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(The 40th ordinary meeting of the Government of the Beijing City of 8 June 2005 considered the adoption of Decree No. 159 of 15 June 2005 on the date of publication by the Government of the people of Beijing) The Government of the city has decided to amend the title transaction regulations in Beijing as follows: Article 5 amends as follows: “The transaction of corporate property owned by this city shall be carried out publicly by a property transaction body chosen by the municipal asset control authority. The transfer of State property rights in the financial category and the transfer of State-owned units in the Upperi municipality are implemented in accordance with the relevant provisions of the State. Collective enterprise property rights and other property transactions may be carried out by property trading agencies.” Delete articles 6, 7, 11, Article 3, Article 14, Article 19, article 4, 20, and article 24, paragraph 6. Article 8 amends as follows: “The municipal development reform sector is responsible for guiding and coordinating the management of the present market property transaction. The State-owned asset monitoring authority in the city is responsible for the supervision of the transfer of corporate State property. Other relevant sectors of the city are governed by their respective responsibilities.” Article 9 amends as follows: “The property transaction body is established by law and provides the services, facilities, information, etc. for the property transaction and performs the related duties”. V. Article 10 amends as follows: “The property transaction body may exercise membership management. The property transaction body shall, in accordance with legal, regulatory and present requirements, develop the statutes, the property transaction rules and the member management approach of the institution and report on the municipal development reform sector. Article 12, paragraph 1, reads as follows: Article 16 amends as follows: “The property transaction body shall establish a system for disclosure of information on the transaction of property and shall publish information on the property transaction in a timely manner.” Paragraphs Page The first amendment to Article 19 reads as follows: “The transaction of corporate property belonging to the city is carried out outside the choice of the commune asset control authority to determine the property rights transaction.” Article 23 amends as follows: “A transferee or a licensor engaged in a property transaction may entrust a member-qualified broker with a property transaction. The author shall enter into a property transaction with the trustee's broker. In the same property transaction, the broker shall not accept the transferee and the agent's authorization.” Paragraph 2 of article 26 reads as follows: “Energy State property transfer prices are determined to be implemented in accordance with the provisions of the Provisional Approach to the Management of National Property Transfers”. Paragraph 3 amends to read: “The transfer price of collective corporate property rights to serve as a reference basis for the assessment value of qualified asset assessment bodies; the transfer price is less than 90 per cent of the assessment results and shall be agreed by all corporate property rights.” Article XII, article 27, paragraph 3, was amended to read: “The property transaction contract involving the content of the transfer of property rights by the enterprise State shall be in line with the provisions of the provisional approach to the management of property transfers by the enterprise State”. Articles 13 and 29 were amended to read: “The parties to the transaction shall, after the completion of the property transaction, process the registration of a change in title. In relation to changes in corporate national property rights, the relevant sectors of the city and district, and the district, are subject to the property transaction certificate of the property transaction agency and, in accordance with the relevant provisions, are dealing with the change procedure for both the parties to the transaction.” Article XIV and Article 33 amends as follows: “The law and violations committed by the transferee, the licensor, the intermediary, and the person concerned are governed by the law by the relevant authorities; the corresponding responsibility under the law for the violation of the provisions of the national property transfer by the State and the city's enterprises; and the criminal liability is held in accordance with the law.” Article 33: Establishment of a record system of offences against property transaction activities in this city, documenting the offences committed by the transferee, the licensor, the intermediary and the results of the processing. Units and individuals have the right to search the results of the violations.” Article XVI and article 31 amends as follows: “The parties may apply for arbitration in accordance with the agreement of the contract, and if they do not agree to arbitration, they may be brought before the People's Court by law”. The “Beijing Property Exchange Centre” in article 17, paragraph 2, Article 19, Article 3, Article 21, article 24, paragraph 1, and article 28, Amendment to the “Beijing Property Exchange Centre” as “the property transaction body”. In addition, the individual language and the order of the articles are modified and adjusted accordingly. This decision is implemented since the date of publication. Following the amendments to the Beijing Rules for the Management of Intellectual Property Exchange, issued by Order No. 90 of the People's Government of Beijing on 7 December 2001, this decision was renewed. The interpretation of the application of the provisions on property management in Beijing, issued by Order No. 120 of the People's Government of Beijing on 20 February 2003, was also repealed. Annex: Beijing municipal property transaction management provisions (as amended) (Act No. 90 of 7 December 2001 of the Government of the People of Beijing issued amending Decree No. 159 of 15 June 2005 of the Government of the People of Beijing) Chapter I General Article 1 provides for the development and development of the market for property transactions in this city, regulating property transactions and promoting the optimization of resources, in accordance with the prevailing circumstances in the city. Article 2 engages in property transactions in this commune and shall be subject to this provision. The law, legislation and regulations provide otherwise, from their provisions. The title transaction referred to in this provision refers to the act of a reimbursable transfer of property ownership and related property rights. Article 3 The legitimate rights and interests of the party to the property transaction are protected by law. Article IV deals with property rights that are not restricted by region, industry, affiliation and economic nature. The property transaction involving national security and State secret should be governed by the relevant national provisions. Article 5 deals with corporate property owned by this city shall be carried out in public by the municipal asset control authorities in selecting the established property transaction body. The transfer of State property rights in the financial category and the transfer of State-owned units in the Upperi municipality are carried out in accordance with the relevant provisions of the State. Collective enterprise property rights and other property transactions may be carried out by property trading agencies. Article 6 The State-owned asset monitoring authority in the city is responsible for the supervision of the transfer of corporate State property. Other relevant sectors of the city are governed by their respective responsibilities. Chapter II Article 7. Article 8. The property trading body shall, in accordance with legal, regulatory and present requirements, develop the statutes of the institution, the rules on property transactions and the methods of management of its members, report on the municipal development reform sector. Chapter III Article 9. The transfer of corporate property shall perform the following procedures: (i) The transfer of corporate State property shall be governed by the approval procedure established by the Provisional Approach to the Management of National Property Transfers. (ii) Collective ventures in the town should be adopted with the consent of the financier and by the General Assembly. Article 10 businesses operating in the form of contracting, leasing, hosting, etc., and their property transactions shall be carried out after the expiration of contracts, leases or hosting contracts. A prior transfer is required, and a transfer of property shall be carried out in accordance with the provisions of the law, regulations before the termination of the contract for contracting, renting or hosting and after the matter has not been dealt with. Article 11. The transferee of the property transaction shall entrust an audit and asset assessment by a competent intermediary. In relation to national asset assessment, implementation should be carried out in accordance with the relevant laws, regulations. Article 12. The property transaction body shall establish a property transaction information disclosure system to disseminate information on property transactions in a timely manner. Article 13 arises in one of the following cases, where a transferee, a licensor or a third party may apply for the suspension of the transaction: (i) Disputes between third parties and the transferee regarding the transfer of property rights and have not been resolved; (ii) Other cases of property transaction should be suspended by law. Applications for suspension of transactions should be submitted to the property rights trading agencies. Article 14. (i) The transferor or the licensee put an end to the transaction before the entry into force of the transfer contract; (ii) The People's Court issued a written notice of termination of the transaction under the law; (iii) Other cases of property transaction should be terminated by law. Article 15. Prohibition of: (i) Transactions relating to corporate property belonging to the city other than the municipality's State asset monitoring authority selects a defined property transaction agency; (ii) To manipulate the property transaction market or disrupt the property transaction order; (iii) The WIPO and its staff are involved in the property transaction as a transferee, a dispersed or a third party; (iv) Other acts prohibited by law, regulations and regulations. Article 16 sets the criteria for royalties of the property transaction agency in accordance with the relevant provisions of the State. Chapter IV Modalities and procedures for property transactions Article 17 deals with property rights may take advantage of, for example, auctions, tenders, transfers of agreements, or other means provided for by law, regulations and regulations. Article 18 transfers of property transactions by a transferee or by a lender may entrust a member-qualified broker to carry out a property transaction. The author shall enter into a property transaction with the trustee's broker. In the same property transaction, the broker shall not accept the transferee and the agent's authorization. The transferee shall apply for a property transaction and shall submit the following documents to the authorized broker or the property transaction body and assure its integrity and integrity. (i) Applications for corporate property transfer; (ii) The qualifications of the transferor or other valid certificates; (iii) A certificate of the corporate right to property; (iv) The certificate of the grant of the transfer of corporate property by the fundor; (v) A description of the transfer of the mark; (vi) Other documents provided for in laws, regulations and regulations. Article 20 Applications for property transactions by the licensee shall be submitted to the following documents: (i) Applications for the purchase of corporate property; (ii) Authorization certificates; (iii) Authorization certificates; (iv) Other material provided by law, regulations and regulations. Article 21, the price of a property transaction may be determined by the auction, the solicitation method, or by the transferee and the concessional agreement. The determination of the national property transfer price of the enterprise is implemented in accordance with the provisions of the Provisional Approach to the Management of National Property Transfers. The transfer price of collective corporate property rights is based on the assessment of qualified asset assessment bodies as a reference basis: the transfer price is less than 90 per cent of the assessment results and should be agreed by the owner of collective corporate property rights. The transferee shall enter into a property transaction contract upon the consent of the transferee and the licensee. The property transaction contract includes, inter alia, the following: (i) Transfermarks; (ii) The name, residence and legal representative of the transferee and the licensee; (iii) Transfer prices, payment modalities and payment deadlines; (iv) Matters relating to claims and treatment of debt; (v) Removal of property; (vi) Matters relating to the placement of workers; (vii) Liability for default; (viii) Contract dispute resolution; (ix) Date of signature; (x) Other matters to be agreed. The property transaction contract involving the content of the transfer of corporate property should be in line with the provisions of the Provisional Approach to the Management of State Property Transfers. Article 23 of the property transaction contract was reviewed by the property transaction agency and presented a certificate of the property transaction by the transferee and the licensee. After the completion of the property transaction, the parties to the transaction shall proceed with the registration process under the law. In relation to changes in corporate national property rights, the relevant sectors of the city and district, and the district, are subject to a property transaction certificate from the property transaction agency and, in accordance with the relevant provisions, the parties to the transaction are dealing with the relevant changes. Chapter V Regulatory and management of property transactions Article 25 Article 26 (1) establishes a record of the offences committed by the property transaction activity in this city, documenting the offences committed by the transferee, the licensor, the intermediary and the results. Units and individuals have the right to search the outcome of the violations. Article 27 deals with property transactions in the course of the property transaction and the parties may apply for arbitration in accordance with the agreement of the contract; there is no agreement on arbitration, which may be brought before the People's Court by law. Annex VI Article 28 deals with property transactions in the administrative service units are governed by this provision. Article 29 of the present provision is implemented effective 1 January 2002. |
