Promulgated by Ministry of Finance/State Commission for Economic Restructuring, date of promulgation 19920606 implementation date1992010/Chapter 1. General provisions Article 1 In order to standardize the financial management of joint-stock pilot enterprises, strengthen financial supervision and maintain
These Provisions are formulated in order to protect the legitimate rights and interests of investors and creditors. Article 2 These Provisions shall apply to the pilot measures and prescribed procedures for joint-stock enterprises.
A joint-stock pilot enterprise approved for establishment (hereinafter referred to as the enterprise). Article 3 The business activities and financial management of an enterprise shall abide by national laws and regulations.
And accept the inspection and supervision of the financial and tax authorities. Article 4 The financial departments of all provinces, autonomous regions, municipalities directly under the Central Government and cities under separate state planning may, in accordance with these regulations.
, combined with the actual situation in the region, formulate specific implementation measures, and report to the Ministry of Finance for approval or filing. Article 5 An enterprise shall, in accordance with these Provisions and local implementation measures, combine the specific conditions of the enterprise.
Formulate the financial system of the enterprise and report it to the competent financial and tax authorities for the record. Article 6 An enterprise shall, in accordance with the provisions of the Ministry of Finance, prepare accounting statements and financial statements on schedule.
And verified by certified public accountants (hereinafter referred to as certified public accountants) recognized by the governments of People's Republic of China (PRC) and China.
, verification, issue a report, can be provided to the outside world. Enterprises established by offering shares to the public shall be announced by the Registration Committee in accordance with regulations.
Financial report of engineer visa and necessary explanations and explanations. Article 7 Enterprises shall strengthen management, strive to reduce costs and expenses, and ensure the completion of property.
Overall, improve the efficiency of the use of funds. Chapter two. Article 8 When an enterprise is established, shareholders may invest in cash or in buildings and factories.
Machinery, equipment or other materials, trademark rights, patents, know-how, land use rights and other non-goods.
Assets in the form of money became shares. With intangible assets (excluding land use rights) as investment, its share shall not exceed.
20% of the total share capital of the enterprise. Special circumstances need to be higher than 20%, should be approved by the examination and approval department of the enterprise.
Quasi. Article 9 Where a shareholder shares in non-monetary assets, it shall entrust an accounting firm to handle it.
Assets appraisal, issue an appraisal report, and calculate the share capital as the parties to the shares after verification by a certified public accountant, or
Basis of investment proportion. Article 10 When an original enterprise is reorganized into a joint-stock enterprise, its property, creditor's rights,
Liabilities, and then entrust an accounting firm to evaluate assets, and the certified public accountant issues a capital verification report.
Define the property rights of the original enterprise's net assets. The creditor's rights and debts of the original enterprise shall be handed over to the restructured enterprise after liquidation.
Enterprises after the group. If a state-owned enterprise is reorganized into a joint-stock system, it shall be evaluated in accordance with the provisions of the state-owned assets management department.
, verification and confirmation procedures, define the property rights of state-owned assets. Article 11 Shareholders' equity refers to shareholders' rights to the net assets of an enterprise. All assets of the enterprise
The net assets after deducting all liabilities belong to shareholders' equity, including share capital, capital reserve and surplus reserve.
, employee collective welfare fund and undistributed profits. Twelfth enterprises should strengthen the management of invested capital stocks, and truthfully register the types of stocks,
Number of shares issued, par value of each share, subscribed and paid-in share capital and other matters that need to be recorded.
. Unless due to special circumstances such as capital reduction, it is not allowed to buy the shares of this enterprise, nor is it allowed to stock the existing shares of this enterprise.
Issue stocks. When an enterprise needs to increase its share capital, it shall go through the formalities of capital increase according to relevant regulations. The share capital invested by shareholders in the enterprise shall not be withdrawn during the existence of the enterprise. Article 13 Where a joint stock limited company issues shares in excess of the par value, the shareholders shall still enjoy the rights according to the par value.
Benefit. The balance beyond the par value after deducting the cost of issuing shares shall be regarded as capital reserve, not as shares.
Profit distribution. Article 14 The funds borrowed by an enterprise in various ways are the liabilities of the enterprise. The repayment period is one year.
Internal borrowing is the short-term debt of the enterprise; Loans with a repayment period of more than one year are long-term liabilities of enterprises.
. Enterprises may issue bonds upon approval. Corporate bonds shall be agreed by enterprises in accordance with legal procedures.
Securities that repay the principal and interest within a certain period of time but do not enjoy the right to dividends. Specific distribution methods, by country
Relevant regulations of the family. Article 15 An enterprise shall not repay its principal and loans with various taxes payable to the state.
Interest. Article 16 Interest expenses on short-term loans borrowed by enterprises shall be included in financial expenses. In ...
The part of the interest expense that is higher than the highest interest rate calculated by the People's Bank of China in the same period shall be paid at the time of tax payment.
Adjust. Long-term loan interest expenses incurred by enterprises in purchasing fixed assets or intangible assets.
If the difference is paid before the asset is put into use, it shall be included in the original price of the asset; exist
The expenses incurred after the assets are put into use are included in the financial expenses of the enterprise. Chapter three. Management of fixed assets Article 17 The fixed assets of an enterprise refer to the fixed assets whose service life exceeds one year and whose unit value meets the standard.
1000, 1500, houses, buildings, machines and machinery with a price of more than 2,000 yuan.
Means of transport and other equipment, appliances and tools. Enterprises can only choose one of the above criteria.
As the value standard of fixed assets, it should be reported to the competent tax authorities for the record. Those that do not meet the above two conditions at the same time are low-value consumables. Some artificial materials, although the unit value is lower than the prescribed standard, belong to the main labor of enterprises.
Data should be classified as fixed assets. Some labor materials, although the unit value exceeds the prescribed standard, but
Frequent replacement and easy damage can also be reported to the competent tax authorities for approval, and are not listed as fixed assets. Article 18 The valuation of fixed assets shall be based on the original price. Confirmation of original price of fixed assets
, according to the relevant provisions of the accounting system of joint-stock pilot enterprises. Article 19 Before calculating the depreciation of fixed assets, the residual value shall be estimated according to the original price of fixed assets.
Subtract. The residual value is determined by 3%-5% of the original price of fixed assets. Article 20 The depreciation of fixed assets shall be calculated and extracted by the straight-line method and the workload method. draw
Depreciation range, depreciation method, depreciation rate, calculation of unit depreciation amount and depreciation period, etc.
The State Council issued the Trial Regulations on Depreciation of Fixed Assets of State-owned Enterprises. Enterprises are special and original.
If it is necessary to accelerate depreciation, within 30% of the acceleration range, the enterprise shall apply to the competent finance and taxation and declare.
Authoritative approval. If the depreciation period is changed or depreciation is calculated by other methods without approval, it shall be in accordance with.
Prepare for adjustment. Twenty-first fixed assets continue to be used after full depreciation, and depreciation is no longer accrued. carry
Depreciation shall not be accrued for previously scrapped fixed assets. Fixed assets increased or decreased in the current month shall be depreciated in the next month. Article 22 When an enterprise withdraws depreciation, it may not write off its share capital, nor may it set up another depreciation fund. Twenty-third major repair costs of fixed assets can be carried out in advance or in advance.
Accounting, there is no other major repair fund. If the major repair costs are accrued, the sum of the estimated major repair costs shall be extracted.
The overhaul cycle has been determined. The actual cost of overhaul exceeds the accrued cost of overhaul.
, can be included in the cost, expenses, less than the withholding of major repair costs, offset the cost of the year.
, cost. If deferred payment is adopted, the amortization period is the same as the major repair period. The accounting method of major repair costs shall be determined by the enterprise itself and reported to the competent financial and tax authorities for the record.
Enterprises are not allowed to change at will. Article 24 The fixed assets of an enterprise shall be counted on the spot once a year. For inventory surplus, inventory deficit,
Fixed assets damaged or scrapped in advance shall find out the reasons, write a written report and be approved by the board of directors.
After that, its net value is included in the profit and loss of the current year. The income from the sale of fixed assets by an enterprise shall be deducted from the cleaning expenses and fixed assets.
The difference after the net value of fixed assets is included in the profit and loss of the current year. Chapter four. Management of intangible assets and other long-term assets Article 25 The intangible assets of an enterprise include patent rights, trademark rights, proprietary technology and land.
Land use rights, goodwill, etc. Article 26 The intangible assets of an enterprise shall be evaluated in accordance with the following provisions: intangible assets invested by shareholders.
, priced according to the value confirmed by the assessment; The purchase of intangible assets is priced according to the actual price paid. Article 27 The intangible assets of an enterprise shall be amortized by the straight-line method. Have a specified service life.
, can be amortized according to the specified service life; If no useful life is specified, no amortization period is specified.
Less than ten years. Article 28 Long-term investment of an enterprise refers to its investment in factories, buildings, machinery and equipment.
Other materials, industrial property rights etc. Invest in other enterprises; The time limit for investing in other enterprises is one year.
World Monetary Fund; Stocks and bonds purchased that cannot be realized or will not be realized within one year. long
Profits, interests and dividends obtained after investment are included in the total profits of the enterprise as investment income. Article 29 The expenses incurred by an enterprise during the preparation period shall be calculated from the month of production and operation.
Amortize by installments from the next month, and the amortization period shall not be less than five years. The preparation expenses of the enterprise include: 1. The salary, travel expenses and training fees of the organizer; 2. The issuance expenses of enterprises that issue shares at par value. Chapter V Management of Current Assets Article 30 The commodities, finished products, products in process, semi-finished products and raw materials of an enterprise shall be properly kept.
The valuation of goods should be based on the cost price. Article 31 The issuance and receipt of various inventories of an enterprise may be priced according to the actual cost.
In the methods of FIFO, moving average, weighted average and LIFO, as well as in
Explain in the statement of financial position. Once the valuation method is selected, it shall not be changed at will; If it is really necessary to change the valuation method, it shall be
Report to the competent financial and tax authorities for approval before the start of the next fiscal year. Thirty-second low-value consumables can be amortized in one lump sum and amortized by 50% or 50% after receipt.
Amortization and other methods. The specific accounting method is decided by the enterprise according to the actual situation, and in the financial situation
Explain it in the manual. Chapter VI Name. Cost and expense management Article 33 All expenses related to the production and operation of an enterprise shall be included in the cost of the enterprise.
Ben and expenses. Including all kinds of raw materials, auxiliary materials and equipment actually consumed in the production and operation process.
Spare parts, outsourced semi-finished products, fuel, power, packaging, etc. ; Amortized costs and solids of low-value consumables
Depreciation expenses of fixed assets, lease expenses and repair expenses, amortization expenses of intangible assets, etc. ; According to the provisions of the state.
Wages of employees and employee welfare funds drawn according to a certain proportion of total wages; with regard to
Management expenses, sales expenses and financial expenses incurred in organizing production and operation. Article 34 The following items shall not be included in the costs and expenses of the enterprise: expenditure on the purchase and construction of fixed assets; 2. Purchase expenditure of intangible assets; 3. Repay the principal of the fixed assets investment loan and the loan that occurred before the fixed assets were put into use.
The difference between interest and foreign currency exchange; 4. Welfare expenses paid in the employee welfare fund; 5. Dividends paid to shareholders; 6. Other expenses unrelated to production and operation. Thirty-fifth enterprises in the production and operation of business entertainment expenses, should be based on the "necessary"
, reasonable and economical "principle, strictly controlled, approved by the board of directors, according to no more than the following limits,
According to the actual management expenses. 1. If the annual net sales are less than15 million yuan, it shall not exceed 5 ‰ of the net sales.
; The annual net sales of15 million yuan or more shall not exceed 3% of the net sales of this part.
‰。 2. If the total annual business income is less than 5 million yuan, it shall not exceed the total business income.
10‰, if the annual operating income exceeds 5 million yuan, it shall not exceed the part of the industry.
5 ‰ of total income. Article 36 An enterprise may, according to actual needs, make a provision of 3 ‰ of the balance of accounts receivable at the end of the year.
—Withdraw 5 ‰ of bad debt reserve and include it in management expenses. The bad debt loss actually occurred in the current year, and the bad debt reserve is written off, if the confirmed bad debt is later.
The recovered money shall be included in the bad debt reserve. Article 37 The bad debt loss of an enterprise refers to the following unrecoverable receivables: 1. Due to the cancellation of the debtor's unit, it is really unrecoverable after settlement according to the Civil Procedure Law.
Part of; Due to the death of the debtor, there is neither legacy to pay off nor debtor, which is really not good.
The recovered part; 3. The part that cannot be recovered due to the debtor's overdue performance of debt service obligations for more than three years. Enterprises should find out the reasons for accounts receivable that are really irrecoverable and report them to the board of directors for approval.
As a bad debt loss. Article 38 An enterprise shall submit the total wages paid to its employees to the competent financial and tax authorities.
The amount and the documents and relevant materials on which it is based shall not exceed the amount approved by the local competent national financial and tax authorities.
In the range of 1 10% of the total average wages of employees in enterprises owned by the whole people, the taxable wages of enterprises shall be approved.
Standard. If the total wages included in costs and expenses exceed the taxable wage standard, the excess shall be paid.
Adjust when paying income tax. Article 39 An enterprise shall withdraw the employee welfare fund at 14% of the total wages of employees every month.
, included in the cost. The scope of use of employee welfare funds shall be implemented in accordance with the relevant provisions of the state. Fortieth enterprises draw union funds at 2% of the total wages of employees every month, and the management fee is
Expenditure in use. Trade union funds shall be provided by the trade union of this enterprise in accordance with the relevant provisions of the Ministry of Finance and the National Federation of Trade Unions.
Management and use. Forty-first enterprise staff education funds, according to the total wages of employees 1.5% extraction.
, charged in the management expenses. Forty-second enterprises in accordance with the provisions of the state to pay unemployment insurance, included in the management expenses.
. Forty-third management expenses and sales expenses incurred by enterprises for the management and organization of production and operation.
The use, financial expenses and procurement expenses of commercial enterprises should be accounted for separately and not included in the cost.
Deduct directly from operating income. Management expenses include: expenses uniformly borne by enterprises (including employees of administrative departments)
Wages, depreciation expenses, repair expenses, material consumption, amortization of low-value consumables, office expenses, travel expenses, etc.
), trade union funds, directors' dues, employment of certified public accountants and legal fees, consulting fees, legal fees,
Business entertainment, property tax, vehicle and vessel use tax, land use tax, stamp duty, technology transfer fee,
Amortization of intangible assets, employee education funds, research and development expenses, bad debt provision. Sales expenses include: expenses that should be borne by the enterprise in the process of selling goods, products and providing services.
Transportation fee, handling fee, packaging fee, insurance fee, exhibition fee, commission and advertising fee,
As well as the wages and salaries of employees of sales organizations specially set up to sell the goods and products of the enterprise.
Welfare expenses, operating expenses, etc. Financial expenses include net interest expenses, net exchange losses and bank charges. The procurement expenses of commercial enterprises include the transportation expenses that should be borne by the enterprises during the procurement process.
Fees, handling fees, packaging fees, insurance fees, reasonable loss in transit and sorting before warehousing.
Expenses, etc. Chapter seven. Management of profit and profit distribution Article 44 The total profit of an enterprise refers to operating profit plus investment income plus non-operating income.
The balance after deducting non-operating expenses. The operating profit of an enterprise is its operating income minus operating costs, business taxes and related expenses.
Balance after use. Including the main business profits and other business profits. The non-operating income and expenditure of an enterprise refer to the income and expenditure that are not directly related to the production and operation of the enterprise.
Income and expenditure. Non-operating income includes fixed assets inventory surplus, fixed assets disposal income and fines.
Net income, etc. Non-operating expenses include inventory loss of fixed assets, loss of disposal of fixed assets and various delays.
Gold and penalty expenses, extraordinary losses, employee labor insurance expenses, etc. Including late fees and fines.
The tax amount should be adjusted when paying taxes. Article 45 If the total profit of an enterprise is less than zero, it is a loss. According to the provisions of the national tax law, the losses of enterprises can be made up with the profits of the next year before paying income tax.
Supplement; The after-tax profit of an enterprise is used to make up for the losses not made up by the profit before income tax.
Supplement; If the after-tax profit is still insufficient to make up for the extraordinary losses, the profit of the enterprise shall be approved by the shareholders' meeting.
Those that exceed the provident fund should be replenished. Forty-sixth enterprises should pay income tax in accordance with the provisions of the state, and those who exceed the provisions include
If the tax standard is paid before income tax, it should be adjusted when paying tax. Article 47 the profits of an enterprise after paying income tax shall be distributed in the following order: to make up for losses; 2. Withdraw the statutory surplus reserve fund; 3. Withdraw the public welfare fund; 4. Pay dividends on preferred shares; 5. Withdraw any surplus reserve fund; 6. Pay dividends on common stock. Article 48 Provident funds are divided into surplus reserve funds and capital reserve funds: they are divided into the following two types: (1) statutory surplus reserve funds. The enterprise must make up the loss according to the after-tax profit (minus) of the current year.
When the statutory surplus reserve fund reaches 50% of the registered capital, 10% of the statutory surplus reserve fund shall be withdrawn.
Can't extract any more. (2) Any surplus reserve fund. According to the provisions of the Articles of Association or the resolutions of the shareholders' meeting. 2. Capital accumulation fund. The following funds should be included in the capital reserve fund: (1) the net premium of issuing shares exceeding the par value; (2) accepting gifts; (three) other funds that should be included in accordance with the relevant provisions of the state. Article 49 The common reserve fund can be used for the following items: In order to make up losses, enterprises can make up losses with surplus common reserve fund. 2. Transfer to share capital. Upon the resolution of the shareholders' meeting, the enterprise may transfer to the accumulation fund after going through the capital increase formalities.
Transfer share capital and issue new shares in proportion to the original shares of shareholders. However, when the statutory surplus reserve fund is converted into share capital,
After the transfer, the reserve fund retained by the enterprise shall not be less than 25% of the registered capital. Article 50 The public welfare fund shall be used for the collective welfare of enterprise employees. Article 51 After-tax profits of an enterprise shall be used to make up losses and withdraw statutory surplus reserve fund and reserve fund.
Dividends shall not precede income distribution. Article 52 When an enterprise has no profit in that year, it may not distribute dividends on the premise of capital preservation.
After the credit and surplus reserve fund is used to make up the losses, it cannot exceed the shares by special resolution of the shareholders' meeting.
The surplus reserve fund distributes dividends at 6% of the face value, but after the dividend is distributed, the statutory surplus reserve of the enterprise
The common reserve fund shall not be less than 25% of the registered capital. Article 53 An enterprise may distribute dividends in the following ways: cash; 2. After going through the formalities of capital increase according to legal procedures, the shares can be issued. Chapter 8. Article 54 An enterprise is dissolved due to the expiration of its business term or the reasons stipulated in its articles of association.
When the termination is announced for other reasons, a liquidation group shall be established to liquidate the enterprise in accordance with the relevant provisions of the state. Article 55 The liquidation group shall conduct a comprehensive inventory of the property, creditor's rights and debts of the enterprise and prepare a liquidation report.
Prepare balance sheet, property catalogue and list of creditor's rights and debts; Put forward the basis of property pricing and creditor's rights,
Methods of dealing with debts; According to the liquidation plan approved by the board of directors, dispose of the property and collect fees from shareholders.
Admit unpaid shares, pay taxes, claim back creditor's rights, pay off debts, and properly handle all remaining problems.
. Article 56 The liquidation expenses of an enterprise shall be paid in priority from the existing property.
And then pay it off in the prescribed order. At the end of liquidation, liquidation expenses and liquidation losses shall be deducted from liquidation income.
Losses and the balance after making up the losses of previous years shall be regarded as profits and paid in accordance with the provisions of the tax law.
Pay income tax. Article 57 The remaining property after liquidation shall be disposed of in accordance with the following provisions: The remaining property of a limited liability company shall be contributed by all investors unless otherwise stipulated in the articles of association.
Ratio of allocated capital. The remaining property of a joint stock limited company shall first be distributed to the preferred shareholders according to the face value of the preferred shares.
If there is still surplus property after distribution to preferred shareholders, it shall be distributed according to the shareholding ratio of ordinary shareholders.
. When the remaining property is insufficient to repay all the preferred shares, it shall be divided according to the shareholding ratio of each preferred shareholder.
Match. Article 58 After the liquidation, the liquidation group shall submit a liquidation report, which shall be audited by a certified public accountant.
Check, to be effective. Chapter IX Supplementary Provisions Article 59 The Ministry of Finance shall be responsible for the interpretation of these Provisions. Article 60 These Provisions shall come into force as of 1992 1 month 1 day.