|
Welcome Guest
|
|
You are using Guest Account
|
|
||||||||||||||||||||||||||||||||||
|
Article 1. The present Provisions are hereby formulated in accordance with the "Measures for Assets and Capital Verification of State-owned Enterprises" and the relevant policies of the state on assets and capital verification, for the purpose of regulating the assets and capital verification of the state-owned enterprises and the state-owned share holding enterprises (hereinafter referred to the enterprises), urging the settlement of problems left behind in history, and truly reflecting the assets quality and financial status of the enterprises. Article 2. "Verification of capital" means that the organs of state-owned assets supervision and administration, on the basis of the results of assets and capital verification reported by the enterprises, such as assets gains and losses, and capital, etc, and in accordance with the policies of the state on assets and capital verification and the relevant financial and accounting systems, organize examination and approve the financial treatment, and re-verify the amounts of state-owned capital actually possessed by the enterprises. Article 3. An enterprise shall, when carrying out the assets and capital verification, in accordance with the relevant provisions of the Measures for Assets and Capital Verification of State-owned Enterprises, carefully organize all kinds of basic work for checking its accounts and properties, and reflect the assets quality and financial status of the enterprise truly, completely and thoroughly. It shall make sure that the accounts are in conformity with each other, and in accordance with the facts, so as to ensure the truthfulness, reliability and completeness of the results of the assets and capital verification. No falsification is permitted, so as to avoid the losses of the state-owned assets and capital. Article 4. A special financial auditing shall be made on the result of the assets and capital verification of an enterprise by the public intermediary agencies prescribed. For the asset gains and losses, and capital that are cleaned up, the certification documents that have the legal effect shall be provided, such as the relevant lawful evidences or the economic appraisal certification by the public intermediary agencies. The public intermediary agencies making the special financial auditing on the assets and capital verification of the enterprise and issuing the economic appraisal certification shall, according to the relevant provisions of the "Independent Auditing Standards", etc., make objective and fair auditing and economic appraisal on the results of assets and capital verification, such as the various assets gains and losses, and capital that are cleaned up, and shall be liable for the truthfulness and reliability of the auditing result and the economic appraisal certification. Article 5. The determination and handling of the various asset gains and losses, and capital etc. that are cleaned up by the enterprises shall be reported to the organs of state-owned assets supervision and administration for approval by the assets and capital verification enterprises according to the principle of accurate facts, adequate evidence, and rule-compliance procedures, and the working procedures and requirements prescribed in the Measures for Assets and Capital Verification of Enterprises. The accounts shall be adjusted on the basis of the result of the official and written reply on assets verification. Article 6. The enterprises shall, in light of the requirements of the provisions, submit the following documents to the organs of state-owned assets supervision and administration for the verification of capital under the assets and capital verification: (1) The report on the assets and capital verification, which mainly includes: the starting date, scope, contents, and results of the assets and capital verification, and the financial status of that enterprise on the starting date, as well as the relevant handling opinions; (2) The statements of assets and capital verification of the enterprise, which include: the form for the basic information of the enterprise at the starting date, and the list of all kinds of asset losses, etc.; (3) The special financial auditing report made by the public intermediary agencies; (4) The specification on the relevant opinions concerning the assets gains and losses, and capital for verification and handling by the enterprises, and the list of various asset losses shall indicate clearly case by case the date of occurrence, reasons for losses, policy basis, and ways of handling, as well as the all completion of the original documents of voucher and the certification documents with legal force. All these shall be filed into volumes; (5) The documents concerning the assets gains and losses, and capital prepared for future reference, mainly include the original documents of voucher on assets and capital verification of the enterprises and the certification documents with legal effect (the photocopy may be used). As the documents of assets and capital verification of the enterprises prepared for future reference, and kept in the archives, they shall be classified and compiled into volumes, and the table of contents shall be made for future reference; and (6) Other documents required. Article 7. The following procedures shall be followed in the verification of capital under the assets and capital verification of the enterprises: (1) The enterprises shall, on the basis of checking the accounts and property, etc., and by virtue of the rule-compliance evidences or economic appraisal certification of the special financial auditing on the assets and capital verification and the relevant asset losses thereof proposed by the public intermediary agencies, put forward opinions for handling the various assets gains and losses, and capital that have been cleaned up item by item, according to the policies of the state on assets and capital verification and the relevant financial and accounting systems, and make the statements of assets and capital verification, as well as the report on assets and capital verification; (2) The enterprises shall submit to the organs of state-owned assets supervision and administration the report on assets and capital verification of the enterprises, the statements of assets and capital verification, the special financial auditing report by the public intermediary agencies, and shall attach the relevant documents such as the legal evidences, economic appraisal certification, etc.; (3) The organs of state-owned assets supervision and administration shall, within the prescribed time limit for working, make examination and verification on the report on assets and capital verification of the enterprises, the statements of assets and capital verification, the special financial auditing report by the public intermediary agencies and the relevant documents thereof, and make an official and written reply on the results of the verification of capital; and (4) The enterprises shall, according to the relevant documents of the official and written reply on the verification of capital by the organs of state-owned supervision and administration, and the relevant provisions of the state on the financial and accounting systems, as well as the relevant provisions, handle the relevant registration on the alteration of the property rights and the alteration of the industry and commerce. Article 8. In case the balance of the assets gains cleaned up by the enterprises in assets and capital verification and the asset losses are larger than the asset losses, the rights and interests of the owners of the enterprises shall be added to accordingly upon examination and approval of the organs of state-owned assets supervision and administration in accordance with the provisions of the "Circular on Further Implementing the Relevant Policies on Assets and Capital Verification of the General Office of the State Council" (No. 15[1994] of the Ministry of Finance, hereinafter referred to Document No. 15) distributed jointly by the six departments including the Ministry of Finance, etc.. Article 9. According to the provisions of the "Circular of the General Office of the State Council on Relevant Policies concerning Enlarging the Experimental Work for Assets and Capital Verification" (No. 29 [1993] of the State Council) and Document No. 15 of the Ministry of Finance, where the amount of various asset losses and capital cleaned up in the assets and capital verification is smaller, and can be offset by the enterprises themselves, it may, according to the provisions of the state on relevant financial and accounting systems, be handled by reckoning in the profits and losses on a year by year basis after being approved by the organs of state-owned assets supervision and administration upon soliciting the opinions of the departments of finance. Where the amount of various asset losses and capital of the enterprises cleaned up is larger, and can not be offset by the enterprises themselves, the rights and interests of the owners of the enterprises may be offset accordingly, after being examined and approved by the organs of state-owned assets supervision and administration. Article 10. The various asset losses and capital cleaned up by the enterprises, which have been offset with the rights and interests of the owners after being examined and approved by the organs of state-owned assets supervision and administration, may also be offset with the surplus reserve, the capital reserve, and the paid-in capitals in turn. The various asset losses and capital cleaned up by the enterprises in implementing the "Enterprise Accounting Systems" may, in accordance with the relevant provisions of policies of the state on assets and capital verification, and the "Circular on Issues concerning the Implementation of the Relevant Finance Policies (of the Enterprise Accounting Systems) by the State-owned Enterprises" (No. 310 [2002] of the Ministry of Finance, hereinafter referred to Document No. 310), be offset in turn with the profits haven't been distributed in the previous years, welfare funds, surplus reserve, and capital reserve, as well as the paid-in capitals after being examined and approved by the organs of state-owned assets supervision and administration. Article 11. The enterprises shall, in accordance with the documents of official and written reply on the verification of capital by the organs of state-owned assets supervision and administration, adjust the accounts in time, and put on records the result of the accounts adjustment at the organs of state-owned assets supervision and administration within the prescribed time limit (one copy shall be sent to the supervisory board of the key large state-owned enterprises). Article 12. After the relevant asset losses and capital of the enterprises have been examined and approved by the organs of state-owned assets supervision and administration, the amount of capital to be preserved after the rights and interests of the owners have been offset, shall not be lower than the amount of legally registered capital. The part of the asset losses and capital left over after the offset shall be dealt with as the special asset losses temporarily according to the provisions of Document No.310 of the Ministry of Finance, and shall be amortized by stages within 3 years; and the remaining sum hasn't been amortized shall be enumerated in the "Other Long-term Assets and Capital" of the Balance Sheet, and be explained in the annotations of the accounting statements of the annual report on final accounts. Article 13. The enterprises shall establish the system of records of written-off accounts on the bad creditor's rights, bad investments, relevant in-kind asset losses, etc., and organize the organs concerned or set up a special body to further sort out and recover the assets, so as to avoid the losses of state-owned assets. For the salvage value or capital redeemed after pursuance in later times, an item shall be entered in an account, and it shall be dealt with as the relevant income in accordance with the relevant financial and accounting systems of the state. Article 14. The enterprises shall carefully clear up the basic documents of all kinds for the assets and capital verification, establish archives for them and keep them in good conditions, as well as preserve them according to the time limit for keeping the accounting archives. Article 15. The enterprises shall, with respect to the managerial conflicts and problems reflected in the assets and capital verification, earnestly sum up the experience, clarify the responsibilities, establish and perfect the various management systems, and improve the relevant internal control mechanisms, and strictly implement such systems. The enterprises shall establish the liability system for asset losses and the system of bad assets management to consolidate the achievements made in the assets and capital verification. Article 16. The present Provisions shall be implemented as of their promulgation. |
||||||||||||||||||||||||||||||||||
|
||||||||||||||||||||||||||||||||||
|
Copyright 2002 NovexCn.com
|