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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

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(Act No. 117 of the People's Government Order No. 117 of 20 December 2006 on 1 February 2007)

Contents
Chapter I General
Chapter II
Chapter III Composition of persons
Chapter IV
Chapter V
Chapter I General
Article 1, in order to enhance the regulation of State-owned assets, is based on the relevant legislation, such as the People's Republic of China Companies Act, the National Enterprise Curriculum provisional regulations, which are developed in conjunction with the practice of the province.
Article 2 State enterprise treasury (hereinafter referred to as a directory) was sent by the State-owned company, the State-owned enterprise (hereinafter referred to as an enterprise) funded by the State's asset monitoring authority on behalf of the Government.
Business dispatched by the National Asset Regulatory Authority, the Government of the People's Government decided.
The State-owned asset monitoring authority may send a mission to the State Control Unit and to the unit's business.
Article 3 is central to financial supervision and oversees the operation management of corporate financial activities and directors, senior managers or corporate heads.
Article IV is the competent authority of the National Asset Regulatory Authority, which is specifically responsible for the day-to-day work of the CMS.
Chapter II
Article 5
(i) Inspection of corporate finance;
(ii) Examination of the conduct of business decision-making by directors, senior managers or heads of enterprises, evaluation of their business management performance, presentation of awards, waivers; recommendations for dismissal against directors, senior management or corporate officials who violate the laws, regulations, corporate constitutions or shareholders resolutions;
(iii) The behaviour of directors, senior managers or heads of enterprises undermines the interests of the enterprise by requiring them to be corrected;
(iv) Examination of the operation benefits of the enterprise, the distribution of profits, the value added of State asset insurance and the operation of assets;
(v) Other functions provided for in the legislation.
Article 6. In addition to regular inspections of enterprises, specific inspections may be carried out according to the needs.
Article 7 conducts oversight inspections and may take the following methods:
(i) Hearing corporate reporting on financial, asset status and management and convening meetings related to oversight matters;
(ii) Access to financial accounting reports, accounting vouchers, accounting books and other information relating to business management activities;
(iii) Verification of the financial, asset situation of the enterprise and, if necessary, may require clarification from the directors, senior managers or heads of enterprises and associated personnel;
(iv) To investigate the financial situation and business management of enterprises with the relevant sectors, such as finance, audit, tax, business, inspection, customs and financial institutions.
In accordance with the need to monitor inspections, the directory may attend important meetings such as the Board of Trustees of Enterprises, the Party's Co-Chairs and the General Manager's Office.
Article 9. Enterprises should submit financial accounting reports in a timely and real manner, report on major business management activities, provide information and information on the needs of the treasury, without denying, concealing and reporting.
Enterprises should provide the necessary working conditions for the CPA.
In accordance with Article 10, the CPA, with the consent of the POW, may hire the treasury services to assist in the conduct of specialized inspections of enterprises or recommend that the Government of the current people entrust the audit body with conducting an audit of the enterprise by law.
The relevant sectors should support the CPA in carrying out its oversight duties and provide information and information to the CPA.
In deciding on key matters such as restructuring, property change and performance appraisal, and the restructuring of business leadership, the authorities should seek advice and inform the results in due course.
Article 12 Upon completion of the business inspection, the supervisory inspection reports should be submitted in a timely manner. The oversight inspection report was adopted by the CPA meeting, followed by the signing of the President of the CEO, reporting the State asset monitoring authority.
Oversight inspection reports, which are subject to consideration by the people's Government, are presented by the State asset monitoring authority.
There were different views on oversight reports and should be described in the report.
Article 13 Oversight inspection reports should generally include the following:
(i) The financial situation of enterprises and the evaluation of business results;
(ii) Enterprise management and development evaluation;
(iii) Disclosure of major matters and the processing of recommendations;
(iv) Business directors, senior managers or key corporate heads in the management of performance evaluation and awards, as well as recommendations for dismissal;
(v) Other matters considered by the Prison Office as requiring the report;
(vi) Matters requiring reporting by State asset monitoring authorities.
Article XIV states that business practices may result in loss of State assets or violations of the rights and interests of all persons in State assets should be promptly reported to the State asset oversight bodies. Where necessary, reports can be reported directly to the Government of the people at this level.
Article 15. The State asset monitoring authority promotes business change with respect to issues reflected in the oversight inspection reports.
Monitoring reports for the Government of the People's Government, the authorities concerned should conduct and report the results in a timely manner, while informing the same-ranking State asset control authorities.
Chapter III Composition of persons
Article 16 consists of one President and a number of persons in prison, with no fewer than five members.
The prisons are divided into special and part-time visits. The full-time office is a national staff member; the Principality is elected by an enterprise worker through the Staff Union Congress, the Employer's Congress or other forms of employment, which is not less than one third of the members of the CPA.
The Office could hire the necessary staff.
Article 17
The special office was appointed and sent by the State asset monitoring authority.
The office is reviewed and reviewed by the enterprise reporting authority. Enterprise directors, senior managers or corporate heads and financial personnel shall not be allowed to perform part-time missions.
Article 18 The term of office expires and may be re-elected.
Article 19 The President of the Bureau should have high levels of policy and macroeconomic expertise, upholding principles, integrity and familiarity with economic work.
The President of the Conference performs the following duties:
(i) Convening, presidenceing meetings of the Conference;
(ii) To be responsible for the day-to-day work of the CPA;
(iii) Accreditation, signing of the report and resolutions of the Conference;
(iv) Other responsibilities that should be performed by the President of the CPA.
Article 20 should have the following conditions:
(i) Acquaint with relevant laws, regulations, policies;
(ii) Expertise such as financial, accounting, statistics, audit or economic management and experience over five years, familiarity with business management;
(iii) To uphold the principle of integrity and integrity;
(iv) A more integrated analytical, written and independent capacity.
Chapter IV
Article 21, the principle of evasion was applied by the special prison. A dedicated prison shall not be held in the treasury of a business that has previously been governed by the industry, a business that has been working or its close relatives in senior management positions.
Article 22 shall not include:
(i) accept any gift from the enterprise;
(ii) Participation in activities such as business arrangements, organization or payment of fees;
(iii) Individually profiting in enterprises for themselves, friends or others;
(iv) Disclosure of the contents of the report and business secrets;
(v) A dedicated prison shall not accept any compensation, welfare treatment for the enterprise and shall not be reimbursed by the enterprise.
Article 23 consists of one of the following acts, which are governed by the law, and who are suspected of committing crimes, are transferred to the judiciary by law:
(i) The concealment or gross negligence of major misconduct by enterprises;
(ii) A series of false oversight reports with businesses;
(iii) Violations of article 22 of this approach.
Article 24: Business falsely, concealment, refusal to provide the relevant information and dispose of the person directly responsible and the principals in accordance with the relevant provisions.
Article 25 Civil, legal or other organizations have found that members of the CIA have breached the provisions of article 22 of this approach and have the right to report to the State-owned asset monitoring body or to report directly to the relevant authorities. The State-owned asset monitoring authority and the relevant departments should be promptly checked and feedback.
Chapter V
Article 26
Article 27 of this approach was implemented effective 1 February 2007.