In its condition of the Insolvency Administration, SUE ABOGADOS S.L.P announces through these means the period of time for the direct sale that concurs and in relation to the “productive unit” of the company SECONMED S.L.U. Thus, here after, we offer a basic summary of its identification details, for its greater publicity:
– Enabling title: Order of the Commercial Court nº 3 of Valencia, of the 21st of July of 2020 (Order num. 1102/2019), which approves the Liquidation Plan.
– Company where the productive unit is found: SECONMED SLU, with Tax ID B-97250567, found in a voluntary Insolvency Proceeding situation.
– The minimum price for the sale of the productive unit is 20.000 € (expenses and taxes not included), according to the Liquidation Plan.
In any case, it will be a necessary condition to obtain the previous judicial authorization of the offer considered acceptable by the Insolvency Administration, as well as to respect the imperative rules of articles 149.2 and 149.3 of the Spanish Insolvency Law.
– Main corporate activity: fabrication of sheets and wooden boards (CNAE Code nº 1621)
– Actual number of employees: eight
– Dates established for the presentation of offers: from the 22nd of August 2020 to the 5th of September 2020, both included.
– Sale information booklet: according to article 148.7 of the Spanish Insolvency Law, a sale information booklet will be freely given to those interested that write and request it to the Insolvency Administrations. When appropriate, confidentiality agreements will have to be previously signed to avoid the disclosure of third parties’ details.
For information purposes only, an extract of the direct sale system is reproduced below, as it has been set up in the Liquidation Plan and Order of the 21st of July of 2020; notwithstanding the consultation of the whole program in relation to the rest of conditions.
“(…) the offers with be presented to the Insolvency Administration through email only, to the following official direction: email@example.com (…)” According to article 149.3 a) of the Spanish Insolvency Law, all offerors will have to completely identify themselves, this is, attaching an scanned copy of the personal ID/Tax ID and the corresponding details (company name or complete personal name), a telephone number and an address located in Spain. In case of legal persons, a copy of the corresponding representation power will have to be provided. To prevent an inadequate or abusive use by possible figureheads, voluntary representations will not be accepted in case of natural person offerors.
The offeror will also have to provide information about its economic solvency, as well as the material and technical means at his disposal.
The offers will have to indicate a fixed price that will have to be fully paid in favour of the insolvent company at the moment of signature of the corresponding productive unit purchase public deed; notwithstanding the fact that the funds used for the purchase will be subject to that established in Law 10/2010, of the 28th of April, of laundering money prevention and terrorism financing. (…)
The offers will have to specifically manifest, in a binding way, that the acquisition will happen in the physical state and place (“as is where is”) in which the assets are found, undertaking all risks or contingencies of the acquisition in the legal frame of an insolvency liquidation, as well as renouncing to exercise any contractual or non-contractual actions against the company and/or the Insolvency Administration, even in relation to eviction clean up and/or possible latent defects that could concur in one or several assets.
The free of charges and encumbrances transferability principle that appears in art. 149.5 of the Spanish Insolvency Law, is limited in the terms of art. 146.bis.4 of the same Law, and in this context, it acts as a special rule.
For more information about the sale system and/or about the details or contents of the productive unit you can contact the official email address of the insolvency proceeding: firstname.lastname@example.org. We will rapidly respond to you. Insolvency Administration of SECONMED S.L.U.