Chapter 1 General Provisions Article 1 In order to prevent the loss of state-owned assets and ensure the standardization and health of enterprise property rights transactions, these Measures are formulated in accordance with relevant national laws and regulations. Article 2 The property rights of state-owned enterprises referred to in these Measures refer to the property rights that the state, as the owner, has in state-owned enterprises according to law; investment entities refer to the institutions and departments that legally represent the state and exercise investor powers over the state-owned assets of state-owned enterprises; property rights transactions It refers to the paid transfer of enterprise property rights. The behavior of a state-owned enterprise itself in disposing of assets based on its management rights does not fall within the scope of property rights transactions stipulated in these Measures. The transfer of state-owned equity in corporate enterprises shall be carried out in accordance with the State-owned Enterprise Law [1994] No. 81, "Interim Measures for the Management of State-owned Equity of Joint Stock Companies" and relevant policies and regulations. Article 3 Property rights transactions should ensure the safety of state-owned assets, protect the legitimate rights and interests of creditors and enterprise employees, and follow the principles of legality, voluntariness, compensation, openness, and fairness. Chapter 2 Transaction Scope and Methods Article 4 Except for special industries stipulated by the state, enterprise owners may transfer all or part of the property rights formed by their investment for a fee. Article 5 Property rights transactions are conducted in the following ways:
(1) Transfer by agreement;
(2) Bidding;
(3) Auction;
(4) Intermediary agency;
(5) Other methods. Chapter 3 Trading Intermediaries Article 6 To establish property rights trading intermediaries, the establishment unit must submit an application to the provincial state-owned assets management department, and upon review and approval by the state-owned assets management department in conjunction with the Provincial Economic and Trade Commission and the Provincial Restructuring Commission, the industrial and commercial administration department Register. Property rights trading institutions are independent legal persons that enjoy civil rights and assume civil obligations in accordance with the law. Economic committees and state-owned assets management departments at the same level are responsible for the supervision and management of property rights trading institutions.
The following conditions must be met to establish a property rights trading intermediary agency:
1. A minimum registered capital of 1 million yuan;
2. A fixed trading place and necessary Trading facilities;
3. Specialized personnel familiar with policies, regulations and business;
4. Fair and reasonable trading rules;
5. Charter and management way. Article 7 The main responsibilities of property rights trading institutions:
1. Responsible for reviewing the legality of property rights trading entities and legal requirements (necessary documents and materials), and providing intermediary services for enterprise property rights transactions, including: publishing Property rights transaction information, seeking transaction partners, verifying the creditworthiness of both parties to the transaction, and evaluating and transferring corporate assets;
2. The entrusted management decides to sell the enterprise that has not been completed yet;
3. The operating country allows the operation Equity trading and other businesses. Article 8 The commission standards for operating services of property rights transaction intermediaries shall be separately stipulated by the Hunan Provincial Price Bureau. Article 9 Property rights transaction intermediaries have the obligation to keep commercial secrets for both parties to the transaction. Without the permission of the trader, the relevant information and patents of the enterprise shall not be spread outside at will. Article 10 Property rights trading intermediaries shall abide by national laws and regulations when conducting various businesses, and accept inspection and supervision by relevant government departments. Property rights transaction intermediaries should regularly report the situation and problems of property rights transactions to the provincial and equivalent level economic commissions, structural reform commissions and state-owned assets management departments, and accept guidance from the state-owned assets management departments. The legitimate rights and interests of property rights transaction intermediaries are protected by law, and no unit or individual may illegally interfere with their normal business activities. Chapter 4 Market Transaction Management Article 11 The transferor of the state-owned property rights of an enterprise must be a state-authorized investment institution or a state-authorized department, as well as a unit that directly has the right to invest in the enterprise. The transferred enterprise itself shall not become the transferor of property rights. Property rights transactions must conduct asset assessments, define property rights, and clear claims and debts in accordance with the State Council's "Measures for the Administration of State-owned Assets Assessment". Article 12 Property rights transfer pricing shall follow the following principles:
1. Ensure that state-owned assets are not damaged;
2. Pay attention to social benefits and long-term interests;
3. Reasonably evaluate intangible assets;
4. The reserve price must be determined by the state-owned assets management department at the same level.
Article 13 The transfer of property rights of state-owned enterprises must be approved by the people's government at or above the prefecture (municipal) level (including the same level). Provincial state-owned enterprises must be approved by the provincial people's government; foreign-related property rights transactions must be reported to the state-owned assets management department and the provincial government in advance. The finance department and the relevant banks will review it together. Article 14 The transferor of property rights must present the following documents and materials when conducting property rights transactions:
1. Application for transfer of enterprise property rights;
2. Approval document from the government or investment entity agreeing to the transfer, Resolution or proof of property ownership;
3. List of transferred properties. Article 15 The transferee of property rights may be a legal person or a natural person with civil capacity. Article 16 The transferee of property rights must produce the following documents and information during property rights transactions:
1. Purchase application;
2. Certificate of legal person qualifications and certificate of natural person identity;
3. Proof of creditworthiness;
4. Planning of investment direction after transfer of property rights. Article 17 On the premise that it does not violate laws and regulations, the payment method shall be agreed upon by both parties to the transaction. In principle, it shall be paid in full in one lump sum. If the amount is relatively large and the transferee has difficulty in paying in full in one lump sum, with the consent of both parties to the transaction, the payment method shall be paid in one lump sum. Under the premise of guarantee by a qualified legal person or natural person, payment can be made in installments, with a term not exceeding one year. The first payment shall not be less than 50% of the total transaction amount. Interest on the unpaid price shall be calculated based on the bank loan interest rate for the same period.