广东省资产评估管理条例（Regulations of Guangdong Province on asset appraisal management）

1、广东省资产评估管理条例（Regulations of Guangdong Province on asset appraisal management）Standing Committee of the peoples Congress of Guangdong province (promulgated by units)19980110 (time of promulgation)19980110 (time of implementation)Announcement No. 188th (standing name) of Guangdong Provincial Peoples Co

2、ngressRegulations of Guangdong Province on asset appraisal managementAdopted by the thirty-second meeting of the Standing Committee of the Eighth Peoples Congress of the Guangdong on December 1, 1997, it is hereby promulgated and shall come into force as of the date of promulgation.Chapter I General

3、 ProvisionsThe second chapter management responsibilitiesThe third chapter is the registration appraiser and the asset appraisal institutionThe fourth chapter, asset evaluationThe fifth chapter, legal responsibilityThe sixth chapter is the supplementary provisionsChapter I General ProvisionsArticle

4、1 in order to adapt to the development of socialist market economy, regulate the behavior of asset valuation, strengthen the management of the asset appraisal industry, the maintenance of asset owners and operators, users and other legitimate rights and interests of the parties, in accordance with t

5、he relevant laws and regulations, the enactment of this ordinance.The second asset assessment is the assessment and estimation of the value of assets by a legally qualified asset evaluation institution and its professionals.Article third these Regulations shall apply to the asset appraisal activitie

6、s within the administrative area of this province. Where there are other provisions in laws or regulations, such provisions shall prevail.Article fourth the provincial peoples Government authorizes the administrative department in charge of the administration of asset appraisal industry to be under

7、unified administration (hereinafter referred to as the administrative department for asset appraisal) to be responsible for the implementation and supervision of these regulations.The second chapter management responsibilitiesArticle fifth the administrative department in charge of asset appraisal o

8、f the province shall perform the following functions:(1) to formulate an asset appraisal management system, practice standards and operation procedures, and organize the implementation of them;(two) jointly promulgated the professional and technical standards for asset appraisal with the competent d

9、epartments concerned;(three) responsible for the management and supervision of the asset appraisal institution;(four) administrative penalties shall be imposed according to law in violation of the law;(five) investigate and deal with disputes over asset appraisal;(six) to guide the Guangdong Asset E

10、valuation Association to carry out its work;(seven) other functions of asset appraisal management given by the provincial government.Article sixth the relevant competent departments of the peoples Government of the province shall perform the following functions on the asset appraisal management:(1)

11、to formulate relevant professional technical standards for asset appraisal;(two) responsible for the training of technical standards;(three) supervise and inspect the implementation of professional technical standards by the asset appraisal institution and the registered appraiser, and impose admini

12、strative penalties on the administrative departments in charge of asset appraisal that are recommended by the asset appraisal institutions;(four) in accordance with the provisions of the personnel administration department of the state, shall be responsible for the examination and registration of th

13、e qualification of the certified appraisers;(five) to be responsible for the organization of asset appraisal according to the subordinate relationship, including asset evaluation, project approval, assessment of the evaluation process, and evaluation results.Seventh administrative departments of the

14、 assets assessment of the municipal and County Peoples governments and the competent departments concerned shall, in accordance with their functions and powers, carry out the management and supervision of the asset appraisal within their respective administrative areas.The eighth administrative depa

15、rtments in charge of asset appraisal and the competent departments of various trades and their staff shall not directly engage in the asset appraisal business, and may not limit the assets appraisal business by their functions and powers, and shall be undertaken by the evaluation institutions design

16、ated by them.The third chapter is the registration appraiser and the asset appraisal institutionThe ninth registration appraiser is a professional personnel who has obtained the qualification certificate issued by the national personnel administration department and has been registered and engaged i

17、n the asset appraisal business by the national unified examination.Registered appraisers include:(I) certified asset appraiser;(two) certified real estate valuer;(three) other series of practising appraisers recognized by the state.Tenth registration appraisers shall be declared by the asset apprais

18、al institution to the administrative department in charge of asset appraisal for the record.The eleventh registered appraisers shall have the right of signing only in an evaluation institution, full-time practice and the evaluation business undertaken by the institution. A registered appraiser under

19、takes the business and is uniformly accepted by the asset appraisal institution where it is located.Twelfth registered appraisers shall not perform the following acts:(1) buying and selling the stocks and bonds of the entrusted evaluation units during the period of performing the evaluation business

20、, and purchasing the assets entrusted to the evaluation units or individuals;(two) obtaining, accepting or accepting other fees or other property as stipulated in the entrustment contract, or taking advantage of the business to seek other unfair benefits;(three) leakage of trade secrets which are kn

21、own in the operation of the business;(four) allowing others to perform business in my name;(five) other acts that violate the laws and regulations.The thirteenth asset appraisal institution is an intermediary service institution which undertakes the asset appraisal business according to law and has

22、the independent legal person qualification.Article fourteenth the establishment of asset assessment institutions should have the following basic requirements:(1) having more than 3 Registered appraisers in the same series;(two) having its own name, place of operation and articles of Association;(thr

23、ee) not less than 100 thousand yuan of registered capital;(four) equipped with a certain number of professional and technical personnel;(five) other conditions stipulated by laws and regulations.Fifteenth asset evaluation agencies set up asset assessment must be approved by the provincial administra

24、tive departments of the audit qualification and obtain the asset appraisal qualification certificate printed by the relevant departments of the state, to the local administration for Industry and commerce registration registration license, be open.The asset appraisal institution shall engage in the

25、asset appraisal business within the approved scope of practice.The sixteenth asset appraisal institutions shall not conduct any of the following:(1) acts listed in Articles 1 (1) to (three) (twelfth);(two) damaging the professional reputation of the profession by unfair means;(three) contract busine

26、ss with unfair means such as lower prices and kickbacks;(four) raise the standard of fees without authorization;(five) intentionally raising or lowering the valuation, damaging the interests of the trustor and other interested parties;(six) other acts that violate the laws and regulations.Seventeent

27、h asset evaluation institutions to carry out business asset evaluation, the implementation of paid services, the implementation of a unified fee standards approved by the price department, and accept the price, finance, auditing, assets evaluation by the administrative departments of supervision.Eig

28、hteenth administrative departments of asset appraisal shall carry out annual inspection system for asset appraisal institutions.Nineteenth Guangdong province asset evaluation association is the province of the asset appraisal industry self-discipline organization, responsible for industry self-regul

29、ation, guidance and supervision of asset appraisal institutions and certified appraiser executive industry standards and the occupation ethics, law and safeguarding the rights and interests of asset appraisal institutions and certified appraisers. The asset appraisal institution and the registration

30、 appraiser may voluntarily join the association and become a member or individual member of the association.The fourth chapter, asset evaluationArticle twentieth of the following circumstances, involving national and collective public rights and interests, should be in accordance with the provisions

31、 of these Regulations for asset assessment:(I) auction and transfer of assets;(two) enterprise merger, sale, joint venture, foreign investment in physical assets, transfer of rights and interests;(three) the establishment of Sino foreign joint ventures and cooperative ventures;(four) the formation o

32、f limited liability companies, Limited by Share Ltd and other reorganization involving property rights change;(five) enterprise liquidation;(six) the State shall pay tax on enterprises, units and individuals whose taxable value is determined by the state;(seven) other circumstances required by laws

33、and regulations to carry out asset appraisal.If the above circumstances do not involve state or collective public rights and interests, or in other circumstances, the parties may, in the opinion of the parties concerned, conduct the asset appraisal in accordance with these regulations.The twenty-fir

34、st assets assessed include fixed assets, liquid assets, intangible assets, resource assets, and other assets.Article twenty-second in accordance with the provisions of the provisions of article twentieth shall carry out asset assessment, asset holders shall get the consent of property owners or its

35、legal representative written consent to entrust an asset evaluation institution asset evaluation.The twenty-third principal and asset evaluation agencies legally qualified asset evaluation signed entrustment agreement (contract), a clear assessment of the type of the object, scope, evaluation, asses

36、sment objectives and requirements, the rights and obligations of both parties, the assessment work period, fees and payment, the liability for breach of contract etc.Twenty-fourth of assets the client shall be commissioned to assess the comprehensive inventory, then the corresponding list and catalo

37、g,Provide complete information and necessary assistance, and make preliminary preparations for asset evaluation.Twenty-fifth asset evaluation institutions should be based on the clients asset inventory, directory, commissioned to assess the assets inventory, survey, verification of the assets and th

38、e related creditors rights and liabilities and operating results, and more detailed and comprehensive record of work process and content.Twenty-sixth asset evaluation institutions should be assessed according to the purpose and requirements of the asset valuation method is confirmed, according to th

39、e relevant laws and regulations and asset status, independent, objective and fair assessment of the value of assets in the valuation date, and timely to the client assets assessment report submitted.The report of the twenty-seventh asset appraisal results shall be signed by the legal representative

40、of the asset appraisal institution and the registration appraiser at the same time, and shall be valid only after the official seal of the appraisal institution is affixed. The asset appraisal institution and the registration appraiser bear legal responsibility for the objectivity, truthfulness and

41、impartiality of the report on the results of the asset appraisal issued.Article twenty-eighth assets assessment according to the provisions of these twentieth regulations concerning the rights and interests of the state, according to the following procedures for asset appraisal results confirmed:(a)

42、 to enter the accounting scope of enterprises, units of asset assessment by the government at the same level, state-owned assets administrative department for confirmation, which need professional accreditation, by the state-owned assets administrative department with the relevant departments in cha

43、rge of industry after the audit confirmation;(two) the resources assets that have not been entered into the enterprise accounting shall be confirmed by the competent department of the relevant resources industry in accordance with the relevant provisions of the state;(three) the asset evaluation res

44、ult of the tax base determined by the evaluation value shall be confirmed by the finance and taxation department.If the principal or the evaluation institution disagrees with the confirmation, it may apply for reconsideration in accordance with the regulations on administrative reconsideration.Artic

45、le twenty-ninth the administrative organ of the state disagrees with the assessment result report issued by an evaluation institution, and may submit a review with the administrative department in charge of asset appraisal. Without review, shall not be denied.The results of the thirtieth asset evalu

46、ation are the main reference basis for investment, discount, transfer of assets and equity value, and tax payment. The assets assessment report confirmed that the approval of transactions of property rights, property rights, contract approval, change behavior for industrial and commercial registrati

47、on, examination and approval system of company establishment, dealing with property disputes, effective file assets mortgage, guarantee, leasing, acquisition, insurance and other matters.The results of the thirty-first asset evaluation shall be valid within one year from the date of evaluation. Exce

48、pt as otherwise provided for by laws or regulations.Article thirty-second the establishment of Sino foreign equity joint ventures and Sino foreign contractual joint ventures shall be completed before the signing of a joint venture (cooperation) contract. The evaluation of the foreign assets shall be

49、 handled in accordance with the relevant regulations of the state.The assets evaluation of the thirty-third listed companies and the issuance of listed shares shall be undertaken by the asset appraisal institution with the qualification to engage in securities business evaluation.Article thirty-four

50、th the client entrusts the appraisal institution of the assets outside the Peoples Republic of China, and shall be submitted for approval in accordance with the relevant regulations of the state.The fifth chapter, legal responsibilityThirty-fifth certified appraiser in violation of the provisions st

51、ipulated in article twelfth or in asset evaluation of favoritism, dereliction of duty, to asset owners and other interested party losses, administrative departments and relevant departments according to the seriousness of the assets evaluation, single or impose the following penalties:(a) warning;(t

52、wo) suspension of practice;(three) the license issuing institution shall be suspended from its practice qualification and may not re test within five years.If a crime is constituted, criminal liability shall be investigated in accordance with the law.Thirty-sixth asset evaluation agencies in violati

53、on of the provisions stipulated in article sixteenth or in the assessment of favoritism, neglect their duties, the competent administrative department according to the seriousness of the assets evaluation, single or impose the following penalties:(a) warning;(two) winding up;(three) revoking the qua

54、lification certificate of asset appraisal.The asset appraisal institution shall be liable for damages due to the loss of property owners and other interested parties due to the serious misrepresentation of the results of the asset appraisal.If a crime is constituted, criminal liability shall be inve

55、stigated in accordance with the law.Units or individuals thirty-seventh asset evaluation agencies to free its owner, commissioned by the relevant departments or outside the government to provide assessment report, asset owners and other interested party losses, shall bear the liability for compensat

56、ion. If a crime is constituted, criminal liability shall be investigated in accordance with the law.Thirty-eighth of the assets assessment institution without the qualification to engage in the business of assets appraisal, the competent administrative department in conjunction with the administrative department of industry and Commerce of the check and correct the assets evaluation, shall be ordered to stop the illegal activities, confiscate the illegal income, and impos