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The respondent needs to jointly compensate 300 million? Jingliang Holdings: Historical Issues

May 15, 2019 00:56

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  Jingliang Holdings(000505, SZ) was stunned by a online loan company! The cause of the incident was that the company had provided guarantees for hundreds of millions of loans from a “no relationship” company many years ago.

Nowadays, the creditor has come to the door and asked the listed company to bear the joint liability, involving an amount of about 300 million yuan. In this regard,Jingliang HoldingsIn response, no related guarantees have been made. Relevant persons of listed companies told the reporter of "Daily Economic News" that this is a problem before the company's backdoor, and that the authenticity of the guarantee letter needs further verification.

Prominent "guarantee" litigation

In the afternoon of May 14th,Jingliang HoldingsAccording to the disclosure, the company received litigation materials such as the “Notice of Response” served by the Sichuan High Court. Chongqing Longjinbao Network Technology Co., Ltd. (hereinafter referred to as Longjinbao Network), Shanghai Ouyue Enterprise Management Center (general partnership) (hereinafter referred to as Shanghai Europe)Jingliang HoldingsThe case of Beijing Wanfa Guarantee Contract Dispute was filed by the Sichuan High Court on April 30.

The plaintiff stated in the Civil Complaint that Longteng Microfinance and Zhonghe Investment were equivalent to signing the relevant agreement in October 2014, stipulating that Zhonghe Investment still owes Longteng a small loan of 150 million yuan.Jingliang HoldingsIssue a “guarantee letter” to Longteng Microfinance to assume joint and several liability guarantee for the relevant debts of Zhonghe Investment.

The Sichuan High Court made a Civil Mediation Book in February 2018, confirming Zhonghe’s investment in the relevant debts of Longteng Microfinance. In January 2018, Longteng Microfinance transferred its related claims and related interests in Zhonghe and Investment to Shanghai Europe. In January of this year, Longjinbao Network signed a "Debt-Share Agreement" with Shanghai Oulu, stipulating that both parties jointly enjoy the above-mentioned claims on the public and investment.

Today, Long Jinbao Network and Shanghai Ou Ling suedJingliang HoldingsThe listed company is required to assume joint and several liability for the above-mentioned debts of the public and the investment. It requested the court to orderJingliang HoldingsThe payment of the arrears of principal, interest, liquidated damages recognized in the Civil Mediation Book was 258 million yuan, as well as the payment of legal fees, legal fees, etc., and the total amount of the claim was about 300 million yuan.

In this regard,Jingliang HoldingsIt is said that the meeting documents, announcement documents and other materials of the previous board of directors, board of supervisors, and shareholders' meeting since January 1, 2014 have not involved any information related to the above-mentioned "guarantee letter".

In the afternoon of May 14th,Jingliang HoldingsRelevant persons told the reporter of "Daily Economic News" that the company only received the "Notice of Responding" and also hired relevant lawyers, and was preparing for the response. It further states thatJingliang HoldingsThere is no relationship between the public and the investment in the borrower. The company did not know the matter before. This is the thing before the reorganization.

What is left of history before the backdoor?

Tianyuechao information shows that Zhonghe Investment was established in 2005 and its registered place is located in Xicheng District, Beijing. In terms of shareholding structure, Beijing Chengjiewei Trading Co., Ltd. and Beijing Zhongrong Libo Technology Development Co., Ltd. respectively hold 50% equity of Zhonghe Investment. In addition, it is worth noting that Zhonghe Investment is a “trustworthy company” publicly disclosed by the Supreme People's Court.

  Jingliang HoldingsFormerly known as Zhujiang Holdings. In September 2016, Beijing Wanfa transferred all the shares of Zhujiang Holding to Beijing Grain Group. Since then, Zhujiang Holdings completed its asset restructuring in 2017, injecting Jingliang shares, and later renamed it as “Jingliang Holdings".

InJingliang HoldingsAccording to the above-mentioned person, it is difficult to judge the authenticity of the letter and the seal and signature because the original letter of the guarantee letter has not been obtained. The listed company also stated that even if the letter, stamp and signature were true, it did not go through the company's board of directors, the general meeting of shareholders to review the procedures, and did not fulfill the obligation of letter, Zheng Qing, the original legal representative before the company's restructuring, violated the relevant regulations, using the company's name Externally provided non-compliance guarantee.

Zheng Qing served as Chairman and General Manager of Zhujiang Holdings and Director of Beijing Wanfa. After Jingliang Group entered the company, Zheng Qing resigned from the listed company.

For listed companies, this lawsuit may not be worthy of excessive concern, because at the time of the company restructuring, the parties to the restructuring have agreed that any third party’s undisclosed and actual commitments exceed the additional liabilities recorded on the base date financial statements. Any request or request for rights made to the company shall be resolved and assumed by the original controlling shareholder or its designated entity.

(Article source: Daily Economic News)

                (Editor: DF372)

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