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Shenzhen People's Government Order No. 123 The Zhens National Collective Enterprise Property Exchange Approach has been considered by the thirty-third Standing Conference of the Municipal Government, which is now published, effective 1 April 2003. Mayor: Child Army 1730 March 10 Zhenhencan State Collective Enterprise Property Exchange Approach Chapter I General Article 1 regulates corporate property transactions to prevent State-owned and collective asset losses and develops this approach in order to establish a State-owned and collective economic exit mechanism. Article 2 (i) The conduct of non-market-based, collective or partial property transactions at all levels of Zhennzhen; (ii) The conduct of non-market State, collective asset control units or participating in the unit's enterprise and collective property transactions at all levels; (iii) The Zhenh City Corporate Control Unit or Participated in Corporate State and Collective Property Transactions. Article 3. State-owned and collective corporate property transactions must be carried out by a property transaction body established by law, prohibiting off-site transactions. The law, legislation and regulations provide otherwise, from their provisions. Article 4 deals with property rights should be guided by the principles of voluntary integrity, equal competition, mutual benefits and equity and justice. Article 5. Both parties to the property transaction shall guarantee the legitimate rights and interests of their employees in accordance with the law. Staff placements are implemented in accordance with the relevant national provisions. Article 6. Article 7. State asset management in the city is responsible for the development of State-owned, collective property transaction policies that guide, inspect and monitor State-owned, collective property transaction and trading agencies. Chapter II Article 8. The property transaction body is the service-neutral agency established after the approval of the municipality and registration by law. A property transaction agency engages in State-owned and collective property transactions and shall not be profitable. Article 9. The scope of the operation of the property trading body is as follows: (i) Provide a place for property transactions; (ii) Provide information on property transactions, advisory services; (iii) Examination, supervision of the authenticity of property transactions; (iv) Identification of property transactions; (v) Reports of the relevant material transactions to the relevant authorities of the Government in accordance with the law; (vi) Registration and annual inspection of corporate property rights by commissioning; (vii) Other operations approved by the municipality. Article 10. A property transaction agency may introduce membership, trader. Article 11. The property transaction body shall establish the statutes and rules of transactions of the property transaction body in accordance with this approach, and shall report to the municipal government for approval. Chapter III Modalities for property transactions Article 12. The property transaction may take other forms of recruitment, tendering, auction and approval by the municipal government. Specific transactions are determined by the transferor. The implementation of the relevant provisions of the State is carried out through tendering, auctioning methods. Article 13, which refers to the recruitment of the transferor's corporate property rights that are to be transferred after the expiration of the public wall of the property transaction agency, an invitation from the transferor or the transferee's licensed intermediary to the potential buyer in compliance with the conditions of concessions, to determine the buyer's candidate by carefully investigating and expressing interest negotiations, to submit to the evaluation committee the priority negotiator and to negotiate a transaction by the distributor. Article 14. Chapter IV Article 15. (i) Submission of property transaction material and procedures for processing property transactions; (ii) Public walls; (iii) Processing requisitions; (iv) Transactions; (v) A property transfer contract; (vi) A certificate of identification of property transactions. Article 16 refers to the application by the transferee of the property right to enter into the transaction and shall submit to the transferee's main qualifications certificate, the certificate of belonging to the property, the granting of the property transfer certificate, the description of the transferee and other related materials. Article 17 Applications for the transfer of corporate property shall be approved by State asset management; applications for the transfer of corporate corporate property shall be adopted by more than half of the representatives of the General Assembly and reported on the collective asset management case. Article 18 transfers of State-owned corporate property shall be carried out through an assessment by the statutory asset assessment body, an asset assessment report and the approval or documentation of the relevant authorities. No transaction shall be carried out without a legal assessment and approval or submission. Article 19, the property transaction body shall conduct a formal review of the information submitted by the transferee, the buyer and, within three days of receipt of the material, whether the transaction is granted. Article 20, corporate property rights granted to the transaction shall be published in a timely manner, and information on property transactions is disseminated regularly through the media such as networks, newspapers and etc. The public wall was not less than 20 working days from the date of the wall. Article 21, the owner's purchaser shall apply for entry into the market transaction and shall submit to the property trading body the material such as the owner's certificate of qualifications, the letter of qualifications, the requisitioning of interest. Article 2 The purchaser of corporate property with exclusive, exclusive or other licence authority shall be subject to the relevant provisions. Article 24 facilitates the delivery of property transactions by property trading agencies, including through the organization of negotiations, advice. Article 25, after the expiry of the public wall, the property transaction body shall organize transactions in the manner determined by the transferor. Article 26, after the transfer of property rights, the parties to the transaction may enter into a property transfer contract in the light of the model contract provided by the WIPO transaction agency. The content of the property transfer contract includes: (i) The name of the transferee and the licensee, the residence and the name of the legal representative; (ii) The manner and time of payment of trademarks, prices, prices; (iii) The authenticity and legitimacy of the transferee's corporate property rights; (iv) The transferor's claims, debts and losses; (v) The transferee's property transfer; (vi) The tax burden of the property transaction; (vii) Conditions for contract changes or dismissal; (viii) The manner in which the responsibility for breach of the contract is resolved with the contractual dispute; (ix) The parties consider other elements to be agreed. Article 28 does not undermine the rights and interests of other creditors. The transferor's claim debt was transferred as a result of the property transaction and the buyers should be clear in the property transfer contract. After the transfer of property rights, the buyer and the buyer shall submit to the owner, the licensee, the material on the transfer of property rights and the property transfer contract for the identification of the property transaction body. Article 33 The reality of the following matters shall be reviewed and validated by the property transaction body after the receipt of the secured material and the transfer of property: (i) The transferee and the subjectivity of the owner of the property transaction; (ii) The transfer of property rights and their relevance to the transferor; (iii) Transfer prices; (iv) Transfer procedures; (v) Important terms of contract and terms of transfer. Article 31 Contracts for the transfer of property licensed by the property rights transaction between the parties to the property rights trading system are governed by the State's funds, tax, external trade, business, banking, land, labour, social security, public safety and public utilities, etc.; the relevant sector shall be processed within the statutory period. The following article 32 shall not be transferred: (i) The property is unknown or controversial; (ii) A mortgage has been put in place without the consent of the collateral; (iii) It has been preserved or enforced without the consent of the jurisdictional court; (iv) Law, legislation or government prohibiting transfers; (v) Other limitations on the right to disposal. Article 33 deals with the transfer of property rights involving national security, defence, sophisticated technology and State secrets, and is implemented in accordance with the relevant national provisions. Article 34 states that a property transaction shall be suspended if: (i) During the transaction, a third party challenge the transfer of property rights has not been ruled; (ii) The transaction activity cannot be carried out because of force majeure; (iii) Other cases to be suspended by law. Article 33 is one of the following cases: (i) In the course of the transaction, the State asset management confirmed that the transferor was not entitled to transfer and sent a written notice to terminate the transaction; (ii) The natural loss of property due to force majeure; (iii) Other cases to be terminated by law. Article XVI deals with property rights companies shall be required to maintain the archives, register the property transaction and develop a record-keeping and searching method. Chapter V Legal responsibility Article 37 deals with State, collective corporate property rights, which does not deal with public transactions in the course of dealing with the transfer of corporate State, collective property rights, which is reported by the WIPO transaction body to the relevant sectors and are held by the relevant authorities to account for the administrative responsibility of the relevant units or persons responsible, which constitutes a crime and transferred to the judiciary. Article 338 deals with the intention of a document of false, significant omissions or serious misleading content that causes loss of others and should be compensated. Article 39 parties dealing with corporate property are one of the following acts, which are reported by the property rights trading agencies to the relevant sectors and are held in accordance with the law by the relevant authorities to the administrative responsibility of the relevant units or responsible persons, which constitutes an offence and transferred to the judiciary: (i) The unauthorized transfer of corporate State and collective property, resulting in loss of State assets; (ii) The malicious collusion of the parties to the property transaction and misleading the interests of the State, the collective or others; (iii) The deliberate pressure or excessive rise in transaction prices and transaction conditions seriously hamper the smooth conduct of property transactions; (iv) Violations of the property rights transaction rules; (v) Other acts prohibited by law, regulations. Article 40 Complexs between the owner transaction identifier and the party to the property transaction, undermines the interests of the State, the collective or other person, and assumes civil responsibility, which constitutes an offence and bears criminal responsibility. Article 40 quantifies the wrongdoing of a property transaction agency, with the right to be private and infringe on the legitimate rights and interests of the parties to the transaction, and the Government concerned imposes penalties in accordance with the law. Article 42, State asset management, in violation of the provisions, is responsible for the responsible person. Article 43 Article 44 Intermediation organizations, such as the Financial Adviser, the Auditor-General's Affairs, the Legal Counsel, the asset assessment body, etc., have worked with the parties to the transaction in the form of vouchers, reports, certificates, etc., to assist the relevant sectors in accordance with the law; to cause losses of others, to be compensated; to constitute criminal liability. Annex VI Article 42 RAs may collect certain costs when dealing with corporate property transactions, and the fees are approved by the municipal price sector with the municipal asset management. Article 46 of this approach was implemented effective 1 April 2003. |
