The Listing Of Shares Is Blocked.

Even if all the shares are thawed, if the actual controller is to be listed as the defendant, there is still a lawsuit case under way, and the SFC will take it into consideration. If the litigation involves too much money and the last defendant loses the case, if the actual controller does not have other assets to pay off debts, the stability of his shares may be affected.

Recently, it has received reports that the listed companies are more likely to be in debt than Feng Lingling, one of the actual controllers of Limited by Share Ltd, which is one of the actual controllers of Guangzhou. (also known as Jay Hui), the company is in debt. Feng Lingling is also the defendant on the court. Affected by this, Feng Lingling and her husband held a 60% stake in bill, which was frozen by the court.

However, Jin Zhongshan, a lawyer of Feng Lingling's lawyer and partner of the legal system Sheng Bang law firm, said that in the 12 lawsuit, except for the freeze of Feng Lingling's 10 million yuan stake in Jin Zhongshan in the people's Court of Guangzhou, the freeze of share rights in other courts has been frozen.

Recently, it was reported that Feng Lingling and Xie Bingzheng, the actual controller of the listed company, made false disclosures in the prospectus and concealed it as the actual controller of Jeff company. The industry and commerce registration data reported by reporters showed that Feng Lingling and Yang Xiaoling jointly contributed to the establishment of Jay Hui company in December 2008, when the Guangzhou Zhonglian investment Company limited by guarantee (hereinafter referred to as China United Investment) was invested, and Feng Lingling invested 47 million 500 thousand yuan, accounting for 95%.

In April 2009, China Alliance Investment introduced 2 natural person shareholders. Feng Lingling spanferred the original amount of capital holdings to Yang, Xiao Hui, Lv Gejie and Yang Xiaoling three people, and Feng Lingling accounted for 20%. A month later, Zhonglian investment increased by 50 million of registered capital, and Feng Lingling's contribution ratio was still 20%.

In September 2009, the company introduced 4 legal person shareholders, namely, Guangzhou Huasheng Industrial Co., Ltd. (hereinafter referred to as Huasheng Industrial), Guangzhou Xincheng Industrial Co., Ltd. (hereinafter referred to as Xincheng industry), Shenzhen Kaiming Electric Lighting Co., Ltd. (hereinafter referred to as Kay Ming electric) and Guangzhou Hongxing Trade Co., Ltd. (hereinafter referred to as Hongxing Trade), the registered capital increased to 200 million yuan, and Feng Lingling's shareholding ratio changed to 10%.

In April 2011, the company changed its name to Jie Hui financing Company limited by guarantee. In July, the registered capital of Jay company increased to 350 million yuan. Feng Lingling accumulated a total investment of 35 million yuan, holding 10%.

Since then, Feng Lingling's shareholding in Jay has not changed.

In April 2014, the stock prospectus submitted by bemin also showed that Jay was one of the actual controllers of the company, von Ling Ling's shareholding company, and Feng Lingling held 10% stake.

According to the materials, Jay Hui's corporate shareholders are Huasheng Industry, Xincheng industry and Hongxing Trade are shell companies. This statement has not been confirmed by reporters.

However, according to the location of the company registered according to the industrial and commercial data, the three companies were not found by the reporter's field investigation. Industrial and commercial registration data show that Huasheng Industrial and Xincheng industrial residence is the same address, all 71, Longkou West Road, Tianhe District, Guangzhou.

In March 28th, they came to the location of the two companies, but failed to identify the two companies. The 2 floor of Building No. 71 is mainly a trading company. A staff member of the company said that the working time was about 3 years, but the names of the two companies had not been heard. Huasheng Industrial and commercial registration address No. 71, room 227, is now being renovated. Staff said that the office was previously used by the floor property for recruitment interview, not Huasheng Industrial Company.

The industrial and commercial registration address of Hongxing Trade is the North 418 room of Guangzhou international trade building, Tianhe District, Guangzhou. According to the on-the-spot investigation, the address is currently a sales company of household appliances, building security told reporters that the sales company moved here about 3 years ago, and clearly stated that "we haven't heard about the trade of Hongxing".

Mr. Han, another corporate shareholder, Keming electric administration, said that it had nothing to do with Jay and did not know JE company, and did not have any financial dealings with Jay. Kaiming Electric has submitted administrative proceedings to the court on behalf of the company's forged seal and fictitious shareholders.

After many understanding, the other natural shareholders of Jay company have not yet been contacted, and Jay company has stopped operating at present.

As for the reporting side's view that Feng Lingling is actually the actual controller of Jeff company, Feng Lingling's attorney Jin Zhongshan said that Feng Lingling was only a small shareholder of Jeff company, which accounted for 10% of the shares, and did not participate in the operation of Jeff company, let alone the withdrawal of capital. As an independent legal entity, Feng Lingling, as a contributor, should bear limited liability. The court should not freeze its share in other companies. Jay is operating under the control of major shareholder Yang Xiaohui and Lv Gejie. It can be said that Feng Lingling is also the victim of Jie Hui's irregular operation.

Jin Zhongshan disclosed that Feng Lingling actually did not participate in the follow-up operation of Jay company, "many things she was aware of after being prosecuted."

Jin Zhongshan said that there were 12 cases involving Jay FAI and Feng Lingling as defendants, involving a total of more than 29 million yuan. 6 of them were filed on the same IOU. Jin Zhongshan believed that the evidence was single, and some of the chop of the Jie Hui company's seal was forged.

In October last year, the employees of Jay Hui filed a case with the seal of the Tianhe branch of the Guangzhou Public Security Bureau.

Jin Zhongshan said that 1 of the cases involving 13 million 600 thousand yuan had been decided, and the result of the ruling showed that Feng Lingling had not been jointly and severally liable in the case because he did not sign the guarantor in the Jie Hui company.

Jay's other lawsuits are still under way and no final ruling has yet been reached.

Wang Zhibin, a lawyer of Jay Sai law firm in Shanghai, said that in most cases, the liability of shareholders of limited liability companies is limited to the amount of capital contribution and has limited liability. Under exceptional circumstances, shareholders need to be jointly and severally liable for the company's debts. "Shareholders can not participate in business, he belongs to investment." If there is a senior executive status, of course, he must perform the duties of senior executives, but his responsibility is limited to the amount of investment. "

The prospectus submitted by Bill Clinton showed that Feng Ling Ling With Xie Bingzheng as the actual controller of the company, the two husband and wife share a 60% stake in the company, of whom Feng Lingling holds 5%.

As a result, the creditors of Jay Hui filed an application to the court to freeze the shares of Feng Lingling and Xie Bingzheng's company.

Wang Zhibin told reporters that when more than 5% of shareholders held shares in a frozen state, they were IPO Will affect, "if the shares are sealed up, it may affect the stability of the company's equity." "According to" Listed company "Information disclosure management regulations" stipulate that the situation of holding shares or controlling the company has changed greatly and should be disclosed externally. Guangdong Green law firm Dai Huiyong lawyer told reporters.

The official website of the securities and Futures Commission showed that as of March 26, 2015, the IPO of bielfin company was still "suspended review" because of the failure of the application documents and other issues, which led to the failure of the audit process, the doubt of the issuer's qualification or the restriction of the intermediary's practice, resulting in the failure of the audit process.

Guangzhou Haizhuqu District people's court official told the "daily economic news" reporter, filed for litigation preservation, the general plaintiff application, the court will freeze the ruling, the plaintiff only submit equal assets guarantee, can freeze the relevant party equal assets, similarly, frozen party want to thaw, also need to provide equal assets guarantee.

According to Jin Zhongshan, at present, except for the frozen shares of the Tianhe District people's court in Guangzhou, the other Feng Lingling shares have been thawed. "Last time, the Tianhe District people's court dismissed the application because the plaintiff provided $10 million in cash as a guarantee. The court asked us to provide cash guarantees to thaw and other forms of assets."