1, state-owned holding company
The state holding company shall be a special enterprise legal person established by the state with independent investment, approved by the State Council, exercising the owner's rights over state-owned assets within the scope of authorization, engaging in asset management activities mainly by holding shares, and registered according to law. Generally, it should be a pure holding company. Such companies are not allowed to declare bankruptcy. When the company is liquidated, if the net assets are insufficient to pay off the debts, the insufficient part shall be borne by the State Council. In other words, generally speaking, such a corporate country cannot let it go bankrupt. Such companies not only carry out business activities in accordance with national industrial policies, but also complete social welfare tasks required by the state. The conditions for the establishment of such a company should be very strict. In addition to the general provisions, its main business should also be required to conform to the national industrial policy, and its industry should occupy a very important position in the national economy. Its net assets and total assets should reach a certain scale. In addition, there should be clear requirements and regulations on the documents submitted for approval, including the articles of association and business scope. The corporate governance structure of a company is also different from that of a general company. You can implement the general manager responsibility system, set up a party group and send a board of supervisors to the State Council.
2. National Investment Corporation
The State Investment Company shall be a special enterprise legal person specially approved and authorized by the State Council, engaged in state-owned capital investment activities mainly by holding shares, and registered. Its main function is to be responsible for the investment activities of state-owned fixed assets in specific industries according to the national industrial policy and market demand. Its establishment should also conform to the national industrial policy and be specially approved by the State Council. Its registered capital, net assets and total investment should have a certain lower limit, and its corporate governance structure is similar to that of state-owned holding companies.
3. Regional state-owned holding companies
Regional state-owned holding company refers to a special enterprise legal person authorized by the provincial people's government, mainly holding shares, registered and engaged in asset management activities. Its main function is to exercise the right to operate and manage state-owned assets within the scope of authorization according to law. Through the effective operation of state-owned assets, we can revitalize the stock, optimize the increment, promote the adjustment of product structure, industrial structure and enterprise organizational structure, enhance the operational ability, control ability and penetration ability of state-owned capital, expand advantageous enterprises, key industries and pillar industries, invigorate the state-owned economy, and be responsible for completing the social welfare tasks required by local governments. For such state-owned holding companies, we should adhere to fair competition and prohibit industry monopoly and regional blockade. On the premise of meeting the requirements of national industrial policy and regional economic development, its registered capital and net assets are lower, but higher than those of ordinary companies. It is suggested that its registered capital should not be less than 2 billion yuan.
4, large state-owned group holding company
If a large state-owned group company or a large state-owned enterprise is reorganized into a state-owned holding company with the authorization of the State Council in accordance with Article 72 of the Company Law, the relevant laws and regulations of the state-owned holding company may be applied. This kind of group company is a general form of state holding, which is different from state holding company. One of the differences is that such companies are mixed holding companies, that is, while mainly engaged in production and operation, they can also operate state-owned assets through holding; The second difference is that this holding company may not be a wholly state-owned company, and its organization and behavior are generally regulated by the Company Law. Restructuring into such a state-owned holding company should generally meet the following conditions: (1) sound management system and good operating conditions; (2) Having perfect articles of association; (3) Its registered capital, net assets and total assets meet the minimum limits prescribed by laws and regulations; (4) Having an organization that meets the requirements of the Company Law; (5) Authorized by the State Council.
Abstract: The emergence and classification of state-owned holding companies is the inevitable result of social development. Under the condition of socialist market economy, it is objective and inevitable to actively use the holding company model of state-owned capital to set up large-scale enterprise groups with cross-regional, cross-industry, cross-ownership and transnational operations.