Interim Measures For The Assessment Of State-Owned Assets Supervision And Management Of Financial Enterprises

Original Language Title: 金融企业国有资产评估监督管理暂行办法

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(October 12, 2007 Ministry of finance publication of the order come into force on January 1, 2008, 47th) &obsp; chapter I General provisions article in order to strengthen financial supervision and management of State-owned assets assessment, standardize financial enterprise State-owned assets assessment, maintaining the legitimate rights and interests of the owner of State-owned assets, according to the relevant laws, administrative regulations and the relevant provisions of the State Council, these measures are formulated.     Article in the People's Republic of China territory is established according to law, and possession of assets of State-owned financial companies, financial holding companies, guarantee companies (hereinafter referred to as financial firms) of assets assessment, these measures shall apply.     Disposing bad assets of financial asset management companies to assess other provisions from its provisions.     Third financial Department of the people's Governments above the county level (hereinafter referred to as the financial sector) in accordance with the principles of unified policies and hierarchical management, supervision and administration of the financial asset assessments.     Superior financial departments subordinate financial sector supervision and management of financial assets assessment guidance and supervision.     Article fourth asset assessments asset evaluation agencies should comply with the relevant laws, regulations and administrative rules, as well as the asset-assessment criteria and standard of practice, responsible for the legality, authenticity and rationality of the evaluation report, and assuming responsibility.     Asset evaluation clients and provide information on related parties shall be responsible for the authenticity, legitimacy and completeness of the information provided by. Fifth financial enterprise shall not entrust the same intermediary to the same economic activities through asset evaluation, audit, accounting and business services.     Financial officials and agency when there is an interest that may affect the impartiality of the practice and should be avoided.     Second chapter assessment matters sixth article financial enterprise has following case one of of, should delegate assets assessment institutions for assets assessment: (a) overall or part restructuring for limited responsibility company or Corporation of; (ii) to non-currency sex assets foreign investment of; (three) merged, and Division, and liquidation of; (four) non-listed financial enterprise State-owned shareholders equity proportion changes of; (five) property transfer of; (six) assets transfer, and replacement, and auction of; (seven) claims turned equity of;     (Eight) debt restructuring of; (nine) accept non-currency sex assets mortgage or pledge of; (10) disposal bad assets of; (11) to non-currency sex assets debt or accept debt of; (12) acquisition non-State-owned units assets of; (13) accept non-State-owned units to non-currency sex assets funded of; (14) determine lawsuits assets value of; (15) legal, and administrative regulations provides of should for assessment of other case. Seventh article financial enterprise has following case one of of, on related of assets can not for assets assessment: (a) County above Government or its authorized sector approved its belongs enterprise or enterprise of part assets implementation free designated turned of; (ii) State-owned owned enterprise and its subordinates of owned enterprise Zhijian, or its subordinates owned enterprise Zhijian of merged, and assets or property replacement, and transfer and free designated turned of; (three) occurred times with type of economic behavior Shi, same assets in assessment report using validity within,     And assets, market conditions are not a significant change; (d) marketable equity transfer of listed companies.     Eighth article need assets assessment Shi, should according to following situation for delegate: (a) economic behavior involved of assessment object belongs to financial enterprise corporate property of, or financial enterprise accept non-State-owned assets of, assets assessment by financial enterprise delegate; (ii) economic behavior involved of assessment object belongs to financial enterprise funded people right of, assets assessment by financial enterprise funded people or its superior units delegate.     Nineth appraisal reports on the economic behavior of financial enterprises, valid for 1 years from the reference date.     Chapter approval and for the record tenth enterprise financial assets valuation and recording system for the implementation of approved projects.     11th enterprises the following economic activities involving financial assets valuation, assets appraisal project approval: (a) the approved restructuring reforms, proposed in domestic or overseas listing, to non-monetary asset and economic behavior of foreign joint venture or cooperative business; (b) approved by the people's Governments above the county level of other State-owned property right alteration of economic behavior. Central corporate financial assets valuation project report and approved by the Treasury.     Local company financial assets valuation project report approved levels for the financial sector.     12th need approval of asset assessment, financial firms should be in front of the appraisal report to financial authorities the following: (a) the approval of related economic activity; (b) the valuation date selections, (iii) assets determine the scope of the assessment of the situation and (iv) selection of assets evaluation agencies and (v) assets evaluation schedule.     13th article of assets evaluation assessment reports issued by the Agency, financial firms should be escalation approval, since the proposed valuation date within 8 months from the financial sector appraisal projects approved applications.     14th article financial enterprise application assets assessment project approved Shi, should to financial sector submitted following material: (a) assets assessment project approved application file; (ii) financial enterprise assets assessment project approved table (including: assets assessment project basic situation and assets assessment results, see annex 1, a type a copies); (three) and assets assessment purpose phase corresponds to of economic behavior approved file and the implementation programme; (four) assets assessment report and the electronic document; (five) according to provides should for audit of audit report.     To be overseas and Hong Kong S.A.R. listing shall also be submitted in conformity with the relevant provisions of the report. 15th financial department upon receipt of the application for approval, the application materials are incomplete or not in compliance with the statutory form, shall inform the applicant in writing within 5 working days once all need correction.     Application materials are complete and comply with the statutory format, or the applicant requested correction all application materials should be considered.     To accept the application or not to accept the application, should be issued to the applicant dated written confirmation (see annex 2). 16th the financial sector after the acceptance of the application, application materials should be reviewed. Application material meet following requirements of, financial sector should Organization experts on assets assessment report for review: (a) assets assessment project by involved of economic behavior has get approved; (ii) assets assessment benchmark day of select appropriate; (three) assets assessment according to appropriate; (four) assets assessment range and economic behavior approved file determine of assets range consistent; (five) assets assessment program meet related assessment guidelines of provides; (six) assets assessment report of validity has Express; (seven) delegate party and provides information of related Dang     Parties have been provided by the asset management authority documents and other information on authenticity, legitimacy, integrity and commitment. Financial departments shall, within 20 working days after accepting the application make a written decision on whether to.     Make a written decision that are not approved, reasons shall be given.     Organize the experts the time required is not included in the provisions of the preceding paragraph within the period.     Article 17th unless these measures outside the 11th article of the economic behavior of other economic activities, asset evaluation should be carried out, asset account record. 18th Central direct management of enterprise financial assets valuation project report finance records. Central direct management of financial enterprises subsidiary, provincial branch offices or branch offices, financial asset management companies assets at book value is greater than or equal to 50 million yuan in assets valuation project, directly managed by the central financial companies after the audit report of the Ministry of finance the record.     Central direct management of financial enterprises subsidiary, provincial branch offices or branch offices, financial asset management companies carrying total assets of less than 50 million yuan of assets assessment project, as well as subsidiary companies, banks (city, County)-class sub-branch asset assessment project, Central direct management of financial record.     Local corporate financial assets valuation project records, determined by the provincial financial department according to the actual situation of the region.     Article 19th of assets evaluation assessment reports issued by the Agency, financial firms should be escalation audit, valuation date within 9 months from the financial sector (or financial) asset assessment application.     20th article financial enterprise application assets assessment project record Shi, should submitted following material: (a) financial enterprise assets assessment project record table (including: assets assessment project basic situation and assets assessment results, see annex 3, a type three copies); (ii) and assets assessment purpose phase corresponds to of economic behavior approved file; (three) assets assessment report and the electronic document; (four) according to provides should for audit of audit report.     21st financial sector (or financial) upon receipt of the filing, shall, within 20 working days to decide whether filing procedures.     On material complete, and meet following requirements of, financial sector (or financial enterprise) should handle record procedures, and will assets assessment project record table back assets occupies enterprise and submitted Enterprise retained: (a) assets assessment project by involved of economic behavior has get approved; (ii) assets assessment range and economic behavior approved file determine of assets range consistent; (three) assets assessment program meet related assessment guidelines of provides;     (D) the principal and related parties have provided information on the ownership of assets provided by documents and other information on authenticity, legitimacy, integrity and commitment.     Materials are incomplete or do not meet the above requirements, the financial sector (or financial) no filing procedures, and state the reason in writing. If necessary, the financial sector (or financial) to organize experts to review.     Expert review does not calculate time required within the period specified in the first paragraph of this article. 22nd Involves a number of property investors, according to the State-owned financial enterprise unit is the largest shareholder of the financial affiliation to apply for approval or for the record.     State-owned shareholding ratio equal, consultation may appoint one of the parties in accordance with its financial affiliation to apply for approval or for the record.     For approval or for the record financial firms should be approved or filed informed property investment.     Article 23rd financial granted project approval documents from departments and the financial sector (or financial) table record asset assessment project is a financial enterprise property right registration, equity and property rights transfer of necessary materials and other related procedures. 24th financial firms with assets corresponds to the assessment of economic behavior, should be based upon approval or for the record of the assets valuation result is a price reference.     When the trading price when the results differ by more than 10% and asset evaluation, different causes to the financial sector should be (or financial) made written statements.     Fourth chapter article 25th of supervision and inspection of financial enterprises should establish a sound financial asset assessment management system, improve the file management, strengthening the statistical analysis.     26th or above the provincial level financial departments should supervise and inspect the financial asset assessment and, if necessary, you can extend the asset evaluation agencies to check.     27th provincial financial departments shall before March 31 in each year, financial firms to the region the previous year supervision and inspection of assets evaluation, problems and treatment by the Ministry of finance.     28th financial authorities above the provincial level shall monitor problems discovered in the inspection, to inform the regulatory authorities in a timely manner.     Fifth chapter penalty provisions article 29th financial wrongdoing in the asset valuation of enterprises in accordance with relevant laws, administrative regulations and penalties. 30th financial enterprises in violation of the relevant provisions by the rectification of the financial sector.     Has following case one of of, by financial sector give warning: (a) should for assets assessment and not for assessment of; (ii) should application assets assessment project approved or record and not application of; (three) delegate no assets assessment practice industry qualification of institutions or personnel engaged in assets assessment of, or delegate same intermediary institutions on same economic behavior for assets assessment, and audit, and accounting business service of.     31st asset evaluation agencies or staff in evaluation of financial assets in breach of the provisions of, or above the provincial level financial departments in accordance with law, and penalties.     Article 32nd financial sector staff in the supervision and administration of assets assessment of abuse of power, negligence, malpractice, or leak trade secrets of financial firms, and shall be given administrative sanctions, criminal, transferred to the judicial organs according to law.     Sixth chapter supplementary articles article 33rd provincial financial departments in accordance with this approach, combined with the actual situation of the region, formulate specific implementing measures.     Article 34th on the people's Bank of China, Head Office owned enterprise asset supervision and administration of the assessment, in accordance with the measures implemented.       35th article of the rules implemented on January 1, 2008. Annexes: 1. financial assets assessment project approval 2-1. projects accepted asset valuation approved by notice of application 2-2. inadmissible asset evaluation application for project approval 3. enterprise financial assets valuation project application form Annex 1: Annex 2-1:2-2 in the annex: Annex 3:

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