The equity of a shareholder of one company was transferred to another company, which was authorized by the general manager to sign the resolution of the Board of Directors on behalf of the shareholders. However, the chairman of the company said that he was "ignorant" of the equity transfer and reported that the general manager was "suspected of job occupation".
This company is Hunan Yunda Real Estate Development Co., Ltd. (hereinafter referred to as "Hunan Yunda Company"). The general manager is Wang Yongyun and the chairman is Wang's brother Wang Xinyun.
Wang Xinyun, the billionaire's younger brother, suddenly discovered that Wang Yongyun, his elder brother, had transferred the equity of Hunan Yunda Real Estate to his son's name by means of private seal carving, forged documents and forged signatures, and two land assets worth hundreds of millions of yuan were also embezzled by Wang Yongyun. Wang Xinyun immediately reported the case to Yueyang Building Branch of Yueyang Public Security Bureau, accusing Wang Yongyun of taking advantage of his position to embezzle all the shares of Hunan Yunda Real Estate Development Co., Ltd. held by Yueyang Yunda. After investigation by the Louqu Public Security Bureau, the case will not be filed. CCTV's legal report also reported the case.
This farce of brothers turning against each other was put on CCTV's legal report on July 26th. The younger brother reported that his brother had encroached on his property, which caused him to become a poor man who lived on the support of his friends, causing an uproar in society. My brother immediately countered, and opened Sina Weibo's "@ Wang-Yong Yun" to make a statement, accusing Wang Xinyun of confusing the audience with black and white in the program, and he was going to defend his rights and save his reputation.
On the afternoon of August 15th, Wang Yongyun told the reporter that he had just filed a lawsuit in Yueyanglou District Court, demanding his younger brother Wang Xinyun to apologize, eliminate the influence and restore his reputation in legal report and other media.
Wang Xinyun reported everywhere and the exposure of CCTV's legal report also attracted the attention of many departments in Yueyang. This morning, in the political department of the Yueyang Lou District Procuratorate, a person in charge of Chen told reporters that this matter has attracted the attention of the Yueyang Municipal Law Committee and the Yueyang Municipal Procuratorate is investigating the case. On the afternoon of August 16th, Zhou Wei, head of the Foreign Investment Section of Yueyang Industrial and Commercial Bureau, also told the reporter that the Municipal Bureau had started to investigate this matter. Under normal circumstances, there would be a result within two months.
Cause:
The company is insolvent, and the business license of its shareholders' unit has been revoked
To clearly understand the cause and effect of this matter, we have to start from the 198s.
Wang Yongyun, born in p>1958, was born in Nantong, Jiangsu Province. In the early 198s, he came to Hunan from his hometown, where he became a married man. He spoke standard Mandarin, but he still controlled the taste of his hometown and didn't eat spicy food. However, he seems to be integrated into the "Xiang Shang" lineage. As early as 1988, he led the "Xiang Jun" to Hainan to develop real estate and became the "Xiang Jun" leader in the real estate industry in China. In that year, he was already "the youngest place-level cadre in Hunan".
In p>1989, Wang Yongyun served as Deputy Secretary-General of the Overseas Friendship Association of the United Front Work Department of Changsha Municipal Committee, in charge of the United Front Work Economic Work, and concurrently served as the chairman of Changsha Overseas Industrial Company directly under the United Front Work Department.
in August p>1992, Wang Yong Yunhe and Ang Lee Guang, then secretary general of Hunan Provincial Committee of china zhi gong party, negotiated and established Yueyang Yunda Real Estate Development Co., Ltd. (hereinafter referred to as Yueyang Yunda Company), with Li Anguang as the chairman, Liang Bingbiao, vice chairman of Hunan Provincial Committee of china zhi gong party, as the vice chairman, and Wang Xinyun as the general manager and legal representative of the company. The company consists of three shareholders: Changsha Overseas Industrial Company, Changsha Taiwan Compatriot Industrial Corporation and Hunan Haihua Industrial Company.
on November 16th of the same year, Yueyang yundafang co., ltd. established Hunan yunda real estate development co., ltd. (hereinafter referred to as "Hunan yunda company") together with BOC technology development co., ltd. and Hong Kong Xinyi firm, with Wang Xinyun as legal representative and chairman, and Wang Yongyun as director and general manager. Less than a month after its establishment, Hunan Yunda Company borrowed 12 million yuan from Bank of China Yueyang Branch and purchased 1 mu of land in Yueyang.
"None of the three shareholders of Hunan Yunda Company has registered capital, but they have obtained a business license with a certificate issued by Yueyang Branch of China Bank." On August 12, 213, Wang Yongyun told reporters, "At that time, the country had not yet promulgated the Company Law, and it was very easy to start a company."
in p>1994, the new national policy did not allow the party and government and banks to set up companies. Bank of China Technology Company with banking background withdrew its shares and transferred its equity to Yueyang Yunda Company at zero price, but it did not go to the industrial and commercial department to change its registration for ten years. At this time, the shareholders of Hunan Yunda Company are only Yueyang Yunda and Hong Kong Xinyi Firm. Because the land purchased by the company has not been completed by the government, and there is no capital development, the company has been in a state of stagnation.
In 1997, Yueyang Branch of China Bank received loans according to law. From the loan of 12 million yuan in 1992 to 1997, Hunan Yunda Company owed about 2.47 million yuan in principal and interest. After trial and execution by Yueyang Intermediate People's Court, about 1 mu of land of Hunan Yunda Company and all office articles such as sofas, desks and telephones were used to pay off debts and executed to the bank.
"After all the company's assets have been executed, it still owes the bank more than 4 million yuan. At this point, Hunan Yunda Company has nothing left, only a shell company with a business license, but insists on annual inspection, only to retain the company's development qualification. " Wang Yongyun said.
In December p>23, Yueyang Yunda Company was revoked its license. In April of the same year, Bank of China Yueyang Branch auctioned the above 1 mu of land, and Yueyang Tonghua Real Estate Development Co., Ltd. (hereinafter referred to as "Yueyang Tonghua Company"), in which Wang Yongyun participated, made a bid.
contradiction:
the legal representative of the company's equity change is unaware
the contradiction between brothers broke out continuously in 212.
In p>212, Wang Xinyun found a Resolution of the Board of Directors of Hunan Yunda Company in Yueyang Industrial and Commercial Bureau, which had forged his signature, but according to him, he was "not there at all, didn't know it, and no one informed me".
The core content of this Resolution of the Board of Directors is that Hunan Yunda Company has changed its shareholders and legal representative. All the shares of Yueyang Yunda Company in Hunan Yunda were transferred to Wang Yongyun's Yueyang Tonghua Company as the legal representative, but as the chairman of Hunan Yunda Company, he was "unaware of this matter".
"In fact, this so-called signature only satisfies the form of Yueyang Industrial and Commercial Bureau's share conversion, and has no substantive significance." Wang Yongyun dispelled doubts.
In Wang Yongyun's view, Hunan Yunda Company at that time was a shell company with no office building, no registered capital, no projects and a debt of more than 1 million yuan. At this time, Yueyang Tonghua Company took the land to invest in Hunan Yunda Company and asked the office staff to sign the Resolution of the Board of Directors on behalf of it in order to improve the company's ownership and equity clarity and solve the dilemma of the company without projects, registered capital and office space.
But Wang Xinyun doesn't think so. As the legal representative of the company, he is "unaware" of the company's equity change. He thinks that asking Wang Yongyun to be the general manager is "the biggest neglect in my life. I believe everything he says, because he is my brother, I wonder what he is doing".
Truth:
Industrial and Commercial Bureau file: The shareholder's unit license was revoked and agreed to the equity change. What happened? Yueyang City Administration for Industry and Commerce can agree to the equity change when the business license of the shareholder unit is revoked? The reporter saw some clues in Hunan Yunda Company's Application for Change Registration of Foreign-invested Enterprises read by Yueyang Industrial and Commercial Bureau. Page 52 is a letter from Hunan Provincial Committee of Zhi Gong Dang, the competent unit of Yueyang Yunda Company, to Yueyang Industrial and Commercial Bureau: the company's operating funds, business activities, bonds and debts are actually provided, operated and undertaken by Wang Yongyun, and the legal representative Wang Xinyun is appointed by Wang Yongyun. Page 51 is a Report on Our Company's Application for Shareholder's Equity Change submitted by Hunan Yunda Company to Yueyang Industrial and Commercial Bureau. The last sentence of the Report reads as follows: Yueyang Yunda Company failed to handle the annual inspection of the enterprise in 22 as required, and its license was revoked by your bureau, which made it impossible for our company to handle the registration of shareholder's equity change. Please consider our actual situation, and Wang Yongyun will sign the registration of shareholder's equity change on behalf of Yueyang Yunda Company. Yueyang City Administration for Industry and Commerce Registration Sub-bureau signed the opinion that "the enterprise reflected the true situation and agreed to the application of the unit, and reported it to the Regulation Department for examination and approval" and stamped it with the official seal. The Policy and Regulation Department signed the opinion that "the situation is true and relevant procedures can be considered" and stamped it with the official seal. Up to now, Wang Xinyun, who looks simple and honest, thinks that the biggest dereliction of duty is that he "trusts people too much", which leads to such a situation. I thought I had a good relationship with my brother since I was a child. "I think his ability is stronger than mine."
Police response:
Police: There is no illegal possession of property, so there is no need to bear criminal responsibility. As a result, Wang Xinyun began to accuse his eldest brother, Wang Yongyun, of embezzlement of his assets. From the government to the media, it went round and round, including Yueyang police and Red Net Forum. A document obtained by the reporter on "Handling the Case of Wang Yongyun's Suspected Occupation" by Yueyang Building Branch of Yueyang Public Security Bureau shows that Yueyang police have been conducting investigations since the first half of 212. On January 25, 213, Tang Wenfai, executive deputy director of Yueyang Public Security Bureau, presided over and organized the legal affairs, economic investigation, inspection detachment, discipline inspection department of the Municipal Bureau and the legal brigade and case handling unit of Yueyang Tower Branch to hold a case analysis meeting. The police finally concluded that according to Article 271 of the Criminal Law, Wang Yongyun had no intention of illegal possession (equity) in charge, and the case was not filed for three reasons: 1. Wang Yongyun had no intention of illegal possession subjectively. Yueyang Yunda Company's license was revoked in December 23, and BOC Technology Company ceased to exist in 1995. The actual person in charge of Hunan Yunda Company is Wang Yongyun, who is the legal representative of Yueyang Tonghua Company. Wang Yongyun transferred the equity of Yueyang Yunda Company to Yueyang Tonghua Real Estate Company, which had no subjective purpose of illegal possession. 2, objectively unable to audit and evaluate its equity market value. Before Wang Yongyun changed the legal representative and shareholders, the company had no assets, and still owed China Bank Yueyang Sub-branch more than 3 million yuan. Neither Wang Yongyun nor Wang Xinyun could provide the company's accounts, so they could not audit and evaluate the stock market value. 3. Judging from the capital verification of Hunan Yunda Company, its constituent companies, including Yueyang Yunda, Changsha Zhongyin Technology and Hong Kong Xinyi Commercial Bank, have not actually contributed capital. Although Wang Xinyun is the legal representative, the actual person in charge of the company is Wang Yongyun.