What is the legal liability of an assessment agency for violating the law?

Core tip: Legal responsibility of appraisal agencies and appraisers in urban housing expropriation If a real estate appraisal agency or real estate appraiser issues a false or materially erroneous appraisal report, the issuing authority shall order it to make corrections within a time limit, give a warning, and impose a fine of not less than 50,000 yuan but not more than 200,000 yuan on the real estate appraisal agency. Legal Liability of Appraisal Institutions and Appraisers in Urban Housing Expropriation If a real estate appraisal agency or a real estate appraiser issues a false or materially erroneous appraisal report, the issuing authority shall order it to make corrections within a time limit, give a warning, and impose a fine of not less than 50,000 yuan but not more than 200,000 yuan on the real estate appraisal agency, and a fine of not less than 10,000 yuan but not more than 30,000 yuan on the real estate appraiser, and record it in the credit file; where the circumstances are serious, revoke qualification certificates and registration certificates; if losses are caused, they shall be liable for compensation in accordance with law; where a crime is constituted, criminal responsibility is pursued in accordance with law.

It depends on the specific situation, generally the assessment of carelessness is a warning, and there are other fines, accountability, dealing with relevant personnel, etc. If you want to find a formal evaluation unit, you try this platform, search on the Alipay homepage or WeChat applet: run Zhengtong, click on the evaluation report after entering, fill in the information, and then there are many firms to choose from, and you can handle it when you place an order.

The general assessment of carelessness is a warning, and there are also fines, accountability, dealing with the relevant personnel, etc. If you want to find a formal evaluation unit, you try this platform, search on the Alipay homepage or WeChat applet: "Qichu", click on the evaluation report after entering, fill in the information, and then there are many firms to choose from, and you can speed up the processing when you place an order.

If the client believes that the appraisal institution or appraisal professional has carried out business in violation of the law, it may make a complaint or report to the relevant appraisal administrative department or the industry association. Article 31 of the Asset Appraisal Law of the People's Republic of China The client believes that the appraisal agency or appraisal professionals carry out business illegally, and may complain or report to the relevant appraisal administrative department or industry association, and the relevant appraisal administrative department or industry association shall promptly investigate and deal with it and reply to the client. Article 47: In any of the following circumstances, if an assessment institution violates the provisions of this Law, it shall be given a warning by the relevant or spine assessment administrative department, and may be ordered to suspend business for not less than one month but not more than six months; where there are unlawful gains, the unlawful gains are to be confiscated, and a fine of between 1 and 5 times the unlawful gains is to be given; where the circumstances are serious, the administrative department for industry and commerce shall revoke the business license; where a crime is constituted, criminal responsibility is pursued in accordance with law.

1) Taking advantage of the convenience of conducting business to seek improper benefits;

2) Allowing other institutions to conduct business in the name of that institution, or fraudulently using the name of another institution to conduct business;

3) Soliciting business by improper means such as viciously lowering prices, paying kickbacks, false publicity, or derogating or slandering other assessment bodies;

4) Accepting business in which they have an interest;

5) Separately accepting the entrustment of both parties to a conflict of interest to conduct an assessment of the same assessment object;

6) Issuing an assessment report with major omissions;

7) Failure to keep assessment files within the time limit provided for in this Law;

8) Hiring or designating persons who do not comply with the provisions of this Law to engage in assessment operations;

9) Negligent management of the body's assessment professionals, causing negative consequences. If the assessment institution fails to file in accordance with the provisions of this Law or does not meet the conditions provided for in Article 15 of this Law, the relevant assessment administrative department shall order corrections; and where corrections are refused, they are to be ordered to suspend operations, and may be concurrently fined between 10,000 and 50,000 RMB. Article 48 If an assessment institution violates the provisions of this law by issuing a false assessment report, the relevant assessment administrative department shall order it to suspend business for not less than six months but not more than one year; where there are unlawful gains, the unlawful gains are to be confiscated and a fine of between 1 and 5 times the amount of the unlawful gains is to be given; where the circumstances are serious, the administrative department for industry and commerce shall revoke the business license; where a crime is constituted, criminal responsibility is pursued in accordance with law.

The provisions of the state-owned assets appraisal mainly include: "State-owned assets appraisal management measures" (*** order No. 91), "state-owned assets appraisal management measures implementation rules" (state-owned assets sales office 1992

No. 36), "General Office of the Ministry of Finance on the reform of the state-owned assets appraisal administrative management to strengthen the assets appraisal supervision and management of the notice" (Guo Ban Fa 2001 No. 102), "state-owned assets appraisal management of several issues" (Ministry of Finance Order 2001 No. 14), "state-owned assets appraisal project approval management measures" (finance and enterprises 2001

No. 801), "Measures for the Administration of the Filing of State-owned Assets Appraisal Projects" (Cai Qi No. 2001 802), "Measures for Random Inspection of State-owned Assets Appraisal Projects" (Cai Qi No. 2001 No. 803).

First, the form of state-owned assets appraisal agency.

The appraisal body shall, in accordance with the law, adopt the form of partnership or company to employ appraisal professionals to carry out appraisal business.

An appraisal agency in the form of a partnership shall have more than two appraisers; More than two-thirds of its partners shall be appraisers with more than three years of work experience and have not been punished for suspension of practice in the last three years.

The appraisal agency in the form of a company shall have more than eight appraisers and two or more shareholders, of which more than two-thirds of the shareholders shall be appraisers with more than three years of experience and have not been punished for suspension of practice in the last three years.

If there are two partners or shareholders of an appraisal institution, both partners or shareholders shall be appraisers with more than three years of experience and have not been punished by the suspension of practice in the last three years.

Second, how to conduct business of state-owned assets appraisal institutions.

The assessment agency shall conduct its business independently, objectively and impartially in accordance with the law, establish and improve the quality control system, and ensure that the assessment report is objective, truthful and reasonable.

The assessment body shall establish and improve the internal management system, supervise the compliance of the assessment professionals of the institution with laws, administrative regulations and assessment standards, and be responsible for their professional conduct.

The assessment body shall accept supervision and inspection in accordance with the law, and truthfully provide the assessment file and relevant information.

If the client refuses to provide or does not truthfully provide the ownership certificate, financial and accounting information and other materials required for the execution of the appraisal business, the appraisal agency has the right to refuse its request to perform the contract in accordance with law.

If the client requests the issuance of a false assessment report or has other circumstances that illegally interfere with the assessment results, the assessment agency has the right to terminate the contract.

Summary. Hello dear, the assessment company can find the assessment administrative department for violations.

The relevant appraisal administrative departments of the people's ** at or above the level of cities divided into districts shall, in accordance with their respective duties, be responsible for supervising and managing the appraisal industry, implement administrative penalties for the illegal acts of appraisal institutions and appraisal professionals in accordance with the law, and promptly report the punishment to the relevant appraisal industry associations, and disclose them to the public in accordance with the law.

Article 41 stipulates that the appraisal administrative department shall supervise and inspect the relevant appraisal industry associations, and shall promptly investigate and deal with the problems found in the inspection and the complaints and reports against the associations.

Evaluate what department the company is looking for in violation of regulations.

Hello dear, the assessment company can find the assessment administrative department for violations. The relevant appraisal administrative departments shall, in accordance with their respective duties, be responsible for supervising and managing the appraisal industry, and impose administrative penalties on the appraisal institutions and appraisal professionals for violating the law, and promptly report the destruction of the penalty liquid to the relevant appraisal industry associations, and disclose it to the public in accordance with the law. Article 41 stipulates that the appraisal administrative department shall supervise and inspect the relevant appraisal industry associations, and shall promptly investigate and deal with the problems found in the inspection and the complaints and reports against the associations.

We are in Malong District, Qujing City, Yunnan Province, and we need to report and complain to our unit.

Find your local assessment administration.

Legal analysis: If the client believes that the appraisal agency or appraisal professional has carried out business in violation of the law, it may file a complaint or report to the relevant appraisal administrative department or industry association.

Legal basis: "People's Republic of China Asset Appraisal Law" Article 31 If the client believes that the appraisal agency or appraisal professionals carry out business illegally, they may complain or report to the administrative department or industry association of the appraisal department, and the relevant appraisal and appraisal administrative department or industry vertical association shall promptly investigate and deal with it, and reply to the client.

Legal analysis: China Hongtuan Asset Appraisal Association, Real Estate Appraisers Association, Land Appraisers Association. It depends on the type of assessment report.

Legal basis: Law of the People's Republic of China on State-owned Assets of Enterprises Article 47 The merger, division, restructuring or transfer of major property of a wholly state-owned enterprise, a wholly state-owned company and a state-owned capital holding company shall be subject to the law of foreign investment or liquidation with non-monetary property; In other cases, the administrative regulations and the articles of association of the enterprise shall provide that the relevant assets shall be assessed in accordance with the provisions. Wholly state-owned enterprises, wholly state-owned companies and state-owned capital holding companies shall entrust a qualified asset appraisal agency established in accordance with the law to conduct asset appraisal; If it involves matters that should be reported to the institution performing the duties of the investor for decision, the situation of the entrusted asset appraisal agency shall be reported to the institution performing the duties of the investor.