Asset evaluation agencies, approving, and monitoring management

    (August 11, 2011 64th release of finance come into force October 1, 2011) Chapter I General provisions

    First in order to regulate the approval of asset evaluation agencies, strengthen the supervision of asset appraisal institutions, promote the healthy development of appraisal profession, these measures are formulated.

    Asset evaluation agencies are legally established under article II, asset evaluation, assets appraisal agencies operating.

    Article Department of Treasury assets evaluation industry, developing asset appraisal Office management system, is responsible for the approval and supervision of the national appraisal firm.

    All provinces, autonomous regions and municipalities directly under the financial offices (bureaus) (hereinafter referred to as the provincial financial Department) is responsible for the approval and supervision of asset evaluation agencies in the region.

    Fourth China appraisal society is responsible for the national appraisal industry self-regulatory management to help finance approvals and regulatory national asset evaluation agencies.

    All provinces, autonomous regions, municipalities, separately listed cities appraisal society is responsible for the appraisal industry self-regulatory management to assist approval and supervision of the financial sector in the region at the provincial level appraisal firm.

    Article fifth appraisal firm's business scope includes: single asset assessment, portfolio assessment, business valuation, other assets, and related consulting services.

    Sixth asset evaluation institutions shall obtain asset eligibility, compliance with relevant laws and regulations, professional standards and norms of practice.

    Article seventh assets appraisal agencies engaged in the asset evaluation business according to law, not subject to administrative regions, trade restrictions, and no organization or individual may illegally interfere.

    Eighth asset evaluation agencies should join the China asset Evaluation Association, become a member of the China asset Evaluation Association.

    Chapter II establishment of asset appraisal institutions

    Nineth asset evaluation agencies to adopt general partnership (including special general partnership, hereinafter referred to as partnership) are set up, or limited liability company (hereinafter referred to as company) set up in the form.

    Tenth article name asset evaluation agencies must contain "asset evaluation".

    Appraisal firm size shall not have approved the establishment of the appraisal firm size repeat.

    11th the establishment of partnership assets Evaluation Agency, except in accordance with the relevant State laws and regulations, but should also meet the following conditions:

    (A) 2 or more in line with the partner as provided herein;

    (B) there are 5 or more CPV;

    (C) the partner paid the total registered capital of no less than RMB 100,000 yuan, and the special forms of general partnership established by the partners paid the total registered capital of no less than RMB 300,000 yuan.

    12th company established asset evaluation agencies, except in accordance with the relevant State laws and regulations, but should also meet the following conditions:

    (A) 2 or more in line with the shareholders as provided herein;

    (B) 8 or more CPV;

    (C) the registered capital of no less than RMB 300,000 yuan.

    13th asset evaluation agencies partner or shareholder shall satisfy the following conditions:

    (A) the certificate of a registered valuer;

    (Ii) after obtaining the CPV's certificate, and nearly three years of continuous full-time work appraisal business;

    (C) within the three years prior to becoming partners or shareholders, not for assessment practice self-discipline by disciplinary or administrative penalties.

    14th appraisal firm based on internal management needs, in accordance with the cases provided for in article 11th to 13th, you can add a non-natural person as a partner or shareholder of a registered valuer, specific conditions shall be separately stipulated.

    15th partnership asset evaluation agencies the senior partner and company asset evaluation agencies should be under the authority of the legal representative of a registered appraiser certificate of partnership Affairs of partners or shareholders as a.

    16th established asset evaluation agencies should be handled by all the partners or shareholders (hereinafter the applicant) appointed representative or jointly entrusted agent, make application to the provincial Finance Department, and submit the following application materials:

    (A) the asset evaluation agencies set up application form;

    (B) the partnership agreement or articles of Association;

    (C) the name pre-approval notice issued by the administrative departments for industry and Commerce;

    (D) establishment of partnership assets evaluation agencies, provide proof of funding; the establishment of company asset evaluation agencies and providing capital verification report;

    (E) the resumes of partners or shareholders, as well as managing partner or the person of the legal representative;

    (Vi) the local appraisal society to verify the CPV's registry matrix, partners or shareholders of continuous years of specializing in asset evaluation business and not for assessment practice self-discipline disciplinary or administrative penalties of supporting documents;

    (G) the CPV's certificate and identity card copy;

    (H) the CPV's transfer application form;

    (I) the Office property or the right to valid proof.

    17th provincial financial departments should review the application materials submitted by the applicant, the law's decision to accept or not to accept, and special seal for certificate with the provincial Finance Department and dated written confirmation. Application materials are incomplete or do not meet the required form, shall, within 5 working days once inform all applicants need to supplement the content.

    Fails to inform that, from the date of receipt of the application materials shall be deemed accepted.

    18th provincial finance departments after the acceptance of the application, application materials should be appraisal firm name, partner or shareholder, partner or legal representative, CPV and other relevant information be publicized, public notice period of not less than 5 working days.

    Real names reported during the publicity or protest, provincial financial departments shall organize and verify. 19th provincial Finance Department shall accept the establishment of asset appraisal institutions within 20 working days from the date of the application, review the application materials in accordance with regulations, the decision to approve or not to approve.

    Cannot make a decision within 20 working days, approved by the heads of the Executive, may be appropriately extended, but shall not exceed 10 working days and shall inform the applicant of the reasons for such further period. 20th provincial Finance Department approved the establishment of asset evaluation agencies determine, shall be issued to the applicant documents of ratification.

    Approval document shall contain the following particulars:

    (A) the name of asset evaluation agencies and organization;

    (B) the partners or shareholders of asset evaluation agencies and funded by basic situation;

    (C) appraisal firm managing partner or legal representative;

    (D) the CPV's basic situation;

    (V) registered valuer procedures required to complete a turn.

    21st applicant approval documents for completed business registration and the China asset evaluation association after the admission procedures shall apply to the financial Department of the provincial property assessment certificate and copy of the business license and industrial and commercial administrative departments for the record partnership agreement or the articles submitted to the provincial financial department.

    Asset appraisal qualifications uniformly printed by the Finance Ministry, stamped with the seal of the authority, presented by the provincial financial sector.

    22nd Provincial Finance Department approved the establishment of asset evaluation agencies, should be reported to the Ministry of finance approval documents and application materials for the record, copied to the appraisal and approval documents place of asset Evaluation Association and the China asset Evaluation Association.

    Treasury Department found improper approval, shall order the provincial finance departments or even cancel.

    23rd provincial financial Department decided not to approve the establishment of asset evaluation institutions shall notify the applicant in writing, giving reasons, and inform the applicant of the right to apply for administrative reconsideration or bring an administrative lawsuit in accordance with law.

    Chapter III establishment of asset evaluation agencies branch

    24th asset evaluation agencies branch offices (hereinafter referred to as affiliates) refers to the assets appraisal agencies engaged in the asset evaluation business in different places to set up according to law agencies.

    Branches of civil liability by setting up the branch of asset evaluation agencies.

    25th branches shall be in the name of "appraisal firm located administrative division name + name + branches (branch)" form.

    26th assets appraisal institution branches to be established shall meet the following conditions:

    (A) the asset qualification for more than three years, internal management systems;

    (B) more than 20 registered valuer, excluding intends to transfer to a branch office of certified practising valuer and established other branches of CPV;

    (C) asset evaluation agencies apply for three years before the date of evaluation of business income totals less than 15 million Yuan;

    (D) an application before three years evaluation practice self-discipline disciplinary or administrative penalties.

    The 27th branch shall satisfy the following conditions:

    (A) there are 6 or more CPV;

    (B) have a fixed office space.

    The 28th head of the branch shall satisfy the following conditions:

    (A) the certificate of a registered valuer;

    (Ii) after obtaining the CPV's certificate practising for three years;

    (C) before becoming a Director within three years, not for assessment practice self-discipline by disciplinary or administrative penalties.

    29th qualified appraisal firms to set up branches, branches provincial financial departments shall submit the following materials:

    (A) the application form for appraisal firms to set up branches;

    (B) resolution of appraisal firms to set up branches;

    (C) the assets appraisal institution authorized branches of business;

    (D) to be appointed principal of the Branch Office resume;

    (V) asset evaluation agencies apply for three years before the date of the annual audit reports;

    (Vi) appraisal firm appraisal firm appraisal society to verify the seat registered valuer register summary, CPV's certificate and ID card copy;

    (G) the branch location appraisal society to verify the CPV's registration to be transferred to a branch a summary, CPV's certificate and ID card copy of the transfer certificate;

    (H) the branch office property or the right to valid documents;

    (I) the assets appraisal institution management approach to its branches.

    Cross-provincial branches of appraisal firms, should also be submitted to the asset evaluation agencies issued by the provincial financial Department to set up branches in writing.

    30th asset evaluation agencies branches of provincial financial departments shall apply to branches of review materials, approval procedures in accordance with the measures 17th to 23rd of the relevant regulations.

    31st asset evaluation agencies should complete a branch within 10 business days of registration, branches home to submit the photocopy of asset evaluation agencies of the provincial financial department.

    32nd TRANS-provincial branches of appraisal firms, provincial financial departments shall, where the branch approval documents copied to set up the branch assets evaluation agencies and the seat of the provincial financial Department and the asset Evaluation Association.

    Fourth chapter asset evaluation agencies and branches of the modification and termination

    33rd asset evaluation agencies or branches of the name, senior partner or legal representative, partner or shareholder, principal of the Branch Office changed, shall be from the date of the resolution in the 20th to the provincial Finance Department and copied home appraisal society.

    34th asset evaluation agencies can be merged according to the relevant laws and regulations of the State or Division.

    After the merger or Division of new assets Evaluation Agency, in accordance with the present article 17th to 23rd, 35th, the provisions of established procedures.

    Surviving after the merger or Division of assets Evaluation Agency, according to 33rd, 35th, the provisions of these measures.

    35th asset evaluation agencies when the merger or Division should provide a combination or separation agreement, merger or Division of base date audited financial statements.

    Merger or division agreement shall include the following:

    (A) before the merger or Division of assets appraisal institution archives programme;

    (B) before the merger or Division of assets evaluation agencies of the occupational risks Fund programme;

    (C) before the merger or Division of assets evaluation agency business, practice responsibilities of inheritance relationships.

    36th partnership asset evaluation agencies to corporate assets Evaluation Agency, or company asset evaluation agencies to partnership assets Evaluation Agency, as provided for in article article 17th to 23rd of this approach for the established procedures.

    Financial departments at the provincial level in the approval documents shall be stated after the change of institutions and transformed the institution, after the change of institution before completing business registration, to allow ex-sector asset eligibility continue to be valid. 37th asset evaluation agencies migrate premises across administrative division at the provincial level, you should first make application to the provincial financial departments have moved out, asset evaluation agencies and submit applications for relocation of the Administrative Division at the provincial level tables and relocation of the partners or shareholders ' meeting resolution.

    After getting moved out of the provincial financial department written comments, submit the following materials to the new provincial financial sector:

    (A) the asset evaluation agencies migrate applications across administrative division at the provincial level;

    (B) move the name pre-approval notice issued by the administrative departments for industry and Commerce;

    (C) asset evaluation institutions certificate, copy of the original;

    (D) the resumes of partners or shareholders, as well as managing partner or the person of the legal representative;

    (E) resolution of the partners or shareholders;

    (F) the move out appraisal society to verify list of CPV's registry;

    (G) the Office property or the right to valid proof.

    Moved approval of the provincial financial department assets appraisal agencies migrate premises across administrative division at the provincial level, as provided for in article article 17th to 23rd of this approach for the established procedures.

    38th under any of the following circumstances, provincial financial departments shall for the write-off of assets evaluation procedures:

    (A) the assets appraisal institution terminated according to law;

    (B) the asset qualification is revoked, or asset qualification certificate is revoked;

    (C) stipulated by laws and administrative regulations should be written off assets appraisal qualifications in other circumstances.

    39th under any of the following circumstances, the provincial financial departments shall have branches of the cancellation:

    (A) the asset evaluation agencies decided to withdraw the establishment of branches;

    (B) assets evaluation on assets appraisal agencies eligible for cancellation;

    (C) provincial financial departments to revoke the licensing for branch establishment;

    (D) legal and administrative regulations should be written off branches in other circumstances.

    40th for the cancellation of the asset evaluation agencies and branch office procedures of asset evaluation institutions shall return the property assessment certificate, submit a programme of assessment of business archives and kept properly evaluate business files.

    41st provincial Finance Department for asset evaluation agencies or branches cancellation procedures, it shall notify the home appraisal society, and to make an announcement.

    42nd branch location branches governed by provincial finance departments shall change, termination, CC, the establishment of the branch assets evaluation agencies and the seat of the provincial financial Department and the asset Evaluation Association.

    Financial departments at the provincial level shall be governed by the asset evaluation agencies and branches change, termination, to the Ministry of finance and the China asset Evaluation Association record.

    Supervision and administration of the fifth chapter

    43rd asset evaluation agencies partners or shareholders and heads of branches should be registered in institutions and specialized asset valuation business, partners or shareholders other than provided for in article 14th. 44th asset evaluation agencies should establish a sound internal management system.

    Internal management system should include the following:

    (A) personnel management;

    (B) financial management systems;

    (C) certified quality control systems;

    (D) evaluation of business management systems;

    (E) operational records management systems. Article 45th Chief Appraiser of the asset evaluation agencies should establish systems.

    Chief Appraiser by the CPV's certificate held by the institutions of the partners or shareholders who practise responsible for quality control.

    46th asset evaluation agencies should be required and use professional risk fund, purchase professional liability insurance, professional liability protection mechanism.

    47th asset evaluation agencies should be in the personnel, financial, norms of practice, quality control, customer service, corporate image of unified management of its branches established.

    48th among securities and futures-related business, asset evaluation agencies can authorize on behalf of the branch to the Branch Office issued appraisal reports.

    49th assets evaluation on assets appraisal agencies qualification certificate is lost or damaged, shall apply to the issuing authority for replacement or renewal certificate.

    50th above the provincial level financial departments shall exercise supervision over the following checks:

    (A) the asset evaluation agencies or branch offices to maintain established conditions;

    (B) the asset evaluation agencies reported to the provincial financial department matters;

    (C) the practice of asset evaluation agencies or branches;

    (D) other supervision and inspection matters prescribed by laws and administrative regulations.

    Asset appraisal associations should asset evaluation agencies and branches implement practice quality inspection, establishment of credit archives system.

    51st duration of assets evaluation institutions and their branches shall be continued in accordance with the measures provided for establishment and 43rd of the regulations.

    Violation of the provisions of the first paragraph, asset evaluation institutions and their branches shall not comply with the conditions exist within 10 working days from the date the relevant written reports to the provincial Finance Department and required conditions are met within 90 days.

    Violation of the provisions of the first paragraph, and appraisal firm in 90 days or branches that did not meet the stipulated conditions, provincial financial departments should revoke its assets appraisal qualifications or branches of the establishment license, and shall be published.

    52nd asset evaluation agencies should be in by April 30 of each year, submit the following materials to the provincial Finance Department and copied home appraisal society:

    (A) the assets appraisal institution basic statistics;

    (B) by an accounting firm on the audit of the annual financial statements;

    (C) the annual summary of assets evaluation projects on asset evaluation agencies;

    (Iv) copy of professional liability insurance, accumulated evidence of the occupational risks Fund.

    Asset evaluation agencies with branches across administrative division at the provincial level, the branch should be related materials authorized branches of business and asset valuation agencies submitted to the branch locality of the provincial financial department.

    The sixth chapter legal liability

    53rd in asset evaluation agencies or branches established applications, the applicant or the asset evaluation agencies conceal the relevant information or provide false materials, provincial finance departments shall not be accepted or rejected, and warning.

    54th asset evaluation agencies or branch offices by fraud, bribery or other improper means to obtain qualifications for appraisal or set up branches, the provincial financial department shall revoke the valuation of their assets eligibility or branches of the establishment license, and shall be published.

    55th asset evaluation agencies or branches of any of the following acts, above the provincial level should a rectification of the financial sector, and may be subject to a warning:

    (A) is not provided for by this way the 44th set up a sound internal management system;

    (B) is not provided for by this way the 46th extract and use the occupational risks Fund or to purchase professional liability insurance;

    (C) in violation of these regulations the 51st article, not within the time stipulated in the report;

    (Iv) sending material in accordance with this approach the 52nd article;

    (E) has not been checked with the financial sector supervision. 56th asset evaluation agencies or branches of the following circumstances, above the provincial level should a rectification of the financial sector, with a warning.

    Has illegally obtained, confiscation of illegal income, and illegal gains shall be fined not more than 3 times, up to 30,000 yuan fines; no illegal income, and may impose a fine of less than 10,000 Yuan:

    (A) on behalf of the fraudulent use of other agencies, allowing other institutions or individuals in this Office on behalf of;

    (B) the alteration, lease or lending asset qualification certificate;

    (C) to the principal or the evaluation unit to ask for or accept engagement letter agreed remuneration or other property, or take advantage of business, gain other improper interests;

    (Iv) coercion, fraud, malicious reduced charges of improperly touting;

    (E) disclose the trustor or the assessment unit business secrets;

    (F) allow the CPV's only absentee is not this body practice, or knowledge that the registered valuer in other institutions practitioner does not stop.

    57th financial authorities above the provincial level before making a decision of administrative penalty shall inform the parties of the facts, reasons and basis for administrative penalty decisions are made, and shall inform the Parties shall have the right to.

    Article 58th staff in the implementation of the approval and supervision of the financial sector in the process, abuse of power, negligence, malpractice, or revealing State secrets, business secrets and shall be subject to punishment.

    The seventh chapter by-laws

    59th in underdeveloped areas to set up asset evaluation agencies can hardly meet the conditions as provided herein, can reduce the conditions, specific measures shall be prescribed separately.

    Arts and culture, natural resources, set up special asset valuation asset evaluation agencies, the establishment of conditions can be adjusted, and the specific measures separately.

    60th has other assessment agencies established by law, in line with the approach set forth in 11th to 15th, may apply to the provincial financial Department for asset evaluation, in accordance with the 17th to 23rd of relevant provisions of these measures. 61st these measures come into force October 1, 2011. Released May 11, 2005 of the Ministry of administrative measures on the assets evaluation agency approval (Ministry of the 22nd) repealed simultaneously.