After completing the above procedures, the transfer of state-owned assets officially entered the transfer transaction stage. Article 54 of the Law of the People's Republic of China on State-owned Assets of Chinese Enterprises stipulates that the transfer of state-owned assets shall be conducted in public in the legally established property rights exchange, except for those that can be directly transferred by agreement according to state regulations, and the transfer of listed shares shall be conducted in accordance with the provisions of the Securities Law of the People's Republic of China.
The transferor of property rights entrusts the brokerage institution to sign the entrustment contract of property rights transaction;
Generally, the following materials shall be submitted to the property rights exchange for acceptance: (1) application; (2) The business license and photocopy of the transferor and the target enterprise legal person; (3) The property right registration certificate of the state-owned assets of the transfer target enterprise; (4) State-owned assets supervision and administration institutions and other property rights transfer approval authorities agree to the approval of property rights transfer; (5) resolutions of the staff and workers' congress, resolutions of the board of directors and articles of association of the target enterprise; (6) Assets appraisal report of the transfer target enterprise, approval form of assets appraisal project or filing form of state-owned assets appraisal project; (7) the audit report of the transfer target enterprise; (8) Legal opinions issued by law firms; (9) The commitment letter that the state-owned property right does not involve the transfer to the management; (10) entrustment contract for property right transaction;
The contents of the Announcement on the Transfer of Property Rights are listed and publicized: (1) Basic information about the subject matter of the transfer of property rights; (2) trading conditions; (3) Qualifications of the transferee; (4) Important information related to the subject matter of property rights; (5) Selection of bidding mode; (6) the setting of property right transaction margin; (7) extension agreement;
Determine the transfer method: (1) auction by bidding; (2) Bidding; (3) online bidding;
Sign a property right transaction contract
"Transaction Contract of State-owned Property Rights of Enterprises" shall generally include the following contents: (1) Name and domicile of both parties to the transaction; (2) the basic situation of the state-owned property rights of the target enterprise; (3) the employee placement plan involved in the transfer of the target enterprise; (4) the disposal plan of creditor's rights and debts involved in the transfer of the target enterprise; (5) Transfer method, price and payment terms; (6) delivery of property rights; (7) Relevant tax burden; (8) Conditions for the entry into force, alteration and dissolution of the contract; (9) Liability for breach of contract and settlement of contract disputes; (10) Other contents agreed by both parties; (8) to express opinions on the public listing procedure for the transfer of state-owned property rights; (9) make a concluding comment on the transfer of state-owned property rights; I hope I can help you.