深圳经济特区财产拍卖条例（修正） Regulations of Shenzhen Special Economic Zone on Auction of Properties

on is not allowed to collect a commission from a client.

　　Article 30 If an auctioneer wants to collect a commission or other charges from a purchaser, he shall notice bidders before selling by auction and list the proportion of a commission, lever, methods of the calculation and amounts of other charges.

　　If in violation of the preceding paragraph, the auctioneer is regarded as giving up the requirement of collecting the commission or other charges and not allowed to collect the commission or other charges from the purchaser.

　　Article 31 An auctioneer may draw money from the money of goods of auction or conduct the right to properties lien to the goods of auction if a client or a purchaser does not pay the commission or charges.

　　Article 32 The following acts of malice collusion shall not be conducted between bidders, bidders and an auctioneer, and bidders and clients.

　　(1) Controlling biding prices;

　　(2) Appointing prices;

　　(3) Appointing purchasers; and

　　(4) Other acts of malice collusion.

　　If in violation of the provisions of the preceding paragraph, it will be subject to a punishment imposed by the administrative agency for industry and commerce according to Article 65 of the Law of Auction of the People's Republic of China.

　　Article 33 A client shall share jus disponendi to goods of auction.

　　Article 34 A client may entrust, by himself or by his agency, an auctioneer to conduct the auction business.

　　Article 35 Properties referred in the provisions of Article 9 of these regulations shall be uniform handed in the store of public properties and subject to uniform management of the municipal and district financial agencies.

　　The Municipality formulates the managing measures of the store of public properties.

　　Article 36 Properties of handing in the store of public properties are sold by auction by an agency of auction appointed by the Municipal Government entrusted by the municipal and district financial agencies.

　　The properties referred in the first paragraph of Article 10 of these regulations are sold by auction by an

agency of auction appointed by the Municipal Government entrust uniformly by the People's Court.

　　Article 37 A unit that has sold arbitrarily properties, which is referred in Article 9 of these regulations, without the trust of the municipal and district financial agencies, is responsible for recovering the properties that have been conducted by the unit. The auctioneer shall be imposed a fine of 1 to 3 times of illegal gains collected from the auction and the illegal gains shall be confiscated by the administrative agency for industry and commerce. Where there are losses to the State or others, the auctioneer shall be responsible for the compensation.

　　Where any administrative law enforcement agency and its staff in violation of the provisions of these regulations, the administrative liabilities of the persons that bear responsibilities and the persons directly responsible shall be investigated. Where there are losses to the State, they shall be responsible for the compensation.

　　Article38 The client shall show or indicate the flaw of the goods if he knows or shall know to the auctioneer.

　　If in violation of the provisions of the preceding paragraph with a loss to the auctioneer, the client shall bear the responsibility of the compensation.

　　Article 39 A client may conform the reserved price of goods of auction. An auctioneer is not allowed to sell the goods at the price of less than the reserved price. The client and auctioneer shall keep confidentiality of the reserved price.

　　If the auctioneer leaks out the reserved price by the lowest price and open-call price or other ways, the auction is invalid. The auctioneer shall be imposed a fine of 3 times of gains from the auction by the administrative agency for industry and commerce. Where there are losses to others, the auctioneer shall be responsible for the compensation.

　　Article 40 The auction of the state-owned assets and the properties referred in Article 9 of these regulations shall conform the reserved price after evaluation according to law.

　　Article 41 A client may make an agreement on open-call price with an auctioneer. If there is no the agreement, the auctioneer may make the open-call price in accordance with the situation of the goods of auction. If the auctioneer may make the open-call price, the open-call price shall be not lower than the reserved price.

　　Article 42 A client is not allowed to join the bid.

　　Article 43 A client shall hand over the goods of auction according to the provisions of the Contract of Entrusting Auction.

　　Any client who, in violation of the preceding paragraph, causes losses to the auctioneer and purchaser shall be responsible for the compensation.

　　Article 44 A client may take the money of the goods of auction after transaction of auction.

　　If the client is unable to take the money of the preceding paragraph or has not taken the money timely, he may recover it from the auctioneer.

　　Article 45 After the transaction of auction, the client shall conduct, or assist the purchaser to handle, the procedures of transfers of right of properties of the goods of auction and alteration of certificates and licenses and pay relative taxes and charges.

　　Article 46 A bidder may join the bid or entrust his agent to do.

　　Article 47 If the goods of auction is with respect to provisions to monopoly and special business formulated by laws and administrative regulations and the Municipal Government and others limited in currency or use, a bidder shall be subject to relative qualifications or conditions.

　　Article 48 A bidder has the right to examine the goods of auction and consult relative files of auction.

　　The bidder's participation of answering the bid is regarded as having exercised the right of preceding paragraph and accepting the present situation of the goods.

　　Article 49 A bidder i

s not allowed to withdraw his answering price to the bid as soon as he answers the bid. The binding force of the answering price will be removed until another bidder raises a higher answering price.

　　Article 50 The bidder who answers the bid with the highest price gets the goods of auction.

　　Article 51 If the loss of a purchaser is caused by the fact that he is unable to get the goods of auction according to the agreement, he may ask the auctioneer for compensation.

　　If the purchaser does not take the goods of auction according to the agreement, he shall be responsible for paying the thereof storage charges.

　　Article 52 If a purchaser does not pay the money of the goods of auction according to the agreement, he shall be responsible for breaking the contract.

　　Article 53 If a purchaser refuses to pay the money of the goods of auction, the auctioneer may terminate the Confirmation of Transaction of Auction and make auction again on the said goods. The charges of selling the said goods by auction shall be bore by the said purchaser. If the money of the auction at the second time is lower than the money of the first time, the said purchaser shall make up price differences between two auctions.

　　Article 54 A client shall submit the following documents as entrusting auction:

　　(1) A client's identifications or certifications of lawful qualification, testimonial of legal representative and power of attorney of legal person;

　　(2) Certificates of ownership of the goods of auction and jus.

　　(3) Materials of the goods of auction.

　　Article 55 The following documents shall be submitted when auction of trust is raised according to the provisions of Article 29 of these regulations:

　　(1) Instruments of law that has been taken effect;

　　(2) Materials of the goods of auction.

　　Article 56 An auctioneer shall examine the documents handed over by the client; if they meet the conditions of auction, the auctioneer shall sign the Contract of Entrusting Auction with the client.

　　Article 57 The Contract of Entrusting Auction shall include the following content:

　　(1) Names and addresses of the client and auctioneer;

　　(2) Names of the goods of auction, quantities (area), specifications, quality, address of storage (located place), degree of depreciation (the service life), usage and situation of occupation;

　　(3) Ways of auction;

　　(4) Reserved prices of the goods of auction;

　　(5) Commissions and other charges and the ways of their payments;

　　(6) The way of payment of the goods of auction and the deadline;

　　(7) Deadline of auction;

　　(8) Time, way and responsibility of storage of handing the goods of auction over;

　　(9) Conditions of stopping and ending progress of auction;

　　(10) Responsibilities of breaking contract and solving measures of dispute;

　　(11) Expiration of contract; and

　　(12) Other items needing to agree on.

　　Article 58 An auctioneer may, after the client's permission, send the goods of auction to the relative agency to appraise, examine, as he considers as necessary. The relevant charges are bore by the client.

　　If the appraisal and examining conclusion of preceding paragraph is not consistent with the Contract of Entrusting Auction, the auctioneer may ask for altering or removing the contract.

　　Article 59 If a client requires the auctioneer to keep his name as a secret when the auctioneer accepts his trust, the aucti

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