In May of 20xx, China Youth Daily reported on 12 state-owned commercial enterprises such as Zhengyanghe, Laodu Yidi, Songhuajiang Hotel, Violet Photography Agency and Guangming Optical Shop in xx City, and completed the exit reform of state-owned assets. The total withdrawal of state-owned tangible assets is nearly 300 million yuan, all of which are private joint-stock enterprises. In the process of reform and restructuring, the assets of these state-owned commercial enterprises are evaluated by the evaluation agency determined by the municipal state-owned assets management department entrusted by the Municipal Commercial Committee. The content of the evaluation is only for tangible assets, and intangible assets such as trademarks and trade names are not evaluated. In this regard, economic experts expressed concern. The intangible assets of state-owned enterprises have been ignored. At the critical stage of the reform of state-owned enterprises, this issue should be raised and deserves great attention.
Trademarks and trade names are not intangible assets. Modern accounting theory holds that tangible assets and intangible assets constitute the totality of enterprise assets. Intangible assets refer to intangible assets that have no physical form, are invisible and intangible, and people can't directly touch them. Therefore, it is essentially a fixed asset that provides some legal rights, privileges or advantages for the production and operation of enterprises. Enterprises with these assets can be in a special favorable position in the market competition, so that enterprises can obtain economic benefits higher than the general level. China 1 July 9931Article 20 of the General Principles of Enterprise Finance stipulates? Intangible assets are assets that enterprises use for a long time but have no physical form, including patents, trademarks, copyrights, land use rights, non-patented technologies and goodwill? . Intangible assets of state-owned enterprises refer to all economic resources that are controlled by state-owned enterprises and have no independent entities, and can continuously play a role in production, operation and service and bring economic benefits. According to China's current laws and policies and referring to international practices, the basic contents of intangible assets should also include: patent right; The right to use proprietary technology and other scientific and technological achievements; Industrial rights, such as design; Trade secrets; Land use rights, etc.
First, the objective reasons leading to the loss of intangible assets in the process of restructuring
The characteristics of intangible assets are the objective reasons for its easy loss.
1, invisible. Intangible assets have no physical form, and their functions cannot be intuitively reflected emotionally. They only exist in ideas, so they are easily ignored by people. In the process of reorganization, there will be the phenomenon of underestimating and not confirming intangible assets. Some intangible assets, such as corporate image, self-created goodwill, manufacturer brand, etc. , no accounting and reflection, no explanation in the external financial report; Or inadvertently or intentionally ignore the intangible assets such as proprietary technology, specialized personnel and marketing network of the transformed enterprise; Intangible assets such as goodwill are not recognized, and so on. Usually, the loss of intangible assets is caused by the omission of these intangible assets.
2. unstable. The value of intangible assets is that it can bring more profits to enterprises than ordinary enterprises. But this level of profitability is an unstable state, and the future income of intangible assets depends on artificial estimation and judgment. The profit level of enterprises will also be affected by the environment; The economic life of intangible assets is the same, especially in the era of knowledge explosion, the acceleration of technological progress has an impact on the service life of intangible assets (mainly the life that brings excess returns), especially the technical intangible assets, which are likely to be eliminated after being developed. This makes the value of intangible assets unstable, which affects the determination of intangible assets value during enterprise transformation. Some enterprises can make a fuss about the valuation of intangible assets, manipulate prices and cause the loss of intangible assets.
The second is the subjective reason that leads to the loss of intangible assets in the process of restructuring.
There are many subjective reasons, including the following:
1. Intangible assets lack the attention of stakeholders. Intangible assets, as important assets of enterprises, can make enterprises obtain excess profits. Should be the focus of business operators. However, this is not the case. As the managers of state-owned enterprises under the original planned economy system, because the condition, integrity and safety of intangible assets are not directly related to their performance evaluation, managers lack attention to intangible assets, which is manifested in weak awareness of intangible assets protection and confidentiality and lack of effective management of intangible assets. In the face of restructuring, operators have become worthy of the name in the evaluation of enterprise assets because of the policy of holding more shares? Clients? We can't ask them to treat intangible assets that are easily ignored by others fairly.
2. The instability of intangible assets requires a strict standard for the evaluation and pricing of intangible assets, but the evaluation and pricing of intangible assets is still a realistic problem. Due to the ineffective operation of the appraisal market, the lack of unified authoritative standards for intangible assets appraisal, and the lack of reasonable appraisal and identification of the value of transferred intangible assets, many transferees "collude" with a few asset appraisal agencies by means of asset appraisal, artificially manipulating the value of intangible assets and causing the loss of intangible assets. Due to the lack of effective supervision of evaluation institutions, this behavior has not been effectively controlled and punished, which makes the evaluation of intangible assets losses caused by pricing problems become a major channel for its losses. For example, in the value evaluation, the behavior of underestimating intangible assets has a hotbed because of the uneven quality and level of personnel, the unstable value of intangible assets, the "great flexibility" of the evaluation results and the "random" evaluation of intangible assets.
3. Lack of effective behavior supervision and restraint mechanism. In the process of restructuring, the superior governments and management departments of some state-owned enterprises have not fully realized the important role of intangible assets in enterprise management and national economy, and are unable to supervise and protect state-owned intangible assets. When evaluating the performance of enterprise leaders, there is no indicator of intangible assets in the assessment and monitoring of leaders of state-owned enterprises and institutions, and there is no effective supervision and restraint on their behavior. After years of establishment, revision and perfect development, China's laws and regulations on intangible assets have developed, but compared with the development speed of intangible assets, laws and regulations still lag behind and cannot meet the needs of comprehensive protection of intangible assets. For example, the legal system and organizational management system of intangible assets evaluation are not perfect; There is a lack of audit supervision on the valuation, evaluation and transfer of intangible assets in property rights transactions, and there is a lack of corresponding audit regulations and system support.
In view of the above subjective and objective reasons, we should pay attention to the following aspects in the process of restructuring.
First, before the transformation of state-owned enterprises, that is, enterprise managers are responsible for the operation of state-owned enterprises on behalf of the state:
1. When an enterprise manager is in charge of a state-owned enterprise on behalf of the state, he must be required to determine his understanding of intangible assets through legal means.
Intangible assets of enterprises should be registered in time to obtain legal rights. This is a prerequisite for legal protection and foreign recognition of its intangible assets. Legally, assets are represented as property rights. To claim rights, we must first enjoy rights according to law. Enterprises must register their intangible assets with the relevant administrative departments in a timely manner according to law. If the patent goes to the Patent Office, the trademark goes to the Trademark Office, the land use right goes to the Land Bureau, and the enterprise name goes to the Industrial and Commercial Bureau. Enterprises should pay attention to the foreign registration of their own patents, trademarks and copyrights and take precautions. If the enterprise is transformed, there may be foreign investment. Business operators should make full use of the simple procedures provided by international organizations, such as the Patent Cooperation Treaty and the Madrid Agreement on Trademark Registration, to save money and facilitate international registration in time.
2. On behalf of the state in charge of state-owned enterprises, business operators must require them to have the responsibility to establish corresponding intangible assets protection mechanisms. Establishing a modern enterprise system is an important part of establishing a socialist market economic system, including establishing a corresponding mechanism for protecting intangible assets of enterprises. In capitalist countries, the intellectual property protection of modern large enterprises in most developed countries has a history of 100 years. The State Economic and Trade Commission decided in? Ninth Five-Year Plan? During this period, enterprise technological innovation system and technological innovation institutions will be established to realize two fundamental changes and accelerate the combination of science and technology with economy. Therefore, in the process of relying on intangible assets to develop the economy, enterprise leaders should clearly realize the importance of strengthening the awareness of intellectual property protection, attach importance to the all-round management of intangible assets of enterprises, and consciously use our laws and regulations to safeguard their legitimate rights and interests. This requires enterprises to establish and improve the intellectual property protection mechanism of enterprises, continuously improve the benefit contribution rate of enterprises relying on intangible assets, and at the same time establish a high-quality and legal staff to protect intellectual property rights.
Second, in the process of restructuring state-owned enterprises,
1. Conduct internal audit on intangible assets. An enterprise shall establish a responsibility system for intangible assets management and an internal audit system for intangible assets, and set up specialized institutions with professionals to comprehensively manage intangible assets; We should pay full attention to the value of our own intangible assets and strengthen the accounting of intangible assets transfer; Intangible assets should be supervised, and the future income, economic life and capitalization rate of intangible assets should be evaluated and confirmed in time.
2. Standardize the evaluation of intangible assets. In strict accordance with the procedures stipulated in the Measures for the Administration of State-owned Assets Appraisal:
(1) Apply for project establishment.
With the consent of the competent department, the state-owned intangible assets possession unit shall submit an application for intangible assets evaluation to the state-owned assets management department at the same level, and attach the property catalogue and relevant accounting statements. After the project is approved, we will sign an entrustment appraisal agreement with the intangible assets appraisal firm.
② Investigation and verification.
On the premise of the information provided by the entrusting unit, the entrusted firm shall identify whether the relevant data and written materials of intangible assets, especially the property right relationship and technical maturity of technical intangible assets, are true and reliable.
③ Evaluation and estimation.
According to all the data and materials after investigation and verification of the appraisal object, make comprehensive balance and comprehensive analysis, carry out calculation and design, and prepare a clear appraisal report.
4 verification and confirmation.
After the appraisal report is submitted to the entrusting party, the entrusting party shall submit it to the state-owned assets management department for confirmation after being examined and approved by the competent department.
With the rapid development of high and new technology, the pace of scientific and technological economic integration is accelerating, and China's formal accession to the WTO, the strategic position of intangible assets in national economy, social development and scientific and technological progress will be further enhanced, and the protection and management of intangible assets have been put on the agenda of enterprises. We should pay more attention to intangible assets, change the past understanding that tangible assets are assets, and do a good job in protecting intangible assets in combination with the characteristics of enterprises to prevent the loss of state-owned intangible assets.
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