The whole story.
When the shares of a shareholder of one company are transferred to another company, the general manager shall authorize the shareholders to sign the resolutions of the board of directors. However, the chairman of the company said that he was "unaware" of the equity transfer and reported that the general manager was "suspected of job occupation".
The company is Hunan Dayun Real Estate Development Co., Ltd. (hereinafter referred to as "Hunan Dayun Company"). The general manager is Wang Yongyun and the chairman is Wang's younger brother.
Wang Xinyun, the younger brother of the billionaire, suddenly discovered that his brother Wang Yongyun had transferred the equity of Hunan Dayun Real Estate to [1] and his son's name by forging official seals, documents and signatures, and two pieces of land assets worth hundreds of millions of yuan were also embezzled by Wang Yongyun. Wang Xinyun immediately reported the case to Yueyanglou Branch of Yueyang Public Security Bureau, accusing Wang Yongyun [1] of taking advantage of his position to embezzle all the shares of Hunan Dayun Real Estate Development Co., Ltd. held by Yueyang Dayun. After investigation by Louqu Public Security Bureau, the case will not be filed. CCTV's legal report also reported the case.
On July 26th, this farce of brothers turning against each other was put on the legal report of CCTV. The younger brother reported that his brother had encroached on his property, which turned him from a "billionaire" to a poor man living on the help of his friends, causing an uproar in society. My brother immediately countered, and opened Sina Weibo's "@ Wang-Yongyun" to make a statement, accusing Wang Xinyun of confusing the audience in the program, and he wanted to defend his rights and save his reputation.
On the afternoon of August 15, 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 the media such as the legal report column.
Wang Xinyun reported everywhere, and the exposure of CCTV legal reports 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 16, Zhou Wei, head of the Foreign Investment Section of Yueyang Industrial and Commercial Bureau, also told reporters that the Municipal Bureau had begun to investigate the matter. Under normal circumstances, the results will be available within two months. "
Reason:
The company is insolvent, and the business license of its shareholder unit is revoked.
To understand the ins and outs of this matter, we have to start from the 1980 s.
Wang Yongyun, 1958, a native of Nantong, Jiangsu. In the early 1980s, he came to Hunan from his hometown and got married there. He speaks standard Mandarin, but he still controls the taste of his hometown and doesn't eat spicy food. But he seems to be integrated into the bloodline of "Xiang Shang". As early as 1988, he led Xiang Jun to develop real estate in Hainan, and became the leader of Xiang Jun in China real estate industry. At that time, he was already "the youngest departmental cadre in Hunan".
From 65438 to 0989, Wang Yongyun served as the 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.
1In August, 1992, Wang Yongyun and Ang Lee Guang, then Secretary General of Hunan Provincial Committee of china zhi gong party, negotiated to establish Yueyang Real Estate Development Co., Ltd. (hereinafter referred to as Yueyang Company), with Li as the chairman and Liang Bingbiao, vice chairman of Hunan Provincial Committee of china zhi gong party, as the general manager and legal representative. The company consists of three shareholders: Changsha Overseas Industrial Company, Changsha Taiwan Province Compatriot Industrial Company and Hunan Haihua Industrial Company.
In the same year, 1 16 10/6, Yueyang yundafang company, BOC technology development company and hong kong Xinyi commercial bank established Hunan dayun real estate development co., ltd. (hereinafter referred to as "Hunan dayun company"), with Wang Xinyun as legal representative and chairman, and Wang Yongyun as director and general manager. Less than a month after its establishment, Hunan Dayun Company borrowed120,000 yuan from Bank of China Yueyang Branch and bought 100 mu of land in Yueyang.
"None of the three shareholders of Hunan Dayun Company has registered capital, but they obtained a business license with the certificate issued by Yueyang Branch of China Bank." On August 2065438+2003 12, Wang Yongyun told reporters, "At that time, the country had not promulgated the company law, so it was easy to start a company."
1994 the new national policy does not allow the party and government and banks to run companies. Bank of China Science and Technology Company with banking background withdrew its shares and transferred its equity to Transocean Dayun Company at zero price, but it did not go to the industrial and commercial department for change registration for ten years. At this time, the shareholders of Hunan Dayun Company are only Yueyang Dayun and Hong Kong Xinyi Firm. Because the land purchased by the company has not been completed by the government and there is no capital for development, the company has been in a state of stagnation.
1997 Yueyang branch of China Bank received loans according to law, and Hunan Dayun Company borrowed from1992120,000 yuan to 1997, and the total principal and interest owed was about 20.47 million yuan. After trial and execution by Yueyang Intermediate People's Court, about 100 mu of land and office supplies such as sofas, desks and telephones of Hunan Dayun Company were used to pay off debts and executed by banks.
"After all the company's property is executed, it still owes more than 4 million to the bank. At this point, Hunan Dayun 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.
June 5438+February 2003, the license of Transocean Dayun Company was revoked. In April of the same year, Bank of China Yueyang Branch auctioned the above 65,438+000 mu of land, and Yueyang Tonghua Real Estate Development Co., Ltd. (hereinafter referred to as "Yueyang Tonghua Company") participated in the bidding.
Contradictions:
The legal representative of the company's equity change did not know.
Conflicts between brothers broke out continuously on 20 12.
On 20 12, Wang Xinyun found a resolution of the board of directors of Hunan Dayun Company forged by his signature while looking through the documents in Yueyang Industrial and Commercial Bureau. But according to him, he "wasn't there at all, didn't know, and no one informed me".
The core content of the resolution of the board of directors is that Hunan Dayun Company has changed its shareholders and legal representative, and all the shares of Yueyang Dayun Company in Hunan Dayun Company have been transferred to Yueyang Tonghua Company, and its legal representative is Wang Yongyun, but as the chairman of Hunan Dayun Company, he is "unaware of this matter".
"In fact, this so-called signature is only in line with the form of share conversion of Yueyang Industrial and Commercial Bureau, and it has no substantive significance." Wang Yongyun dispelled doubts.
In Wang Yongyun's view, Hunan Dayun Company was a shell company at that time, with no office building, no registered capital, no projects, and a debt of 10 million yuan. At this time, Transocean Tonghua Company took the land to invest in Hunan Dayun Company, and asked the office staff to sign the resolution of the board of directors on its behalf, so as to improve the clarity of the company's ownership and equity, and solve the dilemma that the company has no projects, registered capital and office space.
But Wang Xinyun doesn't think so. As the legal representative of the company, changes in equity of the company is "uninformed". He thinks that asking Wang Yongyun to be the general manager is "the biggest negligence in my life. I believe everything he says, because he is my brother and I want to know what he is doing. "
Truth:
Archives of the Administration for Industry and Commerce: the license of the shareholder unit was revoked and the equity change was agreed.
What's going on here? The business license of the shareholder unit has been revoked. Can Yueyang Industrial and Commercial Bureau agree to the equity change? The reporter saw some clues in the application for change registration of foreign-invested enterprises of Hunan Dayun Company 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 Dayun 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.
5 1 page is a report submitted by Hunan Dayun Company to Yueyang Industrial and Commercial Bureau on the application for change of shareholders' equity of our company. The last sentence of the report is: Transocean Dayun Company failed to handle the annual inspection of enterprises in 2002 as required, and its license was revoked by your bureau, which made it impossible for our company to handle the registration of change of shareholders' rights and interests. Please consider our actual situation. Wang Yongyun will sign the change registration of shareholders' equity on behalf of Transocean Dayun Company.
The Registration Branch of Yueyang Administration for Industry and Commerce signed the opinion that "the enterprise reflects the real situation, agrees to the application of the unit, and reports it to the Regulation Department for examination and approval", and stamped its official seal. The Policy and Regulation Department signed the opinion that "the situation is true, and relevant procedures can be considered" and stamped with the official seal.
Up to now, Wang Xinyun, who looks simple and honest, thinks that the biggest dereliction of duty is "trusting people too much", which leads to this situation. I felt that my brother and I had a good relationship since I was a child. "I think his ability is stronger than mine."
Police response:
Police: No illegal possession of property, no criminal responsibility.
Therefore, Wang Xinyun began to accuse his eldest brother, Wang Yongyun, of encroaching on his assets, repeatedly and tirelessly from the government to the media, including Yueyang police and Red Net Forum.
A document obtained by the reporter on the handling of Wang Yongyun's alleged job occupation case by Yueyanglou Branch of Yueyang Public Security Bureau shows that Yueyang police began to investigate in the first half of 20 12.
2065438+2003 65438+2003125 October, Tang Wenfa, executive deputy director of Yueyang Public Security Bureau, presided over and organized the legal affairs, economic investigation, inspection detachment, discipline inspection department, legal brigade and case handling unit of Yueyang Tower Branch to hold a case analysis meeting.
The police finally came to the conclusion that according to Article 27 1 of the Criminal Law, Supervisor Wang Yongyun had no intention of illegally possessing (equity) and refused to file a case for three reasons:
1, Wang Yongyun has no intention of illegal possession subjectively. The license of Transocean Dayun Company was revoked in June 5438+February 2003, and BOC Technology Company ceased to exist in June 5438 +0995. The actual person in charge of Hunan Dayun Company is Wang Yongyun, the legal representative of Yueyang Tonghua Company. Wang Yongyun transferred the equity of Yueyang Dayun Company to Yueyang Tonghua Real Estate Company, and subjectively there was no purpose of illegal possession.
2. It is objectively impossible to audit and evaluate the market value of its equity. Before Wang Yongyun changed the legal representative and shareholders, the company had no assets and owed China Bank Yueyang Branch more than 3 million yuan. Neither Wang Yongyun nor Wang Xinyun can provide the company's accounts, so they can't audit and evaluate the stock market value.
3. Judging from the capital verification of Hunan Dayun Company, its constituent companies Yueyang Dayun, Changsha Yin Zhong Science and Technology, and Hong Kong Xinyi Commercial Bank have not actually contributed. Although Wang Xinyun is the legal representative, the actual person in charge of the company is Wang Yongyun.