What is Privatization Agency of Kosovo (PAK)?
The Privatization Agency of Kosovo is established as an independent public body which exercises its functions and responsibilities in a completely independent manner, based on the Law of the Assembly of Kosovo. No. 04/L-034 on amending and supplementing the law No. 05-/L-080 supplemented and amended by law No. 04/L-115 on the termination of international supervision of Kosovo's independence and amending and supplementing the law No. 06/L-023.

How can I have access to official documents? 
Law 06/L-081 guarantees the right of every person, without discrimination on any grounds, to have access to public documents, produced, received, held or controlled by public institutions, as well as the right to reuse public sector documents. The request may be made by the person, in writing, in electronic form, or verbally. 

How can I file a complaint if I have a dispute with PAK?
You can send your request by addressing the Officer for Access to Public Documents via e-mail address: fitore.gagica@pak-ks.org. The agency will respond to you within the time limit specified in the law in question.. Form for submitting a request for access to public documents
You can file a formal complaint with the PAK according to the established legal procedures. Information on the complaints procedures can be found on the KPA website or you can contact the Agency directly for clarification.

How can I stay updated on the publications of PAK?
To be notified of all asset sales or lease announcements at PAK, you can send an email to the following address: marketing@pak-ks.org

Are there any restrictions on purchasing an asset from the PAK?
Yes, there are some legal restrictions. Details on these restrictions are set out in the Rules of Tender.

How can I learn more about the list of assets offered for sale?
The PAK launches the Asset Sale periodically, for which it publishes announcements on the Agency's official website, national televisions, electronic media, and sends e-mails and SMS notifications to interested parties and all potential investors registered in its database. The list of assets offered for sale is published on the PAK's official website. 

How can I submit the bid for an asset offered for sale?
The bidding process is guided  by the Rules of Tender and Sales Procedures, which can be found on the PAK website.

What information should I request from the PAK?
You should request the tender dossier for the asset you are interested in bidding for, which will be made available to you after signing the confidentiality agreement. You will receive the Information Memorandum, ownership documents, legal documents and other relevant information. 

If I am not inside Kosovo, how can I access the documents for the tendered assets? 
To access the tendered asset documents, you can contact the marketing office via email address: marketing@pak-ks.org

How can I know the location of the published asset?
For each published asset, the approximate location is also set via Google Maps, which you can find by accessing the PAK website and clicking on the brief description for the published asset. The locations indicated by the PINs on Google Maps are provided for general orientation and reference purposes only!

Can I make a site visit to see the assets?
Yes, PAK organizes site visits for each tendered asset. To arrange a visit, contact the marketing office via email: marketing@pak-ks.org. 

Do I have to pay for the site visit?
No, the visits are organized free of charge by PAK to assist potential buyers.

What happens if I do not fulfill my obligations as the winner of a tender?
If a winning bidder fails to fulfill its obligations under the  rules of tender, it may lose the right to complete the purchase and may be penalized under the conditions set forth in the rules of tender.

What does the minimum orientating price mean?
The minimum orientating price is the minimum price estimated by the PAK for the sale of an asset.

When is the orientating price published?
The orientating price is published in the public announcement of the sale, the relevant tender documents and on the PAK website.

How is the orientating price for buildings and land presented?
For buildings, the orientating  price is presented in €/m², while for land, the price is presented in €/are.

How is the minimum asset price determined?
The minimum price is determined in two ways:
a) From the value of properties determined by the Ministry of Finance through the Property Tax Department;
b) From the average of PAK sales over the last 3 years.

How is the asset category determined?
The category is determined based on:
•    Current use of the property
•    Potential use in the future

What are the asset categories?
Assets are divided into:
🏡 Residential
🏢 Commercial
🏭 Industrial
🌾 Agricultural

What does assistance from PAK staff mean??
You can contact the responsible PAK staff for additional information regarding the tendered assets, the bidding process or even assistance on bid preparation.  

How should a bid be prepared??
You can be informed about the preparation of the bid by:
•    Contacting the PAK marketing office
•    Downloading the bidding guideline from the PAK website
•    Watching the instructional video published in each asset sale advertisement

Can someone else submit the bid for me?
Yes, your bid can be submitted by a friend or other representative for you. They will receive a receipt for the submission.

How to pay the deposit and bid submission fee?
Payment of the deposit and bid submission fee is made through bank transfer to the relevant PAK bank accounts. 
Evidence of these transfers MUST be part of the submitted bid, otherwise your bid will be invalid!

If I am not the winner, within how many days will I receive the bid deposit?
The Agency will make every effort to return your bid deposit within 10 (ten) business days after the end of the bid submission period.

If I am not inside Kosovo, can I make an international transfer to pay the deposit and bid submission fee? 
Yes! Instructions for international transfers can be found on the PAK website, in the asset sales announcements, and you can also request them via email marketing@pak-ks.org

Can I submit my bid by mail?
No. You must physically deliver the bid envelopes. 

What is the deadline to complete the payment for the purchase of the offered asset?
After approval of the sale price by the Board of Directors, the Agency will invite the highest bidder to make payment according to the following terms:
•     For bids up to €499,999, payment must be made within 45 working days from the date of notification.
•     For bids of €500,000 to €999,999, payment must be made within 45 working days from the date of notification.
•     For bids of €1,000,000 or more, payment must be made within 60 working days from the date of notification.

What is the deadline for signing the sales contract?
The Agency and the provisional winning bidder will make all reasonable efforts to sign the sales contract within 20 business days from the date of full payment of the sales price.
 

Does PAK offer assets for lease?
Yes, the PAK announces the lease of buildings and land in various regions of Kosovo.

How can I apply for a lease?
You can apply for a lease by following the announcements on the PAK website and submitting the application within the specified deadline.

Does the PAK offer the possibility of direct asset sales?
Yes, the PAK may conduct direct asset sales in special cases, when an asset has not been sold through the regular tendering process or when there are strong reasons justifying this approach in accordance with the regulation on the sale of assets of a specific nature.

In which cases do direct sales take place?
Direct sales can only take place in the following cases:
•            The asset has a specific character according to the factual and legal situation defined in the relevant regulation.
•            Cadastral plots on which there are buildings with the permission of the SOE or PAK, in which case the relocation of the buildings is impossible
•            Cadastral plots on which there are constructions without the permission of the SOE or the approval of the PAK in which case the restoration of the previous state is impossible or brings economic damage to the value of the asset. Constructions that are not visible in the aerial survey at the end of 2018 will not be included in the direct sale process.
•            Cadastral plots or a certain part of the plot which according to the factual situation is an integral part of the private property compound or has no access to the road
•            When there is co-ownership of an asset between the SOE and the applicant, in which case each co-owner has the right of pre-emption 
•            When the sale of the enterprise's assets has failed due to a lack of bids for a number of tenders as provided for in the provisions of the sale procedures
•            When the direct sale procedure is initiated by a legal or natural entity in relation to an SOE, assets or part of its assets which are located outside the territory of Kosovo and its assets cannot be subject to the transformation process

How can I apply for direct sales?
Interested persons must submit an official request to the PAK, specifying their interest in a particular asset and submitting the necessary documentation.

Is the direct sales process transparent?
Yes, PAK applies the principles of transparency and competition in all sales procedures, including direct sales. Every decision is made in accordance with the relevant rules and procedures.
The required documentation is defined in the PAK regulation approved by the Board of Directors. 

What documentation is needed to participate in direct sales??
The value of the asset is identified through the Ministry of Finance's electronic platform for property tax published at the following link: https://tatimineprone-rks.org/emaps/valuezone/sq. The identified value includes the property classification, the property value category and the value level per m2 in a specific value zone (geographical zone). 

How is the price determined in direct negotiations?
Yes, there are restrictions set out in the PAK regulation approved by the Board of Directors. 

What is the liquidation process?
Liquidation means the legal process that includes the sale of the assets of an Enterprise, the distribution of the proceeds in accordance with Article 40 of the Annex to Law 04/L-034 and the cessation of the existence of the Enterprise in accordance with the provisions of this Annex;

How are the parties notified of the commencement of the liquidation procedure?
Pursuant to Article 7 of the Annex to the Law on the PAK No. 04/L-034 and the Instruction of the Special Chamber of the Supreme Court of Kosovo (SCSCK), the PAK publishes the notice of the commencement of the liquidation on the portals, RTK1, RTK2 and on its official website. This notice includes the deadline for submitting requests and additional information on the application procedure.

How can I file a claim as a creditor or interested owner?
Any natural or legal person claiming to have a claim or interest against an SOE in liquidation must submit a Proof of Claim and/or Proof of Interest within the deadline specified in the relevant PAK notice. Forms and instructions for submission are available on the official PAK website.​

What is the Proof of Claim and who is entitled to submit it?
The Proof of Claim is the document through which a creditor claims that the SOE owes them a debt. Any person or entity claiming to have a claim against the enterprise in liquidation has the right to submit this proof within the deadline set by the PAK.

What documents should be included in the Proof of Claim?
Documents that should be included are: contracts, invoices, court decisions or any other evidence that substantiates your claim. It is important that the documentation is complete and clear to facilitate review by the relevant authorities.​

What is Proof of Interest?
Proof of Interest is the document submitted by persons claiming to be owners or co-owners of the assets of the SOE, and who seek to be included in the remaining distribution of the assets after the completion of the liquidation.

What happens after submitting the request?
After submitting the request, the Liquidation Authority reviews the request and makes a decision on its approval or rejection and sends it to the claimant.
Yes, if you are not satisfied with the decision, you can file an appeal with the Special Chamber of the Supreme Court of Kosovo (SCSCK) within 30 days from the date of receipt of the decision, in accordance with Law No. 06/L-086 on the Special Chamber of the Supreme Court of Kosovo.

Can you appeal against the decision of the Liquidation Authority?
If the available funds of an SOE are not sufficient to meet all approved requirements, the distribution of funds is made according to the priorities set out in the Annex to the PAK Law No. 04/L-034.

What happens if the funds of the SOE in liquidation are not sufficient to cover all approved claims?
If your claim is approved, but the funds are not sufficient to cover all approved claims, you may receive a partial payment according to the priorities set out in the Annex to the PAK Law No. 04/L-034 and the availability of funds. In some cases, there may be no payment at all if the funds are insufficient to cover the higher priority claims or the SOE has no assets to sell.​

Can I file an appeal if I am not satisfied with the Liquidation Authority's Decision and/or the partial payment I received?
Yes, if you are not satisfied with the Liquidation Authority's Decision or the partial payment you have received regarding your claim, you have the right to file an appeal with the Special Chamber of the Supreme Court of Kosovo (SCSCK) within the legally established deadline.

What is meant by the closure of a Socially Owned Enterprise (SOE)?
The closure of an SOE is the final stage of the liquidation process, when the enterprise is considered legally closed and no longer exists as a legal entity. This process occurs after the settlement of liabilities, the completion of asset distribution procedures and the closure of all open issues.

Who decides on the closure of an SOE?
The Board of Directors of the Privatization Agency of Kosovo (PAK) is notified of the final report of the respective SOE, while the approval of the final report is made by a Decision from the Special Chamber of the Supreme Court of Kosovo (SCSCK).

Can an SOE be reopened after it is closed?
No. After the closure is approved by the PAK and officially published, the SOE cannot reopen or function as a legal entity.

How are the parties notified of the closure of a SOE?
The PAK publishes the closure notice on its official website and sends a notification to the relevant institutions. This notice contains information on the final status of the SOE and confirms its legal closure.