in placing an order - individual entrepreneurs, the operator of an electronic platform does not need a decision to approve or conclude a major transaction.

In connection with the above, the auction commission considers the second parts of applications for participation in an open auction in electronic form, as well as documents sent to the customer by the operator of the electronic site, for compliance with their requirements established by the documentation on an open auction in electronic form. The operator of the electronic platform did not send a decision to the customer to approve or conclude a major transaction due to the absence of such a document in the list of documents required for an individual entrepreneur when he is accredited on the electronic platform.

Based on the foregoing, the Commission believes that the provision in the second part of the application of a decision on approval or on the conclusion of large transactions on behalf of the participant in the order placement is provided only for legal entities and the rejection of the second part of the IP application by the customer is unreasonable.

Based on the foregoing, guided by the Decree of the Government of the Russian Federation of 20.02.2006 No. 94 "On federal body executive power authorized to exercise control in the field of placing orders for the supply of goods, performance of work, provision of services for federal state needs", Paragraph 1 of part 9 of article 17, part 6 of article 60 of the Law on Placing Orders, Administrative Regulations approved by order of the FAS Russia dated November 14, 2007 No. 379, Commission

R E W I L A:

1.The individual entrepreneur's complaint should be recognized as justified.

2. To recognize the state customer - the Office of the Judicial Department in the Trans-Baikal Territory, in violation of part 7 of article 41.11 of the Law on placing orders.

3. Issue to the state customer - the Office of the Judicial Department in the Trans-Baikal Territory, an order to eliminate the identified violations by September 7, 2012.

Deputy Chairman of the Commission

Members of the Commission:

Prescription

on consideration of complaint No. 144 on violation of the law

when placing an order

The Commission of the Trans-Baikal OFAS Russia for control in the field of placing orders, having considered and acknowledging as justified the complaint received by the individual entrepreneur on August 24, 2012 for violation of the requirements of the Federal Law of July 21, 2005 No. 94-FZ "On placing orders for the supply of goods, performance of work, provision of services for state and municipal needs "by the state customer - the Office of the Judicial Department in the Trans-Baikal Territory during an open auction in electronic form for the right to conclude a state contract for the supply of computer equipment (register No. 0391100017712000095),

prescribes:

To the state customer - the Office of the Judicial Department in the Trans-Baikal Territory until September 07, 2012:

1. Cancel drawn up during posting state order minutes of consideration of the second parts of applications for participation in an open auction dated 21.08.2012 No. 47.1 (minutes of summing up the results of the auction dated 21.08.2012 No. 0391100017712000095-3).

2. To re-consider the second parts of applications for participation in an open auction in electronic form, taking into account the application of IE Ch.

4. Submit copies of documents confirming the fulfillment of this order to the Zabaikalskoe OFAS Russia by September 10, 2012.

The order can be appealed against Court of Arbitration Trans-Baikal Territory within three months from the date of its issuance.

Responsibility for failure to comply with the order is provided for by part 7 of article 19.5 of the Code of Administrative Offenses of the Russian Federation.

Deputy Chairman of the Commission:

Members of the Commission:

full version of the article

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on consideration of complaint No. 144

on violation of the law when placing an order

The Commission of the Trans-Baikal OFAS Russia for control in the field of placing orders, having considered the complaint of an individual entrepreneur received on August 24, 2012 about violation of the requirements of the Federal Law dated July 21, 2005 No. 94-FZ "On placing orders for the supply of goods, performance of work, provision of services for needs "by the state customer - the Office of the Judicial Department in the Trans-Baikal Territory when holding an open auction in electronic form for the right to conclude a state contract for the supply of computer equipment (register No. 0391100017712000095),

in the presence of: the customer's representative, the applicant's representative,

INSTALLED:

It follows from the essence of the complaint that the applicant submitted an application for participation in an open auction, which, when considering the second part, was rejected by the customer due to the absence of an attachment in its composition of the decision to approve a major transaction. The applicant considers it unnecessary to require this document in the bids of the participants in the open auction - individual entrepreneurs. Asks to declare the complaint justified, issue an order to cancel the protocol of consideration of the second parts of applications for participation in an open auction in electronic form dated 21.08.2012 No. 47.1

The customer's representative disagrees with the applicant's arguments, explaining the following.

The customer's representative considers the rejection of the IP application to be in accordance with the Law on Placing Orders, asks to declare the complaint unfounded.

In the course of consideration of the complaint by the commission on the basis of part 5 of Article 17 of the Law on Placing Orders, an unscheduled check of the placement of the said order was carried out. During the check, the following was established

In accordance with clause 4 of part 1 of the auction documentation, as part of the second part of the application, the participant of the open auction must submit in electronic form a decision to approve or to conclude a major transaction or a copy of such a decision if the requirement for the need for such a decision to complete a major transaction is established the legislation of the Russian Federation and (or) the constituent documents of the legal entity and if for the participant in the placement of the order for the supply of goods, the performance of work, the provision of services that are the subject of the contract, or the deposit of funds as security for the application for participation in an open auction, the enforcement of the contract is a major transaction ... The provision of this decision is not required if the initial (maximum) price of the contract does not exceed the maximum transaction amount provided for by the decision on the approval or execution of transactions provided for the accreditation of the participant in the placement of the order on the electronic platform.

At the time of consideration of the IP complaint, the order is at the stage of signing a state contract.

Having considered the submitted documents, having heard the explanations of the parties, the Commission came to the following conclusions.

Based on the foregoing, guided by the Decree of the Government of the Russian Federation of February 20, 2006 No. 94 "On the federal executive body authorized to exercise control in the field of placing orders for the supply of goods, performance of work, provision of services for federal state needs", paragraph 1 of part 9 of article 17, part 6 of Article 60 of the Law on Placing Orders, Administrative Regulations approved by order of the FAS Russia dated November 14, 2007 No. 379, Commission

R E W I L A:

1.The individual entrepreneur's complaint should be recognized as justified.

2. To recognize the state customer - the Office of the Judicial Department in the Trans-Baikal Territory, in violation of part 7 of article 41.11 of the Law on placing orders.

3. Issue to the state customer - the Office of the Judicial Department in the Trans-Baikal Territory, an order to eliminate the identified violations by September 7, 2012.

Deputy Chairman of the Commission

Members of the Commission:

Prescription

on consideration of complaint No. 144 on violation of the law

when placing an order

The Commission of the Trans-Baikal OFAS of Russia for control in the field of placing orders, having considered and acknowledging as justified the complaint of the individual entrepreneur received on August 24, 2012 about violation of the requirements of the Federal Law No. 94-FZ of July 21, 2005 and municipal needs "by the state customer - the Office of the Judicial Department in the Trans-Baikal Territory during an open auction in electronic form for the right to conclude a state contract for the supply of computer equipment (register No. 0391100017712000095),

prescribes:

To the state customer - the Office of the Judicial Department in the Trans-Baikal Territory until September 07, 2012:

1. To cancel the protocol of consideration of the second parts of applications for participation in an open auction dated 21.08.2012 No. 47.1, drawn up during the placement of the state order (protocol of summing up the results of the auction dated 21.08.2012 No. 0391100017712000095-3).

2. To re-consider the second parts of applications for participation in an open auction in electronic form, taking into account the application of IE Ch.

4. Submit copies of documents confirming the fulfillment of this order to the Zabaikalskoe OFAS Russia by September 10, 2012.

The order can be appealed to the Arbitration Court of the Trans-Baikal Territory within three months from the date of its issuance.

Responsibility for failure to comply with the order is provided for by part 7 of article 19.5 of the Code of Administrative Offenses of the Russian Federation.

Deputy Chairman of the Commission:

Members of the Commission:

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on consideration of complaint No. 144

on violation of the law when placing an order

The Commission of the Trans-Baikal OFAS Russia for control in the field of placing orders, having considered the complaint of an individual entrepreneur received on August 24, 2012, regarding violation of the requirements of the Federal Law of July 21, 2005 No. 94-FZ "On placing orders for the supply of goods, performance of work, provision of services for state and municipal needs "by the state customer - the Office of the Judicial Department in the Trans-Baikal Territory when holding an open auction in electronic form for the right to conclude a state contract for the supply of computer equipment (register No. 0391100017712000095),

in the presence of: the customer's representative, the applicant's representative,

INSTALLED:

It follows from the essence of the complaint that the applicant submitted an application for participation in an open auction, which, when considering the second part, was rejected by the customer due to the absence of an attachment in its composition of the decision to approve a major transaction. The applicant considers it unnecessary to require this document in the bids of the participants in the open auction - individual entrepreneurs. Asks to declare the complaint justified, issue an order to cancel the protocol of consideration of the second parts of applications for participation in an open auction in electronic form dated 21.08.2012 No. 47.1

The customer's representative disagrees with the applicant's arguments, explaining the following.

The customer's representative considers the rejection of the IP application to be in accordance with the Law on Placing Orders, asks to declare the complaint unfounded.

In accordance with clause 4 of part 1 of the auction documentation, as part of the second part of the application, the participant of the open auction must submit in electronic form a decision to approve or to conclude a major transaction or a copy of such a decision if the requirement for the need for such a decision to complete a major transaction is established the legislation of the Russian Federation and (or) the constituent documents of the legal entity and if for the participant in the placement of the order for the supply of goods, the performance of work, the provision of services that are the subject of the contract, or the deposit of funds as security for the application for participation in an open auction, the enforcement of the contract is a major transaction ... The provision of this decision is not required if the initial (maximum) price of the contract does not exceed the maximum transaction amount provided for by the decision on the approval or execution of transactions provided for the accreditation of the participant in the placement of the order on the electronic platform.

At the time of consideration of the IP complaint, the order is at the stage of signing a state contract.

Having considered the submitted documents, having heard the explanations of the parties, the Commission came to the following conclusions.

R E W I L A:

1.The individual entrepreneur's complaint should be recognized as justified.

2. To recognize the state customer - the Office of the Judicial Department in the Trans-Baikal Territory, in violation of part 7 of article 41.11 of the Law on placing orders.

3. Issue to the state customer - the Office of the Judicial Department in the Trans-Baikal Territory, an order to eliminate the identified violations by September 7, 2012.

Deputy Chairman of the Commission

Members of the Commission:

Prescription

on consideration of complaint No. 144 on violation of the law

when placing an order

The Commission of the Trans-Baikal OFAS Russia for control in the field of placing orders, having considered and acknowledging as justified the complaint received by the individual entrepreneur on August 24, 2012 for violation of the requirements of the Federal Law of July 21, 2005 No. 94-FZ "On placing orders for the supply of goods, performance of work, provision of services for state and municipal needs "by the state customer - the Office of the Judicial Department in the Trans-Baikal Territory when holding an open auction in electronic form for the right to conclude a state contract for the supply of computer equipment (register No. 0391100017712000095),

prescribes:

To the state customer - the Office of the Judicial Department in the Trans-Baikal Territory until September 07, 2012:

2. To re-consider the second parts of applications for participation in an open auction in electronic form, taking into account the application of IE Ch.

4. Submit copies of documents confirming the fulfillment of this order to the Zabaikalskoe OFAS Russia by September 10, 2012.

The order can be appealed to the Arbitration Court of the Trans-Baikal Territory within three months from the date of its issuance.

Responsibility for failure to comply with the order is provided for by part 7 of article 19.5 of the Code of Administrative Offenses of the Russian Federation.

Deputy Chairman of the Commission:

Members of the Commission:

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