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企业国有资产产权登记管理办法 PROCEDURES GOVERNING REGISTRATION OF STATE OWNED PROPERTY RIGHT IN ENTERPRISES

2006-05-15 23:46   我要纠错 | 打印 | 收藏 | | |

国务院令第192号
(Promulgated by Decree No. 192 of the State Council of the People's Republic of China on January 25, 1996)
颁布日期:19960125  实施日期:19960125  颁布单位:国务院办公厅秘书局

  Article 1 With a view to strengthening registration management of state owned property rights, improving the basic management system of state owned property and protecting the state owned property from loss, the present Procedures are hereby formulated.

  Article 2 The registration of state owned property rights in enterprises (hereinafter referred to as registration of property rights) mentioned in the present Procedures refers to the action conducted by the state owned property management authorities on behalf of the government in respect to registration of the state quo of property rights including assets, liabilities, rights and interests of owners in different enterprises who hold state owned properties and identification of the ownership of the properties in question according to law.

  Article 3 State owned enterprises, state owned companies with sole state investment, units holding state equity and enterprises holding state property in other forms (hereinafter referred to as enterprises) shall undergo registration of properties according to the present Procedures.

  Article 4 Where uncertainty occurs as to the ownership of enterprise properties or dispute arises concerning property rights, deferred undergoing of property rights registration may be applied for.

  Enterprises approved to defer undergoing registration of property rights shall before the prescribed deadline make clear identifications as to the property rights in question, settle the dispute over property rights and in due time under go registration of property rights.

  Article 5 State owned property management authorities of the people's governments at and above the county level shall handle the registration of property rights based on the ownership thereof.

  The state owned property management authorities may, due to needs of work, entrust relevant governmental departments or agencies with the handling of property rights registration based on ownership thereof.

  Article 6 Registration of property rights is broken down into registration of ownership of property rights, property rights changes and cancellation of property rights.

  Article 7 Enterprises shall undergo registration of ownership of property rights according to the present Procedures.

  The main contents under the subject of registration of property rights ownership are:

  (1) the names, residents, amount of capital and legal representatives of the investors;

  (2) the name, location and legal representative of the enterprise;

  (3) assets, liabilities and rights and interests of owners of the enterprise;

  (4) actually received capitals and state owned capitals of the enterprises;

  (5) state of investments of the enterprises;

  (6) other items as are prescribed by the state owned property management authorities of the State Council.

  The Forms of Registration of State Owned Property Rights examined and issued to enterprises by the state owned property management authorities are documents in testimony of the capital and credit of enterprises.

  Article 8 Enterprises in case of occurrence of any of the following changes shall within 30 days after the change under go registration of property rights changes:

  (1) change of the name, location or legal representative of the enterprise;

  (2) change of proportion of the state owned capital to actually received capitals of the enterprise;

  (3) disintegration, merging or change in business operation form of the enterprise;

  (4) other changes as are defined by the state owned property management authorities of the State Council.

  Article 9 Enterprises in case of any of the following occurrences shall within 30 days from the date of occurrence under go registration of property rights cancellation:

  (1) dissolving of the enterprise, cancellation of the enterprise according to law or the enterprise proclaiming bankruptcy according to law;

  (2) the enterprise transferring all its property rights or the enterprise itself being transferred;(3) other occurrences as are prescribed by the state owned property management authorities of the State Council.

  Article 10 Enterprises undergoing registration of property rights shall according to prescriptions fill in and submit the Form of Registration of State Owned Property Rights and relevant documents, vouchers and report forms etc. Where the contents filled in or the submitted documents, vouchers or report forms do not accord with prescriptions, the state owned property management authorities shall have the power to require correction from enterprises.

  Article 11 The property rights registration shall subject to an annual inspection system.

  Enterprises shall within 90 days after the end of each year undergo property rights registration for annual inspection, submit to the state owned property management authorities financial report and annual report on operation of state owned properties which shall cover the main points as the following:

  (1) state of realized injection of capitals from investors;

  (2) structural changes of the state owned assets of the enterprise including external investment of the enterprise;

  (3) increase, decrease and other changes of the state owned assets;

  (4) other items as are prescribed by the state owned property management authorities of the State Council.

  Article 12 The Form of Registration of State Owned Property Rights shall be solely designed by the state owned property management authorities of the State Council.

  Any unit or individual may not forge, alter, sell or lend the Form of Registration of State Owned Property Rights.

  Where the Forms of Registration of State Owned Property Rights are lost or destroyed, second supply of the Form shall be applied for according to prescriptions.

  Article 13 The state owned property management authorities shall establish and perfect the property rights registration filing system and an alleys and report on the state quo of state owned properties at regular intervals.

  Article 14 If an enterprise has committed any of the following actions in violation of the present Procedures, the state owned property management authorities shall order a correction thereof, circulate a notice of criticism, or further impose a fine of less than 100,000 yuan and propose that relevant governmental departments impose a disciplinary sanction upon the enterprise leaders or those persons directly responsible for the actions:

  (1) refusal to undergo registration of property rights within the prescribed time;

  (2) withholding the truth and failing to undergo property rights registration as things really are;

  (3) refusal to undergo property rights registration for annual inspection according to regulations;

  (4) forging, altering, selling or lending the Forms of Registration of State Owned Property Rights.

  Article 15 If working staff of the state owned property management authorities have practised negligence of office, favoritism, abuse of power or have obtained personal gains, the criminal responsibilities shall be investigated into where a crime is constituted and an disciplinary sanction shall be imposed where a crime is not constituted.

  Article 16 Procedures governing registration of state owned property rights in enterprises of the army shall be formulated with reference to the present Procedures by the General Logistics Department of the People's Liberation Army in consultation with the state owned property management authorities of the State Council.

  Article 17 The present Procedures shall come into effect as of the date of promulgation. The Trial Procedures Regarding Registration and Management of State Owned Property jointly promulgated by the State Administration of State Property, the Ministry of Finance and the State Administration for Industry and Commerce on May 11, 1992 shall be from then on annulled.

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