Supervision And Administration Of State-Owned Creditors, Benxi City Approach

Original Language Title: 本溪市国有债权监督管理办法

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(Released September 5, 2002, Benxi City people's Government, the 91st) Chapter I General provisions article to strengthen the supervision and administration of State-owned creditors, inventory of stock funds, reduce the loss of State-owned creditors, promoting regional economic development, according to the relevant regulations of the State and province, based on actual city, these measures are formulated.
    Article II the procedures apply to the city government offices, institutions, State-owned enterprises in economic activities in the event of any and all levels of Government in the State-controlled, shareholding enterprises in equity should be part of the claims management.
    Article City Department of finance is the creditor's rights management of State-owned administrative departments of the city.
    Financial departments at all levels are responsible for the level of State debt management and within budget, the State debt management agency responsible for the day-to-day management of their respective work.
    Public security, supervision, trade, tax, business, financial departments shall, in accordance with their respective responsibilities, with the supervision and administration of State-owned creditors.
    IV the Governments at various levels shall, according to the State-owned credit recovery needs, guarantee the necessary funding of recourse; in State-owned units and individuals who make contributions to credit recovery, shall be rewarded. State requirements for credit recovery work and reward fees from debt recovery Fund and material expenses in the income.
    Specific measures and standards formulated by the municipal finance department.
    Article fifth supervision and management of State-owned creditors insisted on classification monitoring, periodic early warning, tracking, recovery principles.
    Chapter State-owned creditor financial reporting and early warning to article sixth annual report of the State-owned credit institution.
    Units at the request of the financial sector, in the preparation of the annual financial report on the accounts at the same time, State-owned creditor financial report (for more than 2 years State-owned claims to debtors fill out schedule) and on the situation of State-owned creditor description, each of the State-owned credit analysis, collation, classification statistics, the financial sector.
    Article seventh State debt early warning system. Financial sector should units of State-owned claims annual financial report for summary analysis, and according to following provides take warning measures: (a) on 2 years within State-owned claims issued warning recourse notification; (ii) on not declared verification, and certification, may over litigation limitation of State-owned claims and has over 2 years still not recycling of State-owned claims, issued warning litigation notification; (three) on 3 years above bad state-owned claims, issued warning claims transfer notification,
    Asked all units within a declaration of verification and the transfer of State-owned credit supervision and administration of State-owned credit institutions.
    Chapter III took over eighth State-owned creditors to take over State-owned creditor's rights "account PIN debt" principle.
    Approved by the financial departments at all levels in charge of the State-owned claims taken over by the supervision and administration of State-owned credit institutions at the same level. Nineth units shall be provided in accordance with the requirements of supervision and administration of State-owned credit institutions claim information.
    Failure to submit claim information, supervision and administration of State-owned credit institutions no audits, financial departments at all levels shall not be approved to write off.
    Article tenth of approved write-offs of State debt, the units shall, within the time limit prescribed by accounting treatment to ensure documents are complete and consistent accounts consistent accounts, reconciliation.
    11th State claims regulatory authority over State claims, with formerly State-owned, should claim unit handing over procedures.
    Fourth chapter of State-owned credit recovery article 12th credit recovery should stick to recover monetary funds, goods arrived as a supplement, reduce the cost recovery principle.
    13th State claim unit should be combined with supervision and administration of State-owned credit institutions the right of recourse. 14th article State-owned claims management institutions took over State-owned claims Hou, to organization hand, take following way be recourse: (a) and debt units or personal (following referred to debtor) signed repayment agreement, and by agreement agreed reminders; (ii) by and debtor consultations, can take claims turned equity or claims turned investment, and according to People's Republic of China company law, legal, and regulations of about provides, perform related procedures; (three) can take claims transfer way organization recourse, claims transfer Shi must law signed agreement,
    Legalization and (iv) take delegates; (e) to institute legal proceedings.
    15th to bonded debt of the debtor, must be agreed by the supervision and administration of State-owned credit institutions, and according to the transfer of property rights and other procedure.
    16th to take over State-owned creditor has one of the following situations, supervision and administration of State-owned credit institutions may not be recourse: (a) the State claims the loss is due to force majeure, (ii) debt legally bankrupt; (c) debts of natural death; (d) for any other reason to pursue identified.
    Fifth chapter article 17th of State debt recovery material management financial departments at all levels should strengthen management of recovered materiel, established for State-owned debt recovery system for receiving, storage, processing of materials.
    18th state-owned creditor debt allocation, material handling can take against debt, Government donations, auction, for sale, negotiation or any other means.
    Arrived in top, donated by the Government against claims the original debt value; the auction, for sale, negotiation process to assess the value of the reserve price.
    Sixth chapter 19th State debt financial management supervision and administration of State-owned credit institutions shall establish and improve the system of financial management in State-owned creditor.
    20th national credit recovery income after deducting the provisions of recovery of costs and incentive fees, totally turned the financial, account store.
    Article 21st credit recovery recovery of funds, materials, shares owned by the Government, included all the local budgetary financial funds management.
    Any unit and individual shall embezzle or credit recovery to recover goods and money.
    Seventh chapter legal responsibility 22nd article State-owned claims units violation this approach, has following behavior one of of, by financial sector ordered corrected, and sentenced 10000 Yuan above 30000 Yuan following fine: (a) State-owned claims original information and legal procedures missing, caused claims cannot recourse of; (ii) received warning notice Hou, not recourse, and not prosecution, and not declared transfer, caused State-owned claims loss of; (three) block, and refused to provides state-owned claims related voucher, and information of. 23rd article violation this approach, has following case one of of, by financial sector ordered surrendered, and sentenced 10000 Yuan above 30000 Yuan following fine: (a) State-owned claims transfer Hou, without State-owned claims supervision management institutions delegate, original claims units unauthorized cleanup recycling of material and funds, hide not reported, and occupation, and misappropriated of; (ii) by delegate units cleanup recycling of material, and funds, hide not reported, and occupation, and misappropriated of; (three) financial sector approval verification State-owned claims matters during,
    Recycling of materials and funds, undeclared; (d) the Declaration of verification of false state-owned creditors.
    Article 24th unit is found during the original creditor's rights of recourse against the person concerned to seek personal benefits claims forms, State debt management agency referral of cases to the relevant judicial authorities, monitoring departments, apart from the discipline be dealt with in accordance with law, and recovery of debt from the parties.
    State debt management agency State of recourse claims process, for suspected crimes, the public security organs shall have full-time staff, shall be investigated and dealt with according to law.
    25th article violating these rules, other laws and regulations, dealt with by the relevant authorities in accordance with the relevant laws and regulations constitutes a crime, criminal responsibility shall be investigated according to law.
    26th a party refuses to accept the decision on administrative penalty may apply for administrative reconsideration or bring an administrative lawsuit in accordance with law.
    27th State-owned supervision and administration of claims of dereliction of duty, abuse of power, favoritism, or higher authorities be given administrative sanctions by the unit, constitute a crime, criminal responsibility shall be investigated according to law.
        28th article of the approach of the eighth chapter schedule as of the date of promulgation.