There are only three ways to transfer state-owned property rights: equity transfer, property right transaction and agreement transfer. Equity transfer must be carried out between wholly state-owned enterprises, wholly state-owned companies, government agencies and institutions.
Property right transaction is a general form of state-owned equity transfer. If there are no special circumstances, it is necessary to sign the transfer agreement after bidding through the property rights trading institution. Agreement transfer is a special form of state-owned equity transfer, which does not require listing and bidding, but the restrictions are very strict. Central enterprises must be approved by SASAAC, and local state-owned enterprises must be approved by provincial SASAAC or above. It is difficult to get approval.
transfer of state owned property rights
1. Brief analysis: The transfer of state-owned property rights of enterprises refers to the behavior of government authorized departments or investment institutions to realize the transfer of ownership of their investors and related property rights through property rights trading institutions. The feasibility study of the transfer of state-owned property rights should be done well, reviewed in accordance with internal decision-making procedures, and a written resolution should be formed.
2, the transfer of state-owned property rights of enterprises refers to the government authorized departments or investment institutions through the property rights trading market to realize the transfer of their investor ownership and related property rights. Including:
Transfer of state-owned property rights of enterprises in whole or in part;
Transfer of state-owned shares in corporate enterprises;
Transfer of property rights related to investors' ownership;
Transfer of state-owned property rights of other enterprises as stipulated by laws and regulations.
3, the transfer of state-owned property rights of enterprises should follow the principles:
Adapt to the needs of national industrial structure adjustment;
Conducive to optimizing resource allocation and improving overall operational efficiency;
Promote the preservation and appreciation of state-owned assets and prevent the loss of state-owned assets;
Voluntary, paid, open, fair and just.
4, the transfer of state-owned property rights of enterprises:
The transferor or transferee puts forward the entrustment of transferring or transferring the state-owned property rights of the enterprise to the property rights trading institution, and submits relevant documents and materials;
After reviewing the legality and authenticity of the documents and materials provided by the transferor and the transferee, the property right transaction institution shall go through the relevant registration procedures in accordance with the relevant provisions;
Property rights trading institutions shall make matching or listing announcements according to the wishes of both parties to the transfer;
After the transaction between the transferor and the transferee is completed, under the supervision of the property rights trading institution, the transferor and the transferee shall sign a contract for the transfer of state-owned property rights of the enterprise;
Both parties to the transfer shall handle the transfer of property rights as agreed in the contract. The transfer of property rights shall be attended by the transferor, transferee, property rights trading institution and other units, and the list of property rights transfer shall be filled out truthfully. After the contract comes into effect, the property right transfer formalities shall be handled in time;
After the formalities of property right transfer are completed, both parties to the transfer shall, in accordance with the relevant provisions of the state, go through the relevant alteration formalities with the relevant departments of finance, banking, state-owned assets management, industry and commerce administration, taxation, land management, real estate, labor and so on.