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Competition for best offer

ORGANIZATION, TERMS AND CONDITIONS OF REAL ESTATE SALES

The invitation to tender and negotiations

A. Course offered for sale.
The invitation to tender and negotiations concerns the disposal of the shareholders and the KUPCY DOMINIKAŃSCY spółka z o.o. in Gdansk: shares in the amount of 388 114 in the company that owns: the right ownership of the land with registration numbers; No. 48/4, 48/9, 48.8 with the total area of 0.4468 ha, for which the District Court Gdańsk-North in Gdańsk runs mortgage register No: GD1G/00218321/0 and GD1G/00055878, shut by the historic building with commercial area of 1,720 square meters,listed in the register of historical monuments, located at Plac Dominikański 1.

The company invites you to submit final offers for the purchase of shares described above.

B. The process of shares sales
Sale of shares pursuant to a written tender will be conducted according to the following steps:

I step – the Management Board produces information materials from 15 August to 30 November 2016, then shares with buyers the Information Memorandum. containing basic information on the company sold. The Memorandum will be available after the signing and submission of a confidentiality declaration and payment of a fee in the amount of 500.00 PLN (five hundred PLN). Payment for the Memorandum should be made to the company’s bank: Bank of Environmental Protection, account number: 77 1540 1098 2001 5562 9373 0001

Step II – research of the Company and submission of final offers by buyers purchase shares and pay a security deposit in the amount of 100 000 zł in the period to 30 December 2016. Offers should include: 1. the purchase price, 2. information about the form and terms of payment and payments security, 3. date of the bid until 30 December 2016. 4. a description that contains the characteristics of the tenderer 5. originals or notarised certified copies from KRS or excerpt from the business register or a copy of the identity card if the tenderer is not a business entity 6. written power of attorney with notarized signature if the offer is not signed by the person entered in / in the documents – should be submitted to the secretariat of the company until 30 December 2016 to 12.00 PM. The condition of validity of tenders is to pay a deposit of EUR 100 000.00 PLN (one hundred thousand PLN) in the period until 30 December 2016.

Step III – the tender by the Company management until January 16, 2017 and inform the bidders about the tender results within 15 working days.

Step IV – concluding contracts for the sale of shares

Documents describing the investor:

National:

  • basic data about the investor and his activity with documents confirming these data: agreement / articles of association, the current copy of the National Court Register, the certificate of registration in the business register, certificate from the IRS about the lack of tax arrears certificate from ZUS about the lack of arrears,
  • description of experience in the industry, to which the investor
  • the list of persons authorized to act on behalf of the Investor (original extended powers of attorney)
  • other relevant information by submitting an offer,
  • names and phone numbers of people with whom to contact in case of complex documents.
  • the proposed purchase price

Foreign:

The condition of admission the declarations and documents describing the investor is to submit in Polish language the following documents:

  • basic data about the investor and of his operation together with documents confirming the above data, as in the case of domestic entities issued by the competent institutions in the country,
  • description of experience in the industry, to which the investor
  • names and phone numbers of people with whom to contact in case of complex documents,
  • the list of persons authorized to act on behalf of the Investor (original extended powers of attorney)
  • the proposed purchase price,
  • other relevant information by submitting the offer.

Documents submitted by the Investor shall be signed by the person (s) authorized to represent the investor.

  • Offer to purchase, along with documents describing the investor and confirmation of payment of the deposit must be made at:
  • Kupcy Dominikańscy sp. z o.o., 80-844 Gdańsk, Plac Dominikański between 9.00AM and 3PM Polish time, tel. (+ 48 / 58- 320-29-28)

The documents should be submitted in sealed envelopes marked as “offer to purchase”.

Filing and way to prepare the final offer by the potential buyers.

The offer to purchase the property should be written in Polish or foreign original with translation into Polish by a sworn translator and signed by the person (s) authorized to represent the entity submitting the offer.

The Management Board of Company reserves the law to obtain clarification about the content of submitted offers, and other information necessary for their evaluation. The Management Company reserves the right to free choice of subjects with whom they negotiate, withdraw from negotiations without giving a reason and the ability to change the rules and procedures of the negotiations.

C. Place negotiations
Negotiations will be held at the headquarters of the Vendor.

D. Requirements for joining the negotiations.
The negotiations may participate domestic and foreign entities or group of entities. In the event of the accession negotiations to the group of entities required to identify natural or legal person which is representative of these entities.

E. Action by the Plenipotentiary.
National and foreign entities or groups of entities can negotiate by proxy.
A person acting as a proxy must submit a written power of attorney issued by the Investor – notarized (translated into Polish by a sworn translator), comprising:

  • information about the proxy: name, company name, NIP, REGON,
  • information about the investor – similarly as in the above paragraphs,
  • scope of authorization,
  • expiry date of the power of attorney. Number of representatives appointed by the Investor is unlimited.

F. Form of payment for the shares.
Fixed amount to purchase 100% of the shares will be paid by the bidder deposit account notary and he will be paid to shareholders of the Company at the conclusion of their contracts for the sale of shares.

The Management Company reserves the right to choose the notary. The share purchase agreement will be included in the Company’s headquarters. All the costs of concluding contracts for the sale of shares charged to the purchaser.

G. Return of deposit.
Following the conclusion by the bidder 100% share sale agreements the Company’s management will return the deposit in full, without interest. The bid security will be forfeited if:

  • non-payment by the bidder deposit to the account of a notary,
  • not join the tenderer to conclude sales contracts

Aerial view of Gdańska Hala Targowa

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