REGISTRATION : The user interested in participating in the sales proposed on the website www.doauction.com will have to register following the procedure on the home page, entering all the required information and the required documentation. Once the registration process has ended, the system will send a mail to the user at the provided email address containing a link for activating the profile. By signing up you agree to the general conditions of service and the processing of personal data by Edicom Servizi Srl.
BUSTA / TELEMATIC OFFER : For sales of real estate executions and court proceedings (if executed by the court in accordance with the provisions of the civil code foreseen for enforced execution), the user to participate in the sale will have to deposit an offer in an enclosed envelope via telematics. The offer for telematic sale is compiled and encrypted using software provided by the Ministry (not yet available) in the form of a computer document without active elements. For more information, please refer to the "Rules governing technical and operating rules for the sale of movable and immovable property through telematic modalities" on the following link .
Synchronous sale : the manner in which the envelope or the race in the sale of the real estate without enchantment where the rebates are formulated solely via telematics in the same unit of time and with the simultaneous connection of the judge or the referent of the procedure (delegate professional) all bidders;
Mixed synchronous sale : the manner in which the envelope or the race is carried out in the unconditional real estate sale in which the rebates can be formulated, in the same unit of time, either by telematics or by appearing before the judge or the referent of the procedure (delegate professional) ;
Asynchronous sale : the manner in which the race is conducted in the unconditional real estate sale where the rebates are formulated exclusively via telematics within a predetermined timeframe and without the simultaneous connection of the judge or processor (delegate professional).
NB: To date, in order to be able to experiment with telematic sales for real estate executions, the technical specifications expected from the DIGIA will be announced regarding the interoperability of the operator's console with the ministerial software for the drafting of encrypted bids, interoperability with the public sales portal and the references of the certified electronic mail service provider for the sale of telematics registered in accordance with Article 13, paragraph 4.
REGISTRATION : The user interested in participating in the sales proposed on the website www.doauction.com will have to register following the procedure on the home page, entering all the required information and the required documentation. Once the registration process has ended, the system will send a mail to the user at the provided email address containing a link for activating the profile. By signing up you agree to the general conditions of service and the processing of personal data by Edicom Servizi Srl.
SUBSCRIPTION : (participation without telematic envelope): in order to participate in an asynchronous race, the user, after logging in to the portal after registration, must register it with the relevant batch form, deposit the bail (if applicable), by credit card (instant registration) or bank transfer (registration after verification). Once the deposit is verified, you will be able to take part in the competition by entering your offer * and making any re-launches.
* This offer is to be considered irrevocable.
Time Auction : Online Time Sale with variable life with a predetermined auction base. The contestant wins the user who, after the term has entered the system, has bid higher than the auction base;
Flash auction : online 24-hour sales. The contest wins the user who has put the highest bid on the system at the end of the term;
Get immediate : Online sale at a pre-set price, the item or stock is immediately awarded to the user who offers the price indicated by the system;
Free offer : online auction with zero auction base. The contest wins the user who has put the highest bid on the system at the end of the term;
"Extended Auction Auction" : In the case of tenders received within 3 minutes before the final deadline for the completion of the above tender types, the auction will be prolonged for 3 minutes from the time of receipt of the tender 'offer by the system.
Example:
Race Time : 12:00
Extension : 3 minutes
Last Offer : 11:59
New Race Date : 12:02 (11:59 + 3 min)
the commissioner is a specialized private person appointed by the Judge to proceed with the sale of the pirated goods.
According to art. 532 of the Code of Civil Procedure The Judge of the Enforcement provides for the sale without enchantment or through the commission of the foreclosed goods.
Prohibited matters must be entrusted to the Judicial Sales Institution or, with a reasoned decision, to another person specializing in the area of competence listed on the list in Article 169-sexies of the provisions for the implementation of this Code, so that it proceeds for sale as a commission.
[II]. In the same measure referred to in the first paragraph, the judge, having heard, if necessary, an assessor with specific technical and commercial preparation in relation to the peculiarity of the goods, fixes the minimum selling price and the overall amount until the such as the sale must be made, and may impose a security on the commissioner.
The court also fixes the total number of not less than three sales experiments, the criteria for determining its rebates, how to deposit the sum received from the sale and the final deadline of not less than six months and not more than one year at whose expiry the person responsible for the sale must return the documents to the Registry. When acts are returned in accordance with the previous period, the court, if there are no instances under Article 540-bis, provides for early closure of the enforcement process, even where the conditions laid down in Article 164-bis of the implementing provisions of this Code.
'The court also fixes the total number of not less than three sales experiments, the criteria for determining their rebates, the methods of filing the sums earned from the sale and the final deadline not exceeding six months, the expiry date of which the person in charge of the sale must return the documents in the stationery. When acts are returned in accordance with the previous period, the court, if there are no instances under Article 540-bis, provides for early closure of the enforcement process, even where the conditions laid down in Article 164-bis of the implementing provisions of this Code. "
[III]. If the value of the goods results from a stock market or a market price list, the sale can not be made at a price lower than the minimum indicated.
Article. 530, paragraphs VI and VII cpc (introduced by Law No 22 of 22 February 2010), provides that "The executing court may establish that the lodging of the security, the submission of tenders, the performance of the tender between tenderers and the charms in accordance with Articles 532, 534 and 534bis, as well as the payment of the price, are carried out in telematic mode. In any case, the executing court may make the advertising provided for in the second paragraph of Article 490 at least ten days before the expiry of the time limit for the submission of tenders or the date of the envelope "
The provision contained in art. 532, para. Cpc, to another person specialized in the area of competence to proceed with the sale as a commission , leads to the following conclusion: commissioner may be a stock market operator, a mediator registered in albi or roles, the judicial officer , IVG, and in any case a private entity authorized by the judicial authority to carry out an activity which, while also responding to public interest, is of a business character in the juridical sense.
Article 169 sexies d.att cpc with each court establishes a list of specialized subjects referred to in Article 532 of the Code for the Custody and Sale of Attacked Furniture.
REGISTRATION : The user interested in participating in the sales proposed on the website www.doauction.com will have to register following the procedure on the home page, entering all the required information and the required documentation. Once the registration process has ended, the system will send a mail to the user at the provided email address containing a link for activating the profile. By signing up you agree to the general conditions of service and the processing of personal data by Edicom Servizi Srl.
SUBSCRIPTION : In order to participate in a competitive computerized procedure, the user, after logging in to the portal after registration, will have to register with the relevant batch form, by submitting the required security deposit credit (instant registration) or bank transfer (registration following verification). Once the deposit is verified, you will be able to take part in the competition by entering your offer * and making any re-launches.
* This offer is to be considered irrevocable.
BUSTA / TELEMATIC OFFER: As an alternative to the registration process, if the sales order is ordered by the user, you must submit a bid in a closed envelope via telematics . The offer for telemarketing is written using the wizard on the detailed form of the sale item.
Direct sale : Live sales in synchronous mode, which is experienced on a date and time set at the same time among all bidders.
Live Auction : Synchronous sale where online bidders raise in real time with the participants in the hall.
Time Auction : Online Time Sale with variable life with a predetermined auction base. The contestant wins the user who, after the term has entered the system, has bid higher than the auction base;
Demonstration of interest : sale with the form of "invitation to offer". Goods or stocks put up for sale through such a mode give an indicative estimate value. Users may enter a binding purchase proposal, even lower than the indicative estimate price, within the expiry of the deadline set by the system, which will subsequently be evaluated by the relevant authorities (Judicial Authority, Curator, Commissioner, etc.);
Competitive bidding : Assets or stocks put up for sale through this mode give an indicative estimate value. Users can enter a binding purchase proposal and make revocations within the deadline of the deadline set by the system. Subsequently, the received tenders will be evaluated by the competent bodies (Judicial Authority, Curator, Commissionary, etc.). Following the evaluation can be awarded the goods or fixed a race on time starting from a Base Auction Price equal to the best offer received;
"Auction with extension" means : In the case of tenders received within 3 minutes before the final deadline for the completion of the types of tenders listed above, auction or tender will be extended for 3 minutes from 'timetable for receiving the offer from the system.
Example:
Race Time : 12:00
Extension : 3 minutes
Last Offer : 11:59
New Race Date : 12:02 (11:59 + 3 min)
pursuant to art. 107 bankruptcy law "Sales and other winding-up proceedings carried out in execution of the winding-up program are carried out by the trustee through competitive procedures, including by specialists, on the basis of estimates made, except in the case of goods of a modest value , by experienced operators, ensuring, with adequate forms of advertising, the maximum information and participation of the interested parties. "
In the winding-up program the curator must indicate for each good or type of goods, the modalities and the times of sale. In order to arrive at a timely identification of the characteristics of the "competitive procedures" to be implemented, it is a primary requirement to provide suitable qualification tools, considering only those process mechanisms that are aimed at obtaining the best possible results, as soon as possible, with as much transparency as possible.
In keeping with the foregoing considerations, together with the reading of some of the basic rules contained in art.105 et seq. LF and in the absence of a specific regulatory provision, "competitive sales" can reasonably qualify as such when they provide a total of:
An incremental offer system;
Adequate advertising and absolute end-process transparency obtained by communicating to the parties;
Tenderer's predefined and non-discretionary selection rules;
Complete and total accessibility to all concerned operators
