Research On The Supervision Of The Investors In Sttate-Owned Investment Enterprise

Putting the investor’s duties in place is the guarantee of the sound development of the state-owned investment enterprise and also the premise of the value preservation and increment of the state-owned assets. Based on the "Interim Measures for the Supervision and Administration of State-owned Assets of Enterprises" and considered the the modern company system, the "Enterprise State-owned Assets Law" provides detailed rules for the investor system of the state-owned investment enterprise and determines the decision-making and supervision mechanism involving the major events of the state-owned assets rights and interests, which establishes the legislation base for the supervision performance of the investors in state-owned investment enterprise.In accordance with the regulation of Article5of " Enterprise State-owned Assets Law", the state-owned investment enterprises include wholly state-owned enterprises, wholly state-owned companies, state-owned capital holding companies and state-owned capital share companies. They are generally divided into two types, namely those are invested and supervised by the state-owned assets and administration commission authorized by the government and by the state-owned assets management company. The supervision to these enterprises is also in a dual mode. For the state-owned assets and administration commission, the supervision to the state-owned asset management company is in a mode of proprietor’s, while for the state-owned assets management company, the supervision to the state-owned investment enterprise is in a mode of shareholder’s.The the state-owned assets and administration commission performs the proprietor’s supervision to the state-owned asset management company. Its supervisory objects are state-owned investment enterprises under its direct management and the state-owned assets management companies that legally managing the state-owned assets by its authorization and also their management layers. The contents of the supervision include the management behaviors of the state-owned asset management companies and the official behaviors of their directors, supervisors and senior managerial personnel. The way of supervision is to appoint the shareholder representatives and supervisors.The state-owned assets management company performs the shareholder’s supervision to its state-owned investment enterprise. The supervisory objects are the state-owned investment enterprises that invested and held by it, i.e, the subsidiary enterprises of the state-owned assets management company, including wholly state-owned companies, wholly state-owned enterprises, state-owned capital holding companies and state-owned capital share companies. The contents of the supervision are the same as the shareholder’s supervision in the common companies. Since the management of the state-owned assets management company is the state-owned assets with some particularity, so there are some particularity as well in its supervision, like the appointment of the directors&supervisors and the accountants&CFO.