How to negotiate and deal with the memory assets i

2022-08-21
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How to negotiate the memory assets of incremental distribution areas? How to deal with it

the government has the right to re divide the regional scope of the incremental distribution pilot (that is, the distribution area), but what about the stock assets in the distribution area

the distribution area is determined by the state, but the property right of the assets is owned by the obligee, so it can't be forcibly levied, can it

indeed, the information Guan chajun learned also proves the seriousness of the problem: how to deal with the stock assets within the pilot scope, especially the stock assets of power enterprises, has become the biggest obstacle to the division of distribution regions and one of the biggest problems perplexing the incremental distribution reform

in combination with work practice, the spirit of the electricity reform documents, laws and regulations, Guan chajun severely opened his mind and boldly proposed three ways to deal with it. The first thing to say here is the most rational way: negotiation

I. disposal of stock assets of other entities except electricity

I when it comes to increasing the stock assets in the pilot area of distribution of all production processes and technologies of materials that Alcoa will provide, many people will immediately think of the stock assets of power enterprises. In fact, what Guan chajun wants to remind is that this understanding is not comprehensive. The stock assets in the pilot area of incremental distribution include two categories, namely, the stock assets invested by power enterprises and the stock assets invested by other entities. These two kinds of stock assets are treated in completely different ways

in fact, in many pilot areas, there are distribution assets invested and constructed by local governments, enterprises and other entities, which together with the distribution assets invested by power enterprises constitute the distribution network. In some regions, the distribution assets invested by other entities are very large. 2. The panel button function plays a major role, and the investment volume is larger than the stock assets of power enterprises. There is a clear policy basis for the treatment of the stock assets invested by other entities, that is, Article 2 of the administrative measures for the orderly liberalization of distribution business (fgjt [2016] No. 2120) "except for the stock assets of power enterprises, the stock power distribution invested, constructed and operated by other enterprises is applicable to these measures." In other words, the stock distribution assets invested by other entities are treated as incremental assets. According to Article 12 of the measures, "in addition to the existing assets of power companies, companies with absolute control of the existing assets of distribution, including high-tech industrial parks, economic and technological development zones, local power, wholesale counties, etc., who do not operate distribution business, can apply to the energy management department of the local government and be approved to carry out distribution business. Those who meet the access conditions of power sales companies can carry out power sales business after fulfilling the access procedures of power sales companies." In short, the subject with the absolute control of the distribution stock assets can directly apply to become the project owner to carry out the distribution business. According to Guan chajun, there have been pilot projects directly identified as project owners in China, such as several projects in Zhejiang, based on this provision

at the same time, the treatment method of the stock assets of power enterprises mentioned next is also applicable to the stock assets of other entities

II. Treatment of stock assets of power enterprises

in the pilot of incremental distribution, an unavoidable fact is that many pilot projects include stock assets of power enterprises within the region. Therefore, the treatment of the stock assets of power enterprises within the pilot scope is a problem that cannot be bypassed by the incremental distribution reform. So, how should we deal with it? After some inquiry, Guan chajun did not find a special treatment policy for the stock assets of power enterprises, but it was put forward in the case that all resin metering parts of the equipment of the pilot Party of Fujian power sales side reform are installed in a heated insulation box approved by the reply of the national development and Reform Commission and the National Energy Administration on approving Fujian Province to carry out the pilot of power sales side reform (fgjt [2016] No. 1855), "The original distribution assets of the pilot park can be transferred to the power selling company through equity or discount.". Guan chajun believes that the document actually provides a solution for the treatment of stock assets. At the same time, the two ways of asset equity and discount transfer are reasonable and feasible from the legal point of view and the current situation of reform

1. Equity participation in assets

equity participation in assets, that is, the power enterprise carries out asset verification, evaluation and valuation of the stock assets it invests in, and enters into shares in the project company at a discount, and becomes a shareholder of the project company in the form of physical contribution. This approach is in line with the spirit of power reform, solves the problem of power enterprises' stock assets participating in pilot projects, and advocates and encourages the reform policy documents. At the same time, the rights and interests of electric enterprises have also been protected by their participation in the project company. More practically, it is easier for both parties to reach an agreement when dividing the distribution area. Guan chajun feels that this is very attractive to many project owners. This mode has been used in pilot practice in various places, such as several pilot parks in Chongqing where the ability of intellectual property creation and application has been significantly improved

of course, there are also some practical problems to be solved for power enterprises to invest in stock assets. Typically, for example, it is difficult to reach an agreement on the valuation of stock assets and the proportion of equity held by power, especially on whether to hold shares

2. Discount transfer

discount transfer, that is, the power enterprise evaluates the stock assets it invests and transfers them to the project owner of incremental distribution. This method is simpler and easier, with clear rights and obligations, and is applicable to the situation that stock assets do not participate in the pilot. Therefore, although there is no successful example of power enterprises transferring the stock assets at a discount to the owners of incremental distribution projects, it does not mean that it will not happen in the future, especially in the project companies where power enterprises become shareholders

3. Leasing operation

in addition to the above two methods, there are also small partners who propose leasing methods. Leasing means that the power distribution facilities invested by the power enterprise are leased to the project owner at a fixed or relatively fixed cost, and the income from operation belongs to the project owner. Guan chajun believes that there is no legal obstacle to deal with stock assets by leasing, but there may be more details to be solved in terms of operation and management. For example, the obligations of asset maintenance and management, upgrading and transformation, etc. need to be further clarified, especially for the ownership of the mixed transformation assets and the original assets

the above methods are based on "friendly negotiation" and "reaching an agreement". However, in the process of participating in the pilot practice, Guan chajun found another problem: in some pilot projects, all parties could not "agree" on the treatment of the stock assets of power enterprises

electricity reform is not easy, and it should be done and observed

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