竞价处置资产法律实务初探

On Legal Practices of Bidding Sales

企业生产经营过程中不可避免地会有闲置或废弃资产需要处置,资产处置行为必须符合法律、法规、相关政策及企业规章制度规定。现实中资产处置方式大致分为协议出售、正规拍卖、竞价出售三种。三种方式各有利弊,企业自行组织的竞价处置方式因程序便捷、方式灵活、经济高效得到广泛应用,但也存在一定的风险。分析了竞价处置资产过程中方案设置、方案实施两个方面的程序及重要风险点,并提出了规避风险的建议。

Idle or abandoned assets disposal is a common procedure in a company＇s production and operation. Assets disposal should conform to laws and legislations as well as company rules. It primarily consists of three ways of disposal, namely sales on agreements, legal auction and bidding sales and each method has its own pros and cons. For example, bidding sales organized by company itself is widely used due to its simple and flexible procedure, low costs and high efficiency; however the potential risks cannot be neglected. This paper analyzed the procedures and major risks in designing and carrying out bidding sales and also proposed precautions to avoid the risks.