Hebei Chinese beer assets loss: billion assets million selling

2012Years05Month02Day11:00Author: legal person

"Billions of dollars in asset quality, they were evaluated for about ten million yuan to sell, most of which are state-owned assets."

Hebei Xinle in a secluded Coffee Museum, accept the "legal" interview with Zhang Enrui was still unable to suppress the anger. As the Xinle Chinese beer company's minority shareholders, Zhang Enrui finds so sell state-owned assets and the interests of shareholders, is entirely a plot very few staff ICBC, court and government collusion, grab the interests of. According to Zhang Enrui introduction, Hebei Xinle Chinese beer company which owed ICBC Xinle branch loan principal3946Million yuan, interest703Million yuan overdue don't return, Xinle branch will be advanced in the people's court to Hebei Province, the court knowing Chinese beer company has 100 million yuan property for execution, and Xinle branch is a legal mortgage registration, has the priority right of creditors, however, both sides is in court during the implementation of "entrust" assessment agencies will 100 million yuan assets appraisal1956Million yuan, followed by "common agreement", in order to lower than the assessment price400Million yuan1560Million "transaction", the court ruled that generous termination of execution. It is unbelievable, the ICBC Xinle branch(Hereinafter referred to as the ICBC Xinle branch)Then the lowest price of the1560Million yuan, give up half, leaving only a305Million yuan has died down, no longer do any property recourse. The auction only left a billion worth of assets305Million yuan has been to the satisfaction of all, hidden behind this secret transactions and how?

　　1The loan is due not bank to court

According to "legal persons" reporter understanding, these cases were prosecuted in the loan contract dispute2007Years, the cause is beer company in six Chinese overdue unpaid2004Years of bank loans, while the effect of stretch so far. The beer company's predecessor was founded in1986Beer factory of Shijiazhuang area year,1994Years to1996Years, the brewery was enjoy quite a reputation of Tangshan Haomen Brewery Group merger,1997The shareholding system reform, the establishment of the Xinle Chinese beer company, but due to various reasons, Chinese people for many years down the beer company benefit, creditors have to pay the rent, the production ran into trouble.2007Years12Month20Day, ICBC Xinle branch 一纸诉状将 beer company in China to the Supreme Court of Hebei province. ICBC Xinle branch claims,2004Years of Chinese beer company in the line has six loans, principal for the3946Million yuan, up2007Years9Month20Day, owe the bank interest703Million yuan. Borrowing expires, after repeated collection, beer company in China with all sorts of reason refuse to return, request the court to order the beer company to repay the loan principal3946Million yuan and interest.2008Years2Month19Day, the Hebei Provincial Higher People's court judgement: beer company in China to repay the loan principal of ICBC Xinle branch in ten days after the entry into force of the decision3946Million and up to2007Years9Month20Days interest703.363974Million yuan, after interest, according to the provisions of the people's Bank of Chinese contemporaneous overdue loan interest rate to judgment payment date.

But according to "legal persons" reporter understanding, after the verdict, beer company people not to fulfill the repayment obligations.2008Years4Month3Day, the Supreme Court of Hebei Province issued "the notice of execution to the beer company in China".2008Years6Month16Day, the Supreme Court of Hebei Province issued the "notice" to the deadline to fulfill the beer company in China; on the same day, issued by the Supreme Court of Hebei Province2008.In the words of article11-1Civil rulings, seizure of Chinese beer company216Acres of land,27562.5Square metres of property and200Ton fermentation tank36A,100Ton fermentation tank8A,400Ton fermentation tank5A.2008Years11Month24Day, the Supreme Court of Hebei Province signed2008.In the words of article11"No." the civil ruling, ruling that the actions performed by the Xinle city court. Beer company people more shareholders said, is the Xinle city court took over the implementation of the case after the illegal execution, the ICBC Xinle branch4649Million yuan huge loss of state-owned assets, and the beer company's staff and shareholders suffered huge economic losses.

　　2Billions of dollars in state owned and shareholders who transfer the assets are

4Month21DayZhang Enrui, Chinese beer company shareholders to "legal" reporter said, from a large amount of evidence he possessed about the case during the execution of the court, Xinle city "by Xinle City Hall inspired", completely illegal in the evaluation of the implementation process, the auction "". First of all, enforcement evaluation behavior during severe illegal. One is to assess the value and the actual value was assessed property is very great, serious inconsistent with the facts. Assessment report to the Supreme Court of Hebei Province seized Chinese beer company216Acres of land in156.06Acres of land,2.6More than 10000 square meters32The house and49A steel large fermentation tank evaluation price1956.189Million, and the actual value is huge. By the time per mu39Million premium, only156.06Acres of land and a value of6086Million; and49A fermentation tank by using steel2740Tons, worth at least half according to the sale of waste steel market price assessment800Million, and the tank facilities copper material cooling tube, carbon steel, stainless steel cooling zone pressure valve, stainless steel pipe, even by the waste material purchase value of nearly one million, a total of900Million, but in the implementation are assessed for86.9Million yuan, only this one, the actual value and the value difference830Yu Wanyuan, the assessment of the price of a serious departure from the real value. Two is the speed of finished the evaluation value of digital based on the "asset evaluation report", crudely made, no credibility. According to the "assets assessment practices opinion(Trial)", after the assets assessment15A program with many items to complete. But the person applying for enforcement and the person to be enforced in2008Years11Month27Jointly issued orders, will be assessed, the Supreme Court of Hebei Province seized property auction were entrusted to the Hebei Kang Longde WidSets Assets Appraisal Co. Ltd. and Hebei Jia century Auction Co. Ltd., only a5Day time(During the Saturday, Sunday, including),2008Years12Month1The assessment of the company issued the evaluation report, and obtained huge assessment reward. It is hard to imagine, in such a short period of time, the only two appraiser is how the Chinese beer company32House building,156Acres of land and49Evaluation of a large storage tanks and other equipment. Secondly, the enforcement process of the auction was illegal. Zhang Enrui told the reporters, the property in the asset appraisal firm assessment1956Million yuan, somehow, ICBC Xinle branch and the Chinese beer company will be "reserve" as1560Million yuan. That is to say, it is of great interest in the opposite parties, the program enters the court enforcement, but on the same day reached a consensus, very friendly in the assessment results of unknown circumstances common assessment mechanism and auction mechanism will be jointly selected, and consult the reserve price auction.

"The Supreme People's Court on trust evaluation, auction and sale of certain provisions of the" thirteenth provisions: auction property after assessment, assessment is the reserve price auction for the first time; not evaluation, reserve price determined by the people's court shall refer to the market price, and the opinions of the parties concerned. In accordance with the above provisions, the auction mechanism according to the lower than the assessment price400Million reserve auction property is illegal. And the auction reserve confirmation was Chinese beer company responsible person Ding Jingzhao(The Secretary of the Party committee of the Chinese beer company, the other party to ICBC Xinle branch customer manager, the ICBC Xinle branch of the litigation and enforcement agent Xu Shusen)Signature, forgery and imitation of others. Therefore, the evaluation, the auction process are completed in malicious collusion case, is prohibited by law.

Third, there are serious malicious between auction process of bidder collusion. Zhang Enrui said, the auction bidders only two: one is the fully owned company of Xinle state owned Assets Management Co. Ltd. Xinle city endowment bureau held state shares beer company in China, one is the Zhengding County resident Huang Wenquan. According to the person applying for enforcement understanding: Zhengding County Huang Wenquan Department of ordinary residents, the family in general, its no financial resources to participate in1560Million purchase of the property. Its participation in the auction, is completely state-owned asset management Co. Ltd. of Xinle City, foil, was premeditated and collusion. While the "auction law" thirty-seventh stipulates: between bidders, the bidders and the auctioneer shall not malicious collusion, damage the interests of others. Obviously, the auction is illegal, it shall be revoked. Zhang Enrui said, for the above obviously absurd and illegal behavior, the Xinle court not only corrected, but "sighting" and termination of execution, a very difficult. Still exist in the Chinese beer company, legal entity, company assets and debts are not complete liquidation, ICBC Xinle branch claims most have not been liquidated the case on the end of program execution, in complete violation of the "Regulations of the people's Republic of China Civil Procedure Law". Zhang Enrui told the "legal" disclosed to reporters, the illegal auction of the property has been in Xinyang City, Henan Province, Shijiazhuang City Intermediate People's Court of Gaoyi county court, Court adopted the attachment measures, Xinle municipal court in illegal buyer for the property transfer procedures to be crystal clear. Zhang think, Xinle municipal court in this case accreditation illegal auction behavior, make the termination of execution order and assist the transfer of property belonging to the auction law, a complete departure from the basic law enforcement of court should abide by.

　　3The objection is dismissed shareholders to the court for reconsideration

"Legal person" the reporter understands, since2007Years11Month21To date, the beer company Chinese equity ratio: Xinle City owned assets supervision and Administration Bureau(After the Bureau revoked, owned by the government)Total shares70.26%, contribution1830.17Million yuan, individual shareholders Zhang Enrui shares accounted for15.36%, actual investment400Million shares, Zhang Jianjun7.47%, actual investment194.55Million yuan, Chinese beer company employees stock fund shares accounted for5.37%, contribution139.92Million yuan, Xinle city in the Third Construction Company Limited shares accounted for1.54%, contribution40Million yuan.4Month21DayThe beer company, people of another shareholder Zhang Jianjun told reporters,2011Years7Month, he and the other shareholders of beer company heard that Xinle City Hall beer company in people's houses, land, equipment were transferred to the Xinle state owned Assets Management Co., Ltd.(Hereinafter referred to as the "Xinle asset company")After the housing to the city of Xinle, through its Department learned that inquires: all Chinese beer company32House, has been in2011Years1Month10In the case of no price, transfer to Xinle City Hall owned Xinle asset company. Later learned that: Chinese beer company property buyers will buy houses, land, equipment to be listed for trading in the property rights trading center in Hebei Province, the buyer is a private company. Zhang Jianjun said, the implementation of the Xinle municipal court is illegal for Chinese beer company housing, land, equipment and other illegal transfer "opened convenient ways".2011Years9Month18Day, Zhang Enrui, Zhang Jianjun to the Xinle city court execution objection, the request shall revoke the people's Court of Xinle City2008.Xinmin hold No.260-1Number of civil ruling(The termination of execution order)The company, Xinle Chinese beer illegal auction of the property to be returned.2011Years12Month19Day, Xinle City Court2008.The different characters in the novel260"Execution", ruling, dismissed the objection of execution. Zhang Enrui, Zhang Jianjun has made the application for reconsideration to the Shijiazhuang City Intermediate People's court.

According to press reports, earlier, Zhang Enrui, Zhang Jianjun, third Xinle Third Construction Engineering Limited company filed a lawsuit in Shijiazhuang City Intermediate People's court. According to the complaint, a asset company in Xinle signed the "real estate sale contract and third Chinese beer company"(The new)Housing sales contract No.2011-010No., Xinle city housing management office is not agreed housing price contract for the housing property transfer procedures according to the alleged violations of the interests of shareholders, the use of false contracts. At the same time, the Xinle asset company in the absence of resolution third Chinese beer company shareholders agree and the plaintiff without the knowledge of the case, the authorization to void the contract to buy a huge asset of third Chinese beer company, a serious violation of the legitimate rights and interests of shareholders. Therefore, requests that the defendant asset company in Xinle, Xinle City Hall returned by beer company people's property, the transfer of property to third Chinese beer company name. Shijiazhuang City Intermediate Court rejected Zhang Enrui, Zhang Jianjun, third Xinle Third Construction Engineering Limited company litigation request. But the "legal person" the reporter noted, the verdict, the court found,"2011Years1Month10Xinle Chinese beer and Xinle state owned company(Xinle asset company, reporter notes)A real estate sales contract(The new)Housing sales contract No.2011-010Numbers, prices, the agreement of payment, the liability for breach of contract and other columns are blank." "Take a connected transaction business real estate contract prices have not come to practise deception, deceive the Chinese beer company's employees and shareholders, it is Xinle City Hall as, it is be hardly worthy of belief. This is simply to the workers and the interests of shareholders plunder! Behind what is?" Beer company in an unnamed employee said angrily.

　　4"The parties sign the reserve:" I did not sign the word

With many questions, "legal person" the reporter made a special trip to Xinle City Court was informed of the case on the implementation of. The executive board to host the judge Zhang Xiaoguang said in the interview, the case involved the evaluation, bid auctions is not Xinle Commission of court, "the applicant for execution and execution, auction mechanism jointly entrust assessment process", as the auction process, the assessment to determine the price for the reserve, said the common meaning, the court did not need to review, and later ICBC Xinle branch and the Chinese beer company did not demur. The reporter made the auction funds whereabouts, the case of the Zhang Xiaoguang said, there is a distribution of views in volume, is mainly the use of auction sales, in part for the payment of land leasing, a part of the wages to solve the beer factory workers, part also bank loans, the bank is about to end300A little more than. Perform volume is now in Shijiazhuang City Intermediate People's court. The reporter asked the opinion of the source distribution, Zhang said, remember not to. "Should be above it, I'm just the specific case, some things to the executive director of the class, sometimes to the dean of this class, who needs coordination, I don't know." He said. Then, the auction process more shareholders to reflect in the reserve was fraudulent use of the "Ding Jing chao"(The Secretary of the Party committee of the Chinese beer company)The signature problem, whether the court awareness? Zhang said, he also recently learned, the behavior is in violation of the relevant provisions, wondering. This reporter telephone contact with Ding Jingzhao himself, Ding said very sure on the phone, the signature "is not my duty to assess the auction book, I have not signed the word!" So, who exactly is the signature of the person? At that time, and "Ding Jing Chao" jointly signed ICBC Xinle branch customer manager, the ICBC Xinle branch of the litigation and executive agent Xu Shusen can be identified? Reporters call Xu Shusen, Xu said it is outside the service, then contact, but after the reporter once again call on their phones, Xu no longer answer. "Legal persons" reporter contact Xinle City Hall hope to understand the relevant situation, City Hall office a staff declined a reporter's interview request, the staff said, the case has entered the judicial process, the court concluded that prevail.

Recently, a reporter from the Shijiazhuang City Intermediate People's court Execution Bureau, the hospital is to pay close attention to the reconsideration of the objection. The court Party member, executive director Li Jingtao told reporters, they have received about the case the illegal execution, also through a review of the files found some problems, they will be in accordance with the law, the principle of justice seriously review in this case, as soon as possible out of justice review results. This print will be tracking reports on the case.

Interview notes: have a hand in shielding the truth

The interview process is not smooth: reporter interviewed the first unit "leading role" of the Xinle people's court for a variety of reasons "declined" interview, even if the "step by step instructions" after finally agreed to an interview, court staff interview is evasive, not speak in detail; then this paper "tending to get beans" creditors, for the implementation of artificial OK Xinle branch, in the face of their own4649Million yuan of debt are the high court finally only get only305Yuan is only 1/15, and the person subjected to execution has property available for enforcement of realistic and not to fight, but to explore the story reporter three pro its mouth, deliberately avoided; next is the Xinle City Hall staff to the case has been go judicial procedure as highfalutin, always keep silent. There seems to be an invisible hand, standing in the way of reporters to explore the truth, uncover the mystery case.

Reporter noted that, in recent years, in order to protect the legitimate rights and interests of the company and the creditors, "company law" revised several times, the Supreme People's court also issued a number of judicial interpretation, but a court authority to use their power to intentionally or unintentionally hurt the interests of the company and the creditors' rights and interests, this point is probably the legislation of the initial unexpected. The reporter to deeply understand in the interview process, "the correct implementation of company law" is not only the shareholders of the company, executives, the general meeting of shareholders, board of directors, company staff and organization of things, assessment, auction and assets disposition of the intermediary organization and the court, the government is the "company law" can be implemented correctly the key factors. In the process of market economy, companies face litigation is a very normal thing, based on the company's market seeking judicial or government relief had no ground for blame, but if the court or government in the face of market main body request without screening, there is no legal judgment is just to meet their demands, it will completely mistaken.

In this case, on the surface, the end of the court to enforce rulings over the case proceedings, but also opens a was not the open procedure, increase the originally should not burden to the court and the parties. Improper court or government is not only to implement the "company law" problem, but will have a greater harm. This kind of harm not only undermines the basic rules of the market economy, and may make the market main body no longer believe in the market rules but believe the government, courts and other non market organization, which makes us after more than thirty years of exploration has just appeared the embryonic form of the socialist market economic system was severely damaged, which matches with the socialist market economic reform of the political system encounter greater resistance to the reality, this is the most terrible.

Authors: Cao Tianjian(Source: legal person )Editor: Liao Yining)

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