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State-owned Assets Supervision and Administration Commission of the State Council issues and issues "Interim Provisions on Registration of State-owned Rights and Interests in Limited Partnerships"
Time: 2020-02-08 00:00 Source: Baotou Municipal People's Government State-owned Assets Supervision and Administration Commission Hits: 51

Guozifa Property Rights Regulation [2020] No. 2

Notice regarding the issuance of the "Interim Provisions on the Registration of State-Owned Equities of Limited Partnership Enterprises"

All central enterprises, provinces, autonomous regions, municipalities directly under the Central Government, cities with separate plans, and the SASAC of the Xinjiang Production and Construction Corps:

The "Interim Provisions on the Registration of State-Owned Rights and Interests of Limited Partnership Enterprises" has been reviewed and approved by the 20th SASAC Committee Meeting, and is now issued to you. Please follow them.

SASAC

January 3, 2020


Interim Provisions on the Registration of State-Owned Equity of Limited Partnership Enterprises

Article 1 In order to strengthen the management of state-owned equity registration of limited partnership enterprises, and reflect the state of state-owned equity of limited partnership enterprises in a timely, accurate and comprehensive manner, in accordance with the Law of the State-owned Assets of the People's Republic of China The Provisional Regulations (Decree of the State Council No. 378) and other relevant laws and regulations make these regulations.

Article 2 The registration of state-owned rights and interests of a limited partnership enterprise as mentioned in these Provisions refers to the state-owned assets supervision and administration institution that has the actual control over the state-funded enterprises (excluding state-owned capital joint-stock companies, the same below) authorized by the people's government at this level to perform the responsibilities of investors. The sub-enterprise at all levels of power (hereinafter collectively referred to as the funded enterprise) to register the rights and interests formed by the capital contribution of the limited partnership and their distribution.

The actual control right mentioned in the preceding paragraph means that the state-owned enterprises directly or indirectly hold more than 50% of the shares, or although the share does not exceed 50%, they are the largest shareholders, and through shareholders ’agreements, articles of association Situations where board resolutions or other agreement arrangements can actually control corporate behavior.

Article 3 The registration of state-owned equity of a limited partnership enterprise is divided into possession registration, change registration and cancellation registration.

Article 4 Where a funded enterprise obtains the share of the property of a limited partnership enterprise for the first time by means of capital contribution, transfer, etc., it shall go through registration of possession.

Article 5 The registration of possession includes the following:

(1) The name of the enterprise;

(2) Date of establishment, duration of partnership (if any), and main place of business;

(3) Executive partner;

(4) Business scope;

(5) The amount of subscribed capital and the amount actually paid;

(6) Partner's name, type, category, method of capital contribution, amount of capital subscribed, proportion of capital subscribed, actual amount of capital contributed, and time limit for payment;

(7) Foreign investment (if any), including the name of the investment target, unified credit code, industry, investment amount, investment ratio, etc .;

(8) Partnership agreement;

(9) Other contents to be registered.

Article 6 In one of the following circumstances , a limited partnership enterprise shall go through the change registration:

(1) The name of the enterprise is changed;

(2) The main business place is changed;

(3) The executive partner has changed;

(4) The business scope is changed;

(5) The amount of subscribed capital has changed;

(6) The name, type, category, method of capital contribution, amount of subscribed capital contribution, and proportion of subscribed capital contribution changed by the partner;

(7) Other circumstances that should be subject to change registration.

Article 7 A limited partnership enterprise shall go through the cancellation registration in any of the following situations:

(1) Dissolution, liquidation and cancellation;

(2) The limited partnership enterprise no longer meets the registration requirements of Article 2 due to the transfer of the property share of the funded enterprise, the withdrawal of the partnership or the change in the nature of the funded enterprise, etc.

Article 8 The funded enterprise is responsible for filling in the relevant information on the equity formed by the capital contribution of the limited partnership enterprise, and submits it to the state funded enterprise level by level according to the funded relationship; the state funded enterprise completes the registration after reviewing and confirming the relevant information and submits it to the state-owned assets supervision Management agencies submit relevant information. A limited partnership enterprise jointly funded by multiple funded enterprises shall be registered separately by each funded enterprise.

Article 9 The registration of the state-owned equity of a limited partnership enterprise shall be handled within 30 working days after the occurrence of relevant circumstances. The funded enterprise shall update the actual paid-in capital contribution and foreign investment information of the limited partnership enterprise invested in the previous year before January 31 of each year.

Article 10 State-funded enterprises shall establish a work flow for the registration of state-owned rights and interests of limited partnership enterprises, implement registration management responsibilities, and do a good job in file management and registration data collection.

Article 11 The state-owned assets supervision and administration institution shall regularly check the registration of the state-owned rights and interests of the limited partnership enterprise, and if it is found that the enterprise fails to register in accordance with these regulations or the registration information is seriously inconsistent with the actual situation, it shall be ordered to make corrections.

Article 12 Each local state-owned assets supervision and administration institution may formulate specific regulations in its area in accordance with these regulations.

Article 13 These regulations shall take effect as of the date of issuance.