Control and appraisal activity is a professional work aimed at establishing the investment, liquidation, market, cadastral and other value stipulated by the norms. It can be performed by competent individuals insuring liability. A citizen can work independently as a private practitioner, as well as in accordance with an employment contract.
135- "On Valuation Activities"
The normative act establishes the legal basis for working with objects belonging to the state, regions, municipalities, organizations and citizens. Valuation activities in the Russian Federation are also regulated by other documents, including international treaties. Let us consider in more detail the main provisions of 135-FZ "On Valuation Activities".
The objects
Valuation activities in the Russian Federation are carried out in relation to:
- Rights of claim, obligations (debt).
- Separate material objects (things).
- Ownership rights and other legal opportunities for the property or its individual components.
- The totality of things (movable and immovable).
- Works, information, services.
- Other objects of civil rights participating in accordance with the norms in circulation.
The right to conduct a procedure
The Russian Federation, its constituent entities or municipalities, as well as organizations and individuals can contact the competent persons to evaluate any objects owned by them on the conditions and on the grounds established in this Law. This right is considered unconditional. It does not depend on the procedure for performing statistical, accounting and reporting, defined in the norms. The right extends to re-evaluation. The results of the procedure can be used in adjusting the financial statements. In case of disagreement, interested parties may appeal the opinion in the manner prescribed by the rules.
Compulsory fulfillment
The normative act "On Valuation Activities in the Russian Federation" defines the conditions under which the procedure is carried out in a forced manner. In particular, it is mandatory if objects that are wholly or partly owned by the state, municipalities or regions are involved in the turnover. Valuation activities are carried out with:
- Use of property as a subject of a pledge agreement.
- Sale or other alienation of objects.
- Assignment of debt.
- Transfer of property as a contribution to capital, funds of organizations.
This work is mandatory in case of a dispute about the value of the object, including:
- In the course of nationalization.
- In case of mortgage lending to organizations and citizens in case of disagreement about the size of the value of the subject of the contract.
- When drawing up a marriage contract and the division of property in the process of divorce.
- When an object is removed from municipal or state use.
- To ensure control of the correctness of tax deductions in the presence of disagreements on the calculation of the base.
Information transparency of work
In order to implement the provisions of the Federal Law "On Valuation Activities", the customer must include information about the report of the procedure in the Unified Register within ten days from the date of its adoption. The database contains information about:
- Date of compilation and serial number of the report.
- The grounds for the procedure.
- To the appraiser (name, taxpayer identification number (TIN) (if any), insurance number in the insurance system).
- Membership in a self-regulatory organization.
- The object of assessment in accordance with the report.
- Date of establishment of the value of the property.
- The market price of the facility.
- Expert opinion on the report (date of compilation, number).
- Details of the legal entity and the book value of the object - for property belonging to the organization.
- Experts (name, taxpayer identification number, insurance number).
In accordance with the Federal Law "On Valuation Activities", the customer, in addition to the above data, must include a report in the Unified Register if the procedure was mandatory (in the cases mentioned above). Entering information by federal executive bodies, regional and local authorities is free of charge. If the report and information about it contains data related to state secrets, only parts that do not contain them are subject to publication.
Grounds for the procedure
Valuation activities are carried out in accordance with the contract. It is concluded by the customer with a specialist or with an organization in which a competent person works under a labor contract. In the cases provided for by the norms, appraisal activities, including repeated ones, may be carried out on the basis of a court decision (arbitration, arbitration, general jurisdiction) or other authorized body. Institutions involved in civil, economic and other disputes are independent in their choice of specialist. Costs incurred in connection with the implementation of the procedure, as well as remuneration to the performer, shall be reimbursed in the manner specified by the norms.
Features of the contract
The Law "On Valuation Activities" establishes the requirements for the content of the agreement between the customer and the contractor. The contract is made in writing. It must include:
- The purpose of the procedure.
- Description of the object (one or more). Information should be provided in such a way that property can be uniquely identified.
- The type of value to be determined.
- The amount of remuneration to the performer.
- Date of determining the price of the object.
- Data on compulsory liability insurance of the contractor.
- The name of the self-regulatory organization in which the evaluator is a member.
- An indication of the standards to be applied in carrying out the procedure.
- The size, grounds and procedure for the occurrence of additional liability of the contractor with whom the agreement is concluded.
- Information on the independence of the organization in which the appraiser works on the basis of a labor contract.
- Data on the liability insurance agreement for violation of the terms of the transaction, damage to property of third parties in case of failure to comply with the requirements of the considered normative act, standards and other legal norms.
The Law "On Valuation Activities" also prescribes to include information on the contractor in the contract, including name and surname.
Nuances
In respect of objects that belong to the state, regions or municipalities, an agreement on the execution of the procedure on behalf of the customer must be concluded by a person authorized by the owner of the property to make transactions with him, unless otherwise provided by regulatory acts. The date on which the price is determined is the day on which the price is set.
Report
The Law "On Valuation Activities" establishes the requirements for the final document, drawn up according to the results of the procedure. The report should be generated on paper or in electronic form. The preparation of the document is carried out in accordance with the standards, provisions of regulatory acts of the federal body authorized to regulate valuation activities. The report should not contain information that is ambiguous or misleading. The document indicates the date of the procedure, the standards that were used, the goals and objectives, other information necessary for a complete and unambiguous reflection of the results. The report should also include:
- Date of compilation and act number.
- Grounds for the procedure.
- Information about the contractor, including name, contact information, information about his membership in a self-regulatory organization.
- The purpose of the procedure.
- Information about the independence of the legal entity.
- Exact description of the property. In relation to the object, which belongs to the legal entity, - details of the organization and book value (if any).
- Evaluation standards, list of data used, indicating their sources, assumptions made during the procedure.
- The sequence of establishing the value of property, its total amount, limits and restrictions on the use of the results.
- Date of determining the price of the object.
- List of documents used by the contractor and establishing the qualitative and quantitative characteristics of the property.
The Federal Law "On Valuation Activities" allows the inclusion of other information in the report if, in the opinion of the expert, they are material and contribute to a more complete reflection of the calculation method applied by him.
Additional Rules
If the report is compiled in electronic form, it must be signed with an enhanced digital signature in the manner prescribed by applicable laws. In the cases established by the Federal Law under consideration, legal documents of the authorized body of the Fed. authority, the conclusion is subject to publication. The order of publication is determined by the specified federal structure.
Information Reliability
Evaluation and valuation activities are quite time-consuming and require great attention and high professionalism of the performer. The final size of the market or other value of the object determined by the results of the procedure, indicated in the report, formed in accordance with the procedure and on the basis provided for in the current standards, is considered recommended for use in transactions and reliable, unless otherwise provided by a court or other authorized body. The legislation establishes a period during which the information of the final document can be used by interested parties. The total size of the market or other value determined in the report, except for the cadastral, is considered recommended for use in civil transactions, setting the starting price of a tender or auction within six months. The calculation of the term is carried out from the date of formation of the final document. The legislation may provide for a different period.
Definitions
Valuation activities are carried out to establish the market, liquidation or other value of the property. The first one should be understood as the most probable price of the object, at which it can be alienated in competitive conditions under reasonable actions of the parties to the transaction, when all the necessary information is available, and no extraordinary circumstances are reflected in its size. Market value is determined when:
- One of the participants in the relationship is not required to alienate, and the other is to accept the object.
- The parties are aware of the subject matter of the transaction and perform actions in their own interests.
- The object is presented on the market through a public offer, typical of similar property.
- The transaction price is a reasonable reward; there is no coercion to commit it.
- Payment for an object is expressed in cash.
Other categories
Salvage value is the estimated value that reflects the most probable price at which property can be disposed of during the exposure period. However, there are circumstances in which the owner is forced to carry out the transaction. The cadastral value is established as a result of a state valuation either when considering disputes about its value, or is determined in cases provided for in Art. 24_19 Federal Law No. 135. The purpose of the procedure may be the formation of the investment price of the object. Under it should be understood the value of the object for a particular subject or group of persons, with the goals set by them for using this property.
Conclusion
In the normative act, which includes the requirement to perform the assessment, or in the contract, the type of price to be determined may not be established. In this case, as a general rule, the market value of the property is established. This provision also applies in situations where the regulatory act contains terms and definitions not provided for in Federal Law No. 135. These include, in particular, such concepts as equivalent, real, reasonable, real value, etc.