深圳市国有集体企业产权交易办法 Measures of Shenzhen Municipality on Transaction of Titles of State-owned and Collec

arties considered necessary to be agreed upon.

　　Article 28 Any title transaction shall not damage the rights and interests of other creditors. In the case that the creditor‘s rights and debts of the transferor are to be transferred with the title， such matters shall be agreed upon by the parties to the contract of title transaction.

　　Article 29 After conclusion of the transaction， the parties to the transaction shall present full copy of materials of information related to the title transaction and the contract of title transaction for authentication by the title transaction institution.

　　Article 30 After receiving full copy of required materials and contract of title transaction， the title transaction institution shall go through and authenticate the authenticity of the following matters：

　　（1） Qualification of the transferor and transferee of the title transaction；

　　（2） Information concerning the title transaction and its relevancy with the transferor；

　　（3） Price for transaction；

　　（4） Procedures for transaction； and

　　（5） Essential contract clauses and conditions for transaction.

　　Article 31 The parties to the title transaction shall handle relevant modification procedures before the authorities in charge of state-owned assets， taxation， foreign trade and economy cooperation， industry and commerce， bank， land， labor， social safeguard， public security and public utility with presentation of contract of title transaction which authenticated by the title transaction institution. The relevant authorities shall deal with and finish the procedures within stipulated time limit.

　　Article 32 The following titles shall not be transferred：

　　（1） Unidentified or disputed titles；

　　（2） Mortgaged titles which having not been approved to be transferred by the mortgagee；

　　（3） Titles having been preserved in litigation or compulsory enforced which having not been approved by the competent people‘s court to be transferred；

　　（4） Titles that are prohibited to be transferred by laws， regulations and government； and

　　（5） Under other circumstances that t

itles having been restricted of right of disposing.

　　Article 33 In case the transaction of title involves national safety， national defense， sophisticated technique and national secret， the title shall be transferred in accordance with relevant state rules.

　　Article 34 The title transaction shall be suspended if it falls into the following circumstances：

　　（1） Any third party lodges an objection against the title to be transferred during the transaction， and the dispute has not yet been ruled；

　　（2） The transactions can not be carried on due to irresistible force；

　　（3） Other circumstances that the transaction shall be suspended according to law.

　　Article 35 The title transaction shall be terminated in case it falls into the following circumstances：

　　（1） Where new situation comes forth， the state-owned assets administrative authority affirms that the transferor has no right to transfer the title and issues written notice of termination of transaction；

　　（2） The title lost naturally due to irresistible force； and

　　（3） Other circumstances that the transaction shall be terminated according to law.

　　Article 36 The title transaction institution shall establish file database for registration of transaction of titles and formulate rules for preservation and inquiry of the database.

　　Chapter V Legal Responsibilities

　　Article 37 In case the parties to the title transaction fail to handle the transaction of title of state-owned and collective in public as stipulated， the title transaction institution shall report to relevant authority， which shall investigate and fix administrative liability upon relevant unit or person liable and shall turn over them to the judicial authorities if their acts constitute a crime.

　　Article 38 Where the parties to the transaction submit certification documents involving false， gross mistake or seriously mislead contents， which results in detriment to others， they shall be liable for compensation.

　　Article 39 In case the parties to the transaction commit the following acts， the title transaction institution shall report to relevant authority， which shall investigate and fix administrative liability upon relevant unit or person liable and shall turn over them to the judicial authorities if their acts constitute a crime：

　　（1） The transferor transferring title of state-owned and collective without authorization， which results in loss of state-owned assets；

　　（2） The parties to the transaction of title collaborating maliciously and stooping to deception， which results in detriment to interests of the state， collective and others；

　　（3） Depressing or excessively bidding up transaction price or improve conditions for transaction intentionally， which seriously hampers the transaction of title；

　　（4） Violating rules for title transaction；

　　（5） Other acts as prohibited by laws and regulations.

　　Article 40 In case any authentication personnel colludes with the parties involving in the title transaction， which results in detriment to benefits of the state， collective and any third party， they shall bear civil liability or be prosecuted for criminal liability in case they commit a crime.

　　Article 41 In case the title transaction institution stoops to deception and abuses power for personal gain， which results in detriment to legal rights and interests of the parties to the transaction， it shall be punished by warning， fine， shutout respectively according to the circumstances of violation by relevant governmental authority.

　　Article 42 In case the state-owned assets administrative authority carries out examine and approve procedure against rules， the persons directly liable shall be investigated for liabilities.

　　Article 43 In case relevant governmental authority illegally handles or refuses to handle title alteration proce

dure， the persons directly liable shall be investigated for liabilities.

　　Article 44 In case any agencies such as finance advisor institution， accountants firm， law office and assets assessment institution， when handling and providing statement， report and certificate which required by title transaction institution， collaborates with parties to the transaction and issues false documents， they shall be punished by relevant authority with assistance of the title transaction institution according to the law； while they shall be liable for compensation in case incurs detriment to others； in case their acts constitute a crime， they shall be prosecuted for criminal liability.

　　Chapter VI Supplementary Provisions

　　Article 45 Title transaction institution may collect a certain amount of fees when handling transaction of titles. The charging standard shall be checked and ratified by municipal administrative authority for prices in the presence of municipal state-owned assets administrative authority.

　　Article 46 These measures shall take effect as of April 1， 2003

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