上海市企业国有资产产权登记实施办法
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沪府发[1996]68号
(Promulgated by the Shanghai Municipal People's Government on 13 December 1996 and effective as of 1 January 1997.)
颁布日期:19961213  实施日期:19970101  颁布单位:上海市人民政府

  Article 1 (Aims and basis) These Procedures were formulated1 in order to strengthen the administration of the registration2 of enterprises' property rights in State-owned assets of this Municipality, and to perfect the basic system of administration of State-owned assets, in accordance with the provisions of the Administration of the Registration of Enterprises' Title to State-owned Assets Procedures (hereafter, “the Administration Procedures”), and with the actual conditions of this Municipality.

  Article 2 (Scope of Application) This Municipality's State-owned enterprises, wholly State-owned companies, work units with the right to hold State shares, and other forms of enterprises owning State-owned capital (hereafter collectively referred to as enterprises), shall register enterprises' property rights in State-owned assets (hereafter, registration of property rights) in accordance with the provisions of the Administration Procedures and the provisions of these Procedures.

  Article 3 (Registration Organizations and Departments in Charge) Shanghai Municipal State-owned Assets Administration Office (hereafter, Municipal State Assets Office), and district-and county-level State-owned assets administration departments are the property rights registration authorities for this Municipality.

  The Municipal State Assets Office is responsible for property rights registration work in this Municipality.

  The Municipal State Assets Office may, in accordance with work requirements, commission the relevant government departments or organizations to handle registration of property rights according to the relationships regarding property rights.

  Article 4 (Scope of Administration of the Municipal State Assets Office Regarding Registration of Property Rights) The Municipal State Assets Office shall be responsible for the administration of the registration of property rights for the following enterprises:

  1. Enterprises established and approved by the Shanghai Municipal People's Government;

  2. Enterprises established with investment from organizations or departments authorized3 by the Shanghai Municipal People's Government;

  3. Commercial banks and non-banking financial institutions under the jurisdiction4 of this Municipality;

  4. Enterprises established with investment from municipal-level people's organizations; and

  5. Other enterprises which shall be registered through the Municipal State Assets Office.

  Article 5 (Scope of Administration Regarding the Registration of Property Rights of District- and County-level State Assets Administration Departments) District- and county-level State-owned assets administration departments are responsible for the administration of registration of property rights of all other enterprises except those falling within the scope stipulated5 in the provisions of Article 4 of these Procedures.

  Article 6 (Main Registration of Property Rights in Multiple Investments) Where two or more investors7 invest in State-owned assets, the enterprise shall be regarded as an enterprise established by joint8 investment. Where each party invests different amounts in State-owned capital, property rights relations, confirmation9 of the property rights registration organization and the registration of property rights shall be carried out according to the property rights relations of the investor6 who puts up the most capital. Where each party invests the same amount of capital, confirmation of the registration organization and the registration of property rights procedures shall be by agreement.

  Article 7 (Registration of Property Rights of Enterprises of this Municipality that Invest Outside the Municipality) Where an enterprise from this Municipality invests in State-owned assets in other provinces and cities or abroad, property rights registration shall be handled in this Municipality according to the property rights relations.

  Article 8 (Types of Registration of Property Rights) Enterprises shall handle registration of property rights, changes in registration of property rights or cancellation10 registration of property rights in State-owned assets in accordance with the provisions of the Administration Procedures.

  Article 9 (Information to be Submitted for Registration of Property Rights) When handling registration of property rights, enterprises shall, in accordance with the provisions of Article 7 of the Administration Procedures, submit the following documents and materials to the State-owned assets administration department:

  1. A copy of the enterprise legal person business licence or of the business licence;

  2. The enterprise articles of association;

  3. The enterprise property rights and use of State-owned assets certification and documents;

  4. The official reply documents of an enterprise's cleared assets and verified capital, and

  5. Other relevant documents and materials concerning registration of property rights.

  Article 10 (Ratification11 and Certification of Materials of Registration of Property Rights) Following official approval of an enterprise's registration of property rights, the State-owned assets administration department shall issue certification for the enterprise's registration of property rights.

  Article 11 (Materials to be Submitted for Changes to Registration of Property Rights) When handling changes to registration of property rights in accordance with the provisions of Article 8 of the Administration Procedures, enterprises shall submit the following documents and materials to the State-owned assets administration department:

  1. Written decisions on changed terms made by the enterprise's board of directors or shareholders12 general meeting etc., or the relevant approved documents on changed terms from the department in charge;

  2. A copy of the enterprise legal person business licence or of the business licence;

  3. Proof of the enterprise's original registration of property rights, and

  4. Other documents and materials relevant to changes to registration of property rights.

  Article 12 (Changes to and Issue of Certification of Registration of Property Rights) The State-owned assets administration department shall make changes to and issue enterprise property rights registration certification to enterprises that are granted approval to change registration of property rights.

  Article 13 (Materials to be Submitted for Cancellation of Registration of Property Rights) When handling the cancellation of registration of property rights, in accordance with the provisions in Article 9 of the Administration Procedures, enterprises shall submit the following documents and materials to the State-owned assets administration department:

  1. A written decision to dissolve the enterprise from the enterprise's management organization such as the board of directors or shareholders general meeting, or a written decision from the department in charge to terminate the enterprise, or a legal document from a judicial13 authority declaring the enterprise bankrupt;

  2. A checked report of the enterprise's property or documentation of the agreement to transfer property rights;

  3. A copy of the enterprise legal person business licence or of the business licence;

  4. The enterprise's original certification of registration of property rights, and

  5. Other relevant documents and materials for cancellation of registration of property rights.

  Article 14 (Taking Over of Registration of Property Rights Certification) Where an enterprise's cancellation of registration of property rights is ratified14, the State-owned assets administration department shall take over the enterprise's registration of property rights certification.

  Article 15 (Completion of Registration of Property Rights Forms) When handling registration of property rights, an enterprise shall truthfully complete the registration of property rights forms and, via the department in charge or following the addition of signed comments from the main investor, the forms shall be submitted to the State-owned assets administration department.

  Article 16 (Handling Registration of Property Rights) The State-owned assets administration department shall, within 15 days of receiving the registration of property rights forms and other relevant materials submitted by an enterprise, handle registration of property rights procedures.

  Article 17 (Supplying Information for Annual Inspection15) When handling the annual inspection of registration of property rights, in accordance with the provisions in Article 11 of the Administration Procedures, enterprises shall submit the following documents and materials to the State-owned assets administration department:

  1. The inspected enterprise year-end financial report;

  2. The enterprise's State-owned assets year-end business report;

  3. The enterprise's registration of property rights certification;

  4. A copy of the enterprise legal person business licence or of the business licence, and

  5. Other documents and materials relevant to the year-end inspection of registration of property rights.

  Article 18 (Registration Fees) A registration fee shall be paid for handling registration of property rights. Specific fee collection procedures shall be confirmed separately by the Municipal Bureau of Commodity Pricing and the Municipal Bureau of Finance.

  Article 19 (Department Responsible for Application and Interpretation16) The Municipal State Assets Office shall be responsible for the interpretation of specific questions arising from the application of these Procedures.

  Article 20 (Implementation17 Date) These Procedures shall be effective as of 1 July 1997.



点击收听单词发音收听单词发音  

1 formulated cfc86c2c7185ae3f93c4d8a44e3cea3c     
v.构想出( formulate的过去式和过去分词 );规划;确切地阐述;用公式表示
参考例句:
  • He claims that the writer never consciously formulated his own theoretical position. 他声称该作家从未有意识地阐明他自己的理论见解。 来自《简明英汉词典》
  • This idea can be formulated in two different ways. 这个意思可以有两种说法。 来自《现代汉英综合大词典》
2 registration ASKzO     
n.登记,注册,挂号
参考例句:
  • Marriage without registration is not recognized by law.法律不承认未登记的婚姻。
  • What's your registration number?你挂的是几号?
3 authorized jyLzgx     
a.委任的,许可的
参考例句:
  • An administrative order is valid if authorized by a statute.如果一个行政命令得到一个法规的认可那么这个命令就是有效的。
4 jurisdiction La8zP     
n.司法权,审判权,管辖权,控制权
参考例句:
  • It doesn't lie within my jurisdiction to set you free.我无权将你释放。
  • Changzhou is under the jurisdiction of Jiangsu Province.常州隶属江苏省。
5 stipulated 5203a115be4ee8baf068f04729d1e207     
vt.& vi.规定;约定adj.[法]合同规定的
参考例句:
  • A delivery date is stipulated in the contract. 合同中规定了交货日期。
  • Yes, I think that's what we stipulated. 对呀,我想那是我们所订定的。 来自辞典例句
6 investor aq4zNm     
n.投资者,投资人
参考例句:
  • My nephew is a cautious investor.我侄子是个小心谨慎的投资者。
  • The investor believes that his investment will pay off handsomely soon.这个投资者相信他的投资不久会有相当大的收益。
7 investors dffc64354445b947454450e472276b99     
n.投资者,出资者( investor的名词复数 )
参考例句:
  • a con man who bilked investors out of millions of dollars 诈取投资者几百万元的骗子
  • a cash bonanza for investors 投资者的赚钱机会
8 joint m3lx4     
adj.联合的,共同的;n.关节,接合处;v.连接,贴合
参考例句:
  • I had a bad fall,which put my shoulder out of joint.我重重地摔了一跤,肩膀脫臼了。
  • We wrote a letter in joint names.我们联名写了封信。
9 confirmation ZYMya     
n.证实,确认,批准
参考例句:
  • We are waiting for confirmation of the news.我们正在等待证实那个消息。
  • We need confirmation in writing before we can send your order out.给你们发送订购的货物之前,我们需要书面确认。
10 cancellation BxNzQO     
n.删除,取消
参考例句:
  • Heavy seas can cause cancellation of ferry services.海上风浪太大,可能须要取消渡轮服务。
  • Her cancellation of her trip to Paris upset our plan.她取消了巴黎之行打乱了我们的计划。
11 ratification fTUx0     
n.批准,认可
参考例句:
  • The treaty is awaiting ratification.条约正等待批准。
  • The treaty is subject to ratification.此条约经批准后才能生效。
12 shareholders 7d3b0484233cf39bc3f4e3ebf97e69fe     
n.股东( shareholder的名词复数 )
参考例句:
  • The meeting was attended by 90% of shareholders. 90%的股东出席了会议。
  • the company's fiduciary duty to its shareholders 公司对股东负有的受托责任
13 judicial c3fxD     
adj.司法的,法庭的,审判的,明断的,公正的
参考例句:
  • He is a man with a judicial mind.他是个公正的人。
  • Tom takes judicial proceedings against his father.汤姆对他的父亲正式提出诉讼。
14 ratified 307141b60a4e10c8e00fe98bc499667a     
v.批准,签认(合约等)( ratify的过去式和过去分词 )
参考例句:
  • The treaty was declared invalid because it had not been ratified. 条约没有得到批准,因此被宣布无效。
  • The treaty was ratified by all the member states. 这个条约得到了所有成员国的批准。
15 inspection y6TxG     
n.检查,审查,检阅
参考例句:
  • On random inspection the meat was found to be bad.经抽查,发现肉变质了。
  • The soldiers lined up for their daily inspection by their officers.士兵们列队接受军官的日常检阅。
16 interpretation P5jxQ     
n.解释,说明,描述;艺术处理
参考例句:
  • His statement admits of one interpretation only.他的话只有一种解释。
  • Analysis and interpretation is a very personal thing.分析与说明是个很主观的事情。
17 implementation 2awxV     
n.实施,贯彻
参考例句:
  • Implementation of the program is now well underway.这一项目的实施现在行情看好。
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