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Interim Measures For The Transfer Of State-Owned Property Rights Management In Anhui Province

Original Language Title: 安徽省企业国有产权转让管理暂行办法

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(Summit 5th ordinary meeting of the Government of the People of Anguébé Province, 14 April 2008, considered the adoption of the Decree No. 209 of 19 April 2008 of the People's Government Order No. 209 of 19 April 2008, which came into force on 1 June 2008)

Chapter I General
Article I, in order to regulate the transfer of corporate property, strengthen the supervision of the transfer of corporate property rights, prevent the loss of corporate State assets and develop this approach in line with the relevant laws, regulations, such as the State Department's provisional regulations on the supervision of enterprise State assets.
Article II applies to enterprises holding State capital in the province (hereinafter referred to as the transferee) that have held corporate property rights that are transferred to the activities of foreign legal entities, natural persons or other organizations (hereinafter referred to as recipients).
This approach refers to the State's rights in relation to various forms of investment and investment in enterprises, as well as to the recognition by the State of all other rights and interests.
Article 3 transfers of corporate property should be subject to the provisions of laws, regulations and regulations, in accordance with the principles of openness, equity and justice, and in order to promote the optimization of State assets and to safeguard the legitimate rights and interests of States and other parties.
Article IV transfers of corporate property shall be carried out in public by a property transaction body established under the law without limitation of regional, industrial, financial or subordinate relations. The law, legislation and regulations provide otherwise, from their provisions.
The property trading body engaged in the transfer of corporate property rights is determined and published by the State-owned asset monitoring authority of the Government of the Provincial People.
Article 5 governs and oversees the transfer of State property in the province.
The State-owned asset monitoring authority in the provinces and the municipalities is responsible for the supervision of the transfer of corporate property.
The scheme referred to as a fund-raising venture, which refers to enterprises authorized by the Government of the municipality of the province and the establishment of the zone to carry out the responsibilities of the treasury.
Chapter II Approval process
The proposed transfer of corporate national property rights by an important sub-enter of its investments should be reported in advance to the National Asset Regulatory Authority, which, with the consent of the Government of the people at the current level, may prepare a national property transfer programme.
A sub-enterprise and other enterprises that finance enterprise investment are proposed to transfer corporate property titles, which should be submitted in advance to the agreement of the National Asset Regulatory Authority, may prepare a national property transfer programme.
The transferee and the operators of the companies that transfer the mark are involved in the acquisition of corporate State property rights and may not be involved in the development of a national property transfer programme.
Article 7
(i) The basic situation of the transferee and the transfermark;
(ii) A feasibility study on the transfer of corporate property;
(iii) Employer resettlement programmes, which are reviewed by the Labour Security Administration;
(iv) Claims, debt treatment programmes;
(v) The National Property Transfers Programme;
(vi) The main elements of a national title transfer announcement.
The transfer of corporate national property rights led the State to no longer have the status of the controlled unit, and the transfer of property rights programmes should also include the relevant debt agreements agreed upon by the creditor financial institutions, the resolutions of the General Assembly on the consideration of the Employerhood Programme.
Article 8. The transferee shall consider the enterprise's national property transfer programme in accordance with internal decision-making procedures and form a written resolution:
(i) The transfer of property rights by a State-owned enterprise for consideration by the office of the Director General;
(ii) The transfer of property rights by a State-owned company, which is considered by the Board, and the absence of a board of directors is considered by the office of the overall manager;
(iii) The transfer of State property from other companies is considered in accordance with the relevant provisions of the People's Republic of China Companies Act.
In relation to the legitimate rights and interests of workers, the views of the General Assembly of Employers on the State-owned property transfer programme should be heard.
Article 9. The transfer of corporate State property shall, in accordance with the terms of reference for approval under article 10, paragraph 1, of this approach, make written requests to the approval body and submit the following materials:
(i) Relevant documents for the transfer of corporate State property;
(ii) The National Property Transfer Programme of the Enterprise;
(iii) The registration of property rights for the transferor or the transfer of the mark;
(iv) Legal opinions from lawyers;
(v) The basic conditions to be met by the competent party;
(vi) Other material provided by the institution.
Article 10 Transfers of corporate State property, subject to the following provisions:
(i) The transfer of State property by the enterprise financed, approved by the National Asset Supervision Authority and reported on the current Government of the people; the transfer of corporate national property rights leads to the discontinuation of the State's position of the Control Unit and shall be submitted to the Government of the current people for approval.
(ii) The transfer of national property rights for sub-enter enterprises and other enterprises that are financed by enterprises, which are approved by the State Asset Regulatory Authority; the major national property transfer of important sub-enterprises should be reported to the Government of the people at this level.
The transfer of corporate property concerns the public management function of the Government and should be submitted in advance by law to the relevant sectors.
Article 11. The approval body for the transfer of corporate property shall be reviewed within 20 working days from the date of receipt of the written application submitted by the transferee, in accordance with the conditions for the written review of the granting of the transfer; incompatible with the conditions of the transfer, the reasons should be given to the transferor.
The transfer of corporate national property rights should be submitted to the Government of the people at the current level, which is approved by the State asset monitoring authority after the review of views.
Article 12. After the approval of the State-owned property transfer, the transferee changes the proportion of the transfer of property or the enterprise's national property transfer programme, which should be reproduced.
Chapter III Transfer procedures
The transferee shall, after the approval of the State-owned property transfer matter, carry out the liquidation of nuclear resources in accordance with the relevant provisions of the State and entrust the financial audit of the intermediary with the corresponding qualifications.
The transfer of corporate national property rights led the State to no longer have the status of the Control Unit, which was organized by the National Asset Regulatory Authority in accordance with the relevant provisions of the State and entrusted with financial audits by the intermediary with the corresponding qualifications.
Article 14. On the basis of the inventory of nuclear and financial audits, the transferee shall entrust the transferee with the undertaking of an asset assessment in accordance with the relevant national provisions. The results of the asset assessment are presented as a reference basis for determining the national property transfer price, either approved or submitted by the State asset monitoring authority.
The transferor shall not entrust the same intermediary with the financial audit and asset assessment operations.
Article 15. The transfer of corporate State property shall submit the following material to the property trading body:
(i) The basic situation of the transferee and the transfermark;
(ii) The enterprise national property transfer programme and related approval documents;
(iii) Financial audit reports on the transfer of marks, asset assessment reports and approval or documentation;
(iv) The basic conditions to be met by the competent party;
(v) Other material provided by State asset monitoring bodies.
Upon verification by the WIPO, a registration form for the transfer of corporate property was completed.
Article 16 The transferee shall entrust the corporate property transfer notice to the property transaction body for the publication of the economic or financial newspapers and property trading agencies that have been issued in public over the provincial level. The notice of corporate State property transfer shall not be less than 20 working days.
The notice of corporate State property transfer should include the following:
(i) The composition of the corporate property right to which the mark is transferred;
(ii) The basic circumstances of the transfermark and the transfer price;
(iii) In-house decision-making and approval of transfers of corporate property;
(iv) Data on key financial indicators for companies that transfer the mark in the near future;
(v) Approval or status of asset assessment for the transfer of tenders;
(vi) The basic conditions to be met by the competent party;
(vii) Other matters requiring notice.
Article 17 shall not be subject to the first base price for the transfer of corporate State property than the result of an asset assessment approved or submitted. The transferee may determine the new contract price on the basis of the circumstances and upon the approval of the enterprise-owned property transfer approval body, which is repressed by the property transaction agency on the source of information and recalculated the notice period.
Article 18 A notice of corporate State ownership transfer may be conditional on the qualifications, commercial credibility, business status, financial position, management capacity, asset size. The conditionality must not be clear-cut or contrary to the principle of fair competition.
The transferor shall not change the conditions of the granting of the notice of the transfer of corporate property. Prior to the failure of the WIPO to receive a formal request for expression of interest, the transferee shall report the approval of the enterprise-owned property transfer agency for approval and repress the notice by the WIPO in the source of information and recalculate the notice period.
After the publication of the publication of the National Title Transfer Procedural, the owner's trading body shall register in accordance with the relevant provisions of the State and determine the eligible beneficiaries of interest, in accordance with the provisions of the review of the interested parties.
The transfer of corporate property, such as tenders or auctions, by law, should be transferred by public solicitation for more than two interested parties; the creation of one interested party, could take an agreement to transfer corporate property, and the transfer price was determined in accordance with the wall price of the present notice.
In one of the following cases, an agreement may be taken to transfer corporate property in an agreement manner, with the approval of the State-owned asset monitoring authority of the Provincial Government:
(i) The transferee is a key industry, area, with special requirements for the licensee, and the transfer of corporate property rights should remain in the position of the State's absolute control unit;
(ii) The transfer of corporate property in the context of the reorganization of internal assets by the transferor, both the transferee and the disempowered enterprise.
An agreement was taken to transfer corporate State property rights, and its asset assessment report should be submitted to the provincial Government's State-owned asset monitoring authority for approval or filing, and the transfer price should not be lower than the approved or the asset assessment results.
The transferee shall enter into a national property transfer contract with the licensor after the determination of the licensor.
The State-owned property transfer contract shall include the following main elements:
(i) The name and residence of the transferee, the author;
(ii) Modalities and modalities for the transfer of tenders;
(iii) Employers resettlement programmes involving the transferor;
(iv) Claims and debt treatment programmes involving the transferor;
(v) Modalities and time frames for the transfer of prices and prices;
(vi) Removal of property;
(vii) The transfer of the related tax burden;
(viii) The manner in which the contract dispute is resolved and the breach of the obligation;
(ix) Contract changes and conditions for dismissal;
(x) Other matters to be agreed.
Article 2 The amount is much larger and one payment is difficult, and the way in which the instalment is made. The first instalment of payments shall not be paid less than 30 per cent of the total price and shall be paid within five working days from the date of the contract's entry into force; the remainder shall provide legitimate security and, in accordance with the payment of interest to the transferee in the same period, the payment period shall not exceed one year.
Article 23. The transfer of corporate State property leaves the State no longer in the status of the controlled unit and should be treated in accordance with the law with respect to the labour relations of the employee, the payment of social insurance payments by the transferee and other related costs and the maintenance of the relationship between the employee's placement and social insurance.
The costs associated with the transfer of corporate national property rights, such as the placement of workers, social insurance, shall not be deducted from the net assets of the State to be transferred prior to the assessment of the asset or shall not be offset by the transfer price.
Article 24 Transfers of corporate national property rights involving the transfer of land-use rights by State and the transfer of prospecting, mining rights by State funding should be governed by the law.
Article 25. The net proceeds from the transfer of corporate State property shall be disposed of in accordance with the relevant provisions of the State and the province.
Article 26 After the transfer of corporate State property rights, the property transaction agency should have a certificate of the property transaction.
The transferor, the licensor, should be subject to a title transaction certificate from the property transaction agency, to the relevant sector for the processing of the registration of a change in property rights.
Chapter IV Oversight management
Article 27 State asset monitoring authorities should strengthen oversight inspections of transfers of corporate property rights, as well as the collection, summary and analysis of information on corporate property transfers, and report regularly to the current people's Government on the transfer of corporate property.
Article twenty-eighth bodies engaged in the transfer of property rights in the State of the enterprise shall comply with the following provisions:
(i) Implementation of laws, regulations and regulations relating to the transfer of corporate State property;
(ii) Review, by law, the conditions of the State's transferee and the licensee;
(iii) The publication of information on the transfer of corporate property in accordance with the provisions;
(iv) Provide the relevant services, such as the national property transferee of the enterprise, the licensee to provide the transactional place, to conservative the transferee and the licensee's commercial secrets;
(v) To report regularly to the authorities of State-owned asset monitoring authorities of the Government of the province on the transfer of corporate property and problems;
(vi) Other matters set out by the State-owned asset monitoring authority of the provincial Government.
Article 29 indicates one of the following cases in the national property transfer of the enterprise:
(i) Lossss of a transfermark;
(ii) The State-owned property transfer approval body of the enterprise requires the transferee to terminate the transfer of property by law;
(iii) The failure of the judiciary to adjudicate the transfer of acts in accordance with the law;
(iv) Other circumstances in which transfers should be terminated by law.
Article 33 prohibits:
(i) No transfer of property by a property transaction agency;
(ii) The transferor does not carry out internal decision-making processes or does not authorize the transfer of corporate State property;
(iii) Participation in the acquisition of a transferor of corporate State property or the transfer of a mark's business manager and in the development of a national property transfer programme;
(iv) The transferor deliberately conceals assets that should be covered by the scope of the assessment, or provides false accounting information to the intermediary agencies, leading to financial audits, asset assessment results, or loss of corporate State assets without financial audit, asset assessment;
(v) The transferor's malicious collation with the licensee, the low-cost transfer of corporate property and the loss of State assets;
(vi) The transferee does not provide for the proper placement of the worker, the continuation of social insurance relations, the processing of the salary arrears of the employee and the social insurance premiums that have not been paid, and violates the legitimate rights of the worker;
(vii) The transferee does not deal with the debt of claims under the provisions, the transfer of claims in conflict with the law or the avoidance of liability for the liquidation of the debt, or the transfer of property rights in the country without the consent of the security right in the case of the owner;
(viii) The choice of the transferee and the contract for the transfer of property, by means of fraud, concealment;
(ix) In the context of competing prices for property transfer and in the auction, malicious collusion prices have resulted in loss of State assets;
(x) Other acts to be prohibited by law.
Article 31 should establish a reporting system for State asset monitoring authorities and inspection bodies, public reporting of telephones, communications addresses or e-mail addresses, and receive reports of transfers of corporate property.
Any unit or person has the right to report to the State-owned asset monitoring body and to the inspectorate. The State asset monitoring authority and the inspectorate shall be treated in accordance with the law.
Chapter V Legal responsibility
Article 32, in the transfer of corporate national property rights, the transferee and the licensee have one of the acts listed in article 33 of this approach, and the State-owned property transfer approval body shall require the transfer party to terminate the transfer or to initiate proceedings before the People's Court to render the transfer invalid.
The transferee has a direct responsibility and other direct responsible person in the act listed in article 30 of this scheme, which is subject to administrative disposition by the enterprise State-owned property transfer approval body in accordance with the terms of personnel management; the loss of State-owned assets shall be borne by law. Due to the responsibility of the dispersed, the loss of State assets should be compensated by the author for the economic losses of the transferor in accordance with the law. Crime constituted criminal liability by law.
Article 33 XIII of the Social Intermediation Body violates the relevant laws, regulations and regulations in the financial audit, asset assessment and legal services of the transfer of property by the State of the enterprise, which, in the event of a serious nature, may require the transferee not to entrust the transferee with the relevant business relating to the transfer of corporate State property.
The corporate property transaction agency does not have recourse or omissions in the transfer of State property, undermines the interests of the State or the legitimate rights of the transferee, the legitimate rights and interests of the lender and the person directly responsible by law, and the State asset monitoring authority shall not select its relevant business in the transfer of corporate State property.
Article 34 quantify the State-owned property transfer approval body and its staff members in violation of the provisions that authorize the transfer of corporate State property or the transfer of authority, resulting in the loss of State-owned assets and the administrative disposition of persons directly responsible, by the relevant authorities in accordance with the terms of personnel management; and constitute an offence, criminal liability under the law.
Annex VI
Article XV Transfers of State property in the financial category and transfer of State authority in the municipality are implemented in accordance with the relevant provisions of the State.
Article 36 Transfers of corporate property held by the Principal Government's Finance Unit, which is not yet separate from government units and other units, are governed by this approach.
Article 37 of this approach is implemented effective 1 June 2008.