SPECIFIC TERMS AND CONDITIONS
FOR COMPLETE REGULATION, CONSULT SALE NOTICE PRESENT IN 'ATTACHED' SECTION
Gathering timing
Starts :
Fri 16/12/2022 at 12:00
Ends :
Tue 07/02/2023 at 12:00
Viewing conditions:
All lots viewings must be booked. Please contact:
[email protected] – tel +39.0737.782080
Deposit
The present gathering is subject to a mandatory deposit of 10% of price offered.
Deposit has to be paid in one of the following ways:
1- Via bank transfer to the following account:
MONTE PASCHI DI SIENA SPA
Agenzia di Fabriano
ABI: 01030
CAB: 21100
CIN: K
IBAN: IT 43 K 01030 21100 000000414486
BIC/SWIFT: PASCITM1K07
assigned to GOBID INTERNATIONAL AUCTION GROUP S.R.L.
Participation Rules:
The gathering will be done using the following modes:
All bidders, except the subjects by law not allowed to take part in the gathering, after having joined the site www.gorealbid.it, will be required to send an irrevocable purchase offer at a free amount, trough compilation of offer form (published online), wich must be send undersigned for acceptance of the conditions proposed, at the following address:
[email protected]
in conjunction with the copy proof of the Bank confirming payment of the warranty deposit required.
Irrevocable purchase offers presenting by potential buyers must be accompanied by payment of securety deposit required, the payment of which will constitute, in itself, a formal commitment to purchase by the underwriter of each offer.
Best offer received at certified email address provided by agent may be used as an auction base price for a competitive sales experiment to be conducted on Platform.
Agent will be responsible for informing all tenderers in any way whether they are or not best bidders when formalizing the above-mentioned irrevocable purchase offer.
Principal reserves, at its sole discretion, the right to accept or not irrevocable purchase offers submitted by potential buyers.
In the event of acceptance of the best offer, Principal will appoint agent at next sale, to be auctioned online on the basis of best offer received and whose specific terms are shown below.
Offers must be submitted in the manner specified in the attached offer form and must contain:
- Identification of contractor, with complete indication of personal details and details of a identity document, specifying of fiscal code and, in the case of physical person married, the matrimonial regime that existed between the two spouses;
- Chamber of Commerce Comany Registration of company or individual company and an identity document of legal representative (for company) or owner (for individual company);
- price offered for building
The potential buyers must agree to terms and conditions of use of the platform and terms and conditions of use of the gathering and of possible subsequent auction, as stated in the present document.
Lots Availability
Any registration related to preemption rights, registration of foreclosures and seizes, or any other tie falling on the lots on sale will be cancelled complying to art. 108 Bankruptcy Law (Legge Fallimentare) once the sale will be completed and the price will be fully collected. Any formalities for cancellation will be on buyer's expenses.
Particular Conditions
According to the art. 105, second paragraph of the Bankruptcy Law, which refers to art. 2556 Civil Code, the sale will be completed by notarial deed at the buyer's expense.
The sale will be subject to the taxes provided for by the relevant law.
Payment deadline
Awarded lots have to be paid in full within 120 days from the provisional awarding.
Buyer's premium due has to be paid within 60 days from awarding.
Fees and expenses related to sale on buyer's expense (law fees, notarial fees, fiscal and non fiscal fees) have to be paid in full within 120 days from the provisional awarding.
Buyer's Premium:
A percentage % charge + VAT will be added to the price of each awarded lot also in case of offers received related to art. 107 L.F (Bankruptcy Law).
The above mentioned percentage charge will be applied according to the modes shown in the following table:
|
DECREASING BUYER'S PREMIUM WITH GRADUAL STAGGERS
|
|
|
From - to
|
€ 0,00
|
€ 15.000.000,00
|
1.5%
|
|
From - to
|
€ 15.000.001,00
|
€ 25.000.000,00
|
1%
|
|
Beyond
|
€ 25.000.000,00
|
|
0.5%
|
|
The calculation base of Buyer's Premium is divided into different staggers each one corresponding to a rate decreasing when staggers increase.
For each awarding price, the corresponding Buyers' Premium will be given by the sum of the commissions calculated on the referring stagger, according to the modes indicated in the table above.
Lot VAT:
sale exempt from VAT pursuant to Article 2, paragraph 3, lett. b of Presidential Decree 633/72
In case of insurgency of any controversy related to the interpretation of the dispositions included in the general and specific terms present in the website translated in different languages, it will be applied the Italian language version of such texts
The real estate units registered on sheet 8, parcels 440 sub 15, 16 and 20 are not part of the lot, because they belong to third parties; 496 sub 3, 5, 11 and 12; 515 sub 17 and 18; 532 sub 3 and 4.
For a more exact identification and description, please refer to the notary certification and the attached technical reports.
The movable property and goodwill better described in the attached appraisal form part of the company offered for sale.
The lot does not include the total shareholding in the share capital of the company Magna Grecia Hotel S.r.l., with headquarters in Sant'Alessio Siculo (ME), Via Nazionale, 421, tax code and VAT number 03201980830 – REA ME220320.
Debts admitted to bankruptcy liabilities and those that may have accrued during the provisional year are excluded.
The resort is open to the public between April and October each year.
The company is managed by the Official in bankruptcy in provisional exercise (temporary continuation of the exercise of the company art. 104, paragraph 2 of the Bankruptcy Law).
Only two employment relationships are full-time and permanent. The other relationships, having a seasonal nature, have ceased, except for the one with the caretaker of the structure - expiring on March 31, 2023 - in progress.
The successful tenderer is obliged to exercise the options stipulated by the trustee for the purchase of the units surveyed in sheet 8 part 532 sub 3 and 4, under the conditions indicated in the attached documents.
He is also obliged to fulfill the agreement that will be formed as a result of the possible acceptance of the proposal to purchase the units surveyed in sheet 8 part 440 sub 15 and 16, detail 515, sub 17 and 18.
The consideration due as a result of the aforementioned purchase options and proposals is not included in the consideration due for the hotel company.
The successful tenderer will also have the right to make use of any other options, however named, acquired by the bankruptcy trustee before the deadline for the submission of offers has expired. The latter options will not bind the successful tenderer.
The amount indicated as the minimum offer must be understood as a reserve price, therefore all bids submitted for an amount equal to or greater than the reserve price, but lower than the base price, do not determine automatic acceptance, but will be subject to the unquestionable evaluation of the Bodies of the Procedure.
