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国务院办公厅最近转发的国务院国有资产监督管理委员会《关于规范国有企业改制工作的意见》,对管理层收购(MBO)行为进行了严格规范,严禁国有企业的经营管理者自卖自买国有产权。 根据这—意见,向本企业经营管理者转让国有产权必须严格执行国家的有关规定,并按照有关规定履行审批程序。向本企业经营管理者转让国有产权方案的制订,由直接持有该企业国有产权的单位负责或其委托中介机构进行,经营管理者不得参与转让国有产权的决策、财务审计、离任审计、清产核资、资产评估、底价确定等重大事项,严禁自卖自买国有产权。
The State Council’s State-owned Assets Supervision and Administration Commission, recently transferred from the General Office of the State Council, “Opinions on Regulating the Restructuring of State-Owned Enterprises” has strictly regulated the conduct of management buyouts (MBOs) and prohibits state-owned enterprise managers from selling or buying state-owned property rights. According to this opinion, the transfer of state-owned property rights to the business managers of the company must strictly comply with the relevant regulations of the country and perform the examination and approval procedures in accordance with relevant regulations. The formulation of the transfer of state-owned property rights plans to the business managers of this company shall be the responsibility of the unit directly holding the state-owned property rights of the enterprise or entrustment of an intermediary institution. The business managers shall not participate in the decision-making, financial auditing, resignation auditing, and clearance of the transfer of state-owned property rights. The major issues such as the production of nuclear assets, assets assessment, and reserve price determination are prohibited from selling or buying state-owned property rights.