Jiangxi Province Property Transaction Management

Original Language Title: 江西省产权交易管理办法

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(December 4, 2002 84th meeting consideration of Jiangxi province on December 18, 2002, Jiangxi provincial people's Government announced the 117th) Chapter I General provisions article in order to cultivate and develop the property rights trading market in the province, norm property right transactions, for optimizing resource allocation, these measures are formulated.
    Second mainland Chinese State-owned, collective property rights trading, must in Jiangxi province, the equity exchange (hereinafter Exchange).
    Encourage the non-State-owned, collectively-owned property into the exchange trading.
    Otherwise provided by laws and regulations, from its provisions.
    Article property rights mentioned in these measures refers to ownership of property and related rights, use, disposal and other rights.
    Article fourth property rights transaction in these measures refers to ownership of property and property rights transfer by market behavior.
    Voluntariness, equivalent to fifth property transactions should be paid, good faith and the principle of openness, justice and fairness.
    Sixth Office for restructuring economic system, are property rights trading departments in the province, and to supervise the Exchange.
    Seventh chapter property transaction is approved by the provincial people's Government established according to law, not for profit-making purposes, providing places for transactions of property rights, facilities and information and other support services, and to discharge the responsibilities of the relevant public institution.
    Article eighth Exchange membership, its statutes enacted by the General Assembly. Exchange member broker members and non-broker members.
    Broker members to obtain provincial industrial and commercial administration authorities and the provincial property rights trading broker qualification certificate issued by the competent authorities.
    Nineth Exchange in districts and cities to set up branches or entrust a qualified broker members for property rights and provides related services.
    Chapter property rights trading modalities and procedures for article tenth property transaction can take the Agreement transfers, by auction, tender or any other means, may also take the provisions of other laws, rules and regulations.
    11th non-Exchange members into Exchange agency transactions, Member shall entrust brokers conduct property transactions.
    Belongs to one of the following, non-Exchange members direct access to property rights trading Exchange applications: (a) to fulfil transactions transferred ownership, (ii) special property rights involving State secrets should not be the principal-agent, and (iii) non-broker members accepted the Agency's property.
    12th on the same property rights trading, broker members shall not accept both the transferor and the transferee of the agents, but authorized operation of State-owned property company (Group), except for property rights transactions between enterprises.
    13th State-owned or State-controlled enterprises, before making the transfer decisions, should fully heed the views of the workers ' congresses or trade union, and as required by the corresponding State-owned assets management departments or authorized operation of State-owned assets investment approval.
    Transfer of collective enterprise property rights, should be discussed by the transfer of employees or the employees of the General Assembly on behalf of and according to the statutory procedures agreed by the asset owner.
    14th article transfer party application property trading should to its delegate of brokers members or produced make by submitted following material: (a) transfer party transfer property of applications; (ii) showed that transfer party identity of effective documents (as); (three) property ownership of proved file; (four) funded people granted property transfer of about file; (five) transfer subject matter of situation description; (six) legal, and regulations, and regulations provides of other material.
    15th the commissioned broker members to apply for the property, shall submit to the brokers who are members of or Exchange the following materials: (a) application for purchasing property; (b) shows that the assignee to the valid certificates of identity (photo), (iii) the transferee of credit; (d) laws, regulations, rules and regulations of the other materials. Assignment of property rights of the 16th, asset assessment subject to a qualified intermediary.
    State-owned assets assessment results should be according to the relevant regulations of the State, reported the State-owned assets management Department approval or for the record.
    Where in the same authorized operation of State-owned property company (Group) belongs to wholly-owned companies or in authorized operation of State-owned assets companies (Group) took place between wholly-owned enterprises belonging to the State-owned property may be exempted from property assessment. 17th State-owned property rights transfer pricing, or approved by the State-owned assets management departments record the assessment value for price, the selling price in the 90% of the assessed value shall be subject to agreement with the State-owned assets management Department.
    Collective selling price of the property to assess the Agency's assessment value as a reserve price, below the reserve price or lower than the property owner authorization, should be agreed by the collective property right owner.
    The same authorized operation of State-owned assets companies (Group) belongs to wholly-owned companies or in authorized operation of State-owned assets companies (Group) took place between wholly-owned enterprises belonging to the State-owned property right transfers, can be issued by a qualified accounting firm's audit report found the book net assets price price transfer. Article 18th property right transfer of the transferor and the transferee to proceed, 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 term; (four) claims, and debt of inherited and the settlement approach; (five) property delivery matters; (six) workers placed agreement; (seven) default responsibility; (eight) contract dispute solution way; (nine) signed date; (10) need agreed of other matters.
    19th property trading contract the transferor and the transferee signed and sealed, to comply with these rules of property right transaction vouchers issued by the SEHK. 20th the transferor and the transferee of the property exchange, property rights trading issued by receipts and property transaction contracts to state-owned assets management, business and other relevant departments for change.
    All departments concerned should be made within the statutory time limit.
    Fourth chapter property rights trading codes of conduct article 21st traded items must be made public.
    22nd property transaction fees, by the provincial Department in charge of price and financial departments of the province, determined in accordance with relevant regulations of the State, and published in the market place.
    Article 23rd property transaction process, for any of the following circumstances, by the transferor and the transferee or third party application can abort the transaction: (a) the third party with 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.
    Article 24th property transaction process, receive one of the following circumstances shall terminate the transaction: (a) the transferor or the Exchange application for termination and confirmed by Exchange; (b) the Court issued a notice in writing to terminate the transaction, (iii) terminate the property right Exchange in other circumstances.
    25th article property trading process in the, ban following behavior: (a) violation this approach in produced make by outside for State-owned, and collective property trading of; (ii) manipulation trading market or disrupt trading order, undermines transfer party, and by let party for fair trade of; (three) produced make by on property trading project not by provides public of; (four) produced make by and the staff as transfer party, and by let party or third party participation property trading activities of; (five) legal, and regulations, and regulations ban of other behavior.
    Supervision and management of the fifth chapter property transaction 26th property transaction process, trade disputes, 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.
    27th article in the course of property transaction in violation of the regulations, by the competent authority or supervision, the State-owned assets management, industrial and commercial departments to investigate and punish constitutes a crime, criminal responsibility shall be investigated according to law.
    Sixth chapter supplementary articles article 28th foreign property rights of assignee, shall conform to the national requirements and the relevant procedures under the law.
    29th provincial Office for restructuring economic system can be based on these measures, formulate specific implementing rules.
                                                    30th article this way come into force on February 1, 2003.