Specific standards for important property rights and large claims shall be formulated separately by the municipal state-owned assets supervision and administration institution and reported to the Municipal People's Government for the record.
The transfer of state-owned shares of listed companies shall be carried out in accordance with relevant state regulations.
If the state has other provisions on the transfer of state-owned property rights of financial enterprises, those provisions shall prevail. Fourth city state-owned assets supervision and administration institutions responsible for the supervision and management of the transfer of state-owned property rights of enterprises in the city.
The departments or institutions responsible for the supervision and administration of state-owned assets under the people's governments of counties (autonomous counties) are responsible for the supervision and administration of the transfer of state-owned property rights of enterprises at the corresponding level, and accept the guidance and supervision of the municipal state-owned assets supervision and administration institutions.
The relevant administrative departments of finance, industry and commerce, land and housing management, public security and supervision are responsible for the relevant supervision and management of the transfer of state-owned property rights of enterprises within their respective responsibilities. Article 5 The transfer of state-owned property rights of enterprises shall follow the principles of openness, fairness, impartiality and good faith, and protect the legitimate rights and interests of the state and other parties. Article 6 The state-owned assets supervision and administration institution shall establish a complaint reporting system for the illegal transfer of state-owned property rights of enterprises.
The state-owned assets supervision and administration institution shall reward meritorious personnel who report violations of discipline and law during the transfer of state-owned property rights of enterprises. Article 7 If the ownership relationship of the state-owned property right of an enterprise is unclear or disputed, it may not be transferred.
The transfer of state-owned property rights of enterprises with security interests shall comply with the relevant provisions of the Property Law of People's Republic of China (PRC) and the Guarantee Law of People's Republic of China (PRC). Article 8 The plan for the transfer of state-owned property rights of an enterprise shall be decided in accordance with the internal decision-making procedures of the enterprise.
The transfer of property rights of a wholly state-owned enterprise shall be reviewed by the board of directors; However, the transfer of property rights of a wholly state-owned enterprise that has not undergone corporate restructuring shall be reviewed by the office meeting of the general manager (director). Involving the legitimate rights and interests of employees, it shall listen to the opinions of the employees (representatives) general assembly of the transfer target enterprise, and matters such as employee resettlement shall be discussed and adopted by the employees (representatives) general assembly. Ninth enterprise state-owned property rights transfer scheme should generally include the following contents:
(a) the basic situation of the transfer of state-owned property rights of the target enterprise;
(two) the relevant demonstration of the transfer of state-owned property rights of enterprises;
(three) the employee placement plan involved in the transfer of the target enterprise audited by the administrative department of labor and social security where the enterprise is located;
(four) the creditor's rights and debts involved in the transfer of the target enterprise, including the debts owed to the employees;
(five) the disposal plan of the proceeds from the transfer of state-owned property rights of enterprises;
(six) the main contents of the announcement of the transfer of state-owned property rights of enterprises.
If the transfer of the state-owned equity of an enterprise results in the transferor no longer holding a controlling position, it shall be accompanied by the resolution of the employee (representative) meeting to consider the employee resettlement plan. Article 10 After the transfer of state-owned equity of an enterprise is decided by the internal decision-making procedure of the enterprise and reported to the state-owned assets supervision and administration institution at the same level for the record, the transferor shall organize the target enterprise to carry out assets verification in accordance with relevant regulations, and prepare the balance sheet and asset transfer list according to the results of assets verification. And entrust an accounting firm to conduct a comprehensive audit (including the outgoing audit of the legal representative of the transfer target enterprise in accordance with relevant state regulations). The identification and write-off of asset losses shall be handled in accordance with relevant state regulations.
In any of the following circumstances, with the approval of the state-owned assets supervision and administration institution at the same level, asset verification may not be carried out:
(a) assets have been verified, and the results have been confirmed by the state-owned assets supervision and administration institution, and less than two years have passed since the benchmark date of asset verification;
(two) after the transfer, the target enterprise is still absolutely controlled by the state, and has been standardized in accordance with the relevant provisions of the state;
(three) the transfer of state-owned shares of the participating enterprises.
If the transferor no longer has a controlling position due to the transfer of the state-owned equity of the invested enterprise, the state-owned assets supervision and administration institution at the same level shall organize assets verification and entrust social intermediary institutions to carry out related business. Eleventh transfer of state-owned property rights of enterprises, the transferor shall entrust an asset appraisal institution with corresponding qualifications to conduct asset appraisal in accordance with the relevant provisions of the state. After approval or filing, the evaluation report will be used as a reference for determining the transfer price of state-owned property rights of enterprises. Article 12 The transfer of state-owned property rights of enterprises shall be conducted by auction, bidding and online bidding, but the following situations may be conducted by agreement:
(a) the key industries and fields of the national economy have special requirements for the transferee;
(2) Transfer to a state-owned absolute holding enterprise;
(3) Transfer between wholly state-owned enterprises;
(four) transferred to state organs and institutions;
(five) according to the provisions of article twentieth of these measures, only one transferee is produced after public solicitation.
According to the provisions of items (1), (2), (3) and (4) of the preceding paragraph, the transfer of state-owned shares of enterprises by agreement shall be approved by the municipal state-owned assets supervision and administration institution; The transfer of other state-owned property rights agreement shall be approved by the municipal state-owned assets supervision and administration institution or the people's government of the county (autonomous county) in accordance with the management authority of the enterprise.