Measures for centralized management of funds of state-owned enterprises

Legal analysis: major issues of state-owned capital and financial management of enterprises, including merger, division, transfer, Sino-foreign joint venture and cooperation, enterprise reorganization, change of registered capital, major investment and financing, external guarantee, wage system, financial budget, etc. , proposed by the relevant business departments, audited by the financial department, and submitted to the board of directors of the enterprise for deliberation and decision; Enterprises without a board of directors shall be studied and decided by the manager's office. For financial matters involving the legitimate rights and interests of employees, such as wage system, social security, and employee placement, the opinions of the workers' congress should be heard in advance in accordance with the relevant provisions of national laws and administrative regulations. The board of directors or manager's office of the enterprise will study and consider the state-owned capital and financial management matters, and must keep the minutes of the meeting. The person in charge of the financial department of an enterprise shall attend or attend relevant meetings such as the board of directors or the manager's office meeting.

Legal basis: Interim Measures for State-owned Capital and Financial Management of Enterprises

Article 4 An enterprise shall, in accordance with the requirements of establishing a modern enterprise system, clarify property rights and straighten out and standardize the relationship between funds and financial management.

If an enterprise has subsidiaries, it is necessary to establish a fund and financial management system for the parent and subsidiary companies, and the parent company is responsible for the subsidiaries to the extent of its capital contribution.

Article 5 The term "state-owned capital" as mentioned in these Measures refers to the state's investment in enterprises in various forms and the rights and interests formed by investment, as well as other rights and interests recognized as owned by the state according to law.

The term "competent financial authorities" as mentioned in these Measures refers to the financial departments of the people's governments at all levels responsible for the state-owned capital and financial management of enterprises. Among them: the competent financial organ of the central management enterprise refers to the Ministry of Finance; The competent financial organ of a local management enterprise refers to the local financial department at the same level.

The term "parent company" as mentioned in these Measures refers to various group companies, head offices and institutions authorized by the state to directly invest in state-owned capital.

The term "subsidiary" as mentioned in these Measures refers to an enterprise directly invested by or managed by the parent company, and controlled by the people's governments at all levels.