Wednesday, June 22, 2011

Property Transactions

Property right trading is the enterprise property owners with property right for commodities and a kind of market business activities.
Includes three aspects: 1, the property right trading is a follow the principle of equal value exchange goods business activities.
2, property transactions belongs to the property business activities, its business subject is the enterprise property owners or owner of the agents.
3, property transactions in the content can be divided into two levels: first level is the enterprise property transfer of ownership; The second level is in the keep the enterprise property rights under the premise of constant, implement enterprise property right to transfer.
According to the way to trade points, there are five kinds of forms: buy type, bear debt type, absorb the contribution of the type, holding type, bear schedule all worker, and other conditions type.
< 1 > buy type, namely a enterprise legal person through the negotiation or bidding mode of another enterprise contributive buy all or part of property rights; < 2 > bear debt type, that is, in the transfer of the assets and the enterprise by the debt equivalent, another enterprise to accept to be transferred to receive the conditions for the debts of the enterprise assets. < 3 > absorption type, which is the contribution of the transfer of the assets of the enterprise owners will be transferred into the net assets of enterprises as stocks another enterprise, become another enterprise shareholder; < 4 > holding type, namely a enterprise through the purchase of the equity, other enterprises to be holding, the property right of the legal representative person holding enterprise; < 5 > bear schedule all worker and other conditions, that is a enterprise to arrange for another enterprise all worker production and living conditions, for receiving all of its assets; According to the principal transactions between the organization form, there are six points forms: mergers, contract, rent, auction, stock transfer, assets transferred.
< 1 > merger. Enterprise merger is to point to an enterprise to buy other enterprise property right, be merger enterprise legal person status change or lose corporate entity, usually as JianBingZhe remaining enterprises still retain the original enterprise name, and are mergers, enterprises are no longer exists.
< 2 > "contract" accurately should is "contracted management", it is to point to conclude a contract between the enterprise and the contractor management contract, the enterprise "management right" all or part of the within a certain period of time to the contractor, the contractor to the enterprise management, and risks of doing business and obtain the business income behavior.
< 3 > leasing. Lease is a direction the other party to pay rent to get in a certain period to the other party the right to use the assets, the lease is divided again capital lease and service vice of the lease and three types of business lease.
< > 4 auction. Property owner and the requester auction is property through the bidding method, the property owner from the highest bidder to transfer the requester of a kind of property rights transfer form. Enterprise auction and can be divided into two types: one is the right of the auction, and the other is the ownership of the auction.
< 5 > stock transfer. Shareholders once get shares, will lose money on the contribution of the economy, could have only equity ownership of public welfare and related rights and usufruct. The stock transfer, is according to their own interests and expected shareholders psychological decided to hold the rights of the stock transfer or not.
< 6 > assets transferred. Assets assignment refers to physical assets between the owner and the purchaser a paid exchange relationship. Compensatory transfer refers to assets owners and in accordance with the principle of equivalence between demanders with assets of the physical value and the value of a currency exchange one way. 

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