Property Right Transfer Of State-Owned Enterprises In Henan Province Supervision And Administration

Original Language Title: 河南省企业国有产权转让监督管理办法

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(March 19, 2007, Henan provincial people's Government, the 174th Executive meeting on April 9, 2007, 103th promulgated by the people's Government of Henan province as of May 1, 2007) Chapter I General provisions article specification for transferring ownership of State-owned enterprises, strengthen the supervision and management of State-owned property right transaction, promote the rational flow of State-owned assets of enterprises, preventing the loss of State-owned assets in enterprises, in accordance with the interim regulations on State-owned assets supervision and administration of
    (State Council Decree No. 378) and the relevant provisions of the State, combined with the facts of the province, these measures are formulated. Second, holding State-owned assets supervision and administration of State-owned capital enterprises (hereinafter transferor) will be held by State-owned property rights transfer to domestic and foreign legal persons, natural persons or other organizations (hereinafter referred to as the transferee) activities for these measures.
    Except as otherwise provided by laws, rules and regulations. Article III transfer of State-owned property rights in these measures refers to state-owned property right transfer units according to law firms total or partially State-owned property rights.
    Property rights in these measures, is a unit of State-owned property right held lawfully owned property, creditor's rights, ownership and intellectual property rights and other property rights.
    Article fourth transfer of State-owned property rights should follow the good faith and the principle of legality, openness, fairness, impartiality, must not harm the national and public interest.
    Article fifth provincial government is responsible for the provincial State-owned assets supervision and administration of State-owned property supervision and management, and to lower the Government's supervision and management of State-owned property right transfer guidance and supervision.
    The provincial government is responsible for the supervision of State-owned assets supervision and administration of State-owned property supervision and management work.
    Financial, supervision, business, audit and other relevant administrative departments within the scope of their respective duties on transferring ownership of State-owned supervision according to law. Sixth transfer of ownership of State-owned property rights should be clear.
    Ownership is not clear or the ownership of State-owned property rights may not be transferred.
    Subject to security interest in property right transfer of State-owned enterprises should be in line with the People's Republic of China relevant provisions of the law.
    Chapter II transfer and seventh transfer of State-owned property rights must be in accordance with approved procedures of the interim measures for the management of the transfer of State-owned property right of enterprises (State-owned assets supervision Ministry, 3rd) and the provisions of these measures. Article eighth Enterprise State-owned assets supervision and Administration (including companies) transfer of State-owned property and material assets.
    Important matters of major State-owned enterprise property rights transfer shall, together with the approval of the Finance Department.
    Firm decision following transfer of property right of State-owned enterprises, and reported to the State-owned assets supervision and Administration Department for record.
    Nineth article following transfer behavior by State-owned assets supervision management institutions reported this level Government approved: (a) State-owned enterprise overall transfer of or transfer Enterprise State-owned property led national no longer has holding status of; (ii) this level Government and the sector funded of other enterprise State-owned property transfer; (three) transfer State-owned net worth assessment value, provincial enterprise in 50 million Yuan above, municipal enterprise in 30 million Yuan above, County (city, and district) is enterprise in 5 million Yuan above of.
    Tenth Article decided or approved Enterprise State-owned property transfer behavior, should review following written file: (a) transfer Enterprise State-owned property of about resolution; (ii) Enterprise State-owned property transfer programme; (three) transfer party and transfer standard of enterprise State-owned assets property registration card; (four) lawyer firm issued of legal submissions; (five) by let party should has of basic conditions; (six) approved institutions requirements of other file.
    Approved agency shall, within 20 working days from the date of acceptance of the application whether to approve the decision.
    11th after approval or decision, the State-owned property rights transfer matters, such as transfer of property right transfer and for both sides to adjust or significant changes in State-owned property right transfer programme, shall, in accordance with the prescribed procedures for approval again. 12th transfer of State-owned property right relating to Government on public management and approval, should be submitted to the Government for approval.
    Transfer of State-owned property rights to management shall comply with the relevant provisions of the State.
    Article 13th after approval, the State-owned property rights transfer matters, the transferor shall organize and transfer of enterprises in accordance with the relevant provisions of the standard verification and audit. In asset and capital verification and audit based on the unit of State-owned property rights should entrust asset evaluation agencies with appropriate qualifications asset assessments in accordance with the relevant provisions of the State.
    Assets after the end of the assessment, assessment of enterprises and should be in accordance with the relevant provisions of the State-owned assets supervision and administration bodies for approval or for the record.
    Enterprise engaged in the same assignment of asset evaluation agencies and verification, the Auditors may not be the same agency.
    Chapter management 14th state-owned assets supervision and administration institutions should enhance their service awareness, improve efficiency, and establish and perfect the property right trade information networks, guidance and coordination to solve difficulties and problems in the process of transfer of State-owned property rights, safeguard the legitimate rights and interests of enterprises, promote the rational flow and optimized allocation of State-owned assets. 15th Enterprise property right transfer of State-owned property right trading institutions should be established by law in public and not be limited by region, industry and capital contribution or affiliation.
    Otherwise provided by national laws and regulations, from its provisions.
    Ban on over-the-counter or private transactions.
    16th article engaged in Enterprise State-owned property transfer activities of property trading institutions should comply with national and this province about provides, accept State-owned assets supervision management institutions of supervision and management, and perform following obligations: (a) for property trading provides places, and facilities and information, and advisory, service; (ii) on property trading parties provides of file of authenticity, and legitimacy for audit; (three) on property trading contract for verified, and issued property trading voucher;
    (D) to develop State-owned property right trading and reported to the State-owned assets supervision and administration of the rules implementing (v) interest relationship with the transferor and the transferee shall withdraw; (vi) as trading activity and the parties to keep business secrets; (VII) reported to the State-owned assets supervision and administration of State-owned property rights transactions; (VIII) other obligations under national and provincial.
    Article 17th transferor transfers of State-owned property rights should submit the following materials to the property right trading institutions, and to provide the material responsible for the authenticity and legality of property transactions.
    (A) application for transfer of property right of State-owned enterprises, (ii) the transferor's qualifications; (c) the State-owned property right transfer of ownership certificate and is the subject of an information note (iv) approved the transfer of file (v) property right transferring announcement of; (vi) laws, regulations, rules and regulations and other relevant material.
    Property trading agencies to review these materials only after the two sides signed the principal agreement.
    18th property right trading Agency for property rights transactions can charge a transaction fee, the specific standards in accordance with the relevant provisions of the State and province. Article 19th transferor of property right transferring announcement of trust property right trading institutions should be published in or above the provincial level press and property trading on the Agency's Web site, widely collect the transferee.
    Property right transferring announcement for a period of 20 working days.
    Transfer notice to the transferee of the qualification, goodwill, business, finance, management, asset size, and make the necessary transfer does not affect the fairness of the condition. Article 20th after announcement of the assignment of property rights, the transferor shall not change or cancel the release information for no reason.
    Due to special reasons need to change or cancel the posting, shall be approved by the approved bodies agreed to by property right trading institutions in former information bulletins on the channel.
    Article 21st transferee of property right of State-owned, should submit the following materials to the property right trading institutions, and responsible for its authenticity and legality of the materials provided.
    (A) application for property right transaction, (ii) the identity of the transferee; (c) the transferee of credit capacity, (iv) laws, regulations, rules and regulations and other relevant material.
    Foreign and Hong Kong S.A.R., and Macau S.A.R., and Taiwan areas of legal persons, natural persons or other organizations to participate in the State-owned property right of enterprises in the province, shall conform to the national and published the catalogue for the guidance of foreign investment industries in the province requirements and other relevant provisions.
    22nd open 2 or more when the transferee, the transferor shall consult with the property right trading institutions, based on the transfer of the subject matter of the case through an auction or bidding for transfer.
    Auction-style transfer of State-owned property rights in accordance with the People's Republic of China auction law and relevant regulations.
    Bidding the transfer of State-owned property rights in accordance with the relevant provisions of the State. Article 23rd by 2 or more open the transferee is only to collect the 1 when the transferee, approved by the State-owned assets supervision and administration bodies at the same level agreement can be taken in the manner. Agreement shall, under the auspices of property right trading institutions, full consultation by the transferor and the transferee.
    Transfer of the negotiation process should be monitored by departments, lawyers and trade union representatives and relevant comments on the transfer programme independently. 24th State-owned property right of enterprises transfer price or base price should be approved or filed after the assessment results for reference.
    In the course of property transaction, when trading below when evaluating the results of 90%, should be suspended, the approval of the property rights transfer agencies agreed to before they can continue. 25th State-owned property right after the transfer is completed, should the transfer of State-owned property rights transactions for public notification, access to trade unions and social supervision.
    After the transfer of State-owned property rights in accordance with this regulation is completed, the transferor and the transferee shall enter into a contract for State-owned property rights transfer and receive State-owned property rights transactions for the transfer of property right transfer of State-owned property right transaction vouchers issued by the Agency.
    Transfer of State-owned property right contract demonstration text by the provincial State-owned assets supervision and administration in conjunction with the provincial industrial and commercial administration departments. 26th the transferee according to the contract and duration of payment of the price, installment payment period shall not exceed 1 year. State-owned property right before the change of ownership should be paid the full purchase price.

    The transferor and the transferee by transaction voucher and transfer of State-owned property right contract until the State-owned assets supervision and management departments registration formalities, to Commerce, industry, land and natural resources, real estate and other departments related to changes in ownership registration. 27th property right transfer of income shall be used in the payment discharges the labor contract workers ' economic compensation, the transfer of social security administration workers ' social insurance contributions, arrears for employees and enterprises not paying social insurance premiums, and property assessment and property transaction costs related to the transfer of property rights.
    Remaining portion of gains from the alienation of property rights, managed and used in accordance with the relevant provisions.
    Fourth chapter legal responsibility 28th article State-owned assets supervision management institutions law on property trading situation for supervision check, and right to into property trading market and other about places for check, and identification property trading of standard of real, check out and supervision check matters about of file and information, to was supervision check units and other units survey verified and property trading about of situation, law stop and investigation property trading in the of violations, protection national and social public interests and trading parties of lawful rights and interests of not by against.
    Article 29th social intermediaries in the transfer of State-owned property rights of audit, assessment and illegal practice in legal services, resulting in the loss of State assets or to cause economic loss, will be informed by the State-owned assets supervision and administration authorities proposed to give the corresponding punishment constitutes a crime, criminal responsibility shall be investigated according to law.
    Property right trading institutions in the activities of State-owned property right trading fraud or neglect their duties, thereby harming the interests or the legitimate rights and interests of both sides, by the State-owned assets supervision and Administration Department shall be ordered to correct constitutes a crime, criminal responsibility shall be investigated according to law.
    30th article in Enterprise State-owned property transfer process in the, transfer party, and transfer standard of enterprise and by let party has following behavior one of of, State-owned assets supervision management institutions should law requirements transfer party terminated property transfer activities, and according to plot weight, on transfer party, and transfer standard of enterprise has directly responsibility of competent personnel and other directly responsibility personnel give administrative sanctions; constitute crime of, law held criminal.
    (A) not by this approach about provides in property trading institutions in the public transfer of; (ii) transfer party, and transfer standard of enterprise not perform corresponding of approved program or beyond permission, and unauthorized transfer Enterprise State-owned property of; (three) transfer party, and transfer standard of enterprise deliberately hidden should into assessment range of assets or to intermediary institutions provides false accounting information led to audit, and assessment results distortion, and without audit, and assessment or using invalid audit, and assessment report, caused State-owned assets loss of; (Four) transfer party and by let party collusion, low price transfer State-owned property, caused State-owned assets loss of; (five) transfer party, and transfer standard of enterprise not by about provides properly placed workers, and continued social security relationship, and processing arrears workers the debt and not fill paid owes paid of the social security fee, against workers lawful rights and interests of of; (six) transfer party not by provides implementation transfer standard of enterprise of claims debt, illegal transfer claims or escape debt settlement responsibility of; to enterprise State-owned property as guarantees of, transfer the State-owned property Shi
    , Without the consent of the secured party; (g) the transferee provided false documents, concealment and other means to influence the choice and the transfer of property rights transfer contract; (VIII) transfer of property right of the transferee in collusion with low prices in the auctions, tenders, resulting in the loss of State assets.
    31st state-owned assets supervision and administration bodies and their staff in violation of these regulations, any of the following acts by the supervisory organs of the main charge and directly responsible shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.
    (A) without authorization, ratification, approval of the ultra vires or violated provisions of property rights transfer matters, (ii) abuse of power for personal gains; (c) solicit or accept a bribe; (iv) fails to perform the statutory duties.
    Fifth chapter supplementary articles article 32nd be implemented through capital increase and share expansion of enterprise restructuring, mutatis mutandis, to these measures.
    33rd article enterprise is not separate units and the transfer of State-owned property rights held by other units approved by the competent departments, specifically against these measures.
                                  34th article of the rules take effect on May 1, 2007.

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