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WORK RULES FOR THE DETERMINATION OF THE ASSET LOSSES OF STATE-OWNED ENTERPRISES |
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(Notice of the State-owned Assets Supervision and Administration Commission of the State Council on Distributing the Work Rules for the Determination of the Asset Losses of State-owned Enterprises (No.72 [2003] of the State-owned Assets Supervision and Administration Commission), September 13, 2003: In order to strengthen the supervision and administration of the asset verification work of state-owned and state-holding enterprises and to regulate the verification and determination of the asset losses of the enterprises, we have formulated the Work Rules for the Determination of the Asset Losses of State-owned Enterprises in accordance with the Measures for the Asset Verification of State-owned Enterprises (Order No.1 of the State-owned Assets Supervision and Administration Commission) and the relevant financial accounting systems of the state, and hereby distribute them to you. Please carry them out accordingly in light of the actualities of your respective enterprises and pass on the relevant situations and problems arising in the work) |
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SUBJECT : ASSET LOSSES |
ISSUING DEPARTMENT : THE STATE-OWNED ASSETS SUPERVISION AND ADMINISTRATION COMMISSION OF THE STATE COUNCIL OF THE PEOPLE'S REPUBLIC OF CHINA |
ISSUE DATE : 09/23/2003 |
IMPLEMENT DATE : 09/23/2003 |
LENGTH : 5,161 words |
TEXT : |
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TABLE OF CONTENTS
CHAPTER I GENERAL PROVISIONS CHAPTER II EVIDENCE FOR THE DETERMINATION OF ASSET LOSSES CHAPTER III PRINCIPLES FOR THE DETERMINATION OF ASSET LOSSES CHAPTER IV DETERMINATION OF THE LOSS OF MONETARY CAPITAL CHAPTER V DETERMINATION OF THE LOSS OF BAD DEBTS CHAPTER VI DETERMINATION OF THE INVENTORY LOSS CHAPTER VII DETERMINATION OF THE ACCOUNT LOSS OF PREPAID AND DEFERRED EXPENSES CHAPTER VIII DETERMINATION OF THE INVESTMENT LOSS CHAPTER IX DETERMINATION OF THE LOSS OF FIXED ASSETS CHAPTER X DETERMINATION OF THE LOSS OF PROJECTS UNDER CONSTRUCTION AND PROJECT MATERIALS CHAPTER XI DETERMINATION OF THE LOSS OF INTANGIBLE ASSETS AND OTHER ASSETS CHAPTER XII SUPPLEMENTARY PROVISIONS
CHAPTER I GENERAL PROVISIONS
Article 1. In order to strengthen the supervision and administration of the asset verification work of state-owned and state-holding enterprises (hereinafter referred to enterprises) and to regulate the verification and determination of the asset losses of the enterprises, the present Rules are formulated in accordance with the Measures for the Asset Verification of State-owned Enterprises and the relevant financial accounting systems of the state.
Article 2. The term "asset losses" used herein refers to various property losses incurred prior to the base date of asset verification of the enterprises, the hidden business loss and on account funds, etc., incurred in the previous years.
Article 3. The various asset losses found out through asset verification shall be verified and determined in accordance with the Measures for the Asset Verification of State-owned Enterprises and the present Rules.
Article 4. The verification and determination of the various asset losses found out through the asset verification shall be carried out under the relevant accounting titles, namely based on the categories of monetary capital loss, bad debt loss, inventory loss, loss of on-account prepaid and deferred expenses, investment loss, loss of fixed assets, loss of projects under construction and project materials thereof, loss of intangible assets, other asset losses, etc.
Article 5. The State-owned Assets Supervision and Administration Commission (SASAC) shall be in charge of the examination and determination of the asset losses found out through asset verification of the enterprisers pursuant to the relevant provisions of the state.
CHAPTER II EVIDENCE FOR THE DETERMINATION OF ASSET LOSSES
Article 6. An enterprise shall provide legal evidence for any asset loss it reports for determination in the asset verification, and such evidence includes: external evidence with legal effects, economic appraisal certificates issued by private intermediary agencies, and internal evidence of the enterprise on certain matters.
Article 7. The term "external evidence with legal effects" refers to the written documents with legal effects related to the asset losses of an enterprise that are collected by that enterprise and issued by the judicial organs, public security organs, administrative departments, expert technical appraisal departments, etc., according to law, mainly including:
(1) Judgments and rulings of the judicial organs;
(2) Certificates and official replies of the public security organs on filing or conclusion of cases;
(3) Certificates of writing-off, revocation and stop of business issued by the departments of industry and commerce administration;
(4) Public announcements of insolvent liquidation and documents of debt discharge of the enterprise;
(5) Public documents and documents of express prohibition of the government authorities;
(6) Appraisal reports given by the expert technical appraisal departments of the state and those authorized by the state;
(7) Documents of the investigation of insured losses documents of the calculation of settled damages, etc., issued by the insurance companies for insured assets; and
(8) Other evidence in conformity with the statutory conditions.
Article 8. The term "economic appraisal certificates issued by private intermediary agencies" refers to the special economic appraisal certificates or letters of opinions issued by the private intermediary agencies according to the principles of independence, objectivity and justice, on the basis of full investigation and study, demonstration, analysis and calculation, and upon professional conclusion and object judgment with respect to the given economic matters of an enterprise, including the economic appraisal certificates or letters of opinions issued by the accounting firms, asset evaluation institutions, law firms, expert appraisal institutions, etc.
Article 9. The term of "internal evidence of the enterprise on certain matters" refers to the internal certificates, internal appraisal opinions, etc., issued by the enterprise in the course of asset verification in respect of the inventory surplus and shorts, or discarding as useless, damages and loss of assets in kind, the relevant on account funds, etc., mainly including:
(1) The relevant accounting materials and original vouchers;
(2) Assets counting forms;
(3) Business contracts relating to the economic acts concerned;
(4) Appraisal documents or materials of the internal technical appraisal groups or internal technical departments of the enterprise (with respect to asset losses in relatively large amounts and with significant impact, experts of the trade shall be retained to take part in the technical appraisal and demonstration);
(5) Internal ratification and approval documents and the explanation of the relevant situations of the enterprise; and
(6) With respect to the losses incurred due to poor business management, the explanation of the determination of liabilities of the liable personnel and of the compensation.
Article 10. An enterprise shall examine level by level and strictly control the admission of all the evidence for asset losses pursuant to its internal control system and financial management system; and the intermediary agencies undertaking the special financial auditing for the asset verification of that enterprise shall take care of the review and screening of the relevant evidence pursuant to the principle of independent auditing, and verify and confirm the losses one by one.
CHAPTER III PRINCIPLES FOR THE DETERMINATION OF ASSET LOSSES
Article 11. In order to ensure the truthfulness of the asset status and the accuracy of the financial information of an enterprise, if that enterprise has conclusive facts and sufficient evidence to prove that the valueless assets sorted out through the asset verification, shown on the books, have lost their value of use or transfer and can no longer bring economic benefits to the enterprise, such assets shall be determined as losses pursuant to the provisions of the financial accounting systems and the policies on asset verification of the state, and may go through financial verification and writing-off upon approval.
Article 12. With respect to the various asset losses sorted out through asset verification, an enterprise shall actively organize personnel to make careful check and verification one by one to get adequate legal evidence to prove the facts of losses, and shall make verification and determination of the asset items and amount that have been lost pursuant to the prescribed work procedures and requirements.
With respect to the items of asset losses with relatively large amount and significant impact, the enterprise shall make specific explanations of them item by item, and the intermediary agencies undertaking the special financial auditing shall put emphasis on the verification of such items.
Article 13. With respect to the various asset losses sorted out through asset verification, if an enterprise has obtained external certificates with legal effects, but the value of the losses can not be determined on the basis of such evidence, or with respect to the relevant asset losses for which the external certificates with legal effects is difficult to be obtained, the private intermediary agencies shall issue letters of appraisal opinions upon economic appraisal.
Article 14. An enterprise shall earnestly strengthen the management of the losses of non-performing loans, non-performing investments, etc., establish the management system of "record of written-off accounts", and organize personnel or set up specialized bodies to make further check and recovery to prevent the losses of state-owned assets.
Article 15. With respect to the losses of assets in kind, such as those discarded as useless, damaged and lost fixed assets, inventory, and projects under construction which have been approved to be written off, an enterprise shall classify them and place them in sequence, make careful check, actively dispose of those still with value of utilization or from which residual value may be recovered, and thus to minimize the losses as much as possible.
Article 16. The untrue status of assets resulted from technical accounting errors that has been sorted out by an enterprise shall not fall with the scope of determination of asset loss. Such assets shall be disposed of by the enterprise itself according to the measures for correcting errors prescribed by the accounting standards and after the accounting firm makes the auditing and presents relevant opinions.
Article 17. With respect to the payments, investments and related transactions between the entities or between the parent company and the subsidiaries within an enterprise group, the debtor shall conduct the verification and writing-off of debts of the same value as the creditor's rights and at the same time as the creditor does, and they shall sign a written agreement and provide each other with financial materials for the disposition of the creditor's rights or debts.
CHAPTER IV DETERMINATION OF THE LOSS OF MONETARY CAPITAL
Article 18. The term "loss of monetary capital" refers to the shortage of cash and the relevant losses occurred to the deposits kept in various kinds of financial institutions sorted out by an enterprise.
Article 19. With respect to the shortage of cash sorted out by an enterprise, the amount of the shorted value minors the value of the compensation made by the liable personnel shall be determined as loss on the basis of the following evidences:
(1) Cash counting forms confirmed by the cash keeper (including the records back to the base date);
(2) Explanations of the cash keeper on the shortage and the relevant ratification documents;
(3) If the shortage is caused due to poor management, explanations on the determination of liabilities of the liable personnel and the compensation; and
(4) Relevant judicial case materials if any crime is involved.
Article 20. With respect to the sums of deposits that have been paid by the financial institutions but have not been paid by an enterprise as sorted out, the reasons for such payments by banks and non-payments by the enterprise shall be found out, transaction by transaction, on the basis of the bank statements on the base date of property verification and the relevant deposits balance adjustment forms, the credit and debt relationship with the payee shall be determined, the facts shall be ascertained and the liabilities be attributed to the right parties. With respect to the sums that cannot be recovered, the loss shall be determined by referring to the requirements on the determination of the loss of bad loans herein.
CHAPTER V DETERMINATION OF THE LOSS OF BAD DEBTS
Article 21. The term "loss of bad debts" refers to the loss caused by the receivables of an enterprise that can not be recovered, mainly including: the loss caused by the bad debts of receivable accounts and other receivables, receivable instruments, pre-paid accounts, etc.
Article 22. With respect to the losses of bad debts sorted out through asset verification, an enterprise shall analyze the reasons causing each of them, and the receivables that really cannot be recovered as proved by valid evidence shall be determined as loss in light of the different circumstances.
Article 23. Where the receivables cannot be recovered as a result of the debtor entity's being declared bankrupt, written off, deprived of industry and commerce registration, ordered by the government to shut down, etc., such receivables may be determined as loss on the basis of the following evidence:
(1) Public announcements made by the court and the documents of debt discharge in the insolvent liquidation;
(2) Certificates of writing-off or revocation issued by the department of industry and commerce administration; and
(3) The documents of relevant administrative decisions of the government.
If the liquidation has already be made in any of the above mentioned situations, the sums of the liquidation property of the debtor that have actually been discharged shall be deducted, and the sums that can not be recovered shall be determined as loss.
If the liquidation has not been made, the private intermediary agencies shall issue economic appraisal certificates upon professional conclusion and objective judgment, and the part that really cannot be recovered shall be determined as loss.
Article 24. With respect to the receivables of a debtor who has already been missing or dead, if his/her legacy is not sufficient to repay the debts or it's impossible to find his/her debtor to recover the sums after the public security organ issues the certificate of the missing or dead status of the debtor, the private intermediary agencies shall issue the economic appraisal certificates upon professional conclusion and objective judgment, and such receivables shall be determined as loss.
Article 25. If the receivables can not be recovered from debtor as a consequence of force majeure, such as wars, international political events, natural disasters, etc., an enterprise shall make special explanations thereon, and after the private intermediary agencies issue the economic appraisal certificates upon professional conclusion and objective judgment, such receivables may be determined as loss.
Article 26. With respect to the receivables that can not be recovered after the due date, if there is any judgment or ruling of the court against the enterprise, or if the court rules to terminate (discontinue) the execution because, though the enterprise won the case, the debtor is insolvent, such receivables shall be determined as loss on the basis of the legal documents of judgment, ruling or termination (discontinuance) of execution of the court.
Article 27. Among the receivables that can not be recovered within the due time, with respect to those each of which is of small value and is not adequate to make up the cost for recovery, the enterprise shall make a special explanation, and after the private intermediary agencies issue the economic appraisal certificates upon professional conclusion and objective judgment, such receivables may be determined as loss.
Article 28. With respect to the receivables which have not been recovered within 3 years or more after the due date, if the enterprise has the records of negotiation and urge for payment according to law, and it has been confirmed that the debtor is insolvent, loses money for 3 consecutive years or stops business operations for 3 consecutive years, and it can also be confirmed that there is no business transactions between the enterprise and that debtor within the last 3 years, such receivables may be determined as loss after the private intermediary agencies issue the economic appraisal certificates upon professional conclusion and objective judgment.
Article 29. With respect to the receivables that have not been recovered within 3 years or more after the due date, if the debtor is overseas or in Hong Kong, Macao or Taiwan and the sums can not be recovered after urge of payment according to law, such receivables shall be determined as loss after acquiring of the relevant certificates issued by the overseas intermediary agencies or those issued by the embassy (consulate) or commerce agency of China stationed in the foreign country.
Article 30. With respect to the receivables that have not been recovered within 3 years or more after the due date, if the enterprise, in order to reduce the loss of bad debts, negotiates with the debtor and recovers the sums at a proportionate discount (including the recovered assets in kind), the discounted part shall be determined as loss on the basis of the decision of the board of directors or the executive meeting of the manager (factory head) of the enterprise (in the case of an enterprise at the second or lower level, the ratification documents of the parent company at the higher level are required) and the effective agreement signed by the creditor and debtor.
CHAPTER VI DETERMINATION OF THE INVENTORY LOSS
Article 31. The term "inventory loss" refers to the net loss caused by inventory surplus, inventory shorts, deterioration, derogation, discarding as useless, phasing out and theft of the relevant commodities, finished products, half-finished products, products under manufacturing, various kinds of materials, fuel, packages, and low-value consumable products, and the on-account payables, receivables of inventory cost, etc.
Article 32. With respect to the surplus and short inventory, the balance of their value less the amount compensated by the liable personnel shall be determined as loss on the basis of the following evidence:
(1) Inventory counting forms;
(2) Economic appraisal certificates issued by the private intermediary agencies; and
(3) Other materials that should be provided: 1. Explanations of the inventory keeper on the inventory surplus and shorts; 2. Basis for the determination of the value of the surplus inventory (including the relevant warehouse entry formalities, price of the identical or similar inventory indicated on the purchase invoices, or other basis for determination); 3. Basis for determination of the value of the short inventory; and 4. Explanations on the determination of relevant liabilities within the enterprise and the compensation made by the liable personnel, and the internal ratification documents.
Article 33. With respect to the inventory discarded as useless or derogated, the balance of its book value less the residual value and the amount compensated by the insurance company or the liable personnel shall be determined as loss on the basis of the following evidence:
(1) With respect to the inventory each of which or each batch of which is of relatively small value, the relevant internal body of the enterprise shall issue the technical appraisal certificate;
(2) With respect to the inventory each of which or each batch of which is of relatively large value, the enterprise shall obtain the technical appraisal certificate issued by the relevant technical appraisal department of the state or the private intermediary agency with the qualification for technical appraisal;
(3) Where any insurance claim is involved, the explanations shall be made on the settlement of claim with the insurance company; and
(4) Other materials that should be provided: 1. Explanations on the discarding as useless and derogation of the inventory and the examination and approval documents within the enterprise; 2. Explanations on the residue value; and 3. Explanations on the determination of the relevant liabilities within the enterprise and the compensation made by the liable personnel, and the internal ratification documents.
Article 34. With respect to the inventory that has been stolen, the balance of its book value minors the insurance compensation and the compensation made by the liable personnel shall be determined as loss on the basis of the following evidence:
(1) Records of case reporting to the public security organ; certificates of the case filing, solving and conclusion by the public security organ;
(2) Explanations on the determination of the liabilities of the involved liable personnel and the compensation; and
(3) Where any insurance claim is involved, the explanations on the settlement of claim with the insurance company.
Article 35. With respect to the inventory disposed of at a reduced or discounted price, the relevant departments of the enterprise shall make the explanations, and the balance of the original book value minors the recovered value shall be determined as loss on the basis of the relevant accounting vouchers.
Article 36. With respect to the on account payables and receivables of inventory cost sorted out, the enterprise shall give special explanations, and such sums shall be determined as loss after the private intermediary agencies issue the economic appraisal certificates upon professional conclusion and objective judgment.
CHAPTER VII DETERMINATION OF THE ACCOUNT LOSS OF PREPAID AND DEFERRED EXPENSES
Article 37. With respect to the expense items whose amortization is found to be of no meaning as sorted out by an enterprise, the relevant expenses shall be determined as loss after the private intermediary agencies issue the economic appraisal certificates upon professional conclusion and objective judgment.
Article 38. With respect to the expenses that should have been amortized for a long time but not as sorted out by an enterprise, that enterprise shall give special explanations on the non-amortization resulted from difficulty in bearing such expenses by itself, and such expenses shall be determined as loss after the private intermediary agencies issue the economic appraisal certificates upon professional conclusion and objective judgment.
Article 39. With respect to the expenses that should have been drawn but not as sorted out by an enterprise, that enterprise shall give special explanations thereon and such expenses shall be determined as loss after the private intermediary agencies issue the economic appraisal certificates upon professional conclusion and objective judgment.
Article 40. With respect to the on account exchange losses resulted from the adjustment of foreign exchange rate policy of the state in the previous years as sorted out by an enterprise, that enterprise shall give special explanations thereon, and such sums shall be determined as loss after the private intermediary agencies issue the economic appraisal certificates upon professional conclusion and objective judgment.
CHAPTER VIII DETERMINATION OF THE INVESTMENT LOSS
Article 41. The term "investment loss" refers to the loss resulted from the non-performing equity or loans incurred by an enterprise, including the loss of long-term investments and short-term investments. With respect to the non-performing investments sorted out, the enterprise shall analyze the reasons case by case, and the sums that cannot be recovered as proved by valid evidence shall be determined as loss.
Article 42. Where an entity to which an investment has been made has gone into bankruptcy, liquidation, been cancelled, shut down, written off, or deprived of industry and commerce registration, resulting in non-performing investment that is difficult to recover, such investment shall be determined as loss on the basis of the following evidence:
(1) Public announcements of bankruptcy or documents of insolvent liquidation issued by the court;
(2) Documents of writing-off or revocation issued by the department of industry and commerce administration; and
(3) Documents of the relevant administrative decisions of the government departments.
Where the liquidation has been completed, the balance of the value of the investment less the sums discharged out of the liquidation property shall be determined as loss.
Where the liquidation has not been carried out, the balance which can not be discharged out of the residual property of the invested entity shall be determined as loss after the private intermediary agencies issue the economic appraisal certificates upon professional conclusion and objective judgment.
Article 43. Where the value of the relevant investment project in which an enterprise holds shares is relatively small, and the invested entity has become insolvent, run a loss for consecutive 3 years or stopped the business for 3 consecutive years, the sums that really cannot be recovered shall be determined as loss after the private intermediary agencies issue the economic appraisal certificates upon professional conclusion and objective judgment.
Article 44. With respect to the short-term investments of an enterprise, such as futures, securities, foreign exchange, etc., where delivery or clearing has not been carried out, no loss may be determined.
CHAPTER IX DETERMINATION OF THE LOSS OF FIXED ASSETS
Article 45. The term "loss of fixed assets" refers to the net loss resulted from the inventory surplus, shorts, phasing out, derogation, discarding as useless, loss and theft of the houses and buildings, machines and equipment, vehicles, tools and apparatus, etc., of an enterprise.
Article 46. The surplus inventory of fixed assets shall be entered into the account as surplus inventory of fixed assets on the basis of the following evidence:
(1) Counting forms of fixed assets;
(2) Explanations of the user and keeper on the surplus;
(3) Basis for determination of the value of the surplus inventory of fixed assets (market prices of the fixed assets of the same kind; purchase contracts, invoices and project completion settlement materials of the similar assets); and
(4) With respect to the surplus inventory of fixed assets each of which or each batch of which is of relatively large amount, if it is difficult for the enterprise to obtain the basis for determination of the value, that enterprise shall entrust a private intermediary agency to make price evaluation and issue the evaluation report.
Article 47. With respect to the inventory shorts of fixed assets, the balance of the book value thereof less the amount compensated by the reliable personnel shall be determined as loss on the basis of the following evidence:
(1) Counting forms of fixed assets;
(2) Explanation on the inventory shorts (with respect to the inventory shorts of fixed assets each or each batch of which is of relatively large value, the enterprise shall give special explanations on each of which or each batch and have the private intermediary agencies issue the economic appraisal certificates upon professional conclusion and objective judgment.);
(3) Economic appraisal certificates issued by the private intermediary agencies; and
(4) Documents of the determination of relevant liabilities within the enterprise, the internal ratification documents, etc.
Article 48 With respect to the fixed assets that have been discarded as useless or derogated, the balance of the net book value thereof minor the residual value, insurance compensation and compensation made by the reliable personnel shall be determined as loss on the basis of the following evidence:
(1) Appraisal certificates issued by the relevant departments within the enterprise;
(2) Where the fixed assets each of which or each batch of which has been discarded as useless or derogated, the enterprise shall make special explanations thereon and entrust the institution with the technical appraisal qualification to issue the appraisal certificate;
(3) Where the fixed assets have been derogated or discarded as useless as a result of force majeure (natural disasters, accidents), the enterprise shall have the appraisal report issued by the relevant functional department, such as the certificate of disaster suffering issued by the fire control department, the on-spot accident handling report or certificate of vehicle damages issued by the public security organ, the certificate of house demolishing issued by the house administration department, the boiler or elevator inspection report issued by the security inspection department, etc.
(4) Explanations on the discarding as useless and derogation of the fixed assets and the internal ratification documents of the enterprise; and
(5) Where any insurance claim is involved, the explanations on the settlement of claim.
Article 49. With respect to the fixed assets that have been stolen, the balance of the net book value thereof less the compensation made by the liable personnel and the insurance compensation shall be determined as loss on the basis of the following evidence:
(1) Records of case reporting to the public security organ; and materials of case filing, solving and conclusion of the public security organ;
(2) Explanations on the determination of the relevant liabilities within the enterprise and the compensation made by the liable personnel, and the internal ratification documents; and
(3) Where any insurance claim is involved, the explanations on the settlement of claim.
CHAPTER X DETERMINATION OF THE LOSS OF PROJECTS UNDER CONSTRUCTION AND PROJECT MATERIALS
Article 50. The term "loss of projects under construction and project materials" refers to the loss resulted from the projects of an enterprise which have already started but have been stopped from construction, abandoned and discarded as useless, or demolished, as well as the loss resulted from the discarding as useless or disposing of at discounted price of the corresponding project materials as a consequence.
Article 51. With respect to a project under construction which has been stopped from construction, abandoned and discarded as useless, or demolished, the balance of the book investment value thereof less the residual value shall be determined as loss on the basis of the following evidence:
(1) The documents of the state expressly ordering the stop of construction;
(2) Notices and documents of stop of construction and demolishing issued by the relevant government departments of planning, etc.;
(3) Appraisal opinions, explanations of causes, and ratification documents issued by the enterprise with respect to the project under construction which has been discarded as useless or abandoned; with respect to the discarding as useless of a project under construction of which the value is relatively large, the technical appraisal opinions issued with the participation of trade experts are required; and
(4) Basis for determination of the value of the actual inputs of the project.
Article 52. With respect to a project under construction which has been derogated as a result of a natural disaster or accident, the balance of the book investment value thereof minors the residual value, insurance compensation and liable compensation shall be determined as loss on the basis of the following evidence:
(1) The certificate of the relevant natural disaster or accident;
(2) Where any insurance claim is involved, the explanations on the settlement of claim; and
(3) Explanations and ratification documents of the determination of the relevant liabilities and the compensation of the liable personnel within the enterprise.
Article 53. With respect to the loss of project materials, the determination of loss shall be carried out by referring to the requirements for determination of the loss of inventory provided for herein.
CHAPTER XI DETERMINATION OF THE LOSS OF INTANGIBLE ASSETS AND OTHER ASSETS
Article 54. The term "loss of intangible assets" refers to the loss of intangible assets arising out of the unamortized account balance of the intangible assets which have become useless as a result of substitution by other new technologies or exceeding the period of legal protection, and have lost its value of use and transfer and can no longer bring any economic benefit to the enterprise.
Article 55. With respect to the losses of intangible assets sorted out by an enterprise, the unamortized book balance of the intangible assets shall be determined as loss on the basis of the appraisal materials provided by the relevant technical department or the certificate of exceeding of the period of legal protection.
Article 56. Where the contingent debts (including the loss resulted from guarantees, mortgages, or entrusted loans) of an enterprise have become actual debts, the determination of loss shall be carried out with respect to the creditor's rights that can not be recovered pursuant to the requirements for the determination of loss of the respective assets.
(1) The loss resulted from providing guarantees: where the enterprise has borne joint and several liabilities for repayment because of the failure of the guaranteed to pay off the due debts, and the guaranteed is unable to pay off the debts and the loss can not be recovered upon investigation and recourse, the determination of loss shall be carried out by referring to the requirements for the determination of the loss of bad debts provided for herein;
(2) The loss resulted from mortgages: where the enterprise fails to redeem the mortgaged assets on time, resulting in auction or sale of those assets, the balance of the book value thereof minors the price of the auction or sale shall be determined as loss on the basis of the certificate of auction or sale; and
(3) The loss resulted from entrusted loans: where the enterprise entrusts a financial institution to grant loans to other entities and a borrower entity fails to repay the due debts, the determination of loss shall be carried out by referring to the requirements for the determination of investment loss provided for herein.
Article 57. The loss of the reserve materials specially ratified by the state shall be reported pursuant to the procedures of examination and approval of the relevant provisions.
CHAPTER XII SUPPLEMENTARY PROVISIONS
Article 58. An enterprise shall, pursuant to the provisions of the Measures for the Administration of Accounting Records, keep in good conditions the work files of asset verification, and bind into volumes the work manuscripts, the certificates of assets losses and the basic accounting materials of asset verification and keep them for a prescribed period of time.
Article 59. The present Rules shall take effect as of the day of promulgation.
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