1. When an enterprise applies for restructuring to an authorized operating institution or enterprise property management unit, the authorized operating institution or enterprise property management unit shall give a reply on restructuring.
2, restructuring enterprises composed of enterprise party organizations, management and staff representatives to participate in the work of special classes, formulate restructuring plan (can be carried out at the same time with the audit, asset evaluation, and adjust according to the results of asset evaluation). The plan shall at least include the following contents:
(1) Basic enterprise information;
(2) the form of restructuring and the scope of assets involved (if the affiliated factory of the restructured enterprise is included in the scope of restructuring, it should be stated);
(3) Measures for the placement of employees;
(4) asset disposal methods (including land disposal forms);
(five) the way to deal with creditor's rights and debts;
(6) Ideas and measures for enterprise development after restructuring.
3, the enterprise restructuring plan by the joint meeting of the party and government and the presidium meeting of the workers' congress, reported to the authorized operating institutions or enterprise property management unit audit.
4. The restructuring plan of state-owned small-asset enterprises should be reviewed and demonstrated by authorized operating institutions or enterprise property management units, and put forward audit opinions.
5. The assets reorganization of large and medium-sized state-owned enterprises (see the list of enterprises in Wuhan) shall be reported to the office of the leading group for the reform of state-owned enterprises in the city for organization scheme demonstration and audit opinions after preliminary opinions are put forward by authorized operating institutions or enterprise property rights management units, and the reorganization of large enterprises shall be reported to the city for approval.
6. The restructured enterprise will submit the audited restructuring plan to the enterprise workers' congress for deliberation, in which the important matters such as the restructuring form, the scope of assets involved, the measures for the placement of workers, the way to deal with assets, the way to deal with liabilities, and the internal candidates participating in the bidding must be considered one by one, and a resolution of the workers' congress will be formed.
7 restructuring enterprises will report the resolutions of the workers' congress together with the signatures of the workers' representatives to the restructuring plan audit department, and the restructuring plan audit department will give a reply to the enterprise restructuring plan.
Two. Financial audit and asset evaluation
1. Authorize the operating agency or enterprise property management unit to hire a qualified intermediary to conduct audit and issue an audit report.
2. The enterprise submits a written application for the restructuring evaluation project to the authorized operating institution or enterprise property management unit, and after the authorized operating institution or enterprise property management unit agrees and approves, it shall be reported to the competent department of state-owned assets at the same level to apply for the evaluation project.
3, authorized operating agencies or enterprise property management units to hire qualified assessment agencies to conduct a one-time comprehensive assessment of enterprise assets included in the scope of restructuring.
4. The restructured enterprise will submit the asset appraisal report issued by the intermediary agency to the authorized operating institution or enterprise property right management unit for review, and then send it to the state-owned assets department at the same level for preliminary examination. Where land and housing assets are involved, it will be jointly reviewed by the relevant functional departments such as land planning and real estate.
5. The restructured enterprise will publicize the audited assets evaluation results within the enterprise for 3 working days.
6. The restructured enterprise will report the publicity results to the authorized business organization or property right management unit for verification and form a written opinion, and the state-owned assets department will issue a confirmation document after receiving the publicity report without objection.
Three. Examination and approval of asset loss
1. The restructured enterprise shall submit a written application report on the asset loss identified by the intermediary agency in the asset appraisal, and report it to the authorized operating institution or enterprise property management unit.
2, authorized business institutions or enterprise property management units to review the assets losses declared by enterprises and sign opinions, and report to the state-owned assets and financial departments at the same level for approval.
3, municipal enterprises where the cumulative amount of fixed assets below 6.5438+0.5 million yuan inventory losses by the Municipal State owned Assets Office for examination and approval. The loss of current assets with an accumulated amount of less than100000 yuan, the loss of long-term investment with an accumulated amount of less than100000 yuan and welfare funds payable in red ink shall be examined and approved by the Municipal Finance Bureau.
If the accumulated losses of municipal enterprises reach or exceed the above amount, they shall be audited by the Municipal State-owned Assets Supervision and Administration Office and the Municipal Finance Bureau respectively, and reported to SASAC for research and approval.
Four, review the standard of economic compensation and resettlement fees for employees.
The labor and social security department examines and approves the enterprise employee placement and diversion scheme, approves relevant compensation standards, and issues examination and approval opinions.
1, employee economic compensation standard;
2, retirees should pay unpaid medical insurance premiums;
3, injured (sick, disabled) personnel living and medical subsidies;
4, the survivors of workers, reduce the living allowance of returnees.
Verb (short for verb) Enter a transaction.
1. Approve the transfer of property rights (stocks) to enter the market. The transfer of production (share) rights of state-owned enterprises with smaller assets shall be approved by authorized operating institutions or property rights management units, and the transfer of production (share) rights of large and medium-sized state-owned enterprises with larger assets shall be approved by the Municipal State-owned Assets Office.
2. Set up a trading project evaluation team.
3. Apply for listing. The transferor of property rights shall apply for public listing in the property rights trading market and provide relevant information.
4. List. According to the materials of the restructured enterprise, the listing information was published in the public media and listed in the property rights trading market 15 days.
5. Qualification examination. To examine the qualifications of the bidders participating in the bidding and collect the bid bond.
6. Bidding for listing. During the listing period, if two or more interested parties conduct bidding transactions, there is no agreement transfer between two or more buyers after the listing 15.
7. Evaluate and determine the winning bidder. According to the bid evaluation rules, the bid evaluation team will determine the winning bidder after the bid evaluation.
8. Forensic medicine. The property rights exchange shall review the compliance of the relevant information provided by the enterprise, and issue a certificate of property rights (shares) transaction if it passes the examination.
The intransitive verb signs the agreement and pays the subscription funds.
1. According to the policy calculation specified in document No.66 [2003] of Wu Zhengban, the authorized business organization or enterprise property right management unit shall sign a property right transfer agreement with the transferee (or buyer).
2. The purchaser shall pay the subscription funds within the time agreed in the agreement.
Seven, other compensation funds to make up.
If the state-owned assets (including transfer income) are not enough for the placement of employees, the enterprise shall apply and report to the authorized operating institution or property management unit for examination and approval, and report to the state-owned assets department at the same level to issue a contact letter to the relevant departments.
1. The financial department shall go through the formalities of transferring financial loans to capital and returning land transfer fees.
2, the real estate sector for the restructuring of enterprises to use funds, public housing replacement procedures.
Eight. Examination and approval of asset disposal
1. The enterprise draws up an asset disposal plan and submits it to the authorized operating institution or enterprise property management unit for approval.
2. The asset disposal plan in the restructuring of state-owned small-asset enterprises shall be examined and approved by authorized operating institutions or enterprise property rights management units, and the examination and approval documents and related materials shall be reported to the state-owned assets department for the record.
3. The asset disposal scheme in the restructuring of large and medium-sized state-owned enterprises with large assets shall be audited by authorized operating institutions or enterprise property rights management units, and reported to the Municipal State-owned Assets Supervision and Administration Office for approval. Among them, the restructuring of large enterprises should be reported to the Municipal State-owned Assets Supervision and Administration Commission and the examination and approval opinions should be issued.
Nine, go through the formalities of registration or cancellation of property rights change of state-owned assets.
After the asset disposal is approved, the restructured enterprise shall go through the formalities of property right change registration or cancellation with the state-owned assets department at the same level.
X. industrial and commercial registration.
After the approval of asset disposal and the change and cancellation of registration of property rights, the restructured enterprise shall go through the formalities of establishing, changing or canceling the original enterprise with the administrative department for industry and commerce.
Eleven, other formalities that need to be handled after the enterprise registration.
1. Pay economic compensation to employees who terminate or terminate their labor relations with the former state-owned enterprises and leave the enterprises; New enterprises sign new labor contracts with employees, and new enterprises that retain economic compensation sign relevant agreements with employees. Where employees exchange economic compensation for shares, the enterprise shall sign a share subscription agreement with employees;
2. Changes in employee labor contracts, continuation of social security procedures, transfer of self-employed employee files to the labor market, and socialized payment of pensions for retired employees;
3. Change of real estate license;
4. Change of land use right certificate;
5. Distribute subsidies after deed tax payment;
6. Tax changes;
7. Change of the enterprise name of the bank where the account is opened;
8, water, electricity, gas use rights change;
9. Changes in the relationship between creditor's rights and debts;
10, other items that should be changed.
Twelve, the reform of the office work to implement the joint office system.
1. The main tasks of the joint office are: policy consultation, investigation and study, feedback of information, acceptance of applications and approval of related matters, organization of scheme demonstration and supervision of handling results.
2. The joint office is located in the municipal state-owned assets supervision and administration office.
3. The personnel participating in the joint office shall be transferred by the Municipal Economic Commission, the Municipal Finance Bureau, the Municipal Labor and Social Security Bureau, the Municipal Planning and Land Bureau, the Municipal Real Estate Bureau, the Municipal Administration for Industry and Commerce, and the Municipal State-owned Assets Office.
4, deployed personnel must be familiar with the enterprise situation and related policies, and can express opinions and decide to discuss matters on behalf of departmental cadres.
The office system of the district reform office is decided by the district governments.
XIII. Time limit for review.
department
Acceptable matters
Time limit (working days)
State-owned assets department
Go through the evaluation and project establishment procedures.
Handling preliminary assessment (including joint review of land and real estate departments) 7
Go through the identification and confirmation procedures.
Go through the formalities of writing off the loss of fixed assets.
Go through the examination and approval procedures for the asset disposal plan.
2 for state-owned assets property rights change registration or cancellation procedures.
the Ministry of Finance
Handle the verification procedures for losses such as current assets.
Handle the formalities of transferring financial loans to capital and returning land transfer fees.
5. Go through the formalities for examination and approval of deed tax relief.
After paying the deed tax, go through the formalities for allocating the subsidy for restructuring.
Ministry of Employment
Go through the examination and approval procedures for employee resettlement diversion scheme and various compensation and resettlement expense standards.
Go through the formalities of renewal and transfer of social security relations. 10
Planning and land bureau
Go through the formalities of land change registration 10
Real estate bureau
Handle the property transfer formalities 10
Handle the procedures for the use of funds for selling houses and the replacement of public houses.
Corporate sector
Go through the formalities of industrial and commercial change and new registration.