In recent years, the loss of state-owned assets of chemical companies has occurred repeatedly. Most of the reasons for the analysis of these cases are related to off-exchange transactions. For example, in March 2003, Chen, a legal representative of a chemical plant that produced phosphate fertilizer in Xiangfan City, established a private company in his own name before the restructuring. There was no entry transaction in the restructuring of the state-owned enterprises. Chen Youhua represented the phosphate fertilizer factory at a low price. Selling state-owned assets and buying state-owned assets on behalf of private companies at low prices, and then selling them at a high price, has in turn misappropriated the state-owned assets of chemical plants by 6.31 million yuan.
There are many techniques for over-the-counter transactions that cause the loss of state-owned assets. There are five main types:
The first is to ambush the battle. In the assessment of assets, the methods of concealing and hiding state-owned assets or writing off relevant accounts were used to avoid the assessment.
The second is to engage in airborne techniques. Take an out-of-the-box approach, falsely set aside liabilities, expenses, or increase amortization to increase business costs.
The third is to kick the ball. After using their powers to discount and shrink state-owned assets, they will be bought out and sold by specific targets.
The fourth is to play karate. Neither investment nor shares, just rely on the authority, the state-owned assets unreasonably.
The fifth is to make blindness. Take fraudulent reorganization or sign fraudulent contracts, agreements, and other deception tactics to transfer a large number of state-owned assets to secretly change the nature of state-owned assets.
Recently, the General Office of the People's Government of Hubei Province issued the “Several Opinions on Strengthening the Supervision over the Entering Transactions of State-owned Ownership of Enterprises”, which stipulates that state-owned property rights of all enterprises in the province will be regulated by the State-owned Assets Supervision and Administration Commission of the People's Republic of China. When SASACs at all levels handle registration of state-owned property rights transfer, they must require the company to submit the “property rights transaction certificate” issued by the selected property rights trading institution; when the industrial and commercial departments at all levels accept the registration of changes in state-owned property rights, they must ask the company to submit to the SASAC. Issued approval of transfer documents and "State-owned property rights change registration form." As for the state-owned property rights over-the-counter transactions, the State-owned assets supervision and administration institution or the property rights transaction-related approval institution shall immediately request the transferor to terminate the property rights trading activity; if the transaction has been completed, the state-owned assets supervision and administration institution may not register the change of property rights, and the administration of industry and commerce The management department shall not go through the formalities for registration of change in the industry and commerce; the supervision department will investigate the responsibilities of the relevant person in charge.
Sunlighting such property rights transactions should be a good prescription for ensuring state-owned assets.