There is no decision to approve a major transaction under 44 fz. No solution - no contract? What is the big deal

According to paragraph 8 of part 2 of Art. 61 of the Federal Law of 05.04.2013 N 44-FZ "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs" (hereinafter - Law N 44-FZ), in order to obtain accreditation, the participant of the electronic auction provides the operator of the electronic platform, among other things, a decision to approve or conclude transactions based on the results of such auctions on behalf of this procurement participant - a legal entity, indicating information on the maximum amount of one transaction. If the requirement that this decision is necessary for making a major transaction is established by the legislation of the Russian Federation and (or) the constituent documents of a legal entity, this decision is made in the manner established for making a decision on approval or on making a major transaction. In other cases, this decision is made by a person authorized to obtain accreditation on behalf of this procurement participant - a legal entity.
In turn, according to paragraph 13 of Art. 9.2 of the Federal Law of January 12, 1996 N 7-FZ “On Non-Commercial Organizations”, a major transaction can be made by a budgetary institution only with the prior consent of the relevant body exercising the functions and powers of the founder of a budgetary institution. At the level of constituent entities of the Russian Federation, the procedure for preliminary approval of large transactions made by a state budgetary institution is approved by the relevant departments * (1).
There are no special requirements for the execution of a decision on the preliminary approval of a major transaction by a state institution. Such a decision may be drawn up in a letter, order, protocol, order, etc. *(2) 61, paragraph 2, part 23 of Art. 68 of Law No. 44-FZ, in the decision on the approval of the transaction, provided during accreditation, the maximum amount of one transaction * (3) must be indicated.

We also recommend that you familiarize yourself with the materials:
— Encyclopedia of solutions. Approval of transactions made by state institutions;
— Encyclopedia of solutions. Large transactions of state institutions;
— Encyclopedia of solutions. The procedure for preliminary coordination (approval) of major transactions of budgetary and autonomous institutions.

Prepared answer:
Legal Consulting Service Expert GARANT
Verkhova Nadezhda

Response quality control:
Reviewer of the Legal Consulting Service GARANT
Aleksandrov Alexey

The material was prepared on the basis of an individual written consultation provided as part of the Legal Consulting service.

————————————————————————-
*(1) See, for example, Decree of the Ministry of Culture of the Moscow Region dated May 17, 2011 N 123-r “On Approval of the Procedure for Preliminary Approval of Major Transactions by State Budgetary Cultural Institutions of the Moscow Region”.
*(2) See, for example, Sample form of consent of the founder of a budgetary institution to make a major transaction (prepared by the experts of the Garant company).
*(3) See, for example, the Model Form of the Decision of the Owner of the Property of a Unitary Enterprise on the Approval of Transactions Based on the Results of Electronic Auctions (prepared by the experts of the Garant company).

Decision on approval of a major transaction under 44-FZ + sample 2018

According to the norms of the current Law on the contract system No. 44-FZ, it is assumed that the participants in the procurement procedures have a decision to approve a major transaction. This document will be needed not only when concluding contracts, but also for accreditation on electronic trading platforms. Therefore, all potential suppliers need to remember the specifics of making such a decision.

What is considered a major deal?

The concept of a major transaction is regulated by 208-FZ "On Joint-Stock Companies", as well as 14-FZ "On Limited Liability Companies". These include contracts that go beyond the usual business activities of the enterprise.

A major transaction is one that involves the acquisition or alienation of material assets in the amount of more than 25% of the value of all company assets. The assessment is carried out on the basis of information from the financial statements. The calculation is carried out for the entire period that precedes the date of conclusion of the contract. The charter of the company may also determine a higher percentage of the value to recognize the transaction as a major one.

The category of large transactions includes contracts for the sale of real estate, credit obligations, barter, guarantees, leases, granting the right to use objects of intellectual activity.

For individual entrepreneurs, as well as individuals who can also act as suppliers for government orders, the concept of a major transaction is not applicable. Therefore, for such persons there is no need to draw up a decision.

Since the beginning of 2017, amendments have been made to the legislation, according to which an LLC with a single founder is not required to provide a decision on the approval of a major transaction. This is due to the fact that within a company with a single participant there can be no disputes regarding the conclusion of an agreement.

Who makes the decision to approve a major deal

In limited liability companies, the decision to approve the conclusion of a major transaction is made at a meeting of all directors. The competence of such a council in this matter should be enshrined in the Articles of Association of the company. Otherwise, the decision can be made only by the meeting of the company's participants.

In joint-stock companies, the decision is made at the general meeting of all shareholders. If the full block of shares belongs to one person, then confirmation of consent to conclude a transaction is not required.

A decision on the approval of a major transaction will not be needed if the contractual relationship arises during the course of the company's reorganization procedure. The same applies to contracts for the acquisition of shares and securities.

Features of major transactions concluded by unitary enterprises

The activities of unitary enterprises (SUEs) are regulated by 161-FZ. Part 1 of Article 23 of the said law stipulates that for such organizations a major transaction is recognized, the amount of which exceeds 5 million rubles. According to part 3 of the same article, the decision to conclude major transactions is made exclusively with the consent of the owner of the company's property.

Thus, if a unitary enterprise plans to participate in public procurement and conclude a contract worth more than 5 million rubles, then approval of the transaction must be attached to the application. In the absence of such a document, the application will be rejected and such an action of the customer will be recognized by the regulatory authorities as lawful.

How the amount of a large transaction is calculated

In the decision to approve a major transaction, it is necessary to prescribe a specific amount, which is recognized as the maximum possible for a given company. The price is determined from the following criteria:

1. Data from an accounting report that relates to the total value of all assets of a company.
2. If a specific figure cannot be calculated, the maximum value that the company can offer is indicated.
3. When a contract concerns a loan, the full amount of the debt is taken into account, as well as interest on the use of borrowed funds.

If the organization plans to conclude several transactions at once, then it is acceptable to draw up decisions within the framework of one document. The Civil Code provides for notarization of such a decision. To avoid this procedure, the company is recommended to submit the relevant issue for discussion by the Board of Participants. In the case of mutual agreement, the need for notarization is eliminated.

Basic rules for making a decision

The decision to approve a major transaction is drawn up in an arbitrary form. It must contain the following mandatory information:

1. The subject of the transaction.
2. The list of counterparties that act as parties to the contract.
3. The person who becomes the beneficiary of the contract.
4. Transaction amount.
5. Place and date of the relevant decision.
6. Full name, passport details and TIN of the founders of the company.
7. Details of the document on the state registration of the company.
8. Other important terms.

The decision must be made in writing. If it is signed by all members of the company, it is not necessary to draw it up on the official letterhead of the organization; it is also not necessary to seal such a document with a seal.

The decision to approve a major transaction is a mandatory document included in the application for participation in public procurement. If the transaction is not recognized as a major one, then the proposal includes a document confirming that the contract is not major for the participant.

A sample (example) of filling out the document can be downloaded here.

Sample decision to approve a major transaction

What is a Major Deal Approval Decision?

The transaction will be considered a major one if it goes beyond the boundaries of ordinary economic activity and at the same time is associated with the purchase or sale of property of a joint-stock company (more than 30% of shares) or provides for the transfer of property for temporary use or under a license (clause 1 of article 46 No. 14- FZ). Moreover, in both cases, the price of such operations must be at least 25% of the book value of the assets of a limited liability company (LLC).

If required, they approve major transactions in accordance with the legislation of the Russian Federation (14-FZ, 174-FZ, 161-FZ, etc.) or according to the rules established in the Charter of the procurement participant. In other cases, this is done by the supplier's representative authorized to obtain accreditation at the ETP.

In an LLC, approval is the responsibility of the general meeting. If the organization has a board of directors, then on the basis of the Charter, the adoption of agreements on such operations can be transferred to its jurisdiction.

On June 26, 2018, the Supreme Court issued a Resolution of the Plenum. In this document, he revealed the main disputes regarding the approval of major transactions and agreements in which there is an interest.

Download Resolution of the Plenum of the Supreme Court No. 27 dated 06/26/2018

When is such approval required in the contract system?

To participate in an electronic auction, all those who wish to first pass accreditation at the ETP. To do this, they provide a common package of documents, which includes consent to the transaction. Moreover, this is always required, including when the purchase does not belong to the category of large ones. You can find a sample decision on a major transaction 44-FZ at the end of the article.

Information must also be included in the second part of the application, if required by law or constituent documents, and also when both the provision of the contract or application, and the contract itself will be large for the participant. In the absence of this information, the candidate may be rejected at any stage before the conclusion of the contract. The auction commission of the customer is responsible for verifying the data (clause 1, part 6, article 69 No. 44 of the Federal Law).

It is important to note that individual entrepreneurs, unlike LLC, do not belong to legal entities. Therefore, they are exempted from the obligation to submit such a document for accreditation at the ETP.

Approval of a major transaction with a single founder

LLCs, in which there is only one founder, who acts as the sole executive body, are not required to draw up such a document (clause 7 of article 46 No. 14-FZ).

At the same time, in paragraph 8 of Part 2 of Art. 61 No. 44-FZ states that in order to be accredited on the ETP, participants in an electronic auction must submit such information, regardless of their form of ownership. Otherwise, it will be impossible to bid.

But it is not necessary to include this information in the second part of the application. It is considered that if the supplier has not provided such data, then the conclusion of the contract does not fall into the category under consideration. But, as practice shows, even the decision of a single participant to approve a major transaction, just in case, is attached to the general package of documents. It is important not to make a mistake here. Otherwise, there is a risk of rejection of the auction participant due to the fact that he provided false information. Such cases are disputed by the Federal Antimonopoly Service, but the period for concluding a contract increases.

What to look for when compiling: form and content

First of all, it is worth noting that in the legislation of the Russian Federation there is no single model for a decision on a major transaction. But paragraph 3 of Art. 46 No. 14 FZ explains that such a document should indicate:

1. A person who is a party to an agreement and a beneficiary.
2. Price.
3. Subject of the agreement.
4. Other significant conditions or the order in which they are determined.

The beneficiary may not be indicated if it is impossible to determine it by the time the document is agreed, and also if the contract is concluded as a result of the auction.

At the same time, Art. 67.1 of the Civil Code of the Russian Federation establishes that the decision made by the executive bodies of an LLC must be confirmed by a notarized certificate, unless another method is provided for by the Charter of such a company or by a decision of the general meeting, which was adopted unanimously by the participants.

P. 4, Art. 181.2 of the Civil Code of the Russian Federation fixes the list of information that must be reflected in the decision of the in-person meeting of the founders. The protocol requires the following information:

• date, time and place of the meeting;
• persons who participated in the meeting;
• results of voting on each item on the agenda;
• the persons who counted the votes;
• persons who voted against the approval of the agreement and requested that a record be made of it.

In 2018, it happens that customers reject a participant if the decision indicates the total amount of approved transactions, and not each agreement separately. Therefore, we recommend using the wording “Approve the transactions on behalf of the Limited Liability Company “_______________” based on the results of the procedures for the procurement of goods, works, services. The amount of each such transaction shall not exceed the amount of ____________ (_____________) rubles 00 kopecks.”

Thus, in order to be accredited and participate in the auction, we recommend using the sample decision on a major transaction 44-FZ both for a company that consists of one founder and for a meeting of participants that reflect all the requirements of the law.

Checking the decision to approve a major deal

Why and when needed

It is important for a budgetary organization that acts as a purchase customer to know that the proposals received during the procedure are agreed with the executive bodies of the supplier (meeting of founders, board of directors, etc.). This requirement is due to the fact that it is important for the customer to understand that a major transaction that is outside the normal business activities will not lead the contractor to bankruptcy and disruption of the state contract. In simple terms, the budget organization needs confirmation that the participant can fulfill the expensive contract.

Approval is also required for transactions made within the framework of business activities adopted by the charter. As a rule, it contains a limit on the amount. The maximum amount of such a transaction is not limited by law, but the owner must have an understanding of its limit.

The document confirming the readiness to take part in a significant purchase is provided by the supplier as part of the main package of documents at the stage of registration and obtaining the status of an accredited company on federal trading floors. To check whether the document meets the requirements, a sample decision on a major transaction 44-FZ will help. At the end of the article you will find some examples for various organizations.

Checking the criteria

For companies, joint-stock or limited liability companies, the criteria for processing documents for approving the terms of the contract are determined. If there is only one participant in the constituent documents of the company, then the decision of the sole participant on the approval of a major transaction is drawn up with his signature. If the company has more than two founders, then the issue is resolved at an extraordinary meeting, at the end of which a protocol is drawn up. It must reflect the votes of all participants.

At the legislative level, these documents are regulated by Federal Laws:

1. For limited liability companies, Federal Law No. 14-FZ of February 8, 1998 (hereinafter referred to as the Federal Law “On LLC”) applies, it contains information on which body of the company is authorized to issue such an opinion.
2. For joint-stock companies, the Federal Law “On Joint-Stock Companies” No. 208 dated December 31, 2005 applies.

Checking form and content

Article 181.2 of the Civil Code discloses the requirements for the content of such documents. A sample decision on a major transaction is not legally approved. You should check that it contains:

• who is the party to the agreement and the beneficiary;
• maximum contract amount;
• subject of the agreement;
• other significant terms of the contract.

New requirements for the decision to approve a major transaction due to changes in Federal Law 14

This is a new reason to reject the applications of those participants who did not follow the changes in the regulatory framework.

What changed?

From September 1, 2017, a new version of the 14-FZ is in force, which regulates the activities of the LLC. The old version does not specify how long the decision is valid, so the customer could not reject the application if the decision on a major transaction was made more than a year ago.

In the new edition, clarifications were made: now the decision must indicate the period of its validity. Otherwise, such a decision by default will be valid for one year from the date of its adoption. The same conditions for JSCs appeared in the new edition of 208-FZ from July 30, 2017. When is an approval decision required?

• When registering on six state electronic platforms and on most commercial,
• In an open competition (paragraphs "e" part 2 of article 51 44-FZ),
• In a closed auction (clauses "d" part 2 of article 88 44-FZ),
• In an electronic auction (clause 4, part 5, article 66 44-FZ).

What to do?

1. If there are no deadlines in your decision, hold a meeting of owners and draw up a new protocol. If the owner of the organization is one, he alone makes a decision.
2. Send the new document to the ETP operators where you are accredited or registered.
3. Attach copies of the updated decision to applications.

Is it possible to participate in procurement without a decision?

Controversial issue:

Can the customer reject the application if it does not contain a decision to approve a major transaction, and the purchase is not major for the participant? There is no single position. Customers often reject such applications, but arbitration courts take the side of the supplier. We recommend applying the decision in any case in order to save time on proceedings.

Decision on approval of a major transaction 44-FZ: procedure and sample

Related Articles

What is a major deal and in what cases it may be needed, find out from the article. Here is a sample decision on the approval of a major transaction, depending on the form of organization.

What is a big deal

Let us turn to the relevant laws in order to understand what a major deal is. Federal Law No. 161-FZ of November 14, 2002 “On State and Municipal Unitary Enterprises” states that a large operation is one that involves the acquisition or sale of property in excess of 10% of the authorized capital of an enterprise or in an amount 50 thousand times exceeding the minimum wage.

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Federal Law No. 14-FZ of February 8, 1998 “On Limited Liability Companies” defines major transactions that:

• associated with the purchase or alienation of any property (including loans, credits, collateral, etc.), the book value of which exceeds 25% of the value of the company's assets;
• associated with the transfer into temporary possession or the granting of rights to use the result of intellectual activity or means of individualization under a license, if their value is more than 25% of the value of the organization's assets.

At the same time, the Federal Law states that these provisions are not applicable to companies in which there is only one participant, and to contracts, the execution of which is mandatory in accordance with the orders of the Government and other regulatory legal acts.

Also, the federal law gives the concept of transactions that do not go beyond the limits of normal economic activity. These are agreements that are often made by enterprises in this field of activity and which do not lead to a significant change in the size of the organization. Federal Law No. 208-FZ of December 26, 1995 "On Joint-Stock Companies" gives the same definition of a CC as Law No. 14-FZ.

When do you need a decision to approve a major transaction?

According to Law No. 44, this document may be needed in two cases:

• when applying. The decision must be provided if it is established in the law, the constituent documents of the participating organization, and when the price of the agreement/contract for LLC or JSC falls under the definition of the Constitutional Court;
• when accredited on an electronic platform.

What is a major deal and in what cases it may be needed, we will tell in the article.

In addition, we give a sample solution depending on the form of organization.

What is a big deal

In order to understand what a major deal is, let's turn to the relevant laws. Federal Law No. 161-FZ of November 14, 2002 "On State and Municipal Unitary Enterprises" states that a major transaction is one that involves the acquisition or sale of property in an amount exceeding 10% of the authorized capital of an enterprise or in an amount 50,000 times greater than the minimum wage.

Federal Law No. 14-FZ of 08.02.1998 "On Limited Liability Companies" defines major transactions that: exceeds 25% of the value of the company's assets; associated with the transfer into temporary possession or the granting of rights to use the result of intellectual activity or means of individualization under a license, if their value is more than 25% of the value of the organization's assets. At the same time, the Federal Law states that these provisions are not applicable to companies in which there is only one participant, and to transactions, the completion of which is mandatory in accordance with government orders and other regulatory legal acts.

Also, the federal law gives the concept of transactions that do not go beyond the limits of normal economic activity. This refers to transactions that are often carried out by enterprises in this field of activity and which do not lead to a significant change in the scale of the organization. Federal Law No. 208-FZ of December 26, 1995 "On Joint Stock Companies" defines a major transaction in the same way as Law No. 14-FZ.

When do you need a decision to approve a major transaction?

According to Law No. 44, this document may be needed in two cases: when applying. The decision must be provided if it is established in the law, the constituent documents of the participating organization, and when the price of the agreement/contract for LLC or JSC falls under the definition of a major transaction; when accredited on an electronic platform.

Procedure for making a decision to approve a major transaction

The approval procedure also depends on the type of enterprise and the number of its founders. In municipal unitary enterprises and state unitary enterprises, such decisions are made with the consent of the owner of the property of the enterprise. In the case of JSCs, the members of the board of directors or the general meeting of shareholders are responsible for approval. The procedure depends on the value of the property: if the price of the property is between 25 and 50% of the value of the company's assets, it is necessary that the consent is given by each member of the board of directors. If it was not possible to achieve this, the issue is put on the agenda of the meeting of shareholders and decided by a majority of votes; if the price of the property is more than 50% of the value of the company's assets, consent must be obtained for the approval of a major transaction from ¾ of the votes of shareholders at a general meeting. At the same time, the decision should indicate: the price of the transaction, its subject, the benefit of the company, the parties, the duration of the decision.

Note that if the validity period of the approval is not specified, then the document is considered valid for a year. In an LLC, the decision is made by the general meeting of shareholders. If the transaction is concluded at the end of the auction, then the document may not indicate its side and the beneficiary. However, the price, the subject of the transaction and other essential conditions, including minimum and maximum parameters, alternative options for conditions, etc., must be specified. If any of the participants is interested in the transaction, then the decision is made by a majority of votes of non-interested participants.

We list the consequences of a major transaction without approval.

It may be declared invalid if a member of the board of directors or one of the shareholders applies to the court with a claim. At the same time, the court will not cancel the transaction if: evidence is presented that the approval has been received; there is evidence that the other party knew, or should have known, that the deal is major for the entity and that there was no proper consent to proceed with it.

Decision to approve or commit a major transaction: sample

The sample solution depends on how many founders are in the organization. First, let's look at how to write this document for an LLC with only one founder.

The decision must be printed on letterhead and indicate in it: the name of the company; Full name, passport details, address of the founder; approval of the conclusion of a specific agreement/contract; the maximum possible amount of one major transaction; signature and seal. If the organization has several founders, it is necessary to hold a meeting of participants and draw up a protocol based on its results.

The following data is entered into it:
Full name of the founders with indication of shares in the authorized capital;
Full name of the director;
approval of transactions on behalf of the organization;
an indication of the maximum possible transaction amount;
signatures of the director, chairman and secretary of the meeting.

The transaction will be considered a major one if it goes beyond the boundaries of ordinary economic activity and at the same time is associated with the purchase or sale of property of a joint-stock company (more than 30% of shares) or provides for the transfer of property for temporary use or under a license (clause 1 of article 46 No. 14- FZ). Moreover, in both cases, the price of such operations must be at least 25% of the book value of the assets of a limited liability company (LLC).

If required, they approve major transactions in accordance with the legislation of the Russian Federation (14-FZ, 174-FZ, 161-FZ, etc.) or according to the rules established in the Charter of the procurement participant. In other embodiments, this is done by a supplier representative authorized to obtain accreditation for .

In an LLC, approval is the responsibility of the general meeting. If the organization has a board of directors, then on the basis of the Charter, the adoption of agreements on such operations can be transferred to its jurisdiction.

On June 26, 2018, the Supreme Court issued a Resolution of the Plenum. In this document, he revealed the main disputes regarding the approval of major transactions and agreements in which there is an interest.

Download Resolution of the Plenum of the Supreme Court No. 27 dated 06/26/2018

When is such approval required in the contract system?

To start participating in public procurement, you need. To do this, provide a common package of documents, which includes the consent to the transaction. Moreover, this is always required, including when the purchase does not belong to the category of large ones. As for suppliers who were accredited before 12/31/2018, they are required to register with the EIS by the end of 2019. Both of them will need an up-to-date sample decision on a major transaction 44-FZ.

Information must also be included in the second part of the application, if required by law or constituent documents, and also when and or, and the contract itself will be large for the participant. In the absence of this information at any stage before the conclusion of the contract. The auction commission of the customer is responsible for verifying the data (clause 1, part 6, article 69 No. 44 of the Federal Law).

It is important to note that individual entrepreneurs, unlike LLC, do not belong to legal entities. Therefore, they are exempted from the obligation to submit such a document for accreditation at the ETP.

Approval of a major transaction with a single founder

LLCs, in which there is only one founder, who acts as the sole executive body, are not required to draw up such a document (clause 7 of article 46 No. 14-FZ).

At the same time, in paragraph 8 of Part 2 of Art. 61 No. 44-FZ states that in order to be accredited on the ETP, participants in an electronic auction must submit such information, regardless of their form of ownership. Otherwise it will be impossible.

But it is not necessary to include this information in the second part. It is considered that if the supplier has not provided such data, then the conclusion of the contract does not fall into the category under consideration. But, as practice shows, even the decision of a single participant to approve a major transaction, just in case, is attached to the general package of documents. It is important not to make a mistake here. Otherwise, there is a risk of rejection of the auction participant due to the fact that he provided false information. Such cases are disputed by the Federal Antimonopoly Service, but the period for concluding a contract increases.

What to look for when compiling: form and content

First of all, it is worth noting that in the legislation of the Russian Federation there is no single model for a decision on a major transaction. But paragraph 3 of Art. 46 No. 14 FZ explains that such a document should indicate:

1. A person who is a party to an agreement and a beneficiary.
2. Price.
3. Subject of the agreement.
4. Others or the order in which they are defined.

The beneficiary may not be indicated if it is impossible to determine it by the time the document is agreed, and also if the contract is concluded as a result of the auction.

At the same time, Art. 67.1 of the Civil Code of the Russian Federation establishes that the decision made by the executive bodies of an LLC must be confirmed by a notarized certificate, unless another method is provided for by the Charter of such a company or by a decision of the general meeting, which was adopted unanimously by the participants.

P. 4, Art. 181.2 of the Civil Code of the Russian Federation fixes the list of information that must be reflected in the decision of the in-person meeting of the founders. The protocol requires the following information:

• date, time and place of the meeting;
• persons who participated in the meeting;
• results of voting on each item on the agenda;
• the persons who counted the votes;
• persons who voted against the approval of the agreement and requested that a record be made of it.

In 2019, it happens that customers reject a participant if the decision indicates the total amount of approved transactions, and not each agreement separately. Therefore, we recommend using the wording “Approve the transactions on behalf of the Limited Liability Company “_______________” based on the results of the procedures for the procurement of goods, works, services. The amount of each such transaction shall not exceed the amount of ____________ (_____________) rubles 00 kopecks.”

Let us consider whether the tender commission under 44-FZ has the right to reject the supplier's tender application, having discovered that a decision on the approval of a major transaction is not attached to it.

Algorithm of actions for consideration of the application

When the commission actually revealed the absence of a decision in the application for a tender under 44-FZ, it needs to check.

It is necessary to identify, firstly, whether the laws of the Russian Federation and the constituent documents of a legal entity themselves necessarily require a decision on the possibility of making a major transaction.

Secondly, it should be clarified whether it is valid for the participant in the competition under 44-FZ to perform work under the contract, or whether he will financially secure his application (or contract with the customer) will be a major deal.

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44-FZ on a major transaction

If we turn to Law No. 44-FZ for advice, we will see in subparagraph "e" of paragraph 1 of part 2 of Article 51 an indication that when a potential supplier submits an application for a tender under the contract system, it should already contain all information without exception , the provision of which is required by the customer in the documents accompanying the purchase. Such information includes, among other things, the decision to approve a major transaction from the board of directors.

Further, according to paragraph 4 of part 1 of Art. 50 of the same law, the documentation compiled by the customer for the tender, as well as the notice published in the EIS that he is holding an open tender under 44-FZ, must necessarily include the requirements for what is contained in the participant's application (these requirements are described in 51 article of the same Federal Law). In particular, in the notice, as well as in the procurement documentation, it should be described in detail how to write a description of the participant's proposal, what is the required form and composition of the application for a potential supplier, and how to fill it out correctly.

This paragraph also notes the inadmissibility of establishing by the customer any additional requirements, from which, as consequences, there would be a restriction either on the number of participants, or their access to taking part in the tender under 44-FZ.

The big deal is...

Let's look at what a big deal actually is, and how to understand whether the execution of a contract, or the provision of this contract, or an application for participation, is a big deal for a particular participant who submitted an application. The decision to approve it can only be made by the general meeting of participants in the LLC, which is regulated by Part 3 of Art. 46 of Law No. 44-FZ.

To determine the supplier, contractor or contractor, it is first necessary to plan electronic procedures. Get an electronic signature. Choose the site that best suits your organization and register. Next, create documentation and a notice, carry out procedures and determine the supplier and conclude a contract, taking into account the characteristics of each of the procurement methods.
See solutions for each electronic method: auction, tender, request for quotation, request for proposals.