In order to further standardize the transfer of property rights of local state-owned financial enterprises in Chongqing, effectively safeguard the legitimate rights and interests of state-owned enterprises, and prevent the loss of state-owned assets, according to the relevant laws and regulations such as the Measures for the Administration of the Transfer of State-owned Property Rights of Enterprises in Chongqing (Yu Fu Decree No.220), combined with the actual situation of our city, the relevant issues are hereby notified as follows, please follow them.
First, Chongqing local state-owned financial enterprises (hereinafter referred to as first-class enterprises) and their holding enterprises (hereinafter referred to as subsidiaries) transfer important property rights, large creditor's rights, intellectual property rights and equity in legally established property rights trading institutions at or above the provincial level with state-owned property rights trading qualifications.
Important property rights and large amount of creditor's rights shall be implemented according to the standards stipulated in the Notice on Implementing the Administrative Measures for the Transfer of State-owned Property Rights of Enterprises in Chongqing (No.4 [2009] of Chongqing State-owned Assets).
Second, the transfer of property rights obtained by the first-class enterprise and its subsidiaries due to the exercise of creditor's rights or security rights according to law, and compensation by the debtor, guarantor or third party, should be determined according to its internal risk control system and decision-making procedures.
Three. The transfer of important property rights, large amount of creditor's rights, intellectual property rights and equity by tier-one enterprises and their subsidiaries shall be handled in accordance with the following principles:
1. The transfer of important property rights and intellectual property rights with an estimated value of100,000 yuan or more shall be reviewed step by step according to the internal rules of procedure, and then approved by the shareholders' meeting or board of directors of the first-level enterprise. Before the shareholders' meeting or board meeting of the first-class enterprise is held 10 working days, the largest state-owned shareholder unit of the first-class enterprise shall report the proposal and its audit opinions to the municipal SASAC for the record. Municipal State-owned Assets Supervision and Administration Commission (SASAC) will inform the first-class enterprises of its opinions in writing within five working days after receiving the filing materials, and shareholders' representatives from all countries will vote according to the filing opinions of SASAC when deliberating at the shareholders' meeting or the board meeting. If no written opinions are put forward within the prescribed time limit or the written opinions are postponed, it shall be deemed as consent to the transfer.
2. After the agreement transfer of state-owned property rights and the transfer of state-owned shares, the enterprise no longer has an absolute or relative holding position, the shares with an estimated value of 5 million yuan or more are transferred, and the transfer price of state-owned property rights needs to be determined below 90% of the estimated value, which should be reviewed step by step according to the internal rules of procedure, and then reviewed and approved by the first-level enterprise shareholders' meeting or the board meeting. Dongdan, the largest state-owned enterprise in a first-class enterprise, is located 65,438+05 working days before the shareholders' meeting or board meeting, and the transfer shall be submitted in writing to the Municipal State-owned Assets Supervision and Administration Commission for approval according to the prescribed authority. SASAC will notify shareholders of all countries in writing within 65,438+00 working days after receiving the relevant approval materials, and shareholders' representatives of all countries will vote according to the approval opinions of SASAC when deliberating at the shareholders' meeting or the board meeting.
Four, the transfer of shares of listed companies held by first-class enterprises and their subsidiaries shall be handled in accordance with the Interim Measures for the Administration of Share Transfer of State-owned Shareholders of Listed Companies (OrderNo. 102). The State Council SASAC 19).
State-owned and state-controlled securities companies, fund management companies, trust companies and insurance companies. Transfer shares of listed companies for self-management. Unless otherwise stipulated by the state, such provisions shall prevail.
Five, the transfer of property rights of local financial listed companies, according to the relevant provisions of the state.
If there is any problem in the implementation, please report it to our Committee in time.
I hereby inform you?
Press release issued on 2 December 2009