Podgorica Alüminyum Fabrikasının Menkül Satışı (İflas Masasından)

Transcription

1 Podgorica Alüminyum Fabrikasının Menkül Satışı (İflas Masasından) Satışa Sunulacak Mal ve Değeri Podgorica Belediyesinde bulunan Alüminyum Fabrikasının (KAP) kapalı zarf teklifi usulü yolu ile satışı 1. Alüminyum üretim ve işleme tesisleri, idari binalar, kırımızı çamur havuzu, taşınır mallar, arsa, Bar Belediyesinde yeniden yükleme için arsa, vs. Tahmini değer: ,00 Euro. 2. Danilovgrad Belediyesinde arsa. Tahmini değer: ,00 Euro. 3. Podgorica Belediyesinde, Zabiyelo yerinde arsa. Tahmini değer: ,00 Euro. 4. Podgorica da işyerleri. Tahmini değer: ,00 Euro. 5. Podgorica merkezinde inşaat arsaları. Tahmini değer: ,00 Euro. Toplam Tahmini Değer Diğer Bilgiler İhale Tarihi (Tekliflerin Gönderilmesi İçin Son Tarih) İrtibat Kişi KAP ın tüm mal varlığının toplam tahmini değeri ,00 Euro dur. Tahmini değer, bağlayıcı değildir fakat kabül edilen minimum fiyat da değildir. (Örneğin: Muhammen bedel 52 milyon Euro olmasına rağmen bu bedelin altında da teklif verilebilir. Seçimde en yüksek fiyatı veren ve koşulları sağlayan firma/kişi tercih edilecektir.) Aynı zamanda verilen fiyat teklifleri de bağlayıcı değildir.ticaret Mahkemesinin teklifi kabül etme zorunluluğu yoktur. Teklif mülkiyetin tümü veya yukarıdaki gruplara ayrılan menküller için verilebilir. Teklif verenin metalurji sektöründen olması tercih nedenidir saat 16:00 Veselin Perişiç - İflas Masası Müdürü Cep: Ofis:

2 UNOFFICIAL TRANSLATION Pursuant to the Article 135 of the Law on Insolvency (Official Gazette of MN, no1/11), the bankruptcy administrator of the Kombinat Aluminijuma Podgorica AD in Bankruptcy, upon the viability assessment of the sale of the bankruptcy debtor as of a legal entity, respectively of the entire property of the bankruptcy debtor, in respect to a partial sale of the bankruptcy debtor s property, is timely N O T I F Y I N G the bankruptcy judge, creditor committee, all creditors and all persons possessing the right of pledge, title or interest in the subject property or any other rights, of the intent to sell the property of the Kombinat Aluminijuma Podgorica AD in Bankruptcy and simultaneously pursuant to the Articles 134 and 136 of the Law on Insolvency is announcing Sale subject THE ANNOUNCEMENT FOR COLLECTION OF BIDS FOR PURCHASE OF PROPERTY OF KOMBINAT ALUMINIJUMA PODGORICA AD IN BANKRUPTCY Sale subject is immovable and movable property of Kombinat Aluminijuma Podgorica AD in Bankruptcy. Place and address where the property is located and detailed description of the sale property 1. Buildings with land registered in the Title Deed no 159 Cadastral Municipality Botun Podgorica Municipality, in scope of rights registered in the before mentioned Title Deed, which includes facilities of the Alumina Plant together with accompanying infrastructure, which are: bauxite unloading facility, bauxite crushing facility, bauxite grinding facility, lime dosing facility, facilities for series of bauxite digestion, sodium-sulfide dosing facility, red mud settling and washing facilities, facilities for red mud evacuation to the red mud pond, caustification plant, red mud filtration facility, red filtration facility Kelly filter, facilities for first level of white filtration, precipitation facilities, evaporation facilities, facilities for second level of white filtration, alumina calcination facilities, facilities for storage of hydrated and calcined alumina, steam plant facilities, compressed air facilities, fuel oil storage facility, caustic soda storage facility, water supply facilities with related infrastructure, drinking and industrial water basins, part of the red mud pond, administrative building of the Alumina Plant, central power distribution facilities (rectify station) with belonging substations by plants. 2.Red mud pond ( A and B ) together with land under the pond registered in the Title Deed no. 159 Cadastral Municipality Botun and no 113 Cadastral Municipality Cijevna, Podgorica Municipality. 3.Buildings with accompanying infrastructure and land registered in the Title Deed no 335 Cadastral Municipality Dajbabe, Podgorica Municipality, in scope of rights registered in the mentioned Title Deed, which are the following: Plant for anode production together with coke warehouse and facility for anode rods and stubs reparation, administrative building for Anodes, Electrolysis plant electrolysis halls with accompanying equipment and maintenance workshops, administrative building of Electrolysis, facility for cleaning casting pots annex with infrastructure, Casting Plant with accompanying maintenance workshops, compressed air facility, facilities of the Silumini plant with accompanying maintenance workshops and infrastructure, quantometer facility, facilities of entrance guardhouse with parking space and auxiliary entrance gate, facilities of the former Aluminium Research and Development Institute and three buildings of art colony.

3 4.Buildings and land registered in the Title Deed no 159 Cadastral Municipality Botun, buildings with land registered in the Title Deed no 342 Cadastral Municipality Botun, buildings with land registered in the Title Deed no 397 Cadastral Municipality Botun, buildings with land registered in the Title Deed no 441 Cadastral Municipality Botun, Podgorica Municipality, all in scope of rights registered in the before mentioned title deeds, which include KAP Administrative building, ambulance building, Transport Administration building, building of the Center for Work Safety, storehouse C1, Quality Control facilities, facilities of the Restaurant Center and central archive, workshop facilities: service for transportation means, mechanical workshop, electro-workshop, MRT-workshop and construction workshop, central storehouse, storehouse for raw materials and fire-persistent material, storehouse C2, personal protective equipment storehouse, Fire Service facilities, parking area and garages, Solid Waste Deposit with accompanying facilities and main gate facility. 5. Production plants, equipment and devices, transportation means and other movable property that existed on the date of sale of the bankruptcy debtor. 6. Buildings with facilities for reloading and storage of alumina and for reloading and storage of soda, registered in the cadastral plot no 6478 and cadastral plot no 6502/1 Title Deed no 2349 Cadastral Municipality Novi Bar, Bar Municipality, in scope of rights registered in the mentioned Title Deed. Buildings inside Kombinat aluminijuma are fenced and connected by infrastructure and service roads and Kombinat aluminijuma is connected by road with the main magistral road and railway track which was built by KAP funds, connecting Kombinat aluminijuma with railway infrastructure of Montenegro. The property for sale is technologically and functionally connected and is intended for aluminium production activities. Assessed value of the property described under the points 1, 2, 3, 4, 5 and 6 herein amounts to: 50,510, Euro. 7. Land of 54,507 m2 ( together with land above ruined buildings), registered in the Title Deed no547 Cadastral Municipality Spuž, Danilovgrad Municipality, cadastral plots no 242 and no 335/2, in scope of rights as registered in the before stated Title Deed. Assessed value of the immovable property described under the point 7 herein: 272, Euro. 8.Buisness premises located in the settlement Zabjelo in Podgorica, in the building no 1, cadastral plot no 4900, registered in the Title Deed no 728 Cadastral Municipality Podgorica III, registered in cadastre as separate parts: PD 46 square area of 41 m2, PD 47 square area of 75 m2, PD 48 square area of 80 m2, PD 49 square area of 90 m2, PD 279 square area of 48 m2, PD 280 square area of 105 m2, PD 281 square area of 25 m2, PD 285 square area of 137 m2, and PD 286 square area of 147 m2. Assessed value of business premises described in the point 8 herein amounts to: 206, Euro. 9.Business premises located in the settlement Drpe Mandića, str. Bratstva i jedinstva in Podgorica, in the building no 1., registered in the cadastral plot no 4313 of the Title Deed no 5702 Cadastral Municipality Podgorica III, registered in cadastre as separate parts: PD 414 square area of 16 m2, PD 415 square area of 99 m2, PD 416 square area of 99 m2, PD 417 square area of 33 m2, PD 418 square area of 98 m2, PD 419 square area of 33 m2, PD 420 square area of 33 m2, PD 421 square area of 34 m2, PD 422 square area of 34 m2, PD 423 square area of 33 m2 and PD 424 square area of 50 m2.

4 Assessed value of business premises described in the point 9 herein amounts to: 295, Euro. 10.Urban construction land located in close vicinity to the mall Gintaš in Podgorica, distanced around 400 m from the town center, registered in the Title Deed 7523 Cadastral Municipality Podgorica III, with square area of 4,760 m2, and urban construction land at the same location registered in the Title Deed 752 Cadastral Municipality III, with square area of 511 m2. Assessed value of the land described in the point 10 herein amounts to: 1,186, Euro. Assessed value of the total property Assessed value of the entire property of the bankruptcy debtor amounts to 52,469, Euro. The assessed value is not minimum acceptable value, nor obliging or committing for the bidder in determining the amount of offered purchase price. Method of sale Sale of property of the bankruptcy debtor in accordance with this announcement shall be conducted by a public collection of written bids. The property shall be sold as it is, without warranties to the buyer and without buyer s righted to subsequent objections and reclamations and the bankruptcy administrator is not liable for any property shortcomings determined by the buyer upon the executed sale and purchase. Conditions for submission of bids All legal and physical entities, which according to the positive regulations of Montenegro are entitled to purchase subject immovable property, shall have the right to submit bids. Persons interested to submit bids are obliged to: deliver a written bid in Montenegrin in a closed and sealed envelope before and including 8 January 2014 until 16:00 hours to the address: COMMERCIAL COURT /PRIVREDNI SUD/ in Podgorica, str. IV proleterske br.2, Podgorica, with label BID FOR PURCHASE OF PROPERTY OF KOMBINAT ALUMINIJUMA PODGORICA AD IN BANKRUPTCY NO 199/13 - DO NOT OPEN BEFORE THE PUBLIC OPENING. The bid is to contain the following data: - full name, registered seat and address of the legal entity, activity conducted by the legal entity, references of the legal entity, or if the bid is submitted by a physical entity full name and surname, residence address, unique personal identification number and identity card or passport number, - signature of the authorized person and company seal on the bid, evidence that this is an authorized person or sub-signature of the physical person if the bid is submitted by a physical person, and evidence on identity of physical person (identity card or passport), -property that the purchase is being offered and amount of the offered sale-purchase price, -account number whereto the return of deposit is to be made in case that the bid is not accepted, and -precise instructions for return of deposit funds in case of a foreign person. The bid is to contain the following appendices: - excerpt from the register of authorized body where the legal entity that is submitting the bid is registered,

5 - authorization for representation at the public bid opening (for legal entities), - evidence on payment of obligatory deposit, - statement accepting the terms defined herein, - statement that the right to return deposit is lost in case that the entity submitting the bid fails to participate at the public bid opening, fails to sign the minutes from the public bid opening, fails as the winning buyer to sign the sale purchase agreement within the deadline prescribed by the announcement or fails to pay the sale-purchase price, or in case that the winning buyer withdraws itself, fails as the second the most favorable bidder to sign the sale purchase agreement within the deadline prescribed by the announcement or fails to pay the sale-purchase price. The buyer may deliver the bid, which is to be considered, for purchase of total property or for purchase of certain property segments. Obligatory payment of deposit Persons that have submitted bids for purchase of entire property are obliged to pay deposit in the amount of 1,000, Euro, and persons that have submitted bids for purchase of certain property segments are obliged to pay deposit in the amount of 10% of the assessed value of property segments that the bid has been submitted for, whereby the deposit may not exceed the amount of 1,000,000.00, to the following: a) temporary account of the Commercial Court in Podgorica number with Podgorička bank - Societe Generale Group in Podgorica, for domestic legal and physical entities or to: b) foreign currency giro-account for foreign legal and physical entities, as follows: (Intermediary) SOGEFRPP Societe Generale-Paris (Account with Inst) PDBPMEPG Podgorička banka Societe General Group AD Podgorica (Beneficiary) PRIVREDNI SUD PODGORICA ME PODGORICA MONTENEGRO It shall be deemed that conditions for public bid opening are fulfilled if one bid has been received within the deadline prescribed by the announcement and if on the date of public bid opening at least one person participates to the public bid opening. Invalid bids The following shall be deemed as invalid bids: - bids not received within the deadline prescribed herein, - bids that do not contain all elements envisaged herein, - bids that do not contain clearly specified property for whose purchase the bid has been submitted, sale purchase price, or are referring to another bid or conditions not envisaged herein, - bids not delivered to the specified address or in a closed envelope, and - bids without enclosed appendices envisaged herein. Invalid bids shall not be taken into consideration.

6 Date, time and place of the public bid opening Public bid opening shall take place on the date 10 January 2014 at 11:00 hours at the Commercial Court in Podgorica, street IV proleterske, no 2, office no 1. Procedure of public bid opening Procedure of public bid opening shall be conducted by a commission appointed by the bankruptcy administrator, who is at the same time the chairman of the commission, with presence of bidders representatives. If an authorized person of legal entity as of the bidder is present at the public bid opening, such person is required to present an original duly certified power of attorney for representation and evidence on identity (valid identity card or passport). If a physical person is present as a bidder, it is compulsory that it presents evidence on identity (valid identity cart or passport). The commission shall conduct the public bid opening in the following manner: - at the time and at the place scheduled for public bid opening it shall announce commencement of the procedure of public bid opening, - shall nominate a person responsible for keeping the minutes on the procedure of public bid opening, - shall note received bids in respect to the order of their arrival, - shall determine whether the bids are received on time, complete and whether the bids contain all appendices envisaged by the announcement, - shall state the amount of offered sale purchase price and other bid elements, - shall note persons or their authorized representatives present at the public bid opening, - shall keep order at the public bid opening, - shall announce the bid that contains the most favorable conditions and the most favorable sale purchase price, and - shall sign the minutes. Selection of the most favorable bidder and announcement of the buyer Pursuant to the minutes of the Commission, the bankruptcy administration shall within 8 days decide on selection of the most favorable bidder and announce the buyer. In case that one bidder submitted the bid, the bankruptcy administrator may decide to announce such person as the buyer. In case that more persons submitted the bids, priority shall be given to the person that has offered to purchase entire property. In case that more persons submitted bids with the same amount of the highest offered sale purchase price, priority shall be given to the bid submitted by a reputable producer engaged in activities of mining-metallurgy sector without negative reputation in privatization of business organizations in mining-metallurgy sector, with the most favorable short-term, medium-term and long-term plan for development of the Plant, higher revenues for KAP and statement on take over of KAP employees. In case that the buyer gives up from purchase of property, the bankruptcy administrator may declare the second-ranked most favorable bidder as the buyer. Bids of the public tender participants are not binding, which means that the bankruptcy administrator keeps the right not to announce the buyer on the basis of this announcement, without being responsible for consequences in such regard. Should the bankruptcy administrator announce the buyer, other bidders shall be informed thereof within 3 business days after the date of announcing the buyer.

7 Minutes on the public bid opening Minutes shall be kept on the process of public bid opening containing: the date, time and place of the public bid opening, time when the public bid opening started, note on the received bids and their timely receipt and regularity, note on persons and their authorized representatives who were present at the public bid opening, course of the procedure, possible objections, offered amounts of sale purchase price and other bid elements, data on the most favorable bidder, time when the public bidding closed, name and surname of the Bankruptcy Administrator and of the members of the Commission for implementation of the procedure of public bid opening and of the keeper of the minutes. The minutes shall be signed by the Bankruptcy Administrator, members of the Commission, present representatives of bidders and Keeper of the Minutes. Signing the sale purchase agreement and buyer s obligations The buyer is obliged to sign the sale purchase agreement within 10 days, but not later than 15 days, upon the date of announcement of the buyer. The buyer is also obliged to pay costs for prescribed taxes, costs for notary registration and certification, as well as all other costs arising on the basis of sale purchase agreement. Buyer s right After the buyer pays the full sale purchase price, property right over the purchased property shall be transferred to the buyer. Right for return of deposit The Bankruptcy Administrator shall without any delay and no later than within 2 days upon the date of buyer announcement return deposits to each bidder whose bid was not accepted. Declaring public sale as unsuccessful If within the prescribed deadline no bid for purchase of entire property of the bankruptcy debtor has arrived, the public sale shall be declared as unsuccessful. Data on the time and place for visit to the property Interested parties may, if previously scheduled, view the property of the bankruptcy debtor and have direct access to the title deeds and inventory lists, every business day from 08:00 until 14:00 hours, starting from the date when the announcement is published until the date of its closing. Duration of the announcement The announcement shall be open for 30 days upon the date of its publishing in daily newspapers Pobjeda and Vijesti. The announcement is also published at the web site of Kombinat Aluminijuma Podgorica AD in Bankruptcy: Information Closer information on terms and subject of sale could be obtained at the premises of the Bankruptcy Administrator every business day from 10:00 14:00 hours or by telephone: (0) Bankruptcy Administrator, Veselin Perišić