Article 109Sale by Private Contract

①In any of the following cases, the district director may sell seized property, etc. by private contract in lieu of public auction.

②Article 98 (Determination of the Estimated Value) applies mutatis mutandis to a sale under paragraph (1), item (i) or (iii). In this case, when selling under item (iii) of that paragraph, the estimated value must not be lower than the estimated value at the immediately preceding public auction.

③When the seized property, etc. to be sold under paragraph (1), item (iii) is movable property, the district director may sell it at a price publicly noticed in advance.

④The provisions of Article 96 (Notice of Public Auction), Article 99-2 (Statement Indicating That the Relevant Person Is Not a Current or Former Member of an Organized Crime Group), Article 106-2 (Commission of Examinations) and Article 107, paragraph (3) (Second Public Auction) apply mutatis mutandis to the case of selling seized property, etc. by private contract, and the provisions of Article 106, paragraphs (2) and (3) (Announcement of the Close of Bidding or Auction by Competitive Bidding, etc.) apply mutatis mutandis to the case where the person to become the purchaser by private contract has been determined. In this case, the phrase "When the district director has given the public notice under the preceding Article" in Article 96, paragraph (1) is deemed to be replaced with "No later than seven days before the day of sale by private contract", and the term "notify" in that paragraph with "send a written notice to"; the phrase "who intends to make a bid, etc. for public auction property" in Article 99-2 with "who intends to purchase public auction property by private contract", and the phrase "may not make a bid, etc." in that Article with "may not purchase"; the phrase "who intends to make a bid, etc. for the real property for public auction" in item (i) of that Article with "who intends to purchase the real property for public auction by private contract"; the phrase "intends to have a bid, etc. made for the real property for public auction" in item (ii) of that Article with "intends to have the real property for public auction purchased by private contract"; and the phrase "who has had the highest bidder, etc. make a bid, etc. for the real property for public auction on that person's own account" in Article 106-2, paragraph (2) with "who has intended to have the highest bidder, etc. purchase the real property for public auction by private contract on that person's own account".