Some standard content:
ICS 03.100.20
Registration No.: 27069—2010
National Trade Industry Standard of the People's Republic of China SB/T10538—2009
Standard for auction of cultural relics and art works2009-12-25Promulgated
Ministry of Commerce of the People's Republic of China
2010-07-01Implementation
1Scope
Terms and Definitions
Basic Principles
Collection of Auction Objects
Auction Commission
Appraisal and Examination of Auction Objects
Safekeeping of Auction Objects
Preparation of Auction Catalogues
Implementation of Auctions
10 Settlement of Auctions and Delivery of Auction Objects….||t t||Dispute resolution,
12 Auction file management
Appendix A (informative appendix)
Appendix B (informative appendix)
Appendix C (informative appendix)
Appendix D (informative appendix)
Consignment auction contract
Bidding agreement
Consignment bidding authorization
Transaction confirmation
SB/T10538—2009
This standard is proposed and managed by the Ministry of Commerce of the People's Republic of China. SB/T10538—2009
Drafting units of this standard: Cultural and Artwork Auction Professional Committee of China Auction Industry Association, Cultural Market Department of Ministry of Culture, and Museum and Social Cultural Relics Department of State Administration of Cultural Heritage.
The main drafters of this standard are: Kou Qin, Liu Ying, Zhang Xinjian, Song Xinchao, Wen Guihua, Du Lexing, Liu Youzheng, Tian Tao, Liu Shuangzhou, Tan Ping, Li Rui, Zuo Peilan.
1 Scope
Cultural Relics and Artworks Auction Rules
This standard defines the basic principles, main procedures and basic requirements for the auction of cultural relics and artworks. This standard applies to all types of commercial auctions of cultural relics and artworks. 2 Terms and Definitions
The following terms and definitions apply to this standard. 2.1
Auction
A method of buying and selling in which a specific item or property right is transferred to the highest bidder in the form of an open bidding. 2.2
Parties to auction
Auctioneer
A corporate legal person engaged in auction activities.
Client
Citizen, legal person or other organization who entrusts the auctioneer to auction items or property rights. 2.5
Bidder
Citizen, legal person or other organization who participates in the bidding for the auction object. 2.6
Object of auction
Object of auction
Item or property rights that the client entrusts the auctioneer to auction. 2.7
Vendee
The bidder who purchases the auction object at the highest bid. 2.8
Auction catalogue
catalogue
Pictures or text materials prepared by the auctioneer before the auction date to introduce the auction object. 2.9
Auction rules
condition of business
Relevant regulations that all parties involved in the auction should abide by. 2.10
contract for authorization of auction
Agreement signed between the auctioneer and the client to establish the auctioneer relationship. 2.11
Preview
The public display of the auction object by the auctioneer in accordance with the law. SB/T10538—2009
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Absentee bid
The service provided by the auctioneer at the request of the bidder to transmit the bidding information on his behalf at the auction site. 2.13
Written confirmation of transaction After the auction is completed, the buyer and the auctioneer signed a written certificate to confirm the fact of the auction transaction. 3 Basic principles
3.1 The auction of cultural relics and artworks shall comply with relevant laws and administrative regulations and follow the principles of openness, fairness, justice, honesty and trustworthiness. 3.2 The auction of cultural relics and artworks shall follow the principle of being conducive to the protection and inheritance of historical and cultural heritage and the dissemination of excellent cultural relics and artworks. 4 Collection of auction objects
4.1 The collection of auction objects shall comply with the relevant national regulations on the scope of auction objects and be consistent with the auction qualifications of the enterprise. 4.2 The auctioneer may publicize its collection activities through appropriate media before collection. The main publicity content includes: collection time, collection location, collection scope and contact information.
4.3 When the auctioneer collects auction objects, it shall arrange relevant professionals to participate in the on-site collection activities and carry a copy of the auctioneer's business license or relevant certificates with official seal.
4.4 When the auctioneer collects auction objects abroad, it shall comply with the relevant national regulations on the entry and exit management of auction objects. 5 Auction entrustment
5.1 Signing of the entrustment auction contract
When the auctioneer accepts the auction entrustment of the client, it shall sign a written entrustment auction contract with the client (see Appendix A). When the auctioneer signs a commission auction contract with the client, the auctioneer shall require the client to provide proof of identity: if the client is a natural person, he shall provide a valid identity card or passport or other valid identity documents recognized by the government of the People's Republic of China; if the client is a legal person or other organization, he shall provide a valid registration document, identity certificate of the legal representative or a legal authorization certificate; if the agent entrusts the auction object, he shall provide a power of attorney and the valid identity documents of the client and the agent. The power of attorney shall state the name or title of the agent, the agency matters, the agency authority and the validity period. When the auctioneer signs a commission auction contract with the client, he has the right to require the client to provide proof of ownership of the auction object or proof that the auction object can be disposed of according to law and other information, and has the right to require the client to explain the source and defects of the auction object. The auctioneer and the client shall accurately, clearly and completely fill in all the contents of the commission auction contract. The commission auction contract with attachments shall indicate the main contract number in the attachments.
The entrusted auction contract shall be made in at least three copies and shall be retained by the auctioneer's financial department, business department and the client respectively. If the entrusted auction contract really needs to be modified, it can be modified directly on the original contract or a supplementary agreement can be signed. If the original contract is modified directly, the contract modification shall be confirmed by the signature or seal of both parties to the contract. 5.2 Management of entrusted auction contracts
The auctioneer shall establish a management system for entrusted auction contracts, track the execution of entrusted auction contracts, take necessary confidentiality measures and properly preserve them.
5.3 Delivery time limit for auction objects
The client shall deliver the entrusted auction objects to the auctioneer two working days before the auction preview as agreed. 5.4 Insurance of auction objects
After the client delivers the auction object to the auctioneer, if the client requests to arrange insurance for the auction object, the auctioneer shall arrange insurance on its behalf and the relevant expenses shall be borne by the client. If insurance is not possible, the two parties shall separately agree on the custody responsibility of the auction object. 2
6 Appraisal and review of auction objects
6.1 Appraisal and review procedures
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6.1.1 Before signing the commission auction contract, the auctioneer shall conduct a preliminary appraisal of the auction objects collected and decide whether to accept the commission based on the appraisal results.
6.1.2 After signing the commission auction contract, if the auctioneer believes that it is necessary to conduct further appraisal of the auction objects, it may conduct the appraisal in accordance with the law. If the appraisal conclusion of the auction object is inconsistent with the status of the auction object stated in the commission auction contract, the auctioneer has the right to request a change or termination of the contract. 6.1.3 The auctioneer shall submit the auction objects of cultural relics to be auctioned to the cultural relics administrative department of the provincial, autonomous regional or municipal people's government where the auction object is located for review in accordance with the law, and determine whether to auction them based on the review opinions. For auction objects that have not passed the review, the auctioneer shall inform the client and terminate the commission auction contract for the object with him.
6.2 Appraisal Records
When the auctioneer appraises the auction object, he shall prepare an appraisal record. The appraisal record shall include the appraisal time, location, appraiser or appraisal institution, appraisal opinions and conclusions.
7 Custody of auction objects
7.1 Basic facilities of the warehouse
The warehouse for auction items should be equipped with appropriate image acquisition, alarm and fire protection systems to meet the basic storage conditions of various auction items. For auction items with special requirements, corresponding waterproof, dustproof, insect-proof, fireproof, anti-theft and other storage facilities should be equipped as appropriate. 7.2 Storage of auction items
When the warehouse stores auction items, reasonable storage methods should be set according to the material, packaging form, quality and safety requirements of the auction items to avoid damage to the auction items.
7.3 Warehouse safety management
7.3.1 Fireworks should be strictly prohibited in the warehouse, and signs prohibiting fireworks should be hung in obvious places. Warehouse safety equipment should be checked regularly, and if there is a fault, it should be repaired and replaced immediately.
7.3.2 The auctioneer should establish a warehouse management system. Non-warehouse management personnel should be present when entering the warehouse with a warehouse manager. All personnel entering the warehouse should not bring personal bags, bags, coats, rain gear, and flammable and explosive items. It is not advisable to use stationery such as pens and ink that may easily stain the auction items in the warehouse. The warehouse manager should check various warehouse facilities before and after work and fill in the inspection record. 7.4 Warehouse Inventory Management
The auctioneer shall establish a regular inventory system for the warehouse and conduct regular inventory of the auction items in stock. If there is a difference between the inventory quantity and the book quantity, the cause shall be immediately identified in conjunction with the relevant departments and handled in a timely manner. When the warehouse manager's position is changed, the transfer of the auction items shall be performed in accordance with regulations. 7.5 Transport Packaging
When the auction items are temporarily shipped out of the warehouse, they should be properly packaged according to the different materials to meet the requirements of short-distance or long-distance transportation. The auctioneer may formulate technical requirements for short-distance and long-distance transportation packaging based on the actual situation and the characteristics of various auction items. 8.1 Before the auction is held, the auctioneer shall prepare an auction catalogue so that all parties concerned can understand the basic information of the auction and the auction items. 8.2 The contents of the auction catalogue shall comply with the review opinions of the government administrative department. For auction items that are prohibited from leaving the country and auction items without a reserve price, the auctioneer shall make special marks in the auction catalogue. The auction catalogue generally includes the following contents: the name of the auction, the time and place of the preview and auction, the auction rules and other contents that the relevant parties should know, the text of the authorization letter for bidding, the auctioneer's contact information and other information, the basic information of the auction items and special instructions. The basic information generally includes the name of the auction item, the author and his birthday, the age, form, texture, size, reference price and other contents.
SB/T10538-2009
8.3 All auction items shall be printed in the auction catalogue, and pictures may be attached as needed. The pictures shall reflect the actual conditions and quality of the auction items as accurately as possible.
8.4 At the request of the bidder, the auctioneer may provide a status report of the auction object as a supplement to the auction catalog. 9 Implementation of the auction
9.1 Declaration and filing
Before the auction is held, the auctioneer shall complete the declaration and filing of the auction with the relevant administrative department in accordance with the requirements of relevant laws and administrative regulations.
9.2 Auction announcement
The auctioneer shall publish the auction announcement seven days before the auction date. The auction announcement shall include the following contents: the time and place of the auction, the auction object or auction session, the preview time and place of the auction object, the procedures to be handled for participating in the auction, the auctioneer's contact information, and other matters that need to be announced.
9.3 Schedule and position setting
The auction schedule usually includes the implementation dates and deadlines of each stage such as press release, auction announcement, auction object preview, on-site auction, financial settlement, and auction object delivery.
The auction should set up major positions such as on-site command, customer reception, security, news reporting, liaison and coordination, and logistics support. 9.4 Preview of the auctioned items
9.4.1 Preview requirements of the auctioned itemsbzxz.net
The auctioneer shall display the auctioned items before the auction and provide the conditions and relevant information for viewing the auctioned items. The display time of the auctioned items shall not be less than two days.
The preview venue shall comply with the national requirements for the exhibition venues of cultural relics and artworks, and the display boards, display racks, lamps, etc. shall comply with national safety standards. The auctioneer may select a professional organization to be responsible for the exhibition area design and exhibition venue layout. 9.4.2 Exhibition venue layout
The auctioneer may set up the following as needed: exhibition venue layout diagram, computer system, communication system, image acquisition system, as well as consultation reception, bidding registration office, settlement office, media reception office, entrusted bidding office, catalog information distribution office, etc. According to relevant national regulations, a safety evacuation diagram shall be set up in a conspicuous place in the exhibition venue. 9.5 Registration of bidders
9.5.1 If the bidder is a natural person, he/she shall provide his/her valid identity document. If the bidder is a legal person or other organization, it shall provide valid registration documents, identity certificate of legal representative or legal authorization certificate. If the bidder entrusts others to handle the bidding registration procedures on his behalf, the agent shall produce a letter of authorization and the valid identity documents of the bidder and agent. The letter of authorization shall state the name or title of the agent, the type and number of the identity document, the agency matters, the agency authority and the validity period. The auctioneer shall check the valid identity document of the agent and make a copy for retention.
9.5.2 The auctioneer and the bidder shall sign a bidding agreement (see Appendix B). The contents of the bidding agreement include: basic information of the bidder and the auctioneer, bidding number, main rights and obligations of both parties in the auction activities, and auction rules. 9.5.3 The bidding number issued by the auctioneer is the only certificate for the bidder to participate in the on-site bidding. 9.6 Bidding on behalf of others and bidding by entrustment
9.6.1 The bidder may participate in the bidding by himself or entrust his agent to participate in the bidding. The bidding results and related legal responsibilities shall be borne by the bidder.
9.6.2 If the bidder entrusts the auctioneer to bid on his behalf, the bidder shall submit a request for entrustment bidding to the auctioneer in the form of the entrustment bidding authorization letter (see Appendix C). If the auctioneer accepts the bidder's entrustment bidding request, it shall set up an entrustment bidding seat at the auction site to provide the bidder with the service of transmitting bidding information on his behalf.
9.7 Auction Site
9.7.1 Venue Requirements
The auctioneer shall reasonably arrange the auction site according to the status of the auction items and the number of bidding number plates issued. SB/T10538—2009
The auctioneer may set up a projection system and an image acquisition system at the auction site, and set up an entrustment bidding seat as needed. The auctioneer shall implement safety and fire prevention measures at the auction site. 9.7.2 Auction Host
The auctioneer shall announce the auction rules and precautions before the auction. In principle, the auctioneer shall auction the auction items in the order of the auction items in the auction catalogue. If there is any adjustment, it shall be explained before the auction. If there is no reserve price for the auction object, the auctioneer shall explain it before the auction. 9.7.3 Reserve Price Rule
If there is a reserve price for the auction object, if the highest bid of the bidder does not reach the reserve price, the bid shall be invalid and the auctioneer shall stop the auction of the auction object.
9.7.4 Auction Transaction
The auction is concluded after the highest bid of the bidder is confirmed by the auctioneer's hammer or other public means of indicating the purchase. After the auction is concluded, the buyer and the auctioneer shall sign the Transaction Confirmation (see Appendix D). 9.7.5 Auction Record
When the auction is conducted, the auctioneer shall prepare an auction record. The auction record shall be signed by the auctioneer and the recorder; if the auction is concluded, it shall also be signed by the buyer.
10 Auction Settlement and Delivery of Auction Object
10.1 Settlement by the Buyer
After the auction is concluded, the buyer shall settle the matters with the auctioneer by presenting the Transaction Confirmation and the Bidding Deposit Receipt. If the buyer entrusts another person to pay on his behalf, the agent shall produce the buyer's power of attorney. The power of attorney shall state the agent's name or title, type and number of identity document, agency matters, agency authority and validity period. The auctioneer shall check the agent's valid identity document and keep a copy.
10.2 Settlement by the principal
After receiving the price paid by the buyer, the auctioneer shall settle with the principal in accordance with the agreement. When the principal entrusts another person to handle the settlement matters, the agent shall produce the principal's power of attorney. The power of attorney shall state the agent's name or title, type and number of identity document, agency matters, agency authority and validity period. The auctioneer shall check the agent's valid identity document and keep a copy. The auctioneer shall perform the obligation of withholding and paying taxes on behalf of the principal in accordance with relevant national tax regulations. 10.3 Withdrawal of the auction object by the buyer
The buyer shall go through the withdrawal procedure with the withdrawal voucher of the auction object. After the buyer withdraws the auction object, the auctioneer shall collect the withdrawal voucher of the auction object on the spot.
When the buyer entrusts another person to collect the auction item, the agent shall produce the buyer's power of attorney and the auction item collection certificate. The power of attorney shall state the agent's name or title, ID type and number, agency matters, agency authority and validity period. The auctioneer shall check the agent's valid ID and make a copy for retention. 10.4 Return of Auction Objects
If the auction object is not auctioned or not sold, the auctioneer shall promptly notify the client to go through the return procedures with valid identity documents and relevant certificates to collect the auction object.
When the client entrusts another person to handle the collection, the agent shall produce the client's power of attorney. The power of attorney shall state the agent's name or title, identity document type and number, agency matters, agency authority and validity period. The auctioneer shall check the agent's valid identity document and make a copy for retention.
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11 Dispute Resolution Methods
When the parties involved in the auction activities have disputes, the following resolution methods may be adopted: a) All parties further negotiate and reconcile;
b) Apply for mediation by a third party;
If negotiation and reconciliation fail, they may appeal to the administrative department for resolution; c
d) All parties reach an agreement and apply for arbitration to the national arbitration institution; e) Filing a lawsuit with the People's Court.
Management of Auction Archives
12.1 Contents of Archives
The contents of archives include:
The auction contract, the certificate of ownership or disposal rights of the auction object provided by the client, and other materials, copies of certificates and licenses, etc., and materials related to the storage, insurance, delivery, etc. of the auction object. Auction announcement, including the newspaper and other news media release media for publishing the announcement, as well as the announcement publication certificate on radio and television. b)
Information on the auction object, including the auction catalog, various pictures, text materials, appraisal records related to the auction object, and approval documents of relevant departments. c)
Images and text materials of the preview and auction site. e)
Bidding registration documents, including the bidding agreement, copies of the bidder's identity certificate, the authorization letter for bidding on behalf of the bidder, and copies of the agent's identity certificate. f) Auction rules, precautions, important statements, etc. Transaction confirmation, auction record, and authorization letter for entrusted bidding. g)
h) Complete account books and other relevant information on the operation of the auction business. 12.2 Management of archival materials
The auctioneer may choose the archival management method on his own. The management methods include: filing archives by auction; filing archives by the content of the materials.
Auction materials shall be true, accurate, complete, and easy to access. Each auction file shall have an archive directory and number. 12.3 Archives retention period
The auctioneer shall properly keep the archival materials. The retention period shall be calculated from the date of termination of the entrusted auction contract and shall not be less than five years. 6
Principal:
Contact person of the principal:
Contact address:
Bank account:
Auctioneer: ×××× Company
Contact address:
Appendix A
(Informative Appendix)
Consignment Auction Contract
Consignment Auction Contract of ×××× Company
Contract No.:
Nationality:
Account number:
Legal representative:
Zip code:
Certificate number:
Representative of the auctioneer:
Telephone:
Zip code:
Fax:
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Telephone:
Fax:
The client and the auctioneer have entered into the following contract with respect to the auction of the auction items listed in Article 7 of this contract: 1. The client irrevocably guarantees to the auctioneer the following auction items: the client owns the ownership or has the right to dispose of the auction items entrusted to him, and the auction of the auction items will not infringe upon the legitimate rights and interests of any third party (including copyright rights), nor violate the provisions of relevant laws and regulations; the client has fully and thoroughly disclosed and explained to the auctioneer the source and defects of the auction items to the best of his knowledge, and there is no concealment or fabrication. If the client violates the above guarantee and causes the auctioneer to suffer losses, the client shall be responsible for compensating the auctioneer for all losses suffered thereby and bear all expenses and expenditures incurred thereby. 2. The client authorizes the auctioneer to display the auction items in various forms related to the auction, and to print and produce auction catalogs and various promotional materials.
3. The client may withdraw the auction item at any time before the auction date by giving the auctioneer a written notice stating the reason. However, when withdrawing the auction item, if the catalog or other promotional materials in which the auction item has been included have begun printing, the client shall pay an amount equivalent to % of the insurance amount of the auction item and other expenses. If the catalog or any other promotional materials have not yet been printed, the client shall also pay an amount equivalent to % of the insurance amount of the auction item and other expenses. 4. The client guarantees that he will not participate in and will not entrust others to participate in the bidding for the auction item he has entrusted. If he violates this guarantee, the client shall bear the corresponding legal liability and compensate the auctioneer for all losses caused by this. 5. Unless otherwise instructed in writing by the client, after the client and the auctioneer enter into this contract and deliver the auction item to the auctioneer, all auction items will be automatically insured by the auctioneer's insurance, and the insurance amount shall be based on the reserve price (if there is no reserve price, the insurance amount agreed on the auction item shall be based; if the auction reserve price is adjusted, the adjusted reserve price shall be based). Any damage or loss of the auction object caused by an event or disaster covered by the insurance purchased by the auctioneer for the auction object shall be handled in accordance with the relevant insurance laws and regulations of the People's Republic of China. After the auctioneer makes a claim to the insurance company and obtains insurance compensation, he shall pay the balance of the insurance compensation minus the auctioneer's fees (excluding commission) to the client.
VI. Catalog Fee Collection Standard: Full Page RMB Page RMB
VII. The entrusted auction objects are as follows:
Catalog Number Serial Number Author/Year
Yuan; 1/2 Page RMB
Texture Form Size/cm
Yuan; 1/3 Page RMB
Current Status of Auction Object
Yuan; 1/4
Reserve Price/YuanOthers
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VIII. The client agrees to pay the commission and fees to the auctioneer in accordance with the following standards: Auction Object Transaction
Insurance Premium
Catalog Fee
Transaction Price
Transaction Price
RMB
Yuan/item
Unsold auction items
Insurance
Reserve price
Bed sale handling fee
Reserve price
Catalogue fee
RMB
Yuan/item
Other fees
Bed/mirror frame/casket/repair/cleaning
Appraisal fee of Cultural Relics Bureau
RMB
RMB
Yuan/item
Yuan/item
IX. If the auctioneer deems it necessary to appraise the auction items listed in Article 7 of this contract, he may do so. If the appraisal conclusion is inconsistent with the status of the auction items specified in this contract, the auctioneer has the right to change or terminate this contract. If the auction object is not auctioned for any reason, the auctioneer shall notify the client in writing before the auction begins, and the client shall take back the auction object within thirty days from the date of receipt of the notice from the auctioneer. If the above period is exceeded, the auctioneer has the right to charge an additional storage fee of one ten-thousandth of the reserve price for each item exceeded, and handle it in accordance with the provisions of the auction rules.
10. The auctioneer has the right to decide on the auction date, auction session, auction location and content description in the auction catalogue of the auction object listed in Article 7 of this contract.
11. According to the government's tax regulations, the auctioneer will withhold taxes and fees payable by the client. 12. After the auction object is sold, if the buyer has paid the full purchase price in accordance with the provisions of the "Auction Rules of ×××× Company", the auctioneer shall pay the remaining balance after deducting the commission and various fees payable by the client in the form of
||35 days after the auction is sold.
13. Special Agreement: 1.The insurance amount of the above-mentioned work No.
without reserve price
is
14. This contract shall take effect from the date of signing and terminate on the date when the rights and obligations of both parties are fulfilled. If the auction object is not sold, the client shall take back the auction object at his own expense within thirty days from the date of receiving the notice of collection from the auctioneer, and pay the unsold handling fee and other fees to the auctioneer. If the above-mentioned period is exceeded, the auctioneer has the right to charge an additional storage fee of 1/10,000 of the reserve price for each day exceeded, and handle it in accordance with the provisions of the auction rules.
15. This contract and the attachments to this contract are an indivisible whole, signed by both parties respectively, and have the same legal effect. 16. If the provisions of this contract are inconsistent with the relevant provisions of the "Auction Rules of ××XX Company", the provisions of this contract shall prevail; for matters not stipulated in this contract, the client and the auctioneer shall implement the relevant provisions of the "Auction Rules of ×××× Company" implemented when signing this contract. The "×××× Company Auction Rules" implemented when signing this contract are detailed on the back of this contract and are an integral part of this contract. 17. For any disputes related to this contract, the relevant parties have the right to file a lawsuit with the People's Court at the place of residence of the auctioneer. The laws of the People's Republic of China shall apply to the settlement of such disputes.
18. This contract is signed by both parties on,
Consignor (signature):
year month day.
Auctioneer (signature):
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