Fortune Bird Applies For Listing, Leading To A Twenty Million Old Account.

Fujian listed in Hongkong

Limited by Share Ltd's "back to A" boom has also led to the idea of A shares going public.

In April 26th of this year, the board recommended that applicant company be listed on the Shanghai stock exchange IPO.

At the same time, an old old account also emerges.

Headquartered in Guangdong, Guangzhou

Huang Xueming, chairman of the company (hereinafter referred to as "Englis"), told reporters that there was a cooperation dispute between the rich and the precious birds for several years, and it could not be resolved.

By way of Engle's thinking

In 2011, the China Souther Grid Corp (hereinafter referred to as "China Southern Power Grid") applied for bidding for the general labor protection articles procurement project. The first bid was to screen the list of the first batch of shortlisted enterprises from the national registration factories, and then the specific procurement tenders by the subordinate companies.

The total number of employees in China Southern Power Grid reached 350 thousand, and the volume of procurement was huge. More than 150 enterprises in the whole country participated in the competition of the contract.

The company had no cooperation with the China Southern Power Grid and hoped to participate in the bidding with the help of local resources.

Subsequently, two cooperation agreements were signed between rich birds and Ingrid in January 2012 and June respectively.

According to the agreement, the rich bird authorized engleton to represent the company to negotiate with the China Southern Power Grid.

Business, rich bird is responsible for providing shoes and clothing samples and production; negotiation activities by ingerset, responsible for all expenses incurred by ingerset.

According to the agreement, Fu Gui bird will pay the enginrich payment according to a certain proportion of the total purchase order signed with the China Southern Power Grid. In addition, the bid price beyond the base price of the two parties will be returned to Engle.

At the same time, it also commissioned Tan Qingxian, the business director of Engle, to be responsible for the related business of China Southern Power Grid.

Since then, the fortune bird has successfully obtained 6 categories of packages, and has been selected as the supplier of general labor protection articles in southern China Power Grid in 2012-2014.

But then the two contradictions gradually revealed, according to the bird of fortune, after the nominating, Fu Ying bird authorized the 2012 Englis to the Guangdong grid, the ultra high voltage power grid, the peak and frequency modulation network tendering project bidding did not win the bid.

There is no doubt that the relationship between rich birds and Engle has undergone "roller coaster" changes. Some of them have not won the bid, and there have been great differences between the two sides.

With the failure of a series of bids, the rich birds later began to unilaterally leave Engle, looking for other agents to help the birds to carry out the bidding.

At the time, Ingrid was not merely satisfied with the role of "middleman". On the one hand, he helped other companies to be shortlisted. On the one hand, he also participated in the tender and got some contract orders alone.

In this way, both the rich birds and Engle's "under the restrictions" exist under the restriction of "in name only" agreement with other partners, and achieved their goals.

After a while, they were busy finishing their orders on the South China Grid on their own hands, so the birds and engletes were safe and well maintained.

But the surface calmness was finally broken by interest disputes.

Since 2013, Ingrid has asked the rich birds to pay a total of 4 million 817 thousand and 190 yuan according to the intermediary agreement through a lawyer's letter.

And the reply of the birds of fortune suggested that the agreement signed between the two parties was not an intermediary agreement. Secondly, it was not agreed that the agreement was agreed to complete the entrusted matters, so it was not entitled to claim any remuneration.

"Since the cooperation, the rich birds have not paid us a penny, nor have they admitted that they should pay us according to the contract.

The company whose company was originally responsible for joining us in this project has left. "

Huang Xueming said that the reason why he chose to call the rich birds openly was also reluctantly: "they simply do not even answer my phone calls now, and they will not see me in Xiamen."

Huang Xueming said ingle had also been listed on the new third board. Such a large cooperation project did not follow later, and could not recover money.

Controversial intermediary services

According to the rich birds, whether the enterprise is finalists is judged according to whether the qualifications meet or not. The rich bird thinks its qualification is in line with the requirements of the southern power grid. Therefore, it is impossible to determine how much role it played in the process.

Huang Xueming said that at that time, there were as many as more than 150 enterprises competing in the whole country. The rich birds had never had any business dealings with the southern power grid, and could enter the list of the 25 shortlisted enterprises. It was precisely because Engle thought that manpower, material resources and financial resources could help the finalists.

The qualification requirements of the southern power grid, which were obtained by reporters, showed that the conditions were ambiguous and difficult to make a clear judgement.

The relevant departments of the China Southern Power Grid did not give a positive answer to this.

In addition, Fu Fu bird also believes that the first step in the agreement is whether to enter the bid. Whether to help complete the bid is the prerequisite for the performance of both parties.

Huang Xueming said that at that time, there were 25 enterprises finalists, while many of the subsidiaries of the South China power grid had many tender projects. It was impossible to ensure that every shortlisted enterprise would win the bid in every specific project, but he stressed that the policy of the China Southern Power Grid was "all the selected enterprises can get the corresponding share in the total procurement according to the proportion of the registered capital."

So as long as the shortlisted, it will definitely get the corresponding share.

For this statement, reporters are still unable to verify.

On the other hand, the rich bird accused that engleton did not just represent the rich and the birds to participate in the tender, which led to three tenders failed to win the bid.

Huang Xueming said that the agreement did not stipulate that engleton could only act as a brand in the intermediary process.

He said, because it can not help other companies to win the bid, it is not considered to be in the bidding process.

At that time, Zhang Man, a Fujian riches and bird salesman who specifically handled the bidding, said that it was precisely because engleton's participation in the tender had not won the bid that the rich bird had "had to replace the middleman" and won the bid for the related projects.

When the reporter said that he knew the name of the middleman, the rich birds were reluctant to disclose to reporters because of their commercial secrets.

Related lawyers told reporters that if the agreement between two parties did not stipulate that exclusive authorization was exclusive, then both parties had the right to communicate with other relevant qualified enterprises.

In the dispute, the agreement did not limit the enginrich only to represent Fu Fu bird to negotiate with the China Southern Power Grid, and did not restrict the rich birds to authorize other middlemen to negotiate business with the South China power grid.

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How should we calculate the remuneration?

In the context of the existence of disputes over intermediary services between the two sides, a more realistic question is whether the birds should pay the cost according to the standards.

"Let me hang an expert number for you. You can't even give me the registration fee."

Huang Xueming said that in the more than 150 bidding enterprises, in order to ensure the finalists, the actual input is not so simple as a "registration fee".

At that time, the registered capital of rich birds was several times higher than that of Englis, and the share that might be obtained correspondingly would be great.

At first, according to the information, Engle thought that according to the agreement, the rich birds should pay more than 400 yuan, and later, through other channels, Engle thought that the birds and birds earned a total of nearly one hundred million yuan from the China Southern Power Grid's procurement contracts. According to the agreement, the reward paid by the birds of fortune would float to twenty million yuan.

On this request, the rich and precious birds rebuffed, and responded by saying that Ingrid "did not carry out the agreement" and said "what is the reward"?

A professional engaged in legal work told reporters that the usual handling of disputes in intermediation was that the fees were made according to the agreement, and that no payment was made. The payment was the cost paid by Party A and the appropriate profits, and the client could cancel the agreement at any time.

However, it is still necessary to pay the necessary fees, and the payment is no longer based on the proportion stipulated in the previous intermediary agreement.

Another legal professional, after looking at the relevant materials, said that the conditions for the final performance of the contract were the successful intermediation.

For those who have done much work, what kind of remuneration they should get, they should follow the principle of "who advocates rights and who gives evidence".

In this respect, neither Engle nor rich birds have carried out corresponding work and produced tangible evidence.