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Interim Measures for Investment Supervision and Management of Enterprises in Shaanxi Province
Release time: 2007-09-27 & nbsp & nbsp & nbsp Source: Anonymous

Chapter 1  Total  

 

The first article To fulfill the responsibilities of the capital of state -owned assets in accordance with the law,Regulate investment behavior of provincial enterprises,Raise the scientific nature of investment decision -making、Democracy,Effectively avoid investment risk,According to the "Company Law of the People's Republic of China"、The "Interim Regulations of the State -owned Assets Supervision and Administration of Enterprise State -owned Assets" and other laws and regulations,Formation of this method。

Article 2 The provincial enterprises referred to in these Measures,refers to the State -owned Assets Supervision and Administration Commission of the Shaanxi Provincial People's Government (hereinafter referred to as the Provincial State -owned Assets Supervision and Administration Commission),Enterprises that fulfill the duties of investors in accordance with the law (hereinafter referred to as enterprises)。

Article 3 The investment referred to in these measures refers to the use of money、physical、Acts for the implementation of valuable securities or intangible assets,Including the following content:

(1) Fixed asset investment;

(2) Financial investment;

(3) Property right acquisition;

(4) Long -term equity investment;

(5) Other forms of investment.

Article 4 The Provincial SASAC fulfills the responsibilities of the investor in the investment activities of the enterprise:

(1) Organize research on the guidance of state -owned capital investment;

(2) A review of the annual investment plan of the enterprise,Implementing a record or approval management of the investment project of the enterprise;

(3) Organize the analysis and evaluation of investment benefits;  '

(4) Guide enterprises to establish and improve investment decision -making procedures and management systems。

Article 5 Enterprise is the main body of investment activities, and the following responsibilities should be fulfilled:

(1) Responsible for the formulation and implementation of the annual investment plan;

(2) Responsible for the feasibility study of investment projects;

(3) Responsible for investment decisions and bear investment risks;

(4) Investment analysis and strengthen investment management.

Article 6 Enterprise investment activities shall follow the following principles:

(1) In line with national industrial policy;

(2) The direction of the state -owned economic layout and structural adjustment in the province;

(3) Highlight the main business,It is conducive to improving the core competitiveness of the enterprise;

(4) The investment scale is compatible with the actual ability of the enterprise;

(5) Comply with the investment management system,Performing investment decision -making procedures;

(6) The expected investment yield is not lower than the average level of the same industry。

Chapter 2 Enterprise Investment Supervision System

 

Article 7 Enterprises should establish a sound investment risk control、Scientific democratic decision -making、Major investment management stake betting appsystems such as major responsibilities,Clear corresponding management agency,Submit to the Provincial SASAC。Enterprise investment management system mainly includes the following content capacity:

(1) The name of the enterprise is responsible for the name of the investment management institution、Responsibilities、Management structure and corresponding permissions;

(2) Principles followed by investment activities、Decision procedures and corresponding quantitative management indicators;

(3) The management of project feasibility research and demonstration;

(4) Bidding management in the implementation of the project organization、Management of project construction supervision and management system and implementation process;

(5) Management of the implementation process of equity acquisition and equity investment project;

(6) The management of the construction and implementation of the evaluation working system after the project;

(7) Investment risk management,The point is the law、Finance、Inspection of risk prevention and major investment activities for major investment activities;

(8) Responsibility for accountability.

Article 8 Enterprise investment activities should propose corresponding quantitative management indicators according to the actual situation of the enterprise,Integrated into the enterprise investment management system。Including:

(1) Internal control indicators of the reasonable proportion of non -main assets in the enterprise development plan accounted for the reasonable proportion of the total assets of the enterprise and the annual investment in China Africa's main investment investment;

(2) Control indicators of asset -liability ratios during the development planning period of the enterprise;

(3) Control indicators of the internal investment yield of the enterprise;

(4) The reasonable proportion of its own funds in various investment activities during the development plan;

(5) During the development plan period, the newly started project investment in each year accounts for a reasonable proportion of total investment。

Enterprises can establish an index system with reference to the "Economic Evaluation Methods and Parameters of Construction Projects" issued by relevant national departments and refer to relevant parameters for correction。

Article 9 Enterprises shall evaluate after the implementation of investment projects,According to the post -evaluation results,Putting forward and improving opinions and suggestions on enterprise investment activities and management。Where,Within 3 months after the completion of the key project,Submit the post evaluation report and project final accounts to the Provincial State -owned Assets Supervision and Administration Commission for Filing。

Chapter 3 Annual Investment Plan

 

Article 10 Enterprises prepare annual investment plans based on development strategies and planning,and will be reported to the Provincial State -owned Assets Commission for the next year on December 20 each year。The main content includes:

(1) The overall situation of the annual investment plan: the same number、Total investment、Fund composition、Investment method、Perial structure、Investment benefits、New benefits、Effects of implementation;

(2) The progress of the urgent point port of continuous construction、Existing problems; the basic situation of major new construction projects、Economic (social) benefits; the introduction of technical digestion and absorption and technological innovation in investment projects, etc.;

(3) The investment scale and proportion of the main business and non -main business;

(4) Annual investment juice project table (with Table 1),Including project content、Investment amount、Investment benefits、Implementation years, etc.。

Enterprise Annual Investment Plan,The annual investment plan of the wholly -owned My stake betting appsubsidiary and the holding subsidiary should be included。

Article 11 Enterprises should strictly implement the annual investment plan。Due to adjust the investment plan for the special circumstances,It should be explained and adjusted the content,and report it to the Provincial State -owned Assets Supervision and Administration Commission for record。

Article 12 Enterprises should prepare annual investment analysis reports,Umbrella surface reflects the state -owned capital structure of the enterprise、Execution of the annual investment plan (Table 2),Project investment income, etc.,and next year 3 Analysis will be reported to the Provincial SASAC before the end of the month.

Article 15 The enterprise shall submit the project investment to the completion of the project quarterly and attach simplified the materials,After 10 working days after the end of each quarter, I will submit to the Provincial State -owned Assets Supervision and Administration Commission for the first quarter of investment statistics report form (with Table 3)。

Chapter 4 File and Approval

 

Article 14 The main business referred to in these Measures,refers to determined by the development strategy and planning of the enterprise,and the main business of the main business announced by the Provincial SASAC; non -main business refers to other business businesses outside the main business。

Article 15 Investment projects within the scope of the company's main business,Implementing filing management,Among them, the investment project approved by the national and provincial government investment management departments in accordance with regulations,The enterprise handles it in accordance with the procedures stipulated by the relevant investment management department,The approval opinions from the investment management department are reported to the Provincial State -owned Assets Supervision and Administration Commission for Filter。

Article 16 Approved management of non -main investment projects。Non -main investment should meet the following conditions:

(1) The main business development is limited or belongs to it to be gradually exited,The non -main business of investment can play the role of the main business;

(2) personnel who can effectively undertake the main business diversion;

(3) The investment efficiency of non -main business is higher than the main business,It is conducive to state -owned capital preservation and appreciation;

(4) The government has obvious social effects or conducive to the development of the province。

Article 17 Strengthen the province of the enterprise、Management of overseas investment projects,Outer、Overseas investment projects are approved by the Provincial SASAC,Report the provincial government's investment authority in accordance with the prescribed procedures,The approval opinions from the investment management department are reported to the Provincial State -owned Assets Supervision and Administration Commission for Filter。

(1) Principles should be the main industry investment,Non -main investment should help to help enterprises achieve strategic goals;

(2) Overseas investment refers to the investment project of enterprises and their overseas enterprises or institutions abroad,With new built、Buying merger、Participate in the shares、Increase capital、Reuse。

Article 18 Approval management of financial investment in non -financial enterprises,Strictly control enterprises to engage in futures investment、Stock Investment and Entrust Finance,Moderate control of enterprises to purchase bonds and funds。

Article 19 Enterprises should strictly control the foreign investment of sub -enterprises,To make the company's third -level enterprise in principle not have investment functions。The illegal unit of an enterprise shall not invest in the outside world。

Investment direction Projects that are approved and managed,Enterprises should report to the Provincial State -owned Assets Supervision and Administration Commission in advance (generally in the feasibility study stage),Provincial State -owned Assets Supervision and Administration Commission participated in the project demonstration and feasibility study。At the board of directors (general manager office session), submit the following application for approval from the Provincial State -owned Assets Supervision and Administration Commission:

stake sports betting app(1) Application report for investment projects;

(2) Project feasibility study report or expert demonstration opinion;

(3) Recent financial reports of the enterprise;

(4) Investment agreement or investment intention;

(5) Introduction and proof of the relevant partner;

(6) Other related information.

Article 21 The main content of the Provincial SASAC's major investment project review is:

(1) Whether it meets the relevant provisions of Article 10;

(2) Whether it meets the requirements of Article 8 of the quantitative indicators:

1、Investment direction。In an enterprise investment,Whether the proportion of non -main investment in total investment is exceeded of a reasonable range,The development of the main business (generally controlled below 10 %);

2、Investment capital composition。Investment in the enterprise,Whether the proportion of its own funds accounts for total investment is within a reasonable range (generally more than 30 %);

3、Investment scale。Whether the total investment scale of the enterprise exceeds corporate financial tolerance,It is mainly whether the corporate asset -liability ratio is at a reasonable level;

4、Enterprise new projects and annual investment plans to be approved by the approved enterprise development strategy and planning,Whether the proportion of the annual investment amount is within a reasonable range。

Article 22 The Provincial SASAC accepts the application materials within 20 working days,issue approval opinions; items that do not agree to approve,The Provincial State -owned Assets Supervision and Administration Commission shall explain the reasons to the enterprise within the above -mentioned time limit。

Article 23 belongs to the project management project,Provincial State -owned Assets Supervision and Administration Commission participated in the demonstration of projects with more than 30 million yuan in projects and feasibility studies。Enterprises shall submit the following filing materials to the Provincial State -owned Assets Supervision and Administration Commission within 5 working days after the board meeting (general manager office meeting)

(1) Application Form for Investment Project Receiving (Affiliated Table 4);

(2) The Board of Directors (or the Office of General Manager) meeting resolutions;

(3) Project Overview,Project feasibility study、Expert demonstration situation description;

(4) Investment agreement or investment intention;

(5) Introduction and proof of the relevant partner;

(6) Other related information.

Article 24 After the SASAC received the filing material,Except for the prompt of existing problems,Generally no reply。If it is not restored within 20 working days, it is deemed to be filing。 

Chapter 5 Supervision and Management

 

Article 25 During the implementation of the enterprise investment project,If the following situation occurs,Should be reported in time in time:

(1) Enterprise investment cannot be used in accordance with the contract or the investment funds are not used in accordance with the contract;

(2) Those who cannot exercise shareholders' equity in accordance with regulations;

(3) Single -investment loss of an enterprise exceeds 10 million yuan (including 10 million yuan) or less than 10 million yuan, the investment loss reaches more than 30 % of the book investment;

(4) Investment amount、Source and composition for major adjustments,As a result, the corporate liabilities are too high,Beyond the corporate economic tolerance;

(5) Participate、The proportion of controlling equity has changed significantly,If the transfer of control is transferred;

(6) Investor partners seriously breach contract,For the interests of the investor。

Article 26 Enterprises should effectively strengthen investment risk management and control:

(1) The total investment scale of the enterprise shall be controlled within a reasonable liability rate;

(2) The scale of non -main business should be controlled within the reasonable scope of the enterprise development plan;

(3) It is strictly forbidden to use bank credit funds in violation of regulations.

Article 27 Investment projects should perform the reporting procedure and not reported,Enterprises must not sign a file with legal binding,You must not make actual investment,But except for the preparation of preparations。

Chapter 6 Responsibilities

 

Article 28 Incorporate the investment management of the enterprise into the content of the business performance assessment of the person in charge of the enterprise。For the violation of these Measures and the investment decision -making procedure of corporate investment, the state -owned assets suffer from major losses,Responsible for relevant personnel in accordance with regulations。

(1) Enterprise investment activities do not report to the SASAC,A conversation reminder or notifying criticism of the enterprise,If the circumstances are serious, the disciplinary punishment of relevant responsible persons。

(2) Enterprise illegally use bank credit funds to invest in securities and real estate,The State -owned Assets Supervision and Administration Commission will notify the enterprise and criticize and give the relevant responsible person discipline。

(3) The investment decision decision -making procedure and management system that has not fulfilled or did not perform correctly,Cause major asset loss,It will investigate the responsibility of the person responsible for the responsible of the enterprise in accordance with the law;,Transfer to judicial organs according to law。

Chapter 7  Attachment

 

Article 29 These measures are explained by the Provincial SASAC.

Article 30 Ben Methods will be implemented from the date of release.

Annex:L, Shaanxi Province Enterprise    Annual Investment Plan Project Form

      2, Shaanxi Provincial Enterprise    Annual investment completion report

      3, Shaanxi Provincial Enterprise  Year  quarterly project investment report

      4Application Form for the filing of major investment projects in Shaanxi Provincial Enterprises