| Announcement of the Supreme People's Court | | 最高人民法院公告 |
The Provisions of the Supreme People's Court Concerning Some Issues on Freezing and Auctioning the State-owned Shares and Public Corporate Shares of Listed Companies, adopted at the 1188th meeting of the Judicial Committee of the Supreme People's Court on August 28, 2001, are hereby promulgated, and shall enter into force on September 30, 2001. | |
《最高人民法院关于冻结、拍卖上市公司国有股和社会法人股若干问题的规定》已于２００１年８月２８日由最高人民法院审判委员会１１８８次会议通过。现予公布，自２００１年９月３０日起施行。 |
September 21, 2001 | |
２００１年９月２１日 |
Provisions of the Supreme People's Court Concerning Some Issues on Freezing and Auctioning the State-owned Shares and Public Corporate Shares of Listed Companies | |
最高人民法院关于冻结、拍卖上市公司国有股和社会法人股若干问题的规定 |
(Adopted at the 1188th meeting of the Judicial Committee of the Supreme People's Court on August 28, 2001, Interpretations No. 28 [2001] of the Supreme Court) | |
（２００１年８月２８日最高人民法院审判委员会第１１８８次会议通过 法释〔２００１〕２８号） |
These provisions are made as follows in accordance with the Securities Law of the People's Republic of China, the Company Law of the People's Republic of China and the Civil Procedure Law of the People's Republic of China, by referring to the relevant provisions in the Auction Law of the People's Republic of China, and with respect to the relevant issues on freezing and auctioning the State-owned shares and public corporate shares of listed companies (hereinafter referred to as the share rights) in the process of property preservation and execution by the people's court, in order to protect the lawful rights and interests of the creditors and other parties concerned and maintain the normal transaction order of the securities market: | |
为了保护债权人以及其他当事人的合法权益，维护证券市场的正常交易秩序，根据《中华人民共和国证券法》、《中华人民共和国公司法》、《中华人民共和国民事诉讼法》，参照《中华人民共和国拍卖法》等法律的有关规定，对人民法院在财产保全和执行过程中，冻结、拍卖上市公司国有股和社会法人股（以下均简称股权）等有关问题，作如下规定： |
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| Article 1 These Provisions shall be applied when the People's Court is taking such property preservation and execution measures as freezing, valuating and auctioning the share rights and handling the transfer of the share rights, etc. in the process of trying cases over civil disputes. | | 第一条 人民法院在审理民事纠纷案件过程中，对股权采取冻结、评估、拍卖和办理股权过户等财产保全和执行措施，适用本规定。 |
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| Article 2 The State-owned shares of listed companies mentioned in these Provisions include the State shares and the State-owned corporate shares. The State shares shall refer to the shares obtained by the institutions or departments which are entitled to represent the State to invest through contributing investment in joint stock companies or obtained by them in accordance with the legal procedures; while the State-owned corporate shares shall refer to the shares obtained by State-owned legal entities (including the State shareholding enterprises with more than 50% of State-owned assets) through contributing investment in joint stock companies with the corporate assets occupied by themselves in accordance with the law or obtained by them in accordance with the legal procedures. | | |
The public corporate shares mentioned in these Provisions shall refer to the shares formed with non-State-owned corporate assets being invested in listed companies. | |
本规定所指社会法人股是指非国有法人资产投资于上市公司形成的股份。 |
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Article 3 When the People's Court is taking such measures as freezing or auctioning the share rights, the party subject to preservation or execution shall be the holder or the owner of the share rights. Where the listed company whose share rights are frozen or auctioned has not been determined to be the party concerned or the party subject to execution in the case in accordance with the legal procedures, the People's Court shall not take preservation or execution measures against it.
．．．．．． | | 第三条 人民法院对股权采取冻结、拍卖措施时，被保全人和被执行人应当是股权的持有人或者所有权人。被冻结、拍卖股权的上市公司非依据法定程序确定为案件当事人或者被执行人，人民法院不得对其采取保全或执行措施。
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