Beijing Municipal People's Government On The Revision Of The Regulations On The Management Of Beijing Property Rights Trading Decisions

Original Language Title: 北京市人民政府关于修改《北京市产权交易管理规定》的决定

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(On June 8, 2005 Beijing City Government 40th times Executive Conference considered through on June 15, 2005 Beijing City Government makes 159th, announced since announced of day up purposes) City Government decided on Beijing city property trading management provides for following modified: a, and fifth article modified for: "this city belongs Enterprise State-owned property of trading, should in City State-owned assets supervision management institutions select determine of property trading institutions public for. Transfer of property right of State-owned financial enterprises and the transfer of State-owned shares of listed companies, in accordance with the relevant provisions of the State. Urban collective enterprises and other property transactions in property right trading institutions.
    "Second, delete the sixth, seventh, 11th, 12th, third, 14th, 19th, fourth, 20th and 24th of the sixth. Three, eighth revised as follows: "municipal development and reform Department is responsible for directing and coordinating the work of the supervision and management of municipal property transaction. Municipal State-owned assets supervision and administration bodies are responsible for supervision and management of State-owned property right transfer. , Other relevant government departments according to their respective responsibilities, complete the supervision and administration of property rights trading. "Four, IX is amended as:" the property right trading institutions is established by law, provide places for transactions of property rights, facilities, information and other services, and perform related duties as legal entities. "Five, tenth revised as follows:" the property right trading institutions can implement a membership management. Property right trading institutions shall, in accordance with provisions of laws and regulations and the requirements these agencies regulation, property rights trading rules and member management, municipal development and reform Department. "Six, 12th the first amendment as follows:" transfer of State-owned property rights, shall, in accordance with the provisions of the interim measures for the transfer of State-owned property rights management approval procedures. "Seven, 16th is amended as:" the property right trading institutions should establish property rights transaction information disclosure system, release property transaction-related information in a timely manner. "Eight, 18th article is revised as follows:" the transferor or the transferee at the termination of the transaction before the entry into force of the contract of assignment. "Nine, the 19th article is revised as follows:" select OK in State-owned assets supervision and administration of property right trading institutions outside this city belongs to state-owned property right transactions. "Ten and 23rd is amended as:" the transferor or the transferee of the property exchange, may entrust a member of broker agent for property rights transactions. Principal broker agent for property transactions, property rights of principal should be signed with the trustee agency principal-agent contract transactions. In the same property rights trading, broker shall not accept both the transferor and the transferee of the agents. "The third, 26th the second paragraph is amended as:" determining the transfer price of State-owned property right of enterprises in accordance with the provisions of the interim measures for the transfer of State-owned property rights management implementation. "The third paragraph as follows:" collective enterprise property rights transfer prices, assets appraisal institution with a qualified assessment of value as a reference; transfer price below the results 90% shall be agreed by the collective property right owner. "12, the 27th article modified as follows:" property transaction contracts involving the transfer of State-owned property right of enterprises shall be in conformity with the provisions of the interim measures for the management of the transfer of State-owned property right of enterprises. "13, 29th is amended as:" the property upon completion of the transaction, transaction parties shall in accordance with the law of property right alteration registration procedures. Involving alteration of the property right of State-owned enterprises, municipal, district and County departments property rights transaction service evidencing property rights transaction certificate and in accordance with the relevant provisions, for both sides to handle the change. "14, 30th is amended as:" property transactions during the transferor, transferee, intermediary and related personnel of relevant departments investigate and punish illegal or irregular behaviour; in violation of relevant regulations of the State and municipal property right transfer of State-owned enterprises, the violator shall bear corresponding liability constitutes a crime, criminal responsibility shall be investigated according to law. "XV, add a 31st article:" property rights violations records of its transactions system established in this city, recorded the transferor, transferee, intermediaries and other violations of property rights trading parties and process the results. Units and individuals have the right to process the results query violations recorded. "Under article 16, the 31st is revised as follows:" property transactions occurred during the property right trade dispute, the parties concerned may apply for arbitration according to the terms of the contract, without arbitration, may initiate litigation to the people's Court according to law.
    "Under article 17, the second paragraph in the" Beijing property rights trading center "is amended as" property right trading institutions in this city ", the 17th, 21st and 19th in the second paragraph of article, 24th, 28th, the first paragraph in the" Beijing property rights trading center "changed to" property transactions ".
    In addition, the individual words and terms in order to make the appropriate changes and adjustments. This decision shall come into force as of the date of. On December 7, 2001, released by the Beijing Municipal People's Government, the 90th of the Beijing property right transactions management rules amended according to this decision, publish it again.

    On February 20, 2003, issued by the Beijing Municipal People's Government, the 120th of the Beijing Municipal People's Government on the Beijing property transaction management issues related to the scope of interpretation of the provisions repealed simultaneously.
    Report: Beijing property rights trading regulations (amended 2005) (90th order issued on December 7, 2001, the Beijing Municipal People's Government on June 15, 2005 Beijing Municipal People's Government, the 159th modified) Chapter I General provisions article for the cultivation and development of the city's property rights trading market, standardize property transactions, for optimizing resource allocation, according to the municipality, these provisions are formulated. Article property right trading institutions engaged in property transactions in this city, shall comply with this regulation.
    Otherwise provided by laws and regulations, from its provisions.
    Property rights transaction in these rules refers to ownership of property and property rights related to the transaction.
    Article engaged in property transactions shall comply with laws, regulations, voluntary equality, honesty and principles of openness, fairness and justice, and shall not infringe upon the legitimate rights and interests and harm the public interest.
    Legal protection of the legitimate rights and interests of the parties to a property transaction.
    Fourth property transactions are not affected by region, industry, membership relations, economic restrictions.
    Related to national security, property right transaction of State secrets shall, in accordance with relevant State regulations.
    Fifth article this city belongs to state-owned property right transactions, should select OK in State-owned assets supervision and administration of property right trading institutions open to the public.
    Transfer of property right of State-owned financial enterprises and the transfer of State-owned shares of listed companies, in accordance with the relevant provisions of the State.
    Urban collective enterprises and other property transactions in property right trading institutions. Sixth municipal development and reform Department is responsible for directing and coordinating the work of the supervision and management of municipal property transaction.
    Municipal State-owned assets supervision and administration bodies are responsible for supervision and management of State-owned property right transfer.
    , Other relevant government departments according to their respective responsibilities, complete the supervision and administration of property rights trading.
    Seventh chapter property transaction property right trading institutions is established by law, provide places for transactions of property rights, facilities, information and other services, and perform related duties as legal entities.
    The eighth property right trading institutions can implement a membership management.
    Property right trading institutions shall, in accordance with provisions of laws and regulations and the requirements these agencies regulation, property rights trading rules and member management, municipal development and reform Department.
    Chapter III transfer of property rights trading code of conduct article Nineth Enterprise property rights, shall carry out the following formalities: (a) the transfer of State-owned property rights, shall, in accordance with the provisions of the interim measures for the transfer of State-owned property rights management approval procedures.
    (B) urban collective-owned enterprises shall be agreed by the investor and by the trade unions (on behalf of) the Assembly for discussion and adoption.
    Tenth has been contracted, leased, managed and other forms of business enterprise, its property transactions shall, after expiration of the contract, lease or managed the contract.
    Ahead of the transfer, in accordance with provisions of laws and regulations to handle contract, leased or managed the contract termination procedures, and after dealing with unfinished business, to conduct property transactions. 11th transfer of property rights trading parties shall entrust a qualified intermediary audit and asset appraisal.
    Involving State-owned assets assessment, shall be executed in accordance with the relevant laws and regulations.
    The 12th property right trading institutions should establish property rights transaction information disclosure system, release property transaction-related information in a timely manner.
    13th under the following circumstances, transferor, transferee or third parties can apply for suspension of trading: (a) the third party and the transferor on the transfer of property rights dispute and have not been resolved, and (b) shall be suspended in accordance with law property right Exchange in other circumstances.
    Application for suspension of trading, should be made to the property right trading institutions.
    The 14th under the following circumstances shall terminate the transaction: (a) the transferor or the transferee at the termination of the transaction before the entry into force of the contract of assignment and (ii) the Court issued a notice in writing to terminate the transaction and (iii) other property transactions shall be terminated in accordance with law.
    15th article in property trading activities in the ban following behavior: (a) in City State-owned assets supervision management institutions select determine of property trading institutions zhiwai for this city belongs Enterprise State-owned property of trading; (ii) manipulation property trading market or disrupt property trading order; (three) property trading institutions and staff as transfer party, and by let party or third party participation property trading of; (four) legal, and regulations, and regulations ban of other behavior.
    16th property right trading institutions charging standard in accordance with the relevant provisions of the State.
    Fourth chapter trading modalities and procedures for article 17th property transactions through auction, tender, transfer or any other means, and may also take the provisions of other laws, rules and regulations.
    18th the transferor or the transferee of the property exchange, may entrust a member of broker agent for property rights transactions.
    Principal broker agent for property transactions, property rights of principal should be signed with the trustee agency principal-agent contract transactions.
    In the same property rights trading, broker shall not accept both the transferor and the transferee of the agents.
    Article 19th to request a property right transaction, shall provide the entrusted brokerage or property right trading institutions to submit the following documents, and ensure that they are authentic and complete.
    (A) application for enterprise property rights transfer, (ii) the transferor's qualification certificate or other valid certificate, (iii) property ownership documents; (iv) proof of funding were accepted for the transfer of property rights; (v) description of transfer; (vi) other documents required by laws, rules and regulations.
    20th the transferee to the application property right transaction, shall submit the following documents: (a) the purchasing enterprise applications; (b) the transferee subject qualification certificate, (iii) the transferee of credit; (d) laws, regulations, rules and regulations of the other materials.
    21st property rights trading price can be determined through auction, tender or can be determined by agreement between the transferor and the transferee.
    State-owned property right of enterprises transfer price determined in accordance with the provisions of the interim measures for the transfer of State-owned property rights management implementation.
    Of collective enterprise property rights transfer prices, assets appraisal institution with a qualified assessment of value as a reference: transfer price below the results 90% shall be agreed by the collective property right owner.
    22nd after the intention to transfer the transferor and the transferee, shall enter into a property transaction contracts.
    Property trading contract main including following content: (a) transfer standard of; (ii) transfer party and by let party of name, and residence, and statutory representative people; (three) transfer price, and paid way and paid term; (four) about claims, and debt of processing matters; (five) property delivery matters; (six) about workers placed of matters; (seven) default responsibility; (eight) contract dispute solution way; (nine) signed date; (ten) need agreed of other matters.
    Property transaction contracts involving the transfer of State-owned property right of enterprises shall be in conformity with the provisions of the interim measures for the management of the transfer of State-owned property right of enterprises.
    23rd property transaction contracts by the transferor and the transferee signed and sealed, the property right trading institutions to assess and issue documents of transaction of property rights. Upon completion of the 24th property rights trading, trading parties shall in accordance with the law of property right alteration registration procedures.
    Involving alteration of the property right of State-owned enterprises, municipal, district and County departments property rights transaction service evidencing property rights transaction certificate and in accordance with the relevant provisions, for both sides to handle the change.
    Fifth chapter 25th property transactions of property right transaction monitoring and management processes in the transferor, transferee, intermediary organisations and persons concerned illegal and irregularities by relevant departments investigate and punish; violations of relevant regulations of the State and municipal property right transfer of State-owned enterprises, the violator shall bear corresponding liability constitutes a crime, criminal responsibility shall be investigated according to law.
    26th article of the city to establish property rights violations records of its transactions system recorded the transferor, transferee, intermediaries and other violations of property rights trading parties and process the results.
    Units and individuals have the right to process the results query violations recorded.
    27th property transactions occurred during the property right trade dispute, the parties concerned may apply for arbitration according to the terms of the contract, without arbitration, may initiate litigation to the people's Court according to law.
    Sixth chapter supplementary articles article 28th administrative institutions of property rights trading in the light of this regulation.
        29th these provisions come into force on January 1, 2002.