These provisions shall not apply to the transfer of tangible or intangible assets such as machinery and equipment, factories, land use rights, real estate property rights and intellectual property rights by enterprises and institutions, which does not involve the transfer of capital and rights of investors or asset owners. Article 4 Property right transactions shall conform to the industrial policies of the State and Xiamen, and follow the principles of voluntariness, compensation, fairness and standardization. Article 5 The administrative department of property rights transaction authorized by Xiamen Municipal People's Government shall manage, supervise, guide and coordinate property rights transactions. Article 6 Property rights transactions must be conducted through property rights trading institutions, and over-the-counter transactions are prohibited. Article 7 The term "property rights trading institution" as mentioned in these Provisions refers to a legal person organization that provides intermediary services for property rights trading, and its establishment must be approved by the Xiamen Municipal People's Government. Eighth property rights trading institutions are responsible for:
(a) to provide an "open, fair, just and standardized" centralized trading market for the society;
(2) Collecting and publishing information on property rights transactions;
(three) to provide intermediary services for both parties engaged in property rights transactions;
(four) to review the legitimacy and authenticity of property rights transactions;
(5) Providing consulting services on policies, laws, information, planning and investment;
(6) Other related services. Article 9 Property rights trading institutions shall implement the general manager responsibility system under the leadership of the board of directors, and may set up a board of supervisors when necessary. Tenth property rights trading institutions to implement the membership system. There are three kinds of members:
(1) Brokerage members refer to financial investment institutions, large and medium-sized enterprises, enterprise groups and other legal person organizations that have been audited and certified by property rights trading institutions and engaged in property rights trading agency and self-operated business;
(2) Company members refer to legal person organizations that have been audited and certified by property rights trading institutions and engaged in proprietary business of property rights trading;
(3) Information members refer to organizations and individuals that have been audited and released by property rights trading institutions and have priority in obtaining property rights trading information released by property rights trading institutions. Eleventh property transactions to implement the brokerage member principal-agent system.
Brokerage members' property rights trading agency business and proprietary business must be separated, and brokerage accounts and proprietary accounts should be established and managed separately. Twelfth property transactions shall be conducted in accordance with the following procedures:
(1) application. The transferor and the transferee shall apply for registration with the property rights trading institution through the broker members.
When applying for transfer, the transferor shall submit the following documents:
(1) qualification certificate;
(2) proof of ownership of property rights;
(3) the certificate that the owner agrees to the transfer or the certificate that the relevant administrative department approves the transfer.
When applying for acquisition, the transferee shall submit the following documents:
(1) qualification certificate:
(2) Credit certificate:
(2) registration. Property rights trading institutions shall examine the documents submitted by the applicant and register those that meet the requirements.
(3) negotiation. Brokerage members shall organize the transferor and the transferee to negotiate according to the information provided by the property rights trading institution.
(4) Choose the transaction method. Both parties to the property right transaction can choose to conduct transactions by means of agreement transfer, auction and bidding.
(5) sign a contract. Brokerage members organize the transferor and the transferee to sign the property right transfer contract, and affix the witness seal of the property right transaction contract.
(6) settlement and delivery. With the property right transfer contract stamped with the witness seal of the property right transaction contract, the settlement and delivery procedures shall be handled. Article 13 Both parties to a property right transaction shall go through relevant formalities in the departments of industry and commerce, taxation, land management, real estate and banking within one month after the property right transfer contract comes into effect. A property right transfer contract stamped with the witness seal of the property right transaction contract. The transfer of state-owned assets must be registered with the state-owned assets management department for property right change. Article 14 A property right transfer contract shall comply with the relevant provisions of the Economic Contract Law of the People's Republic of China and have the following main clauses:
(1) Names, domiciles, legal representatives or entrusted agents of both parties to the transaction;
(2) Transaction object, method, price and payment method;
(three) the way to deal with the creditor's rights and debts that occurred before the transfer of the transferor;
(four) the way of employee placement of the transferred enterprise;
(5) Liability for breach of contract;
(6) Other terms deemed necessary by both parties. Fifteenth disputes in property rights transactions, you can apply to the property rights trading institutions for mediation, unwilling to mediate or mediation fails, can be resolved through arbitration, litigation and other means. Sixteenth state-owned assets and collective assets property rights transfer income in accordance with the relevant provisions of the state collection, management and use. Seventeenth property transactions shall not harm the interests of creditors. The creditor's consent shall be obtained in advance for the assignment of debts, and the debtor shall be notified in advance for the assignment of creditor's rights.