Article 2 The Operating Rules are applicable to all behaviors related to transaction deposits of the main bodies of the transactions in property rights transaction processes at the transaction agencies.
Article 3 The transaction deposits as specified in the Operating Rules refer to economic guarantees used by the transaction main bodies who promise to abide by market rules and transaction agreements in the transaction processes as the compensation for related main bodies when there are any behaviors that violate related regulations or agreements.
Article 4 The transferors can request the transaction agencies to set up the transaction deposits when applying for release of property rights transfer information in line with the Operating Rules, and publicly release the time for payment of the deposits, detailed amounts, payment methods, guarantee items and disposal methods, so as to specify the rights and obligations of the both sides and promise to shoulder the compensation responsibilities with the sum equal to the deposits when there are any incompliant behaviors.
Article 5 The transaction agencies shall review the articles regarding the transaction deposits in the Notice on Transfer of Property Rights, keep and manage the deposits, provide services related to settlement of the deposits and dispose the deposits based on the Operating Rules and related agreements.
Article 6 The setup and disposal of the transaction deposits shall follow the principles of transparent, fair, reasonable and suitable.
Article 7 The interested transferees pay the transaction deposits to the special accounts for deposits designated by the transaction agencies in accordance with the requirements in the Notice on Confirmation of the Transferors’ Qualifications issued by the transaction agencies. The interested transferees who fail to pay the transaction deposits within the agreed period shall be deemed as waiver of their qualifications.
Article 8 Amount of the transaction deposits set up by the transferors shall be usually no more than 30% of the listing prices of the transfer objects.
Article 9 The payer shall be responsible for legality of the source of transaction deposits.
Article 10 After signing of the contracts for transactions of property rights by the transferors and the transferees, the transaction deposits paid by the transferees can be changed into the transaction prices in accordance with the agreements. The transaction agencies shall transfer the deposits from the special account for deposits to the settlement accounts for transactions of property rights.
Article 11 The transaction agencies shall refund the original amount of the transaction deposits to corresponding payers within the specific time in any of the following cases.
(1) If the parties involved in the transactions of property rights don’t have any agreements on the using method of the deposits, and the transferees have paid the transaction prices, the paid transaction deposits shall be refunded in full amount within three working days upon the payment of transaction prices or the first payment of the installment payment by the transferees.
(2) The interested transferees are not selected as the transferees and no circumstances described in Article 14 of the Operating Rules appear, the paid transaction deposits shall be refunded in full amount within three working days upon determination of the transferees.
(3) The interested transferees withdraw from the property rights transaction procedures after paying the deposits, and no circumstances described in Article 14 of the Operating Rules appear, the paid transaction deposits shall be refunded in full amount within three working days upon the clear indication of the transferees to waiver the transaction and with the written consent of the transferors.
(4) When the transactions of property rights are paused or terminated, the interested transferees don’t involve in the pause or termination of the transactions of property rights can apply to the transaction agencies for refund of deposits. The transaction agencies shall refund the paid deposits in full amount within three working days upon the application of the interested transferees.
Article 12 After inspiration of the transactions of property rights and the transactions are resumed, the transaction agencies shall timely inform related interested transferees. The interested transferees who have received the refunded deposits shall re-pay the deposits within five working days upon receival of the notice from the transaction agencies. In case that the interested transferees fail to pay the deposits online, the transaction agencies shall abolish its qualifications as the transferees.
Article 13 The transaction agencies shall refund the deposits in original amount and original channel by one time.
Article 14 In any of the following cases, the transferors can use the deposits paid by the interested transferees to claim for compensation from the interested transferees after deducting the transaction organization fees of the transaction agencies and the agency fees of the broker members in accordance with the provisions regarding the disposal of transaction deposits in the Notice on Transfer of Property Rights:
(1) The interested transferees purposely provide unfaithful and untrue materials, resulting in losses of the transferors and transaction agencies;
(2) The interested transferees infringe the legal rights and interests of the transferors by obtain the commercial secrets of the transferors or the transfer objects;
(3) The interested transferees collude with each other to affect fair competition and damage legal rights and interests of the transferors;
(4) The interested transferees don’t progress the transactions or give up the transactions with any specific reasons;
(5) Other circumstances, in which, the deposits are not refunded, as described in the Notice on Transfer of Property Rights;
(6) In case that the interested transferees violate related laws, regulations and rules and result in losses of the transferors, and the deposits are not enough to make up the losses of the transferors, transaction agencies or broker members, the parties whose interests are damaged can claim for additional compensations from the interested transferees who are in fault.
Article 15 The transferors who have any behaviors that violate the regulations and contracts, and thus resulting in losses of the transferees, transaction agencies and broker members, shall shoulder the compensation responsibilities with the transaction deposits set by them. If the deposits are not enough to make up the losses caused by the incompliant behaviors of the transferors, the parties whose interests are damaged can claim for additional compensations from transferors.
Article 16 If the parties of the transactions have reached any agreements on disposal of the transaction deposits, such agreements shall be followed. If the parties of the transactions haven’t reached any agreements or the agreements are not clear, the transaction agencies shall dispose the deposits after negotiation with parties of the transactions in line with the Operating Rules. If the transferors and the transferees have any disputes on disposal of the deposits, the transaction agencies shall proceed the intermediation in accordance with the Detailed Operating Rules for Intermediation of Disputes Arose in Transactions of Property Rights. If the disputes can’t be solved through intermediation, the parties involved can apply for arbitration from the arbitration institutes or bring lawsuits to the people’s courts.
Article 17 If the transaction deposits are paid in foreign currencies, the middle price of the Renminbi exchange rate released under the authorization of the China Foreign Exchange Trading System on the payment day shall be used in the calculation, and regulations on settlement of foreign currencies of the transaction agencies shall be followed.
Article 18 The Operating Rules will take effects as of the promulgation date.