Advanced Search

Interim Provisions For The Board Of Supervisors Of State-Owned And State-Holding Companies In Urumqi

Original Language Title: 乌鲁木齐市国有及国有控股公司监事会暂行规定

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

(Adopted at the 53th ordinary meeting of the People's Government of Uruz on 5 June 2007 for adoption by Decree No. 86 of 30 June 2007 No. 86 of the Order of the Government of the Hurrazi city of Uluqi (Act of 1 August 2007)

Chapter I General
Article 1 strengthens the supervision of State-owned and State-owned companies, regulates the conduct of treasury units, ensures the value added of the State's asset insurance and develops this provision in line with the People's Republic of China Companies Act, the State Department's provisional regulations for the management of enterprise State assets and the provisional regulations of the National Enterprise.
Article 2
Article 3 is responsible for organizing the implementation of this provision by the State-owned asset monitoring authority in the city.
Article IV is at the core of financial supervision and is governed by the law by corporate financial activities and by the operation of corporate heads to ensure that the legitimate rights and interests of the fund are not violated.
Chapter II Composition of the Bureau
Article 5
Article 6
Article 7
Article 8. The National Excellence Corporation is responsible for and reporting to the municipal State-owned asset monitoring authority.
Article 9
Article 10
The Head of State Control Unit is appointed by the municipal State-owned asset monitoring authority and is elected by law.
Article 11. The proportion of the employee's representation in the State Control Unit shall not be less than one third, with the specific proportion specified in the corporate statute. Staff representatives shall be elected by the corporate worker through the Staff Union Congress, the Employees' Congress or other forms of democracy.
Article 12 Capital operators authorized by the Government of the commune may assign their members to the Board of Governors and to the Chairman of the CPD, but the candidate of the proposed President shall be submitted in advance to the approval of the ESCO.
Article 13 states that the State Control Unit is responsible for and reporting to the municipal State-owned asset monitoring authority, corporate shareholders.
Article 14. The members of the National Asset Regulatory Authority of the city may serve as a member of the National Excellence and the corresponding office of the National Control Unit.
Article 15. The term of office of the head office shall be three years and the institution or shareholders shall not be removed without delay.
The term of office expires and may be re-elected, but the members of the National Asset Regulatory Authority appointed by the City shall be reappointed up to two times the same company.
Article 16 has not been promptly confirmed or re-elected for the term of office, or the resignation of the prison office within the term has resulted in a lower number of members of the institution and, prior to the appointment of a new prison, the former should perform its functions in accordance with the provisions of the laws, regulations and corporate statute.
Chapter III Conditions of service
Article 17, the President of the National Excellence Corporation and the Head of State Control Unit, shall normally be staffed by the State, the Deputy District (office) level, who are under the age of 58 years, and the assignment shall normally be staffed by the national staff of the country at the end of 55 weeks.
Article 18
(i) Acquaint with relevant national legal, regulatory and regulatory regimes;
(ii) To uphold the principle of integrity and integrity;
(iii) There are financial, audit, financial and legal expertise that are more familiar with corporate business management;
(iv) There is a stronger integrated analytical, judgement and writing capacity and independent working capacity;
(v) There are higher education, physical health and adaptation needs.
Article 19
(i) There is a high level of policy doctrine, objective justice and good practice;
(ii) A stronger organizational coordination capacity and analytical judgement capacity to familiarize themselves with economic work;
(iii) Over five years of corporate management or re-election in the economic sector.
Article 20 states that members of the National Asset Regulatory Authority shall be subject to the principle of avoidance and shall not be assigned to their offices of companies that have been governed by the industry, companies that have worked or whose close relatives serve as senior management positions.
Article 21 states that:
(i) There is no civil capacity to conduct or to limit civilian capacity;
(ii) The imposition of sentences for corruption, bribery, confiscation of property, misappropriation of property or damage to the economic order of the socialist market, the execution of which was not more than five years, or the denial of political rights by the offence of execution for more than five years;
(iii) A company, a director of the enterprise or a head of the plant, a manager who has personal responsibility for the insolvency of the company, the enterprise, which has no more than three years since the date of the liquidation of the enterprise in insolvency;
(iv) To serve as a license for the suspension of business in violation of the law, a company that is responsible for the closure of the business, a legal representative of the enterprise and has a personal responsibility for not exceeding three years from the date on which the company, the business was revoked;
(v) The amount owed by the individual has expired.
Chapter IV
Article 22 exercises the following functions:
(i) Inspection of corporate finance;
(ii) To monitor the conduct of directors, senior managers in the performance of corporate functions, and to make recommendations for dismissal against directors of violations of laws, administrative regulations, corporate constitutions or fund-raising resolutions;
(iii) When a director, a senior management act undermines the interests of the company, the director and senior management are requested to rectify it;
(iv) It is proposed to convene and preside over the meetings of the shareholders in the event that the Board does not fulfil the responsibilities of the Conference of the People's Republic of China, as set out in the Companies Act;
(v) Submission of proposals to the shareholders' conference;
(vi) In accordance with the relevant provisions of the People's Republic of China Companies Act, prosecute directors, senior managers;
(vii) Other functions under the corporate statute.
The National Excellent Corporation exercises the functions set out in subparagraphs (i) to (iii) of the previous paragraph and other functions required by the State-owned asset monitoring authorities in the city.
Article 23 may be included in the Board's meetings and provide advice or advice on matters of the Board's resolutions.
Article 24 of the CMS, a company that does not have a treasury, found that the company's business was unusual and could be investigated and, if necessary, the intermediary agencies, such as the accounting service, could be employed to assist its work and the costs borne by the company.
In accordance with the supervision of the company, the National Excellence Board may, through the National Asset Control Authority, recommend that the Government of the city conduct its audit of the company by law.
Chapter V Work system
Article 25 should be held at least once every year or at every six month, and the Office may propose the convening of an interim conference.
The State-owned company's Excellence shall be held every quarter.
Resolution 26 should be adopted by more than half of the prisons.
The Bureau shall make a record of the meetings of the decisions taken on the matter under consideration and shall sign the record of the meeting.
Article 27, the President of the CPA, who cannot perform his or her duties or do not perform his or her duties, is co-located by more than half of the treasury and presided over a conference.
Article 28 usually conducts regular inspections of companies on a regular basis every year and may conduct specialized inspections on the basis of actual needs.
Article 29 conducts oversight inspections and may take the following:
(i) Hearing reports on financial, asset status and management, and convening meetings related to oversight matters in companies;
(ii) Access to financial accounting information, such as financial accounting reports, accounting vouchers, accounting books and other information relevant to the operation management activities;
(iii) Examination of the financial, asset situation of the company, knowledge of the staff, hearing and, if necessary, request clarification from the relevant head;
(iv) Survey of the financial situation and management of companies to the relevant sectors and banks, such as finance, business, tax, audit, customs.
Article 31 should provide timely inspection reports after each inspection of the company. The inspection reports include: corporate finance and business management evaluation; business management performance evaluation of corporate heads of companies, awards and dismissals; corporate problems-based recommendations; and other matters considered by the treasury or by the treasury.
Article 31 Inspection reports were discussed by members of the Bureau and were signed by the President of the CEO, by the National Asset Regulatory Authority of the city, which was sent to the relevant sectors of the city's finance, business, tax, audit, etc., after the Government of the city.
There is a principled difference in the inspection reports and should be described in the inspection reports. The inspection reports should be reported within 20 days of the date of the inspection.
Members of the Board must be kept confidential to the contents of the inspection reports and shall not disclose the commercial secrets of the company.
In the supervision of the inspection, CIMC found that the company's conduct could endanger the security of State assets, result in loss of State assets or violations of the rights and interests of the financier and other emergencies that should be reported immediately, and that specific reports should be submitted to the municipal State asset control authorities in a timely manner, or directly to the city's people.
The State-owned asset monitoring authorities in the city should strengthen their linkages with the municipalities' financial, business and auditing sectors and inform each other.
Article 34, all relevant sectors of the Government of the city should support the CPA in carrying out its oversight duties and provide timely information and information to the CPA.
Article 33 fifteenth companies should submit financial accounting reports on a regular basis, and report on significant business management activities in a timely manner, without denying, concealing and false reporting.
Article 36 shall not accept any gift from the company; shall not participate in activities such as corporate arrangements, organization or payment of royalties, recreation, tourism, travel, etc., which are not relevant to this work; and shall not be profitable in the company for themselves, friends or others.
The members of the National Asset Regulatory Authority of the City shall not accept any compensation, welfare treatment of the company; nor shall the costs associated with the performance of their duties be reimbursed by the company.
The requirements for the operation of the National Excellence Corporation are financed by financial allocations and are consolidated by the municipal State Asset Regulatory Authority and earmarked.
The costs required for the exercise of its duties by the State Control Unit, which is borne by the company.
Article 338, in the exercise of corporate functions, violates the provisions of the law, administrative regulations or corporate statutes, which cause losses to companies and should be subject to liability.
Article 39 of the State-owned asset monitoring authority of the municipality shall conduct regular evaluation of the members of the board.
Chapter VI Legal responsibility
Article 40 member of the National Asset Regulatory Authority of the city has one of the following acts, giving administrative or disciplinary action under the law until the removal of the office is carried out; and constituting the offence, to be criminalized by law:
(i) The concealment or gross negligence of the major violations committed by companies;
(ii) A series of false inspection reports with companies;
(iii) Other violations of this provision.
Article 40 consists of one of the following acts, disciplinary action by law against the competent and other persons directly responsible, until the dismissal of their duties; and criminal liability by law:
(i) To reject, impede the performance of the duties of the POW in accordance with the law;
(ii) To deny, without undue delay, information on the financial situation and the management of business;
(iii) Constraints, alterations, false reporting and information;
(iv) There are other actions that impede the supervision of the inspection by the CPA.
Article 42 found that members of the National Asset Regulatory Authority of the city had breached the present provision, the company had the right to report to the municipal State-owned asset monitoring authority or to report directly to the Government of the city.
Chapter VII
Article 43 XIII provides for special provisions for the supervision of companies and other special industries in the State Control Unit.
Article 44