Rules Of Shenzhen Municipal Property Right Transaction Of State-Owned And Collective Enterprises

Original Language Title: 深圳市国有集体企业产权交易办法

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
    123th number in the Shenzhen People's Government of Shenzhen State-owned collective enterprise property right transaction procedures have three 73 meeting consideration and adoption of the municipal government, is released, as of April 1, 2003.
    Mayor: February 10, 2003, Shenzhen Yu Youjun property rights trading mechanism for State-owned and collective enterprises chapter I General provisions article I for the establishment of State-owned and collective economy mechanism, standardized Enterprise property right transactions, preventing the loss of State-owned and collective assets, these measures are formulated.
    Article these measures shall apply in the following circumstances: (a) listed on the Shenzhen municipal levels of non-State-owned, collective property rights Exchange Act wholly-owned in whole or in part, (ii) municipal levels of non-listed State-owned and collective assets of Shenzhen holdings or trading in property rights of State-owned and collective enterprises, (iii) Shenzhen municipal public company holding or trading in property rights of State-owned and collective enterprises. A third unlisted State-owned, collective property rights transactions must be carried out at a lawfully established property right trading institutions, ban on over-the-counter trading.
    Otherwise provided by laws and regulations, from its provisions.
    Fourth property rights transactions should follow the voluntary good faith, fair competition, equivalence and mutual benefits and principles of fairness and justice. Article fifth title the employees should protect the lawful rights and interests of both sides.
    On staffing matters, according to the relevant State provisions.
    Article sixth title transaction should not damage the interests of others and the public interest, property rights trading in property rights transfer contract, the Parties shall provide for issues such as transfer of creditor's rights and liabilities assumed.
    Seventh of municipal State-owned assets management is responsible for the development of State-owned, collective property rights trading policy, State-owned, collective property rights trading and trading bodies for guiding, inspecting and supervising.
    Eighth chapter property transaction property right trading institutions are approved by the municipal government, registered according to law after the establishment of the service intermediary.
    Property right trading institutions engaged in State-owned and collective property rights trading business, not for profit-making purposes.
    Nineth article property trading institutions of business range has: (a) for property trading provides places; (ii) provides property trading information, and advisory service; (three) audit, and supervision property trading behavior of authenticity; (four) on property trading behavior for mirror card; (five) law to Government about sector report property trading of about major situation; (six) by delegate carried out enterprise State-owned assets property registration and the annual; (seven) Municipal Government approved of other business.
    Article tenth property right trading institutions can implement a membership, dealers.
    11th property right trading institutions should be based on the methods developed property right trading institutions Statute and rules and reported to the municipality for approval before implementation. Chapter trading article 12th property transaction can take recruitment, tenders, auctions and other means approved by the municipal government.
    Specific transactions identified by the transferor.
    Tenders, auctions, implementation of the relevant provisions of the State.
    13th article this approach by said recruitment, is refers to transfer party will intends transfer of enterprise property in property trading institutions public tone expires Hou, transfer party or transfer party delegate of intermediary institutions to meet by let conditions of potential purchase party issued invited, through carefully survey and intention negotiations, determine purchase party candidate who, submitted Review Committee determine priority negotiations object, through negotiations determine by let party of a trading way.
    14th property transaction prices to assess the net asset value of the reference price, approval by the State-owned assets management evaluation, the audit results as a reference price, actual price is below the reference price, shall be reported to the State-owned assets management Department for approval.
    Fourth chapter property rights trading program 15th property transaction in accordance with the following procedures: (a) submission of property rights trading material, handling entrustment of property right transactions, (ii) public listing; (c) handle the buying; (d) transaction; (e) signed a contract of property rights transfer; (vi) forensic handling property transactions.
    16th property to request to enter transactions should be transferred to property right trading institutions to submit proof of qualification, property ownership certificates, granting property rights transfer, transfer notes, and other related materials.
    Article 17th application for the transfer of State-owned property rights should be approved by the State-owned assets management Department application for transfer of collective property rights of enterprises, shall be adopted by the representatives of more than half of the workers Congress and submitted a collective asset management Department. 18th the transfer of property right of State-owned and collective enterprises, should pass through the legal assets Evaluation Agency, asset appraisal report issued by and reported to the relevant authorities for approval or for the record.
    Without legal assessment and report to the approval or for the record, shall not be traded.
    Article 19th property right trading institutions to transfer, purchase forms review of the information submitted by the parties, and upon receipt of the ready materials within 3rd reply whether to approve the deal. Article 20th property right trading institutions the admission to trading of property rights, should be in Yangshuo, released through the networks, newspapers and other media on a regular basis for property rights transaction information.
    Public listing for a period of not less than 20 working days from the date of listing.
    21st purchasers of property right to the application entry, shall submit to the property right trading institutions buyer qualification certificates, credit, purchase intent and other materials.
    22nd foreign and Hong Kong, Macao and Taiwan to buy property rights shall comply with the national provisions relating to foreign investment and industry, and Shenzhen City Guide Directory.
    Article 23rd franchising, franchise or franchise enterprises property of the purchaser, shall be according to the relevant stipulations of the corresponding qualifications and conditions.
    24th in the public listing period and after the expiry of property right trading institutions through the Organization of negotiations, the provision of advisory services for enterprises and provides, inter alia, promote deal.
    25th public listing expires, the property right trading institutions trading transaction should be determined according to the transferor.
    Article 26th after property right transaction, both parties may refer to the property right trading institutions model contracts of property right transfer contract signed.
    27th article property transfer contract of content including: (a) transfer party and by let party of name, and residence, and statutory representative people name; (ii) trading standard of, and price, and price of paid way and the time; (three) transfer party on its transfer of enterprise property of authenticity, and legitimacy of guarantee; (four) transfer party of claims, and debt and the profit and loss processing; (five) transfer party of property delivery matters; (six) property trading of about tax burden; (seven) contract change or lifted of conditions;
    (VIII) liability for breach of contract and contract dispute resolution methods and (IX) other content need agreed by the parties. 28th property transactions must not harm the interests of other creditors.
    Transfer transfer of debts for property transactions, buyers and sellers should be clear in property rights transfer contract.
    Article 29th after property right transaction, buyer and seller shall submit complete property rights transfer to the property right trading institutions, transferee, the transfer of property rights of materials and property rights transfer contract for property right trading institutions certified.
    30th article property trading institutions in received complete material and property transfer contract Hou, should on following matters of authenticity for review and be mirror card: (a) property trading of transfer party and by let party of subject qualification; (ii) transfer property of situation and and transfer party of associated sex; (three) transfer price; (four) transfer program; (five) important contract terms and transfer conditions.
    31st property transaction both by property right trading institutions certified property rights transfer contract, State, industry and commerce, foreign trade, taxation, banking, land, labor, social security, public security and public utilities sector to handle the change concerned units within the statutory time limit for.
    Article 32nd the following property may not be transferred: (a) the property is unknown or disputed, (ii) has been set the mortgage, without the consent, and (iii) has been litigation preservation or be enforced, without the Court's consent; (d) the laws, regulations or Government banning the transfer of (v) restricted right of disposition of other cases.
    33rd deals with national security, defense, cutting-edge technology and the property right transfer of State secrets, in accordance with the relevant provisions of the State.
    34th under any of the following circumstances, property transaction shall be suspended: (a) during the transaction, objected to the transfer of property rights of third parties not yet ruling, (ii) of transactions cannot be due to causes of force majeure and (iii) other circumstances that shall be suspended in accordance with law.
    35th under any of the following circumstances, property rights trading shall terminate: (a) the transaction occurred during the new State-owned assets Administration Department shall not be entitled to transfer and send notice in writing to terminate the transaction; (b) the natural loss of property rights is due to reasons of force majeure, (iii) other circumstances that should be terminated in accordance with law.
    Archives of the 36th property right trading institutions should operate, and the registration of property rights trading, and archives storage and query options.
    Fifth chapter legal liability article 37th state-owned and collective-owned enterprises property right trading parties, at the time of transfer of property rights of State-owned and collective enterprises in the process, is not in accordance with the provisions of publicly traded, by property right trading institutions reporting to the relevant authorities, and the relevant departments investigate the units or personnel of administrative responsibility, constitute a crime, and handed over to judicial organs for handling.
    38th parties to a property transaction issued by deliberately false, there are major omissions or seriously misleading content files, causing damage, he shall compensate. 39th article Enterprise property trading of party has following behavior one of of, by property trading institutions to about sector report, and by about sector law held units or responsibility personnel of administrative responsibility, constitute crime of, transfer judicial organ processing: (a) unauthorized transfer Enterprise State-owned, and collective property, caused State-owned assets loss of; (ii) property trading both malicious collusion, fraud, damage national, and collective or others interests of; (three) deliberately down or too raised trading price and trading conditions, Serious obstacles to a smooth transaction of property rights;

    (D) violation of property rights trading rules, and (v) other behaviors prohibited by laws and regulations.
    40th parties to a property transaction forensic examiners and property transactions in collusion harm interests of the State, a collective or another person shall bear civil liability, constitute a crime, criminal responsibility.
    41st trader commit fraud, abuse of property rights, infringement of legal rights of the parties, subject to the relevant government departments shall be given separately warning, fines, closure and other sanctions.
    42nd provisions violated the State-owned assets management Department for approval, be investigated for responsibility of the persons concerned.
    43rd Government departments violate regulations or property without relevant procedures, be investigated for responsibility of the persons concerned.
    44th financial consultancy, accounting firms, law firms, intermediary organizations such as asset evaluation agencies, management, certificate of property right trading institutions need to report, reporting, certified documents, with a party to the transaction acted in collusion with false, property right trading institutions to assist authorities by law; causing damage, it shall pay constitutes a crime, criminal responsibility.
    Sixth chapter supplementary articles article 45th property right trading institutions to handle enterprise property right transactions, you can charge a fee, and charges by the municipal price control authorities and the State-owned assets management Department.
    46th article of the rules as of April 1, 2003.