Article 1 These Rules are formulated in order to regulate the act of China Southern United Assets & Equity Exchange (hereinafter referred to as "SUAEE") to issue transaction vouchers and in accordance with the Measures for the Supervision and Administration of the Transaction of the State-owned Assets of Enterprises, the Operational Rules for the Transaction of State-owned Properties of Enterprises, the General Transaction Rules of Southern United Assets & Equity Exchange and the other applicable rules and regulations.
Article 2 These Rules shall apply to the issuance of transaction vouchers by SUAEE for the transaction of the properties of state-owned and collective enterprises. The issuance of transaction vouchers by SUAEE for other types of transaction may be implemented with reference to these Detailed Rules.
Article 3 The transaction vouchers referred to herein are the following vouchers issued by SUAEE for the transaction subject:
(i) the voucher that proves the transaction subject completes the transaction through SUAEE and concludes the transaction in accordance with the statutory transaction procedures and the transaction rules of SUAEE;
(ii) the voucher that proves the transaction subject has reached the outcome of the transaction in accordance with the statutory transaction procedures.
If no transaction voucher is issued for a transaction contract,, upon the request from the transaction subject, SUAEE shall explain the reasons to the transaction subject and record the same.
Article 4 If the transaction is completed through SUAEE, after both parties sign a transaction contract, the transferee pays the transaction price to the fund settlement account of SUAEE according to the contract, and both parties pay the relevant service charges in full, SUAEE shall issue a transaction voucher within 3 business days in accordance with relevant agreement.
Article 5 Where the transaction of state-owned property by non-public agreement is to be verified, both parties to the transaction shall apply to SUAEE, and submit the subject qualification documents of the parties, transfer approval and decision documents, property transfer proposal, legal opinion, and the property transaction contract, transaction fund settlement certificate and other necessary documents. After the normative review of the application materials, SUAEE shall publicize the main information of the project on its website for a publicity period not less than 5 business days.
After the expiration of the publicity period, if no third party's written objection or report is received, SUAEE shall issue a transaction voucher for the transaction; if a written objection or report is received from any third party, SUAEE will feed back the relevant information to both parties to the transaction and the transfer reviewing and approving authority. Where such objection or report is found true and SUAEE deems it necessary, SUAEE shall have the right not to issue a transaction voucher.
Article 6 Where the transaction involves subject qualification review, anti-monopoly review, etc., and the transaction contract comes into effect with the approval of the competent authority, SUAEE will issue the transaction certificate necessary for the review and approval of the competent authority after both parties to the transaction sign the transaction contract.
After the transaction contract is approved by the competent governmental authority, the transaction institution shall issue a transaction certificate according to the approval.
Article 7 Before issuing a transaction voucher, SUAEE shall have the right to check the transaction contract and the settlement of transaction funds. If the relevant information is inconsistent with the transaction documents such as the transfer information announcement, the transaction subject may be required to make a written explanation. If the transaction subject has reasonable grounds for the inconsistency, SUAEE shall issue a voucher within 3 business days from the date of receipt of the written explanation from the transaction subject.
SUAEE must not duplicate the transaction voucher for the same transaction project.
Article 8 If the transaction is completed through SUAEE, the transaction voucher shall specify the following items: project number, date of signing, date of commencement and closing of information announcement, full name of the transferor, full name of the transferee, full name of the transfer subject matter, transaction method, transfer price, payment term of transaction price, review conclusion of SUAEE, etc..
Article 9 Transaction vouchers shall be printed in a uniform format and shall not be handwritten or altered.
Article 10 Transaction vouchers shall be stamped with the seal of SUAEE.
Article 11 After the issuance of the transaction voucher, where the relevant subject points out illegal circumstances of both parties to the transaction in the process of transaction such as illegal subject, unqualified procedures, provision of false documents, etc., and the preconditions for the issuance of the transaction voucher do not exist, SUAEE will withdraw the transaction voucher of the project by means of website announcement, etc..
After a transaction voucher is revoked through website announcement, etc., it shall not be effective from then on, and the resulting liabilities shall be borne by the parties to the transaction.
Article 12 After the issuance of the transaction voucher, both parties to the transaction shall promptly go to the competent authority to handle the formalities for the change of the warrant.
Article 13 These Rules shall be interpreted by SUAEE.
Article 14 These Rules shall be filed with and subject to the supervision and guidance of Guangdong Provincial Government Joint Meeting on the Construction of Market of Equities and its Office.
Article 15 These Rules shall come into force on January 1, 2017, and the Operational Rules for the Issuance of Transaction Vouchers of Southern United Assets & Equity Exchange (Amendment 2014) shall be abolished from the implementation date of these Detailed Rules.