Chapter 1 General Principles
Article 1 In order to strengthen the management of state -owned property rights funded by the Provincial People's Government State -owned Assets Supervision and Administration (hereinafter referred to as the "Provincial State -owned Assets Supervision and Administration"),Standardize the behavior of state -owned shareholders investors, Maintain the legitimate rights and interests of the state -owned asset owner and the company,Safety operation of ensuring state -owned assets of enterprises，Promoting state -owned asset preservation and value -added，According to the "Company Law of the People's Republic of China"、"The Law of the People's Republic of China"、"Interim Regulations on the Supervision and Management of Enterprise State -owned Assets" and other relevant laws、Regulations on regulations,Combined with the actual situation of our province,Formulate this temporary method。
Article 2 The state -owned property rights referred to in these Measures，refers to the rights and interests formed by the state invested in various forms of enterprises、State -owned and state -owned holding enterprises (more than 51%of the holding ratio) should be formed by various investment shall be enjoyed，and the other rights and interests identified as the country according to law。
Article 3 These Measures are suitable、Transfer of state -owned property rights of holding and participating companies、Drawing、Mortgage、pledge、Guarantee、Increase capital expansion、Equity repurchase、Company system transformation、separation、merge、Disopoly, etc.，and the wholly -owned company and its wholly -owned、Holding enterprises set up new companies and acts investing in other companies。
Chapter 2 Management of setting up companies and investing in other companies
Article 4 The establishment of a company and investing in other companies in these Measures refers to the supervision enterprise and its full assets、Holding sub -enterprise for a specific purpose，Monetary funds，physical assets、Intellectual property、Non -monetary property that can be valued by currencies and can be transferred in accordance with the law for the establishment of new companies and investing in other companies in accordance with the law。
5 Decision -making behavior of regulatory enterprises shall strictly regulate the establishment of new companies and invest in other companies，Establish and improve the relevant internal management system，Reported to the Provincial State -owned Assets Supervision and Administration Commission。Subject to the regulatory enterprise、Holding Sub -Enterprise Establish a new company and invest in the internal management system of other companies，Should be reported to regulatory enterprise filing。
6 -regulatory enterprise set up new companies or invest in other companies，It should comply with the national industrial policy and the relevant regulations of the Provincial SASAC，It is in line with the company's development strategy and development plan。
7 Principles prohibit the establishment of a new company from investing in the field of non -main business。It is necessary to invest in setting up a new company，It should be reported to the Provincial SASAC for approval，Among them, the supervisory enterprise is the holding and participation，It should be submitted to the shareholders 'meeting or shareholders' meeting for review。
Article 8 The property chain of the supervision enterprise does not exceed the third level in principle。The property right chain exceeds the third level，Regulatory enterprises should transfer it through equity within three years、Transfer and other methods to complete the shrinkage of the property chain。
9 When a supervisory enterprise is the initiator, when setting up a new company or investing in other companies,It shall participate in the formulation of the initiator agreement or the investor agreement、Draw or modify the work Stake Sports Bettingof the company's articles stake sports betting appof association,Maintain your own legitimate rights and interests。
Article 10 The articles of association invested by the supervision enterprise stipulates that the supervisory enterprise has a voting right lower than the actual contribution ratio,or the proportion of distribution income is lower than the actual contribution ratio,Regulatory enterprises shall be reported to the Provincial SASAC for review and approval before signing the company's articles of association。
Article 11 The draft of the articles of association of the company contributed by the supervision enterprise, A review opinions of legal affairs agencies should be listened in advance.
Article 12 Regulatory enterprise and its all -Assets enterprise set up a new company，Before the registration of industry and commerce，Timely registration of state -owned property rights in accordance with relevant regulations。
Chapter 3 Management of changes in state -owned property rights
Article 13 State -owned property rights change refers to the transfer of state -owned property rights of regulatory enterprises and their subsidiaries、Drawing、Increase capital expansion、Equity repurchase、Company system transformation、separation、merge、Disopoly, etc.。
Article 14 State -owned property rights change shall comply with national laws、Regulations and relevant policies and regulations，Strategic adjustment of the state -owned economic layout and structure，Following the corporate development strategy，Maintain the legitimate rights and interests of the country and other parties。
Article 15 The state -owned property rights who have changed should be clear.
Article 16 The changes in state -owned property rights in supervision enterprises shall do a good job of feasibility study，Focus on the necessity of changes in property rights、Feasibility and research on the company's future development and the impact of employee employment。Establish an implementation plan on the basis of feasibility study，Review according to internal decision -making procedures，and form a written resolution。
Article 17 The changes in state -owned property rights shall strictly perform the relevant approval procedures，Specific approval of permissions:
(1) Regulatory enterprise state -owned property rights change，Decided by the Provincial SASAC;，It should be reported to the provincial government for approval。
(2) The state -owned property rights of the enterprise affiliated by the regulatory enterprise，Principles are approved by regulatory enterprises，Reported to the Provincial State -owned Assets Supervision and Administration Commission;、Change of major property rights is reported to the Provincial SASAC for approval。
(3) The change of state -owned property rights involved in operating layers、State -owned property rights transferred for free and agreement transfer，It must be reported to the supervision enterprise step by step according to the relationship between property rights，Report to the Provincial SASAC for approval。
Article 18 Important subsidiaries refer to the wholly -owned and holding of the regulatory enterprise，and a enterprise with a state -owned assets of more than 50 million yuan; major property rights changes refer to the overall restructuring of the enterprise、separation、merge、Matters of dissolution，and capital increase and shares、Equity repurchase、Property rights transfer involved the change of property rights that abandon state -owned controlling stakes。
Article 19 The change of state -owned property rights of an enterprise involves the transfer of property rights，It must be strictly stipulated in the State -owned Assets Supervision and Administration Commission of the State Council，Perform relevant internal review procedures and submission procedures，The property right trading institution designated by the state -owned assets supervision department above the province is publicly carried out，Strictly prohibit off -site transactions。
Article 20 The time limit for the approval of the state -owned property rights of the enterprise is 20 working days。Calculated from the date of submission of qualified application materials submitted by the application enterprise。
Article 21: After the state -owned property right changes are approved or decided，If the proportion of property rights or the state -owned property right change plan is major adjustment，It should be re -approved in accordance with the prescribed procedures。
Article 22 The State -owned Property Rights of Holdings and Enterprise Participants，After completing the relevant approval procedure according to the property rights relationship，State -owned shareholders shall submit to the shareholders 'meeting or shareholders' meeting for review。
Article 23 The changes in the state -owned property rights of regulatory enterprises and their affiliated enterprises involve changes in state -owned land use rights and national exploration rights、Mining rights and other specialized in the enterprise，Relevant procedures shall be completed in accordance with relevant national regulations。
Twenty -four changes in state -owned property rights of financial enterprises，Implement in accordance with relevant national regulations。State -owned equity changes in listed stake betting appcompanies shall be implemented in accordance with the provisions stake online sports bettingof the State -owned Assets Supervision and Administration Commission of the State Council。
Management of state -owned shares for non -listed shares Co., Ltd.，The state has other stipulated，From its regulations。
Chapter 4 The management of mortgage, pledge and external guarantee for state -owned property rights
Two 25 supervision enterprises and its affiliated enterprises shall establish and improve the mortgage of national ownership、The management system for pledge and external guarantee，Reported to the Provincial State -owned Assets Supervision and Administration Commission。
Article 26 Regulatory enterprise and its subsidiaries are used for mortgage、pledge or providing guarantee amount，In principle, it must not exceed 50%of the total state property rights it holds the company.。
Article 27 Regulatory enterprise and its affiliated enterprise mortgage、pledge or units that provide guarantee，In principle, it is an enterprise that has the relationship between property rights with the enterprise。
Article 28 Supervisor Enterprise and its enterprise property mortgage、pledge or external guarantee must be carried out feasibility demonstration，Focus on mortgage、pledge、The necessity of guarantee、Reasonable and Risk Prevention and Control Analysis and Review，Forms a written resolution，and report to the Provincial State -owned Assets Supervision and Assets Commission after fulfilling the internal audit process。
Article 29 Regulatory enterprises and their affiliated enterprises provide mortgage to other enterprises that are related to the property of the enterprise、When pledge or guarantee，Internal review should be performed in accordance with regulations，Form a resolution，Implementing it after being approved by the SASAC。
Chapter 5 State -owned Assets Evaluation Management
Article 30 Regulatory enterprises and their state -owned state -owned property rights or use physical assets (including intangible assets) when they invest in foreign investment，Asset evaluation should be performed in accordance with regulations。Specific economic matters such as the change of state -owned property rights are approved or decided，The main body of property rights entrusts the asset evaluation agency with relevant qualifications to conduct asset evaluation。
Article 31 The choice of evaluation agencies shall be determined according to the approval authority of economic matters such as state -owned property rights; asset evaluation projects involve audit，The selection principle of the audit agency is determined by the selection principle of the evaluation agency。
Article 32 After the evaluation agency issues an evaluation report，Regulatory enterprises shall be in accordance with relevant regulations，Apply for the approval or filing procedures for the asset evaluation project，Asset evaluation project approval documents and filing forms are necessary documents for state -owned asset occupation units to go through relevant changes procedures。
Article 33: Expert evaluation system for major state -owned asset evaluation projects。The total asset evaluation of supervision enterprises and its affiliated enterprises exceeds 200 million yuan (including 200 million yuan)，Provincial State -owned Assets Supervision and Administration Commission should organize experts to review。
Article 34 The asset occupation unit shall pay the asset evaluation costs all over the provincial SASAC stores before the asset evaluation report is approved or filing;。
Chapter 6 Representatives and reporting systems of state -owned shareholders
Article 35 The representative of state -owned shareholders referred to in these Measures refers to the appointment of state -owned shareholders，Natural persons who represent the state -owned shareholders who exercise the power of shareholders in the company (national shareholder representatives are appointed by the Provincial State -owned Assets Commission，Representatives of shareholders of state -owned legal persons are appointed by the holding unit)。
Article 36 of the Provincial SASAC、Regulatory enterprises can attend the shareholders' rights through their legal representative or client (that is, shareholders representatives) (that is, shareholders representatives) (that is, shareholders representatives) (that is not a shareholders' meeting for the notary of the shareholders' association)。
Article 37 State -owned shareholder representatives shall have the following conditions:
(1) Familiar with and abide by relevant laws、Administrative Regulations、Relevant provisions of state -owned assets supervision and corporate articles of association;
(2) Have related industries、professional knowledge and work experience in the field,It has a high level of decision -making and judgment at the same time;
(3) Can be timely、Accurately grasp the company's management status,Strictly conservative business secrets learned in the trustee;
(4) Familiar with and understand the decision of the provincial state -owned assets committee stake online sports bettingor regulatory enterprise on the company's shareholders' stake betting appdecisions，Correct exercise of voting rights,Maintain the rights and interests of the investor in accordance with the law;
(5) Provincial SASAC stake online sports bettingor regulatory enterprises believe that other conditions that shareholders should have。
Article 38 representative of state -owned shares，Responsibility to the following matters:
(1) Implement the law of state -owned asset management、regulations and systems;
(2) Perform the responsibilities of the owner's will;
(3) Adhere to the principle of the same shares and rights，Maintain the legitimate rights and interests of state -owned shareholders;
(4) The supervision and inspection of the accepted appointed units on the rights and behaviors of the state -owned shareholders' shareholders;
(5) Responsible for violating the "Company Law"、The responsibility Stake Sports Bettingof the company's articles of association and the management policy of state -owned assets。
Article 39 There is one of the following situations,Do not entrust the representative of state -owned shareholders:
(1) People without civil behavior or people with limited civil behavior;
(2) There is a major commercial interest relationship with the company;
(3) At the company's board of directors、The board of supervisors,The topic and board and directors reviewed by the shareholders' meeting、Supervisors and Supervisors,It may affect its independent judgment;
(4) Natural person holding company shares;
(5) Provincial SASAC stake online sports bettingor regulatory enterprises believe that it is not suitable for other circumstances that shareholders representatives。
Article 40 Provincial SASAC or legal representatives of the provincial state assets participating in the shareholders 'meeting or shareholders' meeting of the capital contributed,No need to authorize the Provincial SASAC stake online sports bettingor regulatory enterprises。
Article 41、Regulatory enterprise entrusts shareholders representatives to participate in the shareholders' meeting of the company they contributed、The shareholders' meeting,Must be required to be "Division Book of Shareholders",In the attorney, indicate the scope of authorization and the period of authorization。This attorney is a shareholder representative at the shareholders' meeting、Written proof of the voting right at the shareholders' meeting。
The shareholder representative is more than two or more,The name of the voting right should be stated in the attorney。
Article 42: Representative of state -owned shareholders and also served as a director or supervisor of the company，The difference between the two positions should be accurately grasped，Correct exercise of their respective rights and obligations。
Article 43 Provincial SASAC and regulatory enterprises shall pass the review of major matters、Annual assessment and other methods,Regularly or irregularly check the work of supervising the representative of shareholders,Strengthen the exercise of rights to shareholders' representatives、Supervision of fulfilling responsibilities。
Article 44 Provincial SASAC stake online sports bettingor regulatory enterprise shall study and make a corresponding decision on the major matters proposed by the company's shareholders or the shareholders' meeting.。Representatives of state -owned shareholders should strictly follow the decision of the provincial state -owned assets committee or regulatory enterprise at the shareholders 'meeting or shareholders' meeting,Exercise voting rights within the scope of authorization,Twenty -four hours after exercising the voting right, report to the appointment to exercise rights for the appointment、Performance of responsibilities。
Chapter 7 Legal liability
Article 45 In the process of state -owned property rights in the enterprise，There is one of the following situations，Property rights change approved agency shall require the property right to terminate the change of property rights，If necessary, confirm that the change in property rights through legal channels is invalid。
(1) The main body of property rights、Change of property rights Enterprise does not perform the corresponding internal decision -making procedures、Approval procedure or beyond permissions、The state's state -owned property rights change without authorization;
(2) The main body of property rights、Change of property rights Enterprises intentionally concealed assets that should be included in the scope of evaluation，or provide false accounting information to the intermediary agency，Leading audit、Evaluation results distortion，and the unveiled audit、Evaluation，Discarding state -owned assets;
(3) The main body of property rights and transferee string，Low price transfer state -owned property rights，Discarding state -owned assets;
(4) The main body of property rights、Change of property rights The enterprise has not properly placed employees in accordance with regulations，The legitimate rights and interests of the employee infringement;
(5) The main body of property rights has serious flaws in terms of authenticity;
(6) The transferee adopted fraud、concealment and other means to affect My stake betting appthe stake sports betting appselection of property rights entities and the signing of property rights transfer contracts;
(7) The transferee is bidding in property rights、Auction，malicious stringing pressure low price，Caused the loss of state -owned assets。
Article 46 The main body of property rights with direct responsibility for the behavior listed in Article 45 of these provisions、property rights change Enterprise competent personnel and other direct responsible persons，Alert by the Provincial SASAC or related enterprises in accordance with personnel management authority; if the circumstances are serious,，Given disciplinary sanctions; cause the loss of state -owned assets，shall be held accountable for liability;，Transfer to judicial organs according to law to investigate its criminal responsibility。
For the loss of state -owned assets due to the transferee，The liability for compensation of the transferee should be investigated。
Article 47 The social intermediary agencies illegally practicing in the state -owned property rights of enterprises，Provincial SASAC may require the provincial state -owned enterprises to not entrust it to engage in the relevant business of the state -owned property rights of the enterprise，and ask the industry competent authority to give corresponding penalties; cause the loss of state -owned assets，shall be held accountable for liability。
48 representatives of state -owned shareholders' representatives did not perform the report system in accordance with regulations、Report false situation or not voting in accordance with the response opinion of the entrusted subject，Alert to the entrustment subject，For ignoring warnings that the state -owned equity is infringed，The entrusted subject except the management of its state -owned shareholders in accordance with the management rights，It should also be investigated for its corresponding administration、Legal liability。
Article 49 of the Provincial SASAC、The staff of the supervisory enterprise and its affiliated enterprises，Utilize the fraud or neglect of the duty，Caused the loss of the rights and interests of state -owned property rights，The severity of the error should be given the economy to the person responsible for the seriousness of the error and the size of the economic loss、Administrative punishment; violated the criminal law，It is investigated by the judicial organs to investigate its criminal liability in accordance with the law。
Chapter 8 Attachment
Article 50 cities、Areas can refer to this regulation，Develop specific measures for the supervision of state -owned property rights in the funded enterprise。
Article 51 The provincial enterprises that have not been included in the provincial -owned enterprises invested by the Provincial SASAC with reference to these Measures。
Article 52 This "Measures" is explained by the Provincial SASAC.
Article 53 These Measures will be implemented from January 1, 2008。
