SASAC and Property Rights Center are two departments. Property rights are supervised by SASAC the State Council, and all processes are monitored.
Extended data:
According to the Law of People's Republic of China (PRC) on State-owned Assets of Enterprises, which was passed at theNo. 1 1 executive meeting of People's Republic of China (PRC) NPC in June, 2008, the transfer of state-owned assets should be conducive to the strategic adjustment of the layout and structure of the state-owned economy, prevent the loss of state-owned assets, and must not harm the legitimate rights and interests of all parties to the transaction. The transfer of state-owned assets is decided by the institution that performs the responsibilities of the investor. Where the institution performing the responsibilities of investor decides to transfer all or part of the state-owned assets, so that the state no longer holds a controlling position in the enterprise, it shall report to the people's government at the corresponding level for approval. The transfer of state-owned assets should follow the principles of equal value, openness, fairness and justice.
State transfer procedure of state-owned assets
solve
Identify the transferor entity. The basis for determining the subject is the property right registration certificate of state-owned assets. If the object of transfer is the tangible assets of the enterprise, the enterprise itself is the transferor; If the object of transfer is the equity of the enterprise, the investor of the enterprise, that is, the shareholder, is the transferor.
The transfer plan forms a resolution. It is necessary to do a good job in the feasibility study of the transfer of state-owned property rights of enterprises, review them in accordance with internal decision-making procedures, and form a written resolution.
A resolution to apply to the competent department for approval of the formation of the transfer plan.
Decide or approve
This link is the first time for the state-owned assets management department to approve the asset transfer, mainly to review the internal asset transfer resolution of the enterprise.
Asset verification and financial audit
The assets and capital verification shall prepare the balance sheet and the inventory of assets transfer, so that the accounts, cards, materials and cash are complete, accurate and consistent. According to the principle of "who invests, who owns and benefits", to verify and define state-owned capital and its rights and interests, the net assets formed by state-owned enterprises borrowing funds must be defined as state-owned assets. The financial audit shall be conducted by the entrusted accounting firm, including the audit of the legal representative of the enterprise.
It must be evaluated by a qualified evaluation agency.
The transferor shall employ a qualified asset appraisal firm in accordance with the Measures for the Administration of State-owned Assets Appraisal. The scope of assessment includes tangible assets such as machinery, real estate, land use right and intangible assets such as patent right, non-patented technology, trademark right, goodwill and equity.
public notice
The announcement period is 20 working days, which will be published by the property rights trading institutions in the economic or financial newspapers and websites of the property rights trading institutions that are publicly issued at or above the provincial level, publicly disclose the information on the transfer of state-owned property rights of enterprises, and widely collect the transferee.
sign a contract
After the transfer is completed, the transferor and the transferee sign a contract for the transfer of state-owned assets and obtain the property right transaction certificate issued by the property right transaction institution.
Examination and approval filing
The transferor shall submit the relevant written materials of equity transfer to the competent department of state-owned property rights for approval or filing and registration.
Property right change registration
The transferor and the transferee shall go through the formalities of property right change registration with the property right transaction certificate and corresponding materials issued by the property right transaction institution.