标题: Discipline can say that he is suing [打印本页] 作者: frdc2f3yvf7b 时间: 2014-10-23 04:50 标题: Discipline can say that he is suing The reporter Lu Yijie Liu Wanyong "China Youth Daily" (September 3, 2014 Edition 08)
When serving, a cadre to City Commission for Discipline wrote "check" and said that he and a company does not matter.
After retirement, who had written "check" cadres but the company to court, asked to confirm their possession 60% stake. For the previous "check", he admits is "to circumvent the disciplinary action, to make false statements."
Protagonist of this event, is the former Minister of National Engineering Theater Owners Committee Zhuzheng Lin. July 2014, Beijing Chaoyang District People's Court in support of 60% of the equity Zhuzheng Lin possession of someone's company.
According to the verdict saying,air max tn pas cher, "Company Law" is not natural persons as shareholders conditions prohibitions. However,abercrombie france, the reporter noted, "Chinese Communist Party members and leading cadres in politics certain criteria" clear, leading cadres prohibited from engaging in profit-making activities.
"Cadres do check, but checked the how to on how this is a loophole,tn pas cher homme, is separated from the party and between the law of the land." Losing the shareholders of the same company told the China Youth Daily reporter Wang Lina, she refused to accept the court's verdict.
Worked in a company holding 60%
The cause of this economic disputes can be traced back to 1998. That time, as a partner, Lina was established together with Beijing Jintai Cheng Technology Development Co., Ltd. (hereinafter referred to as "Jintai Cheng Company").
In this company 10 million yuan of registered capital, Zhuzheng Lin invested 6 million yuan, Wang Lina invested 3 million yuan. The company's legal representative is Zhuzheng Lin.
Lina told the China Youth Daily reporter, she was originally a subsidiary of the railway system to make sales,http://www.hyogoshoubou.jp/cgi-bin/bbs/freetalk.cgi?res=15, in 1996 and understanding, "in 1996, he was the deputy general manager of China Huadian real estate. Prior to Huadian, he was a deputy ministerial departments level cadres. "
Reporter obtained a copy of census data shows that service premises as "China Huadian real estate company," occupation fill is "Deputy Secretary."
"For the business aspects of leading cadres, we did not understand, he said to do, business can not manage." Lina said.
Jintai Cheng company's main business, is involved in the development of Beijing's Fengtai District, "dahongmen" real estate projects. Lina said that she cooperate with ,http://4000731204.com/news/html/?54039.html, one of the reasons is the value of their experience in real estate development, "he told the land side more familiar."
2001, Chaoyang District, Beijing appeared another real estate development projects. Jintai Cheng's eyes on this opportunity, but according to the relevant regulations, if the company does not have the real estate development qualification, will not have the opportunity to compete for the project.
Jintai Cheng's approach is that the new incorporation "of Kun Beijing Real Estate Development Co., Ltd." (hereinafter referred to as "up-kun Company"), with registered capital of 10 million yuan the same.
However, in the year of the business registration information,nike tn homme, the shareholders of the Company amounted to not Jintai Cheng Kun's display, but three individuals: Fu Guoqiang, Wen Guo Wan Chai ginseng. Among them, Fu Guoqiang is the legal representative, holding 60%. The other two shareholders are Lina relatives.
Today, the Chaoyang District People's Court identified three people just replace Jintai Cheng holds a stake in the company,peuterey uomo, is not really a shareholder, nor assume any rights and obligations of the Company.
This means that, within the reach kun, Jintai Cheng company is "hidden shareholders", hid behind; other three are "significant shareholder", standing stage. This practice is not uncommon, the reason hidden shareholders, sometimes in order to circumvent the law, sometimes it is a novelty.
In Lina seems Jintai Cheng reason dormant company as shareholders, and been reported related.
She said that in 1999, Zhuzheng Lin entered the National Grand Theatre project owners' committee, was appointed Minister of Works, after the year 2000 who had been reported outside the business. Therefore, Zhu reluctant reflected in new companies registered in Jintai Cheng company or his own name, " is a friend to both of us, we will discuss,http://www.foss.lk/comment/profile.php?uid=16, to the point of traveling expenses, and reliable on the line."
It is understood that Fu Guoqiang is another state-owned enterprise managers.
Since then, the company's real estate projects of Kun began construction and completed in April 2006. In August 2002, Jintai Cheng's meeting of shareholders, which eliminates the Zhuzheng Lin's legal representative, executive director, replaced by Lina's husband Wan Wen countries.
Lina said Zhuzheng Lin Jintai Cheng no longer serve as the legal representative of the company, the reason is still Zhu fear of being reported, "though not the legal representative, but he Jintai Cheng company also has 60% stake."
Discipline write a review to ensure that the company does not matter
March 2006, due to the up-kun's a real estate project, the Beijing Municipal Commission for Discipline Inspection to write a check. China Youth Daily reporter saw this "examination", the Zhuzheng Lin Kun companies struggling to stay out of reach.
"About helped brewing up kun operating residential buildings concerned, I do not know the original understanding, just think at that company-specific difficult situations, the use of spare time to help do some work, and later quit in time, only three have been to the site Fourth, the law does not have any relationship with the up-kun. " in," said Check ".
He said he used his powers for personal gain fundamental problem does not exist, and acknowledged that some of his inappropriate behavior to the National Theatre image caused some negative effects.
Lina told reporters that she knew this year, "it was reported to superiors Commission for Discipline Inspection, the Beijing Municipal Commission for Discipline Inspection to investigate superiors to let this thing. Up to the Beijing Municipal Commission for Discipline Inspection kun company out of a note."
She said that the effect of this note is at up kun is really just to help, do not hold shares.
Reporter noted that before writing this "review",moncler italia, also is trying to gradually withdraw from him earlier in the "stage" of Jintai Cheng shareholding companies.
October 2004, Zhuzheng Lin signed an agreement at the end of his 60% stake in Jintai Cheng company, transferred to Lina couple. Then, in 2002 he was dismissed from the legal representative for two years.
At least from the point of view change of business registration, after which the company holds a stake in Jintai Cheng has been reduced to 0%, Lina is from 30% to 60%, the equity of their husbands Wan Wen Guo was 30%.
Lina told reporters, in February 2006, as "Her Life" project has been completed, Jintai Cheng company canceled.
Up-kun has developed real estate projects has not been easy. Lina said that after the building cover, they produced a lawsuit with some companies, and some cases require the legal representative Fu Guoqiang court.
"Fu Guoqiang is a warm-hearted person, for those feeling very uncomfortable and he does not have equity, but on behalf of the holders of shares." Lina said, combined with previously seen Zhuzheng Lin Fu Guoqiang been reported, with the state-owned enterprise managers Fu Guoqiang suddenly become "attitude is very vague."
Lina memories,chaussures jordan pas cher, starting in 2005, Fu Guoqiang repeatedly raised when the nominal shareholder in the company did not want it, "simply got to turn out." Later, Wang Lina no time to spare because the engineering company Fu Guoqiang also busy venue where the reception 2008 Olympic Games, so they negotiated the deal with the matter after the Olympics.
In an interview with China Youth Daily reporter interview, Fu Guoqiang also confirmed the above statement, "I just helped a friend in name only, do not want to make money, do not want to stir things inside."
October 2008, the company reached kun issued a "notice of the shareholders' meeting" to , notice that Fu Guoqiang no actual investment,http://www.postyourasian.com, no participation in the operation, and also served other senior executives of state-owned companies, is no longer suitable to continue to serve up Kun legal representative duties and nominal shareholder identity.
November 16, the company formed up kun resolution of the shareholders agreed be invested 6 million yuan transferred to Lina.
"This transfer of 6 million yuan has not yet finished, we were sued .600 million is still being preserved property." Lina said, is indicted former partners Zhuzheng Lin.
Sued determine occupy 60% stake
Claims is requested to confirm 60% of the equity of the company behalf of its holdings kun.
"I know this news, I was stunned. Zhuzheng Lin has made it clear to the Discipline Inspection Commission, said there was no relationship with the company up-kun, how still so bold to sue to 60% of the equity?" Lina said.
Let Lina will not be able to understand that, in her view, and up-kun's really nothing to do with the law,http://3hou.com/forum.php?mod=viewthread&tid=292144, had legal relations, is already written off the Jintai Cheng company.
Lina told reporters Zhuzheng Lin Kun in the company of "doing nothing", just do some coordination work, such as know some good managers, they introduce over, did not participate in the actual investment.
Zhuzheng Lin do not agree with this statement. Formation and write "check" is in sharp contrast to that in a civil complaint in the cadre had tried to distance themselves from relationships with up-kun company, strongly advocated 60 percent stake in their actual possession of the company.
According to argument,http://seo-directories.info/regist_ys.cgi, since its establishment up kun, he has been used as treatment of shareholders in the course of business, not only chaired the board of directors, the right to operate the company and accounts solve the problem, but also in the name of the company signed kun's a lot to crucial agreement.
He also mentioned that the company reached kun paid part of their dividends.
This, rather than the "check" in "the use of spare time to help do some work," "Only been to the site three or four times" and other expressions, almost worlds apart.
Reporters noted that occupy 60% stake, said one of the bases is October 1, 2004, with signed an agreement on behalf of their holdings to confirm kun company's shares up 6 million yuan,parajumpers norge, pay no assume the rights and obligations of any kun company,doudoune moncler pas cher, and promised to unconditionally replace Zhu believes shareholders when necessary.
In this regard, Wang Lina said knowledge. She said that as early as July 2, 2001, Jintai Cheng has signed an agreement with invite its shareholders as a proxy of Kun company shares its name borrowed 600 million.
Lina explained that this means that proxy shareholder Jintai Cheng's, and Jintai Cheng company is not one person at all, so Zhuzheng Lin individuals without other shareholders agreed to re-sign an agreement on behalf of holders, should be invalid.
She also said the company did not give up Zhuzheng Lin Kun dividends, "was being Gailou, funds have not yet recovered, even the profits are not."
For exactly 60% of the shares are held on behalf of the issue who,nike air max tn pas cher, is neutral. He said that he is the frontman for the trust agreement was signed,air max pas cher femme, asked the Court to identify the actual investors 60% of the equity, according to law.
Cases experienced a long marathon. April 2009, the Beijing Haidian District People's Court of First Instance found,parajumpers norge, on behalf of the and legal relationship between the holding agreement is valid, Fu Guoqiang should be required to pay 60% stake in the company.
However, the second instance court held that the first instance the facts are unclear and should be remanded. December 2010, the Haidian District People's Court made the judgment still support . Again the defense appeal, cassation court of second instance again,http://blog.okinawabbtv.com, remand.
The trial, said: in order to avoid disciplinary action, making false statements
January 2013, Zhuzheng Lin sue again on the 60% stake. Under the new law, he told Beijing Chaoyang District People's Court filed a civil state.
Zhuzheng Lin supported the court again. July 2014, Chaoyang District People's Court, confirmed that the Department of Kun's shareholders stake to 60%.
Chaoyang District People's Court held that although the signing of the Equity Transfer Agreement to Lina, Wan Wen Guo transfer 60% Jintai Cheng shares in October 2004,http://www.fukushi-hiroba.com/magazine/cgi/talk/ftalk.cgi?res=216, but the system does not give up investment in their company should enjoy Jintai Cheng Kun's up Under the premise of equity, pay equity company will Jintai Cheng Wang Lina, Wan Wen Guo took the hold. Therefore, the actual investment ratio Jintai Cheng canceled when the company, accounted for 60%.
In the court of first instance it seems, when the Jintai Cheng's cancellation, the company's contribution to the up-kun equity, shall be vested canceled before the actual proportion of investment enjoyed by investors.
In this regard, Wang Lina insisted that they had paid the equity transfer to .
For previously submitted to the Beijing Municipal Commission for Discipline Inspection of the "check", the verdict stated, argument is that "false statements in order to avoid disciplinary action, to make."
Then, as the party's leading cadres, whether they have served shareholders Zhuzheng Lin main qualification?
Verdict stated, our Company Act of natural persons as shareholders of the company was not a condition related prohibitions, Zhuzheng Lin is a violation of party discipline does not affect its legal validity in civil actions.
However, the provisions of this law, and not entirely consistent with the requirements of the Chinese Communist Party discipline.
Reporters noted that "the leadership of the Chinese Communist Party cadres in politics certain criteria" (hereinafter referred to as the "Guidelines") expressly prohibited without permission to engage in business activities, others are not allowed to borrow the name of an individual or business, do business, are not allowed to have a non-violation of the provisions listed The company (enterprise) of the shares or securities.
"Standards", the state-owned and state holding enterprises (including state-owned and state-holding financial companies) and its branches in the party leadership, referring to the implementation of this rule.
"He has a drilled problem of convergence between a loophole, state laws and discipline. Court may say things that we do not care discipline, Discipline can say that he is suing, we can not interfere with the prosecution of the court. This is a free state. "Lina said.
In her view, as a retired cadre compared Zhuzheng Lin, and interest in the company to obtain up-kun, obviously, one by one to light many of the Discipline Inspection Commission of punishment.
Before dispatch, Zhuzheng Lin told reporters that the case is very complex, involving encroachment of property, it is recommended in the second trial before the media were concerned. He said that he was not Lina said deputy departmental level cadres, but the National Grand Theater Owners Committee of middle-level cadres, "no administrative level."
When asked what "working write checks, retired to equity", the Zhuzheng Lin said, should be defined by law, "the court how to define, listen to the court."
Beijing, September 2 Power
(Original title: serving lie Discipline retired to equity)