Interim Measures For Property Right Transaction Management In Shaanxi Province

Original Language Title: 陕西省产权交易管理暂行办法

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(January 23, 2007 the 120th release from the people's Government of Shaanxi Province as of March 1, 2007) first in order to standardize property right transaction, promote the orderly flow of property rights, promote the development of the property market, maintaining the trade interests, in accordance with the relevant laws and regulations, combined with the facts of the province, these measures are formulated. Article property trading activities in the administrative area of the province, these measures shall apply.
    Otherwise provided by laws and regulations, from its provisions.
    Article property rights mentioned in these measures refers to ownership of property and property rights relating to the ownership or the right of property, including property rights, creditor's rights, ownership and intellectual property rights. Property rights transaction in these measures refers to property subject to lawful possession of property, through the transfer of the property right trading institutions.
    Specific including: (a) non-company business enterprise of property transfer; (ii) company business enterprise of produced (unit) right transfer; (three) Enterprise tangible assets, and intangible assets and the property right of transfer; (four) administrative institutions State-owned assets of transfer; (five) technology results, and patent technology, intellectual property of transfer; (six) legal, and regulations provides should in property trading institutions public for of other business.
    The equity transactions of listed companies in accordance with the relevant provisions of the State.
    Fourth property transaction should follow the equality, honesty and principles of openness, fairness and justice.
    Fifth article of the property transaction management and coordination of the provincial governments determine property rights transaction management (hereinafter referred to as property right transaction management) in charge.
    Other relevant departments according to their respective duties, in collaboration with property management departments of supervision and administration of property rights trading.
    Article sixth property right trading institutions are approved by the provincial people's Government established, not for profit for the purpose of providing places for transactions of property rights, information and service of legal persons.
    Property right trading institutions shall have sound regulations, rules and other systems.
    Property right trading institutions may establish branches as needed.
    Article seventh State-owned property rights in property right trading institutions should be public, encourage and guide the other traded property right entering into property right trading institutions.
    Article eighth title transaction parties including transferor and transferee. Transfer refers to the transfer of the subject matter of the rightful holder, the transferee is the transfer of the subject matter of the buyer.
    Subject should have full capacity for civil conduct property transactions, to independently assume civil responsibility of citizens, legal persons or other organizations. Nineth transfers ownership of property rights should be clear. Property right of ownership is unclear or in dispute shall not be transferable.
    Is set to the right of security of property rights transfer, shall conform to the relevant regulations of the State.
    Article tenth property dealers property right trading institutions should be true, complete, valid transaction request and other relevant information.
    Property right trading institutions to conform to the provisions of the preceding paragraph the registration procedures for acceptance of property right transactions.
    11th transferor shall delegate project information property right transaction of property rights institution, in accordance with the relevant provisions in the property transaction on the Agency's Web site and other media publicly disclosed, widely collect the transferee.
    Property right trading institutions should projects promotion in several ways.
    12th property transaction can take transfer bidding, auctions, tenders, electronic or any other means.
    After 13th property trading property rights transfer agreement reached between the parties, it shall sign the property rights transfer contract.
    Property right transfer of property right trading institutions to a legally valid contract issued by the property right exchange voucher.
    Article 14th departments for industry and commerce, taxation, State-owned assets supervision shall be parties to conduct property transactions in property right trading institutions, in accordance with the relevant provisions of warrant register the change in time.
    15th property transactions both in the course of property transaction disputes, you can apply to the property right trading institutions or property transaction management mediation; you can also apply for arbitration according to the contract without may initiate litigation to the people's Court of arbitration.
    16th property transactions has one of the following situations shall not be involved in the transaction: (a) the legal person or other organization eligible for restricted or disappearing; (b) incapacity or restricted legal capacity; (c) the filing by the Justice Department, currently in progress, and (iv) other case law may not engage in property transactions.
    Article 17th property transaction process for any of the following circumstances, warrant the suspension of transactions: (a) the third party dispute with the transferor on the transfer of property rights, (ii) force majeure, resulting in transactions is temporarily unable to (iii) shall be suspended in accordance with law property right Exchange in other circumstances.
    18th article property trading process appeared following case one of of, should terminated trading: (a) property trading activities suspended Hou full 6 months, no proposed extended suspended term of application or recovery trading application of; (ii) for force majeure caused property natural out lost of; (three) transfer party or by let direction property trading institutions proposed terminated trading application, property trading institutions review no objections, by property transfer approved institutions agreed of; (four) law should terminated property trading of other case.
    Article 19th property transaction activities, the following actions are forbidden: (a) the trading State-owned property rights in the property right trading institutions, (ii) manipulation of property right trading institutions or who disturb the property transaction order, (iii) impede the transferor, the transferee of a fair trade; (d) other acts prohibited by law property rights transactions.
    20th transaction management to property trading agencies and parties to the transaction violates provisions of the property exchange, investigation and confirm the transaction invalid, may order revocation of property right transactions of property right transaction vouchers issued by.
    Void revoke property transaction voucher property transactions and losses caused, by the transfer of property right trading institutions, in violation of regulations, transferee or the relevant intermediaries bear corresponding liability.
    21st in the enterprise in the process of transferring ownership of the transferor, transfer is the subject of enterprise and transferee violating relevant provisions of the transfer of State-owned property right of enterprises, State-owned asset regulators or property right transfer of State-owned property right transfer of authority for the transferor should be required to terminate activities and, if necessary, he shall initiate litigation to the people's Court, confirm the transfer invalid and treated in accordance with relevant regulations of the State.
    22nd property right trading institutions and their staff in the property transaction fraud, negligence, harm the interests or the legitimate rights and interests of both sides, shall be the administrative responsibility of the persons directly responsible; a suspected crime, transferred to the judicial authorities to investigate and punish. 23rd these measures shall come into force on March 1, 2007.
                                                                                                                  Province people's Government of Shaanxi Province, released on September 6, 1998, the enterprise property right transaction management interim measures and released on March 12, 2001, of the interim measures of shaaxi province on technical property right transactions be abrogated.