Interim Measures For The Board Of Supervisors Of State-Owned Enterprises In Shaanxi Province

Original Language Title: 陕西省国有企业监事会暂行办法

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
(On December 20, 2006 Shaanxi Province Government makes 117th, announced since on February 1, 2007 up purposes) directory first chapter General second chapter terms and the work way third chapter personnel composition fourth chapter work discipline fifth chapter schedule first chapter General first article to sound State-owned enterprise supervision mechanism, strengthening on State-owned assets of regulatory, according to People's Republic of China company law, and State-owned enterprise Board of supervisors interim regulations, about legal regulations, combined this province actual,
    These measures are formulated.
    Second Board of supervisors of State-owned enterprises (hereinafter referred to as the Board of supervisors) by the State-owned assets supervision and administration on behalf of the people's Governments at the corresponding level to its funding of State-owned companies, State-owned enterprises (hereinafter referred to as company) sent.
    Supervisory enterprises by the State-owned assets supervision and administration, reported that the people's Governments at the corresponding level decisions.
    State-owned assets supervision and administration institutions to State-controlled, shareholding enterprises sent a supervisor.
    Article in financial supervision of the Supervisory Board as the core, on the financial activities and directors and senior managers or heads of business management oversight.
    Fourth is the Board of supervisors of State-owned assets supervision and administration departments, management bodies of the supervisory board the Supervisory Board's everyday work. Second chapter terms and the work way fifth article Board of supervisors specific perform following terms: (a) check enterprise financial; (ii) check Director, and senior management personnel or Enterprise head of business decision behavior, on its business management performance for evaluation, proposed rewards and punishments, and appointment of recommends; on violation legal, and regulations, and regulations, and company articles or shareholders will resolution of Director, and senior management personnel or Enterprise head proposed recall of recommends; (three) Director, and senior management personnel or Enterprise head of behavior damage enterprise of interests Shi,
    Requiring it to be corrected, (d) check the business benefits, profit sharing, preservation and appreciation of State assets, operating conditions, (v) other functions stipulated by legal regulations. Sixth Board of supervisors should strengthen daily supervision of enterprises.
    In addition to the enterprises to carry out regular checks, and if needed, to carry out special checks. Seventh article Board of supervisors for supervision check, can take following method: (a) heard enterprise about financial, and assets status and business management situation of reported, held and supervision check matters about of Conference; (ii) check out enterprise of financial accounting report, and accounting voucher, and accounting books, information and the and business management activities about of other information; (three) verification enterprise of financial, and assets status, necessary Shi can requirements Director, and senior management personnel or Enterprise head and the about personnel made description; (four) to financial, and audit, and
    Tax, business, surveillance, customs and other relevant sectors, as well as financial institutions, investigate the financial position and operating management.
    Eighth under supervision and inspection needs, may attend meetings of the Supervisory Board's Board of Directors and party Joint Committee, General Manager of Office and other important meetings.
    The Nineth enterprises shall, without delay, to submit the financial report of the Supervisory Board, report significant management activities, provide needed information and data of the Supervisory Board shall not refuse, conceal and falsified.
    Enterprises should provide the necessary working conditions for the Board of supervisors.
    Tenth Board of supervisors as needed, agreed by the management bodies of the Supervisory Board can hire accounting firms to help enterprises carry out special checks, or suggest that this level shall instruct the audit authority in accordance with the audit of the company.
    11th, relevant departments should support the Board of supervisors to fulfil duties of supervision and inspection, to the Board of supervisors to provide relevant information and data.
    Relevant departments in enterprise restructuring and changes in property rights and performance assessment, adjust the leading group when there are major issues, should seek the opinion of the Supervisory Board and the results in due course. 12th the Board of supervisors after the check of the Enterprise shall be submitted to the supervision and inspection reports in a timely manner.
    Supervision adopted by the Board of supervisors meeting to discuss the report, after it has been signed by the Chairman of the Supervisory Board, reported the State-owned assets supervision and administration.
    Supervision and inspection required by the Government to examine and approve the report, reported by the State-owned assets supervision and administration.
    Supervisors of supervision and inspection reports had different views, should be explained in the report.
    13th article supervision check report General should including following content: (a) enterprise financial status and the business results evaluation; (ii) enterprise and reform development evaluation; (three) major matters reveals and the processing recommends; (four) Enterprise Director, and senior management personnel or Enterprise main head business management performance evaluation and the rewards and punishments, and appointment recommends; (five) Board of supervisors think need report of other matters; (six) State-owned assets supervision management institutions requirements report of matters. 14th Board of supervisors found business conduct may result in the loss of State assets or violate the owner's equity of State-owned assets shall promptly submit special reports to the State-owned assets supervision and administration.
    If necessary, you can report directly to the people's Governments at the corresponding level.
    15th article in the State-owned assets supervision and administration of supervision and inspection reports reflect the problems and urge enterprises to rectify.
    Report of the supervision and inspection of government contracting, the Department concerned shall promptly apply for and submit the results and told state-owned assets supervision and administration bodies at the same level.
    Chapter III composition of the 16th article by the Chairman of the Supervisory Board and 1, supervisor of several members, the members shall not be less than 5. Supervisor of supervisors into full-time and part-time supervisor.
    Full-time supervisor national staff; part-time prison employees through congresses, workers ' or other forms of election, the percentage shall not be less than 1/3 of the Supervisory Board members.
    Board of supervisors may employ necessary staff.
    The 17th Chairman of the Supervisory Board are appointed by the people's Governments at the corresponding level, appointed by the State-owned assets supervision and administration institution.
    Full-time appointment and supervision of State-owned assets supervision and Administration delegation. Part-time supervisor enterprise work management institution, the Board of supervisors approval.
    Directors, senior management or corporate heads and financial staff may not serve as a part-time supervisor. 18th supervisors each for 3-year terms.
    Supervisors term shall be eligible for re-election.
    The 19th Chairman of the Supervisory Board should have a higher policy level and macro-economic expertise, adhere to principles, honesty and self-discipline, be familiar with economic work.
    Chairman of the Supervisory Board shall perform the following duties: (a) the calling and presiding over meetings of the Supervisory Board, (ii) is responsible for the day-to-day work of the Supervisory Board, (iii) validation, sign the reports and resolutions of the Supervisory Board; (d) shall perform other duties by the Chairman of the Supervisory Board.
    20th article prison thing should has following conditions: (a) familiar about legal, and regulations, and regulations, and policy; (ii) has financial, and accounting, and statistics, and audit or economic management, expertise and the 5 years above work experience, familiar enterprise business management work; (three) insisted principles, clean self-discipline, loyal to duty; (four) has strong of integrated analysis, and text wrote and the independent work capacity. Fourth chapter 21st work discipline full-time supervisors shall practise avoidance principle.
    Full-time supervisors shall not be worked in the industries within its jurisdiction, and companies or their close relatives hold senior management positions in the company's Supervisory Board in Office.
    22nd article Board of supervisors members shall not has following behavior: (a) accept Enterprise any gift; (ii) participate in by Enterprise arrangements, and organization or paid costs of tourism, and visits, activities; (three) in enterprise in the for himself, and relatives or others seek self-interest; (four) leaked check report of content and Enterprise commercial secret; (five) full-time prison thing shall not accept Enterprise any paid, and welfare treatment, shall not in Enterprise claims any costs.
    Of the 23rd member of the Supervisory Board of any of the following acts shall be given administrative sanctions; a suspected crime, transferred to the judicial organs shall investigate and deal with: (a) significant discipline problems to enterprises not occult or gross negligence; (b) collude with companies making false inspection reports; (c) the violation of the provisions of this article 22nd.
    Article 24th of falsifying, concealing, refused to provide relevant, directly responsible for the disciplined and the principal responsible person in accordance with the relevant provisions. 25th the citizens, legal persons or other organizations found that members of the Board of supervisors acts that violate the provisions of this article 22nd has the right to report to the State-owned assets supervision and administration, you can also report directly to the authorities.
    State-owned assets supervision and administration bodies and relevant departments should be promptly investigated and dealt with, and feedback.
    The fifth chapter supplementary articles article 26th requirements for the duties of the Supervisory Board, included in the financial budgets, earmarked.
                                                                                            27th article this way come into force on February 1, 2007.