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    Rules For Determining Loss Of Assets In State Owned Enterprises

    2007/8/4 11:33:00 41332

    Chapter I General Provisions: first, in order to strengthen the supervision and management of the verification and verification of assets and losses of state-owned and state holding enterprises (hereinafter referred to as enterprises), the rules are formulated in accordance with the "measures for the verification of assets and capital of state-owned enterprises" and the relevant financial accounting system of the state.

    The second assets loss mentioned in these Rules refers to the loss of property before the base date and the operating potential deficit and capital account in the previous year.

    The loss of assets found in the third enterprises' assets verification and verification is verified and identified according to the regulations on the verification and verification of state-owned assets and the provisions of these rules.

    The verification and identification of assets losses are carried out in the fourth enterprises' liquidation and capital verification. According to the relevant accounting subjects, they are classified according to monetary fund loss, bad debt loss, inventory loss, loss of prepaid expenses, loss of investment, loss of fixed assets, losses in construction projects and project assets, loss of intangible assets and other assets losses.

    The fifth state-owned assets supervision and administration institutions are responsible for the examination and confirmation of assets losses found in the liquidation and verification of enterprises according to the relevant provisions of the state.

    The second chapter is the sixth chapter of evidence of assets loss identification. In the work of assets verification and verification, all assets losses that enterprises need to declare must be provided with legal evidence, including external evidence with legal effect, economic attestation proof of social intermediary organizations and internal evidence of specific items.

      第七條具有法律效力的外部證據,是指企業收集到的司法機關、公安機關、行政部門、專業技術鑒定部門等依法出具的與本企業資產損失相關的具有法律效力的書面文件,主要包括:  (一)司法機關的判決或者裁定;  (二)公安機關的立案結案證明、回復;  (三)工商管理部門出具的注銷、吊銷及停業證明;  (四)企業的破產清算公告及清償文件;  (五)政府部門的公文及明令禁止的文件;  (六)國家及授權專業技術鑒定部門的鑒定報告;  (七)保險公司對投保資產出具的出險調查單,理賠計算單等;  (八)符合法律條件的其他證據。

    The economic attestation certificate of the eighth social intermediaries refers to the social economic intermediaries' professional deduction and objective judgement based on the principle of independence, objectivity and impartiality, based on full investigation, research, argumentation and analysis, and a special economic verification certificate or authentication opinion issued to an enterprise's economic matters, including the certificate of economic attestation or the certificate of authentication issued by accounting firms, asset appraisal institutions, law firms, professional accreditation bodies, etc.

      第九條特定事項的企業內部證據,是指本企業在財產清查過程中,對涉及財產盤盈、盤虧或者實物資產報廢、毀損及相關資金掛賬等情況的內部證明和內部鑒定意見書等,主要包括:  (一)會計核算有關資料和原始憑證;  (二)資產盤點表;  (三)相關經濟行為的業務合同;  (四)企業內部技術鑒定小組或內部專業技術部門的鑒定文件或資料(數額較大、影響較大的資產損失項目,應當聘請行業內專家參加技術鑒定和論證);  (五)企業的內部核批文件及有關情況說明;  (六)由于經營管理責任造成的損失,要有對責任人的責任認定及賠償情況說明。

    The tenth article, as evidence for all assets losses, should be examined step by step according to the internal control system and financial management system. The intermediary agencies that undertake the special financial audit business of the enterprise's assets verification and capital verification should do a good job of checking and screening relevant evidence according to the independent auditing standards, and verify and confirm them one by one.

    The third chapter is about the principle of assets loss identification in the eleventh chapter. In order to ensure the authenticity of enterprise assets and the accuracy of financial information, the enterprise has lost the use value or pfer value, and can not bring any economic benefits to the enterprise. It has been proved to be a loss in accordance with the state financial accounting system and the policy of assets and capital verification, and can be written off after approval.

    The twelfth enterprises should actively organize and carry out conscientiously clean up and check each item of the assets in a clear way, and obtain evidence that is sufficient to explain the facts of losses, and verify and confirm the required work procedures and work requirements for the loss of assets and amount.

    In respect of assets loss items with larger and larger impact, enterprises should make specific explanations one by one, and intermediaries who undertake special financial audit businesses should focus on verification.

    The assets lost by the thirteenth enterprises in the verification of assets and assets in the Qing Dynasty are proved by the external legal effect, but the amount of their losses can not be determined according to the evidence, or the loss of assets related to the external legal effect can not be obtained.

    The fourteenth enterprises should seriously strengthen the management of the bad debts, bad investments and other losses that have been approved and written off, and establish a management system of "account sales cases", organize forces or set up specialized agencies to further clean up and recourse, so as to avoid the loss of state assets.

    In order to minimize the loss, the fifteenth enterprises should categorize queues and seriously clean up the loss of physical assets such as scrapped, damaged, fixed assets, inventories, and construction projects that have been approved for verification.

    The sixteenth companies found that the assets caused by accounting technical errors were not considered to be the scope of assets loss should be handled by the enterprises according to the accounting error correction methods prescribed by the accounting standards and audited by the accounting firms.

    The seventeenth debtors' mutual debt, investment and related pactions between the internal units of the enterprise group, the parent company and the subsidiary company, and the debtor's cancellation debts shall be carried out at the same time as the creditor's cancellation of the creditor's rights, and a written agreement shall be signed to provide each other with financial information for handling claims or liabilities.

    The fourth chapter is about the determination of monetary fund loss. The eighteenth monetary fund loss refers to the cash shortage and the losses incurred by various financial institutions.

    According to the following evidence, the amount of cash shortage is deducted from the cash shortage of nineteenth enterprises, and the amount of cash shortage is deducted from the person liable for compensation. According to the following evidence, it is recognized as a loss: (1) the cash check list confirmed by the cash custodian (including the record that is pushed back to the base date); (two) the description of the short account and the relevant approval documents by the cash custodian; (three) as a result of the management responsibility, there should be a description of the liability of the responsible person and a description of the compensation; and (four) a criminal suspect should be provided with judicial material involved in criminal offences.

    In the twentieth enterprises that have been checked out, the financial institutions have paid and the enterprises have not paid the money. According to the bank reconciliation of the base date and the corresponding bank deposit balance reconciliation form, we should find out the causes of the bank's paid and unpaid funds, confirm the relationship between the creditors and the debtors, and verify the responsibilities.

    The loss can not be recovered, according to the identification requirements of the loss of bad debts.

    The twenty-first chapter of the fifth chapter: the loss of bad debts is the losses caused by the receivables that enterprises can not recover, mainly including the loss caused by bad debts caused by accounts receivable and other receivables, bills receivable and prepaid accounts.

    In the twenty-second article, the enterprises should analyze the bad debts in the clearing up and check out the assets, and the enterprises should analyze the reasons by item by item.

    Twenty-third debt units have been declared bankrupt, cancelled, revoked by industrial and commercial registration, or ordered by the government to close down, etc., resulting in the receivables being uncollectible. They are identified as losses according to the following evidence: (1) the bankruptcy notice of the court and the liquidation documents of bankruptcy liquidation; (two) the cancellation and revocation certificate of the business sector; and (three) the administrative decision documents of the government departments.

    In case of liquidation in the above circumstances, the party shall deduct the amount of money that cannot be recovered as a loss after deducting the actual liquidation portion of the debtor's liquidation property.

    The economic and medical attestation certificate has been issued by the social intermediary organization after the professional inference and objective evaluation of the social intermediary institution.

    The twenty-fourth receivables that the debtor has disappeared or died, after obtaining the evidence of the missing or dead of the debtor issued by the public security organ, determines whether the estate is insufficient to liquidate part of the debt or fails to find the debt holder to recover the debt. The social intermediary institution makes an economic verification certificate after making professional inference and objective evaluation, and is deemed to be a loss.

    The twenty-fifth debtors are affected by force majeure factors such as war, international political events and natural disasters, and make special instructions to the enterprises which are really uncollectible receivable. After the social intermediary agencies have made professional inference and objective evaluation, they have issued economic attestation certificates and have been identified as losses.

    Twenty-sixth overdue uncollectible receivables, a losing court judgment, a written ruling, or a successful, but unenforceable or debtor's insolvency, which is executed by the court in the final (Interim), shall be deemed to be a loss according to the court's judgment, ruling or final (Interim) enforcement of the legal document.

    In the twenty-seventh receivables which are not recoverable after the overdue period, the amount of a single sum is small and is not enough to make up for the cost of the collection. The enterprise shall make a special explanation, and after the professional inference and objective evaluation by the social intermediary organization, it will issue a certificate of economic attestation and identify it as a loss.

    Twenty-eighth accounts receivable overdue for more than 3 years shall be recorded by the enterprise according to law, and the debtor is insolvent, who has been in debt for 3 consecutive years or has ceased to operate for more than 3 years. He can identify that he has not had any business dealings in the recent 3 years, and is certified by the social intermediary institutions for professional deduction and objective evaluation.

    Twenty-ninth receivables that overdue for more than 3 years will be reclaimed by overseas debtors in Hong Kong, Macao and Taiwan. If they are obtained by law, they may be reclaimed after obtaining the relevant certificates issued by overseas intermediary organizations, or obtained the relevant certificates issued by our embassies and consulates abroad.

    Thirtieth items of accounts receivable which are overdue for more than 3 years shall be returned to the debtor in consultation with the debtor after a certain percentage discount. The company shall consider the decision of the board of directors or the manager (factory director) at the office meeting (the approval document of the parent company of the two or less enterprises) and the effective agreement signed between the creditor and the debtor, as well as the certificate of the recovered funds, and the discount portion shall be deemed to be a loss.

    The sixth chapter, the thirty-first chapter of inventory loss refers to the net loss of goods, finished products, semi-finished products, products, materials, fuels, packages, and low value consumables, such as profit, loss, deterioration, damage, scrapping, obsolescence, theft and so on, as well as the high and low cost of inventory cost.

    According to the following evidence, the balance is deducted as follows: (1) inventory check list; (two) the economic verification certificate of the social intermediary institution; (three) other materials that should be provided: (1.) the inventory keeper's description of the inventory surplus and inventory losses; the 2. basis of the value of the inventory surplus inventory (including the relevant warehousing procedures, the same approximate inventory purchase invoice price or other basis for determination); the value determination basis of the 3. inventory loss inventory of the company; and 4., 4., 4., 4., the internal responsibility of the enterprise, the compensation statement for the responsible person and the internal audit approval document. Thirty-second inventory of inventory and inventory losses

    The thirty-third part of the inventory of scrap and damaged goods is deducted from the residual value of the book value and the difference between the insurance compensation or the person liable for compensation. According to the following evidence, it is deemed to be a loss: (1) a single item or a smaller amount of stock, and the technical certificate issued by the relevant departments of the enterprise; and the inventory of a single item or a larger amount of stock shall be obtained by the relevant technical appraisal department of the state. (two)

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