China News Service, January 21. In order to further strengthen the management of overseas state-owned property rights of central enterprises and prevent the loss of overseas state-owned assets, the State-owned Assets Supervision and Administration Commission of the State Council issued the "Notice on Further Strengthening the Management of Overseas State-owned Property Rights of Central Enterprises" on its official website on the 21st. Referred to as notice).
The notice stated that central enterprises must earnestly perform the main responsibilities of overseas state-owned property rights management, and include the actual controlled enterprises into the scope of management; to implement job responsibilities, overseas property rights management should set up special posts to ensure that management requirements are implemented.
The notification requirements are as follows:
1. The central enterprises must earnestly perform their main responsibilities for the management of overseas state-owned property rights and include the actual control enterprises in the scope of management.
To implement job responsibilities, special posts should be set up for overseas property rights management to ensure that management requirements are in place.
The central enterprises should base themselves on the actual situation of the enterprise and continuously improve the relevant system. Those qualified should combine the local laws, regulatory requirements and their own business to establish sub-regional, sub-sector and other overseas property rights management practices and detailed procedures, and improve the focus of overseas state-owned property rights management. Sex and effectiveness.
2. To strictly manage overseas property rights registration, central enterprises should apply for property rights registration through the SASAC Property Rights Management Comprehensive Information System (hereinafter referred to as the Comprehensive Information System) level by level to ensure timely, complete and accurate control of overseas property rights.
3. Central enterprises should strengthen the management of foreign state-owned property rights and special-purpose companies held by individuals on their behalf, and continue dynamic management and control.
Strictly control the holding of foreign state-owned property rights by new individuals, and if it is really necessary to add new ones, they shall be approved by the central enterprises and reported to the SASAC for record.
For individuals holding overseas state-owned property rights, various measures must be taken to protect property rights, and timely adjustments and regulations should be made in accordance with changes in the laws and investment environment where the company is located.
For special-purpose companies, it is necessary to demonstrate the necessity of survival one by one, and timely write off enterprises that are no longer necessary for survival in accordance with laws and regulations.
If there are real difficulties, the disposal plan shall be clarified and a special explanation shall be made in the annual report on the status of overseas property rights management.
4. Central enterprises should strengthen the decision-making and argumentation management of overseas state-owned assets transactions, overseas transfer of state-owned property rights (assets), and enterprises introducing external investors to increase capital must compare as many parties as possible.
If the conditions are met, interested parties should be publicly solicited and bid for transactions.
Where a central enterprise implements reorganization and integration within its own enterprise, and the state-owned property rights of overseas enterprises are transferred between state-owned wholly-owned enterprises, they can follow the relevant regulations on the management of free transfer of state-owned property rights in China, and in accordance with local laws and regulations, adopt zero consideration, 1 yuan (or 1 yuan). Unit related currency) transfer.
5. Central enterprises shall strengthen the management of overseas asset evaluation, regulate the selection and employment of intermediary agencies, and select domestic evaluation agencies in accordance with the law where conditions permit.
Central enterprises should carefully select evaluation (valuation) agencies and evaluate the effects of use. Among them, honest and trustworthy, high-qualified, professional and efficient, can be recommended to other central enterprises for reference through the integrated information system, and strengthen the evaluation and sharing of intermediary agencies .
6. The central enterprise implements reorganization and integration within the enterprise, and transfers the foreign state-owned property rights held by the central enterprise holding company and its directly or indirectly wholly-owned subsidiary companies or between the directly or indirectly wholly-owned subsidiary companies of the central enterprise holding company. After performing the decision-making procedures provided by laws, regulations, and articles of association, the price can be determined based on the net asset value confirmed in the assessment (valuation) report or the most recent audit report.
Cancellation of special purpose companies that are no longer necessary for survival, dormant companies that have no actual operations or personnel, or mergers between overseas companies and their wholly-owned subsidiaries and wholly-owned subsidiaries, and the central enterprise has proven that it will not cause the loss of state-owned assets, After performing the decision-making procedures in accordance with laws, regulations, and the company's articles of association, evaluation (valuation) may not be performed.
7. Central SOEs should strengthen the supervision and inspection of overseas property rights management, and organically integrate various types of supervision and inspection work such as internal auditing, disciplinary inspection and supervision, inspections, law, and finance to achieve full coverage of overseas inspections.
Special analysis is conducted annually on the status of overseas property rights management, including but not limited to the main distribution areas of overseas property rights, asset scale, business operations, corporate governance, the overall situation and standardization of overseas state-owned property rights and special purpose companies held by individuals in the previous year, and overseas state-owned companies Asset appraisal (valuation) and circulation, supervision and inspection of overseas property rights, etc.
Central enterprises shall promptly request instructions or report to the SASAC on important situations and major issues arising in the management of overseas property rights.
8. If the operating and managerial personnel of central enterprises and subsidiaries at all levels violate the provisions of the overseas state-owned property rights management system and other regulations, fail to perform or perform their duties correctly, and cause loss of state-owned assets or other serious adverse consequences, they shall be implemented in accordance with the "Central Enterprises’ Illegal Operation and Investment Liability Measures (for Trial Implementation) (State-owned Assets Supervision and Administration Commission Order No. 37) and other relevant regulations, strictly hold the responsible persons accountable, and hold life-long accountability for major decisions; questions and clues suspected of violating discipline and law shall be transferred to relevant departments for investigation and punishment.
9. All local state-owned assets supervision and management agencies may refer to this notice and, in light of actual conditions, formulate operational rules for the management of overseas state-owned property rights.