Inner Mongolia Enterprise Property Right Transaction Of State-Owned Assets Management Way

Original Language Title: 内蒙古自治区企业国有资产产权交易管理办法

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(April 6, 2002 the people's Government of Inner Mongolia autonomous region at the 6th Executive meeting on March 28, 2003, people's Government of Inner Mongolia autonomous region, the 126th published) first to cultivate and develop the property market, standardize Enterprise State-owned assets property rights transaction, promote the rational flow of capital, investment diversification, preventing the loss of State assets, according to the relevant regulations of the State, combined with State practice, these measures are formulated.
    Second approach applies to autonomous regions under the jurisdiction of State-owned assets property rights trading.
    Article III property transactions of State-owned assets in these measures (hereinafter referred to as property right transactions), refers to the formation of national investment and return on investment of the enterprise State-owned assets and the sale of State-owned shares of the enterprise.
    Fourth property rights transactions should follow the legal, voluntary and equal consultation and good faith and principles of fairness, openness and impartiality.
    Article fifth State-owned assets management departments shall be responsible for the whole area of State-owned assets property rights trading guidance and supervision and management.
    Union City Department responsible for the administration of State-owned assets management of State-owned assets supervision and administration of property rights trading.
    Relevant departments in accordance with the Division of responsibilities, work related to property transactions of State-owned assets management.
    Sixth property right trading institutions is established by law for transactions of property rights provision of legal persons.
    Seventh under any of the following circumstances should be entering into property right exchange market transactions: (a) the assets of State-owned enterprises as a whole and partial sale, (ii) wholly State-owned, holding company sold net book value at more than 50,000 items of fixed assets, intangible assets, (iii) State-owned shareholders to sell equity and (iv) other sales of State assets.
    The enterprises in accordance with the relevant provisions of the State benefits except for assets sold to workers in this enterprise.
    Eighth article has following case one of of, ban trading: (a) trading both submitted file not full or fraud of; (ii) property relationship not clear of; (three) bear or has liabilities of; (four) is trial or arbitration of; (five) has implementation judicial, and administrative, forced measures of; (six) contract agreed term within shall not trading of; (seven) legal, and regulations and regulations clear ban trading of other case.
    Nineth property transactions should be carried out in the following ways: (a) the auction, (ii) for sale by public tender, (iii) the agreement to sell; (d) the laws, rules and regulations, as well as other transactions approved by the autonomous regional people's Government.
    Tenth Article Enterprise State-owned assets overall and part sold, State-owned shareholders sold its equity (not including listed company), should by following provides perform approval procedures: (a) Government authorized State-owned assets business (Group) company and the belongs subsidiary and non-authorized of straight tube enterprise assets overall sold of, by sibling State-owned assets management sector audit, reported sibling Government approval; part property sold of, reported sibling State-owned assets management sector approval, but belongs to major matters of, reported sibling Government approval;
    (Ii) Government authorized State-owned assets business (Group) company belongs subsidiary sold equity, company internal sold of, by sold party reported mother company approval; company to external sold of, by mother company audit agreed Hou reported sibling State-owned assets management sector approval; subsidiary following sold of, step by step reported Corporation approval; (three) yet decoupling restructuring enterprise of property sold, by Enterprise competent sector reported sibling State-owned assets management sector approval.
    The transfer of State-owned land and mineral rights, in accordance with the relevant State laws and regulations.
    11th overall enterprise State-owned assets for sale, seller and buyer should safeguard workers ' legitimate rights and interests according to law and property trading contract properly placed the sale of party workers.
    Seller before making sell decisions, in accordance with the relevant provisions of the State seeking the views of workers ' Congress. 12th article property trading should according to following program for: (a) implementation property trading Qian, sold party should to property trading institutions proposed written delegate, and submitted related file; (ii) property trading institutions on sold party of subject qualification and the submitted of delegate application and file should for audit, meet conditions of be accepted; (three) property trading institutions in accept sold party of delegate Hou, should on sold subject matter and the sold requirements by standardized format to social publicity. According to the buyer competition, decided to trade, and fair, open and impartial action by Convention; (d) the property after the transaction is completed, in accordance with the relevant provisions of the State signed a contract in writing. Property right trading institutions on contract to the property right transaction vouchers issued by both sides.
    Property transaction contracts and property transaction documents to the relevant departments of ownership changes and other related procedures. 13th sellers should be on the sale of assets and equity assets assessment in accordance with State regulations. Transaction value allows the assessment on the basis of price must float.
    Among them, the 90% of the transaction price is lower than the appraised value shall be subject to the approval of property transaction approval.
    14th sale of property and asset income in the following ways: (a) the enterprise single asset sale revenues, as stipulated in the financial system to include non-operating income, (ii) equity income, the investment equivalent of increase or decrease in investment, and decrease of part of the investment gain or loss and (iii) authorized government enterprises and non-State-owned enterprises sold directly under the other revenues and paid financial.
    15th article State-owned enterprise conversion Shi its assets sold income, in allocated assets inventory, and assessment and trading process in the need paid of other costs Hou, except bear debt way sold outside, should by following order settlement: (a) by owes workers wage; (ii) owes paid social pension insurance institutions of and manpower insurance and by provides should issued of back (away from) Hugh fee; (three) by agreed conditions paid to self-employment workers of placed costs; (four) by owes tax; (five) by owes debt.
    The above purchase price remaining after the liquidation, turned over to the budget at the same level.
    16th enterprise financial departments of the surrender of property income, as part of budget revenue, corporate capital investment.
    Article 17th trading in property right trading institutions can charge fees, charges by the financial Department of the State plan, in accordance with the relevant provisions of the State.
    18th levels of State-owned assets, auditing and supervision departments should strengthen inspection and supervision of property transaction work.
    Accounting firms and CPAs in auditing annual financial accounting report, Enterprise sale of shares and assets should be audited and disclosed in the audit report.
    Article 19th all property transactions but not in the property market, State-owned assets at all levels, industry and commerce, land and resources, real estate, and other relevant departments shall not handle change procedures.
    20th State organs or personnel of State-owned assets operation agencies in property transaction activities, dereliction of duty, favoritism and gross negligence, resulting in losses of State-owned assets, and by their work units or departments at the same level according to the seriousness of the disciplined persons constitutes a crime, criminal responsibility shall be investigated according to law.
    Article 21st-owned assets occupy in violation of this article seventh, eighth, tenth, 13th article for sale of State-owned assets, sold invalid; by the State-owned assets management according to the seriousness and given a warning or a fine of up to 15000.
    22nd-owned assets occupy in violation of this article 14th, 15th article, by the State-owned assets management departments shall order rectification property sale receipts should be turned over to the fiscal and not surrendered, legally recovered by the State-owned assets management departments, and liable to a fine of 10000 Yuan.
    Article 23rd property right trading institutions do not have the qualification of engaging in property transaction of property right transactions, property rights transaction is invalid, the State-owned assets management departments can be fined not more than 15000.
    Property right trading institutions violating these rules article 24th Nineth, the 12th article, the State-owned assets management departments shall be ordered to correct or confirm the transaction null and void according to the circumstances, and may give a warning or fined not more than 15000.
    25th State equity trader qualification and management practices as well as the property rights trading rules, shall be separately formulated by the State-owned assets management sector.
    26th administrative institution State-owned assets, as well as other publicly owned assets property rights of collective assets transactions may refer to these measures.
                                        27th article this way come into force on July 1, 2003.