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What relevant materials and steps are needed to hold an auction?
Auction procedure

Auction procedure refers to the whole process of auction operation, which can be divided into four stages: auction entrustment, announcement, auction and delivery of auction target.

First, the auction commission stage

The identity of the client needs to be determined in the entrusted auction stage, which mainly refers to the identity certificate and the documents to prove the identity of the client. If the client is a natural person, he shall provide an identity card; If the client is a legal person or other organization, it shall provide the business license of enterprise as a legal person and the legal person registration certificate of the association, etc.

The rights of the client need to be determined at the entrustment stage. Proof of the ownership of the auction target or the proof that the auction target can be disposed of according to law, and proof materials that can prove that the client enjoys the ownership and disposal right of the auction goods or property.

The auctioneer must know the nature of the auction target entrusted by the client. The trustor must provide the detailed information of the auction target, including the name, quantity, quality, old and new degree, storage place, etc. Because of the wide range of auction objects, the auctioneer should try to obtain as detailed information as possible about different objects. After consultation with the client, determine the reserve price, commission collection ratio and auction method of the auction target. Then sign an agreement on entrusted auction, which can also be called an entrusted auction contract (hereinafter referred to as the agreement). The agreement shall include the following contents:

(a) the name, domicile, legal representative and agent of the trustor and auctioneer;

(2) The name, quantity, domicile (storage place) and status of the auction target;

(3) The reserve price of the auction target;

(four) the terms of the auction fee;

(five) the time and place of auction, the settlement period of auction price, and the delivery method and time limit of the subject matter;

(6) auction method and conditions for re-auction;

(7) Conditions for suspension and termination of auction procedures;

(eight) the liability of the auction parties for breach of contract;

(nine) the signing time and validity of the contract;

(ten) other provisions that need to be agreed;

Second, the announcement and display of the auction.

The auction announcement process includes: auction announcement, publicity of auction targets, contact and negotiation with bidders, and display of auction targets.

Auction announcement means that the auctioneer informs the public about the auction. The time of the announcement has been clearly stipulated in the Auction Law of People's Republic of China (PRC), that is, it must be released 7 days before the auction date. Common notification methods include advertising in the media. The announcement itself is not an offer in the sense of contract, but only an invitation to negotiation (actually an invitation to offer, an invitation to offer). An auction announcement shall generally contain the following items:

The client of the auction (unless the client requests confidentiality);

(2) the nature of the auction;

(three) the name, type, quantity and quality of the auction target;

(four) the time and place of the auction target display;

(five) the time and place of the auction consultation;

(6) Time and place of auction;

(7) Contact person and contact information;

(eight) the qualifications and conditions of bidders and the amount and delivery method of auction deposit;

(9) Other matters that should be notified to the bidder.

Although the publicity and notice of the auction target must be more than 7 days, in order to make the auction target have more buyers, the announcement and display time can be longer, that is, the more bidders who buy the target, the better, and the more detailed the understanding of the auction target, the better. Generally speaking, the auctioneer does not assume the guarantee responsibility for the auction target, especially the public property auction. However, the auctioneer should inform the bidders of the defects of the subject matter, which is very important to reflect the fairness of the auction and establish a good corporate image. During the exhibition of the auction target, the auctioneer must provide the detailed information of the auction target, such as "Instructions for Auction", "Special Provisions for Auction" and "Catalogue of Auction Items", which should generally include the following contents:

(a) the name, quantity and quality of the auction target;

(two) the payment method and time limit of the auction target price;

(3) Commissions and other related expenses;

(4) auction method and transaction method;

(5) Taxes and fees payable for the transfer of the auction target;

(six) other matters that should be informed.

Because the scope of the auction target is quite extensive, when making special provisions and compiling the auction catalogue, we should explain some expenses that need to be registered for ownership change in detail as much as possible.

Third, the operation process of the auction

After consulting and reading the samples, bidders must register their bids in order to clearly express their willingness to participate in bidding, thus becoming real bidders. After paying the deposit and receiving the bidding number plate, participate in the auction at the time and place specified in the announcement. When the auctioneer puts down the beat to indicate the deal, there will be buyers among many bidders.

(a) the bidding registration is the behavior of bidders to show their identity, provide documents and express their willingness to bid. An auctioneer has the right to examine the qualifications of bidders and decide whether to accept their bidding intentions. Bidding registration shall generally include:

1. Name, domicile and certificate number of the bidder;

2. Brief information of the bidder (such as business scope, etc.). );

3. Contact person, address and telephone number;

4. What kind of subjects are you interested in?

5. Deposit delivery;

6. Account opening bank, property or credit information, etc.

7. Provide the original or photocopy of the certificate (on file).

In some lots, it is necessary to limit whether bidders have business qualifications, such as cigarettes and alcohol. , so the bidder's business scope certification materials are very important.

(2) The auctioneer collects a certain amount of bid bond from the bidders to ensure the success of the auction, prevent the bidders from making irresponsible bids and safeguard the interests of the clients. Bidders must pay the auction deposit according to the time limit and amount specified in the auction announcement, and bidders who fail to pay the full deposit within the time limit will be regarded as giving up bidding. After the auction, the buyer's deposit can be converted into part of the price, and the unsuccessful bidder's deposit will be returned to the bidder in full. Only in one case can the deposit be converted into liquidated damages, that is, when the bidder is unwilling to pay the price after being determined as the buyer, the advance deposit will be converted into liquidated damages, and part of the liquidated damages will be used to pay auction fees and the other part will be used as the remuneration of the client.

(3) During the auction, the auctioneer organizes the auction according to the time and place specified in the auction announcement, and the specific steps include: registration reception, hosting the auction, the auctioneer taking the lead, signing the bill, financial settlement, etc.

(4) After becoming the buyer, the bidder shall sign the Confirmation of Auction Closing with the auctioneer (hereinafter referred to as the Confirmation), which is a reconfirmation of the agreement between the buyer and the auctioneer. "Confirmation of Transaction" is also a sales contract that determines the rights and obligations of the auctioneer and the buyer, and is legally binding. "Confirmation" includes:

1, the number plate of the buyer;

2. The number, name, quantity and transaction price of the subject matter;

3. Proportion, amount and total amount of transaction expenses payable;

4. Signature of the auctioneer and the buyer. The "Confirmation Letter" must be signed by the auctioneer and the buyer before it takes effect.

IV. Settlement and delivery of auction targets

This stage is the settlement stage of the auction. The settlement stage of auction should include: the buyer's settlement, the settlement of other bidders except the buyer, the transfer of the auction target, the client's settlement, the auctioneer's accounting and the filing of auction materials.

(1) Only after the buyer pays all the price and auction fees within the time specified by the auctioneer can the auctioneer hand over the auction target to the buyer, and the auctioneer also provides the buyer with the bill; According to the situation of the subject matter, the auctioneer should also assist the buyer to handle some ownership change procedures and provide good after-sales service for the buyer.

(2) After receiving the buyer's price, the auctioneer shall settle the account with the client in time and deliver the remaining price after deducting the commission to the client. In general, when settling accounts with customers, the use of settlement vouchers shall include the following contents:

1, entrustment contract, contract number and date;

2. Name, quantity and transaction price of the subject matter;

3, the transaction object in the auction operation expenses;

4. Auction commission;

5. The price that the auctioneer must pay.

For some subject matter, the auctioneer should also ask the client to provide relevant documents and procedures so that the buyer can handle the ownership change.

(3) Settlement of auction Apart from the settlement of the buyer and the client, the settlement (accounting) of the auctioneer itself is also extremely important. The auctioneer should do a good job in the accounting of this auction fees, including the taxes and fees paid, the handling fees and commissions of income, etc.

(four) summarize the experience of each auction, organize the auction records, and save the auction information such as the auction contract, auction announcement, auction instructions, special provisions, lot catalogue, transaction confirmation, auction records, etc. For a period of not less than 5 years. At the same time, the bidder's information will be archived, which can become the customer source of future auction activities. The afternoon of words