The public security organs shall exercise public security management over the auction industry in accordance with special industries. The relevant departments of the municipal government should do a good job in supervision and management according to their respective responsibilities. Chapter II Definition and Management of Auction Objects Article 6 An auction object shall be an article or property right owned by the client or which can be disposed of according to law.
Articles or property rights prohibited by laws and regulations shall not be used as auction targets. Seventh articles or property rights transferred in accordance with the law or in accordance with the provisions of the State Council shall go through the examination and approval procedures with the relevant departments in accordance with the law before the auction.
Entrust the auction of cultural relics, before the auction, should be reported to the municipal cultural relics management department for identification and permission. Article 8 The scope of public property auction includes:
(1) State-owned tangible assets and intangible assets that need to be auctioned within the functions and powers of state administrative organs and state-owned enterprises and institutions;
(2) Articles confiscated by the administrative law enforcement departments according to law, articles to offset fines, articles to offset taxes, articles to pay debts and articles that cannot be returned.
(3) Articles confiscated by procuratorates and courts according to law, stolen goods recovered and articles used to offset fines;
(4) Unowned articles obtained by railway, civil aviation, postal services, customs, transportation, public security, finance and other departments;
(5) Precious gifts received by individuals from state organs, social organizations, state-owned enterprises and institutions in their official activities that need to be auctioned, and dirty things that cannot be returned because corruption and bribery are not enough to constitute a criminal offence;
(six) the judicial and law enforcement departments need to deal with and sell the goods. Chapter III Parties to an Auction Article 9 The parties to an auction include auctioneers, clients, bidders and buyers. Article 10 An auctioneer refers to an enterprise legal person engaged in auction activities established in accordance with the Auction Law of People's Republic of China (PRC) and the Company Law. Eleventh the establishment of an auction enterprise, the organizer shall submit an application report, and approved by the Municipal Commercial Management Committee, to the public security organs, industry and commerce and price administrative departments to handle the corresponding procedures.
Except for auction enterprises established according to law, no other unit may engage in auction business activities. Article 12 The establishment of an auction enterprise shall meet the following conditions:
(a) the registered capital is more than100000 yuan, and if it is engaged in the auction of cultural relics, it shall have a registered capital of more than1000000 yuan;
(2) Having its own name, organization, domicile and articles of association;
(3) Having auctioneers and professional managers suitable for engaging in the auction business;
(4) Having auction business rules that comply with the auction law and other relevant laws;
(5) Holding a special trade license issued by the public security organ;
(six) in line with national, provincial and municipal regulations on auction development;
(seven) other conditions stipulated by laws and regulations. Article 13 An auctioneer shall meet the following conditions, pass the examination of relevant departments and obtain the qualification certificate of an auctioneer:
(a) with college education and professional knowledge of auction;
(2) Having worked in an auction enterprise for more than two years;
(3) Good conduct. Article 14 An auctioneer has the following rights and obligations:
(1) Examining the relevant qualification certificates of auction clients and bidders;
(2) Asking the trustor to truthfully provide relevant information about the auction target, and finding out the source and defects of the auction target;
(three) entrust a legal institution to inspect, identify and evaluate the auction target;
(four) safekeeping the auction target delivered by the client;
(five) keep the reserve price of the auction target confidential;
(six) to provide bidders with information about the auction target, and to receive bidders to check the auction target;
(seven) at the request of the client and the bidder, keep their identities confidential;
(eight) in accordance with the agreement to deliver the auction target to the buyer, to deliver the transaction income to the client;
(nine) after the auction, issue certificates and assist in the transfer of property rights, license change and transportation procedures. Article 15 After accepting the entrustment, an auctioneer may not entrust others to auction without the consent of the trustor. Sixteenth auctioneers and their staff shall not participate in the auction activities organized by themselves as bidders, nor shall they entrust others to bid on their behalf; You may not auction your articles or property rights in the auction activities organized by yourself. Article 17 A trustor refers to a citizen, legal person or other organization that entrusts an auctioneer to auction articles or property and enjoys the following rights and obligations according to law:
(a) submit an application for auction entrustment to the auctioneer, and provide detailed information of the auction target and relevant certification materials such as identity and ownership;
(two) to put forward the reserve price of the auction target to the auctioneer, and to keep the reserve price confidential;
(three) to explain to the auctioneer the source and defects of the auction target;
(four) according to the agreement to deliver the auction target, pay auction fees, pay auction commission, and obtain auction income;
(five) to handle or assist in the transfer of property rights of auction targets, license changes and other procedures;
(6) You can go through the formalities of entrusted auction by yourself or by entrusting an agent, and you can withdraw the auction target before the auction starts. However, if the auction target is withdrawn, the agreed fee shall be paid to the auctioneer; If no agreement is reached, the auctioneer shall be paid a reasonable fee for the auction.