The term "property rights" as mentioned in these Measures refers to all kinds of property rights, such as property rights, creditor's rights, equity rights, intellectual property rights, etc. owned by the holders of state-owned property rights of enterprises according to law. Article 4 The transfer of state-owned property rights of enterprises shall follow the principles of honesty, credibility, legality, openness, fairness and impartiality, and shall not harm the interests of the state and society. Article 5 The state-owned assets supervision and administration institution of the provincial government is responsible for the supervision and administration of the transfer of state-owned property rights of provincial enterprises, and guides and supervises the supervision and administration of the transfer of state-owned property rights of subordinate enterprises according to law.
The state-owned assets supervision and administration institution of the provincial municipal government is responsible for the supervision and administration of the transfer of state-owned property rights of the enterprises under its supervision.
Finance, supervision, industry and commerce, auditing and other relevant administrative departments. Supervise the transfer of state-owned property rights according to law within the scope of their respective duties. Article 6 The ownership of the transferred state-owned property rights of enterprises is clear. State-owned property rights of enterprises with unclear ownership relationship or disputed ownership shall not be transferred.
The transfer of state-owned property rights of enterprises with security interests shall conform to the relevant provisions of the Security Law of People's Republic of China (PRC). Chapter II Transfer and Approval Procedures Article 7 The transfer of state-owned property rights of enterprises must be carried out in accordance with the Interim Measures for the Administration of the Transfer of State-owned Property Rights of Enterprises (Order No.3 of the Ministry of Finance of the State Council State-owned Assets Supervision and Administration Commission) and these Measures. Article 8 The state-owned assets supervision and administration institution decides the transfer of state-owned property rights and major assets of enterprises (including subsidiaries). The transfer of major state-owned property rights of important subsidiaries shall be examined and approved jointly with the financial department.
The transfer of state-owned property rights below subsidiaries shall be decided by the enterprise independently and reported to the state-owned assets supervision and administration institution for the record. Article 9 The following transfer acts shall be reported to the people's government at the corresponding level for approval by the state-owned assets supervision and administration institution:
(a) the transfer of state-owned enterprises as a whole or the transfer of state-owned property rights of enterprises, so that the state no longer has a holding position;
(two) the transfer of state-owned property rights of other enterprises funded by the government and departments at the same level;
(3) The assessed value of the transfer of state-owned net assets is more than 50 million yuan for provincial enterprises, more than 30 million yuan for municipal enterprises and more than 5 million yuan for county (city, district) enterprises. Article 10 When deciding or approving the transfer of state-owned property rights of an enterprise, the following written documents shall be examined:
(a) the relevant resolutions on the transfer of state-owned property rights of enterprises;
(two) the transfer plan of state-owned property rights of enterprises;
(three) the transferor and the target enterprise's property right registration certificate of state-owned assets;
(4) Legal opinions issued by law firms;
(five) the basic conditions that the transferee should have;
(six) other documents required by the examination and approval authority.
The examination and approval authority shall make a decision of approval or disapproval within 20 working days from the date of accepting the application. Eleventh after the approval or decision of the transfer of state-owned property rights of enterprises, the transferor and the transferee adjust the proportion of property rights transfer or the transfer plan of state-owned property rights of enterprises has undergone major changes, and it shall be re-submitted for approval in accordance with the prescribed procedures. Article 12 The transfer of state-owned property rights of enterprises involves social and public management matters approved by the government and needs to be reported to the relevant government departments for approval.
The transfer of state-owned property rights of enterprises to the management shall conform to the relevant provisions of the state. Thirteenth after the approval of the transfer of state-owned property rights of enterprises, the transferor shall, in accordance with the relevant provisions, organize the target enterprises to carry out assets verification and audit.
On the basis of asset verification and audit, the holder of state-owned property rights shall entrust an asset appraisal institution with corresponding qualifications to conduct asset appraisal in accordance with relevant state regulations. After the completion of asset appraisal, the appraisal results shall be publicized within the enterprise and reported to the state-owned assets supervision and administration institution for approval or filing in accordance with relevant regulations.
The asset appraisal institution and the asset verification audit institution engaged in the same transfer target enterprise shall not be the same intermediary institution. Chapter III Transaction Management Article 14 State-owned assets supervision and administration institutions shall enhance their service awareness, improve their work efficiency, establish and improve the information network of property rights transactions, guide and coordinate the settlement of difficulties and problems in the transfer of state-owned property rights of enterprises, safeguard the legitimate rights and interests of enterprises according to law, and promote the rational flow and optimal allocation of state-owned assets. Fifteenth the transfer of state-owned property rights of enterprises should be carried out in public in a legally established property rights trading institution, which is not limited by region, industry, capital contribution and affiliation. Where there are other provisions in national laws and regulations, those provisions shall prevail.
Over-the-counter transactions or private transactions are prohibited. Sixteenth property rights trading institutions engaged in the transfer of state-owned property rights of enterprises shall abide by the relevant provisions of the state and this province, accept the supervision and management of state-owned assets supervision and administration institutions, and perform the following obligations:
(a) to provide places, facilities, information and consulting services for property rights transactions;
(two) to review the authenticity and legality of the documents provided by the parties to the property rights transaction;
(three) to verify the property right transaction contract and issue the property right transaction certificate;
(four) to formulate rules for the transaction of state-owned property rights and report them to the state-owned assets supervision and administration institution for approval before implementation;
(5) If it has an interest relationship with the transferor or transferee, it shall be avoided;
(six) keep the trading activities and the business secrets of the parties;
(seven) report to the state-owned assets supervision and administration institution on the transaction of state-owned property rights;
(eight) other obligations stipulated by the state and the province.