Mining equity

1. The system of examination, approval and change registration is also applied to the transfer of mining rights in China< The Department in charge of Geology and mineral resources under the State Council and the Department in charge of Geology and mineral resources under the people's governments of provinces, autonomous regions and municipalities directly under the central government are the examination and approval authorities for the transfer of exploration and mining rights
for various forms of transfer of mining rights, both parties to the transfer must apply to the registration authority and go through the change registration proceres after examination and approval. The mining right holder shall not transfer the mining right to another person for mining and operation by means of contracting. If it is necessary to sell part of the mining right, an application for the separation of the mining right must be submitted to the registration authority before applying for the sale, and the registration proceres for the change of the mining right shall be handled after approval. In principle, the mining right shall not be transferred in part.

2. Hello
equity transfer is a kind of civil legal act in which the company's shareholders transfer their shareholders' rights and interests to others with compensation in accordance with the law, so that others can obtain equity
the transfer of mining right means that when the mining right holder needs to change the subject of mining right e to the merger and division of the enterprise, joint venture or cooperative operation with others, the sale of enterprise assets and other changes in asset property rights, the mining right can be transferred to others for mining with the approval of law
when transferring mining rights, the following conditions should be met: (1) the mining enterprise has been in mining proction for at least one year; ② The ownership of mining right is not disputed; ③ In accordance with the relevant provisions of the state, pay mining right use fee, mining right price, mineral resource compensation fee and resource tax; ④ Other conditions stipulated by the competent department of land and resources under the State Council. When transferring the mining right, the transferor of the mining right shall submit the following materials to the examination and approval authority: (1) application for transfer of the mining right; ② The assignment contract signed by the assignor and the assignee; ③ Certification documents of the qualifications of the transferee; ④ Other relevant materials required by the examination and approval authority
after being approved by the examination and approval authority, go to the mining registration authority to cancel the transferor's mining license and apply for a mining license. Once the mining right is transferred, its rights and obligations will be transferred accordingly
if you can ask more specific questions, you can give more detailed answers.

3. Equity pledge and mining right pledge are two different forms of guarantee. Relatively speaking, mining right pledge is more valuable.

4. Equity, creditor's rights and mining rights can be invested at a fixed price, but there is no clear legal basis for operation right and lease right.

5. Exploration right refers to the right to explore mineral resources within the scope of Tencent exploration license obtained according to law. The natural person, legal person or other economic organization that obtains the exploration right from the public according to law is called the exploration right holder. It belongs to the category of real right, which is derived from the national ownership of mineral resources.

6. It should be analyzed in detail
1. The proportion of introced investors is less than 50%, and the original shareholders and the number of shares remain unchanged, so I think it is not suitable to be regarded as the transfer of mining rights
2. If the original shareholder sells more than 50% of the company's equity to the new shareholder, it can be considered that the actual controller of the company has changed

you need to be reminded that mining rights can be transferred according to law.

7. 1. The following conditions should be met when the mining right is allowed to be transferred:
(1) it has been put into mining proction for at least one year (after the mining right applicant obtains the mining license, if a new enterprise is established e to joint venture or cooperation with others for mining, it is not subject to this condition)
(2) the mining right price has been disposed of in accordance with the provisions
(3) the ownership of mining right is not disputed< (4) no illegal mining
(5) the mining right holder has fulfilled his legal obligations
(6) other conditions stipulated by the state and autonomous region< Before applying for the transfer of mining rights, state-owned mining enterprises should obtain the approval of the competent department of mining enterprises
the transferee of the transfer of mining right shall have the legal personality of an independent enterprise, and the registered capital of the enterprise shall not be less than 30% of the total investment in the mine construction measured by the approved plan for the development and utilization of mineral resources. If a foreign-invested enterprise applies for the mining right of restricted minerals, it shall issue the project approval document of the relevant department
the coal mining right shall not be transferred without authorization; If the transfer is really necessary, it must be approved by the people's Government of the autonomous region, and the competent department of land and resources of the autonomous region can go through the relevant proceres< (1) the price of the mining right and other related expenses have been paid in accordance with the provisions
(2) the ownership of mining right is not disputed
(3) the mining right has not been detained or sealed up by the judicial authorities< (4) the mortgage of mining right does not exceed the validity period of mining license
(5) the mining right is not in the state of mortgage filing or the creditor has reached an agreement on the compensation relationship
3. In case of equity transfer of a company with mining rights, according to the administrative measures of exploration rights and mining rights of Xinjiang Uygur Autonomous Region (xzbf [2007] No. 229), if the investment subject of mining rights changes, it shall be handled in accordance with the provisions on transfer of mining rights
4. To inquire about the mortgage, sealing up and freezing of mining right, only the public, procuratorial and legal departments are allowed to issue relevant investigation certification materials, or the mining right owner is allowed to issue relevant certification materials when inquiring about the mining situation of the enterprise. After the office of the Department of land and resources agrees with the inquiry opinions, the inquiry proceres can be handled< (1) the conditions for the transfer of exploration right are as follows: the geological survey report has been reviewed and filed by the mineral resources and reserves evaluation institution of the autonomous region, and the whole region should reach the standard level of general survey and exploration; The minimum exploration investment stipulated by the autonomous region has been completed; The price of the exploration right has been disposed of in accordance with the provisions; There is no dispute about the ownership of exploration right; No illegal exploration; The exploration right holder has fulfilled his legal obligations
(2) the autonomous region has no regulations on the mortgage of exploration rights
(3) the administrative measures of exploration right and mining right of the autonomous region (xzbf [2007] No. 229) stipulates that if the investor changes, the exploration registration proceres shall be handled in accordance with the provisions on the transfer of exploration right. Therefore, in case of equity transfer by the mining right company, if the investor changes, the alteration proceres of exploration right transfer should be handled
(4) business offices can only handle business queries approved and approved by the office of the Department of land and resources of the autonomous region. Please get the approval of the office of the Department of land and resources before handling the inquiry proceres
if you still have any questions about this problem, you can participate in the pre license training organized by the Department of land and resources of the autonomous region for on-site consultation. The training information can be found in the "notice" column of the portal website of the Department of land and resources of the autonomous region.

8. For the transfer of mining rights in various forms, both parties to the transfer must apply to the registration authority and go through the registration proceres after examination and approval. The mining right holder shall not transfer the mining right to another person for mining and operation by means of contracting. It needs to be sold in part