Global Courant 2023-04-21 04:31:27
From time to time, different state institutions, decentralized or autonomous, announce the public auction of different goods. From merchandise and vehicles held at customs, through recycling stationery, junk or cars consigned or abandoned on municipal property, to luxury real estate, crop harvests or thoroughbred livestock in extinction of domain.
If you have ever seen one of these advertisements and have wondered if you can participate in one of these processes, what requirements you must meet and how these are developed, here we tell you the procedure of the institutions that carry out public auctions the most, which is about of the sale of movable or immovable property at the best price offered by the bidders.
In general terms, the alienation of State property and its decentralized and autonomous entities is regulated by Decree 57-92, State Procurement Law. In its article 89, the regulations establish that for the sale of goods or materials “the procedure of public auction, public offer, or other procedures in which bidders can present their offers through transparent mechanisms” must be followed, prior compliance with the requirements and bases.
Article 90 of that same law indicates that in the case of State assets, the ministry or ministries must issue a Government Agreement where, among other aspects, the detailed description of the assets whose disposal will take place must be established, including Your registration data based on the corresponding certification and that the interested authority, the appraisal; the rules and conditions of the offer.
Publication of auctions in Guatemala
In the case of decentralized and autonomous entities, the norm establishes that they will observe the rules established in the same article in what is applicable and the agreement will be issued by the superior authority of the interested entity.
Government Agreement 122-2016, Regulation of the State Procurement Law, establishes in its article 64 that, once the above requirements have been met, the auction of the goods must be announced in the Diario de Centro América and once in another newspaper of increased circulation in the country and on the Guatecompras portal. In addition, if it is about real estate outside the municipality of Guatemala, it will be announced in the social media with the highest audience in the corresponding municipality, for 15 days.
The detailed description must be published; in the case of real estate, its location, extension, boundaries and crops, registration numbers in the respective property registries will be included, as well as indicating the department or municipality where it is located, if applicable. The base price of the auction, the form of payment and other conditions of the negotiation, the day and time indicated for the auction and the place where the procedure will be carried out will also be specified.
Pursuant to article 65 of that Regulation, persons who meet the requirements established by the bases for each institution and who, in the case of state entities, who in the act of auctioning prove to have deposited in the boxes of the interested entity, 15% of the base price of the good.
How to participate in SAT auctions
The Superintendence of Tax Administration (SAT), through the Customs Administration, is one of the decentralized entities that most frequently carries out public customs auctions of abandoned merchandise and those that have been subject to confiscation.
With the exception of officials or employees of the Customs Service, any person can participate as a bidder in the auction. Any person who wishes to participate as a bidder in the auction must NOT have omissions with the SAT. You must have a Tax Identification Number (NIT). Have your data updated in the Unified Tax Registry (RTU) of the SAT. To participate as a bidder in the auction, it is essential to deposit 25% of the base price of the item or items in which you wish to participate.
To find out if there is an auction event in progress, you can visit the website.
Stay tuned for posts on the Journal of Central Americanational newspapers or on the SAT portal.
In the case of the sale of goods subject to the crime of customs fraud that are easy to deteriorate or decompose, the SAT may publish the auction call only through its portal or its information bulletins.
Auction of vehicles of the Municipality of Guatemala
The Municipality of Guatemala is also another of the autonomous entities that conducts auctions, mainly of automobiles, motorcycles, junk or things seized or left abandoned on public roads that, in accordance with article 35 of the Traffic Law, prior authorization from the Court of Municipal Traffic Affairs.
Any interested person may register for the auctions of the Municipality, fulfilling the following requirements:
Request and fill out the registration form at the reception of the Municipal Traffic Court, on the dates indicated in the call. Visit the property on the stipulated dates. Deposit 15% of the base value of each lot you are interested in. At the auction, submit a copy of the form and other required documents. The municipality of Guatemala publishes the calls for auctions in his web page.
The form of payment and other award conditions will be stated in the auction record and the purchaser must comply with everything agreed upon, as stated in the record; Otherwise, you will lose in favor of the private funds of the transit authority, the deposit that you have made to bid.
All expenses incurred, fines and surcharges and others that correspond to the vehicle will be deducted from the auctioned price of vehicles or scrap metal.
Auction of assets in extinction of domain
The National Secretariat for the Administration of Assets in Forfeiture of Domain (Senabed) is also a public entity that calls for auctions of assets forfeited or in the process of extinction. This entity is governed by the provisions of the State Procurement Law and its Regulations, but also by the Regulations of the Domain Forfeiture Law, as well as the Procedure for the Sale of Forfeited Goods at Public Auction, Number 7 and 8.
To participate in the Senabed auctions, interested persons must be registered and with updated data in the Contractors Registration Unit, to receive:
Bases for participation in the sale of extinct assets or anticipated sale at public auction. Senabed offer form. Price list of the goods to be auctioned Date of visit of those interested in buying the goods to be auctioned. The rules for participation in the auction can also be found In the portal.
In the case of goods already extinguished, the bidder must provide proof of payment of 15% of the base price and issues a receipt authorized by the Comptroller General of Accounts.
For goods with precautionary measure through advance sale, the payment can range between 5% and 10% of the base price. The receipt authorized by the Comptroller General of Accounts must be delivered.
