(Staff reporter) For perfecting the bid-by-mail system on real estate auctions of district courts, Judicial Yuan ROC (Taiwan) revised relative articles of the 'Precautionary Matters on Handling Compulsory Enforcement' and the 'Guidelines for bidding on real estate auctions of the Civil Execution Department of District Courts' on 21 June, 2012. These bidders needn't stay at District Court to submit a tender. We anticipate that this system will promote more people to take part in bidding and prevent bid rigging. The key revisions are as follows:
1. It is stipulated that when the likelihood of collusive bidding is suspected or the court determines at the request of the creditor or debtor that bidding by mail will be appropriate or necessary, bidding by mail can be conducted alongside on-site bidding and the bid result will be announced publicly. When bidding by mail is accepted, the deadline and the mailing address must be clearly indicated in the auction announcement. Late bids will be rejected and bids sent in by mail may not be withdrawn or changed.
2. The enforcing authority (district court) appoints a post office mailbox and an address for receiving bid letters. Bidders could mail their bid letters to either the mailbox or the specific address. As mailbox: the execution judge has to take the bid letters from the post office with the clerk and government ethics officer or the court president designate at the due date(time), announced on the official auction notice. The other: the court officers would be responsible for safekeeping of all bid letters received. The execution clerk put all of bid letters in the bid-box before opening bid with the other aforesaid execution officers.
3. Bidders of the bids-by-mail are required to fill out the bid-sealing form definitely, the 'bid-date', 'bid-time' and 'case number' blank spaces of the form are must-write, and then paste it up on surface of the envelope for bidding according to the regulations, otherwise the tender is invalid.
4. The revisions stipulate: The district court either notifies the failure bidders, who were absent as opening the bid, to get their guarantee deposit for bidding, or remits the deposit to the bank account which is assigned by the failure bidders previously. The winner, who submitted the bid documents by mail and was absent as opening the bid, has to pay up the entire amount of the bidding within seven days from receiving the court pay-in notification.
Judicial Yuan plans to perform the real estate bidding by mail comprehensively. Hope that the system will get a new page in the coming days.
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