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Matter right law is set be restricted state-owend enterprise tall canal buys MBO
From;    Author:Stand originally

On June 26, clear state-owend enterprise is in charge of the draft of matter right law that submits standing committee of countrywide National People's Congress to undertake the 3rd times deliberative high to be bought with low wait for a method to undertake belongings make over, cause the legal responsibility that agree of place of national endowment prediction of a person's luck in a given year carries. This is our country is first in important legislation with respect to the state-owend enterprise tall canal is bought (MBO) make specific standard.


Here the expert thinks, content joins a state-owend enterprise to provide bought relevant item high in authority law draft, it is normative state-owend enterprise tall canal is bought rise to legal level, this was April committee of state-owned asset supervisory management releases the State Council " the company is state-owned property right transfers provisional regulation to administrative layer " later, our country makes over the another major move that has a standard to administrative layer to state-owned property right.


Draft of matter right law discusses draft the 3rd times to say, "State-owned the director staff that is in charge of directly with cooperative, perhaps fold with low with free, low sells wait for a method to transfer the property of state-owned, cooperative, cause prediction of a person's luck in a given year of state-owned, collective property, ought to assume civil liability and administrative responsibility lawfully; Make crime, investigate criminal duty lawfully. Investigate criminal duty lawfully..


Standing committee of countrywide National People's Congress the law is versed in appoint when personage of authority of civil code room accepted Xinhua News Agency to interview on June 26, say, matter right law serves as a very important legislation, want to safeguard state ownership to give priority to the basic economy system that a variety of body, system of ownership develop jointly. Afore-mentioned clauses basically are a few problems that in deepening reform in the light of current and state-owned company, appear and increase, the purpose is to protect state-owned asset better, assure the main body position of state ownership.


Last year around of the end of the year, zheng Jun Huaili uses president of Yi Li share fiducial violate compasses do MBO to come to the light, in exposing a state-owned company MBO centrally, widespread presence goes regular: Sell oneself buy oneself, camera bellows operation, false evaluate, risk marry again.


In last few years, to management in state-owned property right the layer is made over in, as a result of " in-house person operates " , the reason such as information asymmetry, appeared to manage a layer to sell oneself buy oneself, camera bellows operation, factitious depress transfers the value, conceal or transfer asset, violate compasses financing, damage the legitimate rights and interests of investor and company worker to wait for a phenomenon.
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