It is not illegal. my country’s Mineral Resources Law prohibits the illegal reselling of mineral rights for profit, but it does not prohibit the legal transfer of equity interests in mining companies. During the specific implementation process, some places and departments mechanically understood the legal provisions and used this as a reason to prohibit the transfer of equity interests in mining companies. This article analyzes the illegality of this restriction and recommends that relevant departments take other more legal measures to establish a good mining market order.

In some places in Sichuan and Tibet, the land and resources management departments and the industrial and commercial management departments often have an unwritten rule: shareholders (or investors) of mining companies are prohibited from transferring their mining holdings. equity in the company. What's more, this restriction on the transfer of equity is traced back to the equity of its shareholder company, that is, it prohibits changes in the equity of the shareholder company. We have not yet seen clear written expressions of this restriction in individual places, but it is clearly reflected in the circumstances and experiences of some parties involved.

In addition, in the article "Guizhou Provincial Department of Land and Resources' Notice on Regulating the Transfer of Mining Rights" No. 2006?46 of Guizhou Land and Resources Development (hereinafter referred to as "Guizhou Land and Resources Development... No. 2006?46"), We can find clues to the above restrictions on equity transfer. Article 2 of the notice, "Relevant Policy Opinions on Investigating and Handling Cases of Illegal Transfer of Exploration and Mining Rights" states:

"Identification of Illegal Transfer of Exploration and Mining Rights: Illegal transfer of Exploration and Mining Rights refers to violations of Article 6 of the "Mineral Resources Law" and Article 3 of the "Measures for the Administration of Transfer of Exploration and Mining Rights" stipulate the act of changing the subject of exploration and mining rights without authorization from the land and resources departments at the ministry and provincial levels.

The subject of exploration and mining rights refers to the units and individuals who legally enjoy the rights to possess, use, benefit from and dispose of the exploration and mining rights and bear corresponding legal obligations. Among them: the subject of exploration and mining rights refers to those specified on the "Exploration License". The exploration right holder. The mining right subject refers to the unit or individual who applies for mining rights to the land and resources department in the name of a sole proprietorship. This individual is the exploration and mining right owner. ; If you apply for mining rights to the land and resources department in the name of a partnership, all partners of the partnership are the subjects of exploration and mining rights; if you apply for mining rights to the land and resources department in the name of a limited liability company, all shareholders of the limited liability company are The subject of prospecting rights and mining rights, but listed companies regard corporate legal entities as the subjects of prospecting rights and mining rights.

Examination of whether the subject of prospecting rights and mining rights has changed, in order to apply for the prospecting rights and mining rights. Or the industrial and commercial business license submitted by the mining rights owner to the land and resources department shall prevail.”

According to the spirit of Guizhou Land and Resources Development…2006?46: The regulations deny the limited liability company’s exploration rights and mining rights. All shareholders of the limited liability company have become the subject of exploration and mining rights; it denies the legal property rights of the partnership (Article 20 of the "Partnership Law" stipulates that "partners' capital contributions, acquired in the name of the partnership Income and other property acquired in accordance with the law are the property of the partnership.") It only recognizes that listed companies are corporate entities as the subject of exploration and mining rights.

Are the above regulations and restrictions on equity transfer of mining rights companies in certain places legal? This article will discuss and analyze it from the following aspects.