The term "property right transaction" as mentioned in these Measures refers to the behavior that the property right subject will legally own the property right and transfer it with compensation through the property right transaction institution. Specifically including:
(a) the transfer of property rights of an unincorporated enterprise;
(2) Transfer of company property rights (shares);
(3) Transferring the tangible assets, intangible assets and property use rights of the enterprise;
(four) the transfer of state-owned assets of administrative institutions;
(five) the transfer of intellectual property rights such as scientific and technological achievements and patented technology;
(six) other businesses that should be publicly conducted in property rights trading institutions as stipulated by laws and regulations.
Equity transactions of listed companies shall be implemented in accordance with relevant state regulations. Article 4 Transactions of property rights shall follow the principles of equality, voluntariness, honesty and credibility, openness, fairness and impartiality. Article 5 The management and coordination of property rights transactions in this province shall be determined by the property rights transaction management department of the provincial people's government (hereinafter referred to as the property rights transaction management department).
Other relevant departments shall, in accordance with their respective responsibilities, cooperate with the administrative department of property rights transactions to do a good job in the supervision and administration of property rights transactions. Article 6 A property rights trading institution is an enterprise legal person established with the approval of the provincial people's government, which is not for profit and provides places, information and services for property rights trading.
Property rights trading institutions shall have sound articles of association and trading rules.
Property rights trading institutions may set up branches as needed. Article 7 State-owned property rights transactions shall be conducted openly in property rights trading institutions, and other property rights shall be encouraged and guided to enter the property rights trading institutions for transactions. Article 8 The subjects of property rights transactions include the transferor and the transferee.
The transferor refers to the legal holder of the transfer target, and the transferee refers to the buyer of the transfer target. The subject of property right transaction should be a citizen, legal person or other organization with full capacity for civil conduct and independent civil liability. Article 9 The ownership of the transferred property right is clear. Unclear or disputed property rights shall not be transferred. The transfer of real right to create a security interest shall comply with the relevant provisions of the state. Article 10 The subject of property right transaction shall submit a true, complete and effective transaction application and other relevant materials to the property right transaction institution.
Property rights trading institutions shall handle the acceptance and registration procedures for the subject of property rights transactions that meet the provisions of the preceding paragraph. Article 11 The transferor shall entrust the property right project information to the property right transaction institution, publicly disclose it on the website of the property right transaction institution and other media in accordance with relevant regulations, and solicit opinions from the transferee.
Property rights trading institutions shall promote projects in various ways. Twelfth property transactions can take the form of agreement transfer, auction, bidding and electronic bidding. Article 13 After both parties to a property right transaction reach an agreement on property right transfer, they shall sign a property right transfer contract according to law.
A property right transaction institution shall issue a property right transaction certificate for a legal and valid property right transfer contract. Fourteenth industry and commerce, taxation, state-owned assets supervision and other departments shall, in accordance with the relevant provisions, go through the formalities for registration of change of warrants in a timely manner. Fifteenth parties to a property right transaction may apply to the property right transaction institution or the property right transaction management department for mediation when there is a dispute in the process of property right transaction; You can also apply for arbitration according to the contract; If there is no arbitration agreement, a lawsuit can be brought to the people's court. Sixteenth in any of the following circumstances, the subject of property rights transactions shall not participate in the transaction:
(1) The qualifications of legal persons or other organizations are restricted or disappear;
(2) Having no or limited capacity for civil conduct;
(three) the judicial organs have filed a case, but the case has not been closed;
(four) other circumstances that may not participate in property rights transactions according to law. Seventeenth in the process of property rights transactions, any of the following circumstances shall be suspended:
(a) the third party and the transferor have disputes over the transferred property rights;
(two) due to force majeure, trading activities can not be carried out temporarily;
(3) Other circumstances in which the transaction of property rights should be suspended according to law. Article 18 In case of any of the following circumstances during the property right transaction, the transaction shall be terminated:
(a) six months after the suspension of property rights trading activities, no application has been made to extend the suspension period or resume trading;
(2) Natural loss of property rights due to force majeure;
(3) The transferor or transferee applies to the property rights trading institution to terminate the transaction, and it has been examined by the property rights trading institution without objection, and has been approved by the property rights transfer examination and approval authority;
(four) other circumstances in which the transaction of property rights should be terminated according to law. Article 19 The following acts are prohibited in property rights trading activities:
(a) to conduct state-owned property rights transactions outside the property rights trading institutions;
(2) Manipulating property rights trading institutions or disturbing the order of property rights trading;
(3) Obstructing the fair trade between the transferor and the transferee;
(four) other acts that prohibit property rights transactions according to law.