The people's court shall allow the parties and other enforcement creditors to apply for non-evaluation.
When evaluating the equity of the person subjected to execution, the people's court may order the relevant enterprises to provide accounting statements and other materials; If the relevant enterprise refuses to provide it, it can be forcibly extracted. Article 5 The reserve price shall be determined in an auction.
If the auction property is evaluated, the evaluation price is the reserve price of the first auction; If it is not evaluated, the reserve price shall be determined by the people's court with reference to the market price, and the opinions of the parties concerned shall be solicited.
If there is an auction target, the reserve price may be reduced as appropriate when the auction is held again, but the amount reduced each time shall not exceed 20% of the previous reserve price. Article 6 After the reserve price is determined, according to the reserve price of this auction, if the proceeds from the auction have no possibility of remaining after paying off the priority creditor's rights and execution expenses, the applicant shall be informed of the relevant situation before the auction is implemented. If the executor applies to continue the auction within five days after receiving the notice, the people's court shall allow it, but the reserve price shall be re-determined; The re-determined reserve price shall be greater than the total amount of priority creditor's rights and execution expenses.
In accordance with the provisions of the preceding paragraph, the auction fees shall be borne by the applicant. Article 7 The executor shall make necessary investigations on the ownership, possession and use of the auction property, make a record of the investigation on the current situation of the auction property or collect other relevant information. Article 8 An auction shall be announced in advance.
Auction of movable property shall be announced seven days before the auction; Auction of real estate or other property rights shall be announced fifteen days before the auction. Article 9 The scope and media of auction announcement shall be determined by both parties through consultation; If negotiation fails, the people's court shall make a judgment. If the auction property has professional attributes, it shall be announced in professional newspapers at the same time.
If a party applies to publish an announcement in other news media or requests to expand the scope of the announcement, it shall be allowed, but the expenses for this part of the announcement shall be borne by itself. Article 10 When auctioning immovable property, other property rights or movable property with high value, the bidder shall pay a deposit in advance to the people's court before the auction. If the applicant for enforcement participates in the bidding, the deposit may not be paid in advance. The amount of the deposit shall be determined by the people's court, but it shall not be less than 5% of the evaluation price or market price.
Those who should pay the deposit in advance and fail to pay it shall not participate in the bidding. After the auction is completed, the deposit paid in advance by the buyer will offset the price, and the deposit paid in advance by other bidders will be refunded within three days; If the auction is not completed, the deposit shall be returned to the bidder within three days. Article 11 The people's court shall, five days before the auction, notify the parties concerned and the known holders of security interests, preemptive rights or other priority persons to be present in writing or in other appropriate ways that can confirm receipt.
If the preemptive right holder is not present after the notice, it shall be deemed as giving up the preemptive right. Article 12 Where laws and administrative regulations have special provisions on the qualifications or conditions of the buyer, the bidder shall have the prescribed qualifications or conditions.
The application executor and the person subjected to execution may participate in the bidding. Thirteenth in the auction process, when there is the highest bid, the preemptive right holder can say that the highest bid should be purchased and accepted; If there is no higher bid, it shall be recovered to the preemptive right holder; If there is a higher bid, but the preemptive right holder does not express it, it will be auctioned to the bidder with the highest bid.
If multiple preemptive rights holders in the same order express their acceptance at the same time, the buyer shall be determined by drawing lots. Article 14 When auctioning multiple properties, if the sale price of some properties is enough to pay off debts and pay the expenses that the person subjected to execution should bear, the auction of the remaining properties shall be stopped, unless the person subjected to execution agrees to auction them all. Fifteenth auction of multiple properties in the use of inseparable, or separate auction may seriously reduce its value, should be combined auction. Article 16 If there is no bidder in the auction or the highest bid price of the bidder is lower than the reserve price, if the application executor or other enforcement creditors present at the auction apply for or agree to accept the auction property at the reserve price determined at the auction, they shall hand over the property to them to pay off their debts.
If more than two executing creditors apply for auction of property to pay off debts, the creditor with the first legal repayment order will be given priority; If the repayment order is the same, the beneficiary shall be determined by drawing lots. If the amount of creditor's rights payable by the debtor is lower than the price of the collateral, the people's court shall order it to make up the difference within a time limit. Seventeenth before the start of the auction, the people's court shall withdraw the auction commission under any of the following circumstances:
(1) The effective legal document based on which it was executed has been revoked;
(two) the application executor and other enforcement creditors withdraw the application for enforcement;
(3) The person subjected to execution has fully fulfilled the monetary debts determined by legal documents;
(four) the parties have reached a settlement agreement, there is no need to auction the property;
(five) the outsider raised legitimate objections to the auction property;
(6) The auction institution colludes with the bidder in bad faith;
(seven) other circumstances in which the auction commission should be revoked.