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SASAC issued rules for comments regulate state-owned property transactions

Time: 2009.03.16 77 Font size:

Xinhua News Agency, Beijing, March 16 (Xinhua Fan Xi) for the unified norms of state-owned property transactions, the State Council State-owned Assets Supervision and Administration Commission on the 16th issued "enterprise state-owned property rights trading rules (draft)", clearly stipulates the transfer of state-owned property The price should be based on the results of asset valuation, suspected of infringement of the legitimate rights and interests of state-owned assets, state-owned assets regulatory agencies may require the end of the transaction.


It is understood that the draft by the SASAC organization Beijing, Tianjin, Shanghai, Chongqing 4 to the SASAC and property rights trading institutions to study and develop. The draft is divided into eight chapters, involving the transfer of state-owned property rights to apply for the transfer of information published, the intention to register the transferee, the organization transfer transaction signing, clearing the transaction funds and issuing transaction certificates and other property rights transactions specific links.


The draft stipulates that the state-owned property right transaction of the enterprise refers to the transfer of the property right transfer information through the property right transaction institution after the relevant decision-making and approval procedures are carried out by the state-owned property right transfer entity.


The draft pointed out that the state-owned property rights transfer of the first information announcement when the listing price shall not be lower than the record or approved the transfer of the underlying asset valuation results. If the transferee is not collected within the prescribed notice period, the transferor may set a new listing price within 90% of the assessment result and make a further announcement. When the new listing price is less than 90% of the appraisal result, the transferor shall re-issue the notice of the transfer of property rights after re-obtaining the approval of the transfer of property rights.


In order to protect the state-owned assets in the process of transfer of property rights without loss, the draft stipulates that the transfer of state-owned property rights in the process of alleged infringement of the legitimate rights and interests of state-owned assets, state-owned assets supervision and management agencies may require property rights trading institutions to end property rights transactions.


According to regulations, the transferor shall disclose the basic information of the subject matter of the transfer, the terms of the transaction, the qualification of the transferee, the relevant information which has significant influence on the property right transaction in the notice of the transfer of title. In the property rights transfer information after the expiration of the announcement, resulting in two or more eligible transferee, the property rights trading institutions in accordance with the announcement of the auction way to organize the implementation of open auction; only produce a satisfactory intention of the transferee, Property rights trading organizations to organize the transaction between the two sides by the listing price and the buyer's offer the same principle directly signed.


In order to ensure the safety of transaction funds, the requirements of the draft, the property rights trading institutions to implement a unified settlement of funds settlement system, set up an independent settlement account, the organization of payment of property rights transaction funds to ensure that the settlement account transaction funds security, The


The transferee shall pay the transaction price of the property right transaction to the settlement account of the equity transaction institution within the time limit stipulated in the property right transaction contract. The transaction price of the contract of the property right transaction is paid in installments, and the price of the down payment transaction shall not be less than 30% of the turnover amount.