At nationalization of property;
With mortgage lending to individuals and legal entities in cases of disputes about the value of the value of the subject of the mortgage;
when drawing up marriage contracts and dividing the property of divorcing spouses at the request of one of the parties or both parties in the event of a dispute over the value of this property;
At redemption or other seizure of property from owners for state or municipal needs provided for by the legislation of the Russian Federation;
When assessing valuation objects to monitor the accuracy of tax payments in the event of a dispute over the calculation of the tax base.
When paying for shares in non-monetary funds to determine the market value of the property to be contributed to the authorized capital of the joint-stock company, an independent appraiser shall be employed, unless otherwise provided by federal law. The monetary value of the property produced by the company’s founders and the board of directors (supervisory board) of the company cannot be higher than the value of the valuation made by the independent appraiser. If the nominal value or an increase in the nominal value of a company participant’s share in the authorized capital of a company paid by non-monetary funds is more than twenty thousand rubles, an independent appraiser shall be employed to determine the value of this property, provided that the federal law does not otherwise provide. The nominal value or an increase in the nominal value of a share of a company participant paid for by such non-monetary funds may not exceed the amount of the valuation of the said property determined by an independent appraiser.
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Provisions on Business Partnerships and Associations” of Part One of the Civil Code of the Russian Federation).
The contribution to the property of an economic partnership or a company may be money, securities, other things or property rights or other rights having a monetary value.
A monetary valuation of the contribution of a participant in a business entity is made by agreement between the founders (participants) of the company and, in cases provided for by law, subject to independent expert review.
Valuation of property transferred as collateral (clause 1, Article 339. “Pledge agreement, its form and registration” of part one of the Civil Code of the Russian Federation).
In the pledge agreement, the subject of the pledge and its valuation, the essence, size and term of performance of the obligation secured by the pledge must be indicated.
- b) Assessment of mortgage loans for individuals and legal entities ( clause 1, Article 9 “Content of the mortgage agreement” of the Federal Law of July 16, 1998 N 102-FZ “On Mortgage (Real Estate Pledge)” ).
In the mortgage agreement, the subject of the mortgage, its valuation, the essence, size and term of performance of the obligation secured by the mortgage must be indicated.
- c) Valuation of the enterprise for mortgage purposes (Clause 3, Article 70 “Mortgage of the Enterprise as a Property Complex” of the Federal Law of July 16, 1998 N 102-FZ “On Mortgage (Real Estate Pledge)”).
The composition of the property belonging to the enterprise transferred to the mortgage and the valuation of its value are determined on the basis of a complete inventory of this property. Act of inventory, balance sheet and the conclusion of an independent auditor on the composition and value of property belonging to the enterprise are mandatory annexes to the mortgage agreement.
In cases where the assessment is mandatory by law, the report on the valuation of property belonging to the enterprise is also a mandatory annex to the contract.