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    A Shares Broke The Secret List Of The Secret Increase: An Annual Increase Of Four Times, Involving 28 Listed Companies Internal Control, Compliance Problems Frequent Floatation

    2019/11/9 9:29:00 2

    A ShareDishonestyListSecretListed CompaniesInternal ControlComplianceProblems

    On the evening of November 8th, 000020.SZ announced that it had been informed by China's information disclosure network recently that the company had been included in the list of dishonest executors.

    These stories are no longer fresh in today's capital markets.

    On the numerous A share market of the rich, the chairman of the listed company, which has once been brilliant, is fading away from the aura gradually, becoming a series of dense numbers on the list of dishonest executors.

    "For enterprises, the company's bank loans, market financing and other aspects will be subject to legal restrictions. For natural persons, in addition to these, there are high consumption restrictions, such as unable to ride motor vehicles, aircraft, outbound travel, children can not go to private schools and a series of restrictions." In November 8th, Wang Zhibin, partner of Shanghai Ming Lun law firm, pointed out.

    Behind the "discredit" list, what are the changes in the A share market?

    "Old Lai" is in bulk.

    The story of deep HUAFA stems from a dispute.

    In twenty-first Century, the economic report reporters learned from the public information that Shen HUAFA and controlling shareholder Wuhan Zhong Heng new technology industry group Co., Ltd. (hereinafter referred to as "Wuhan Zhong Heng Group") and Shenzhen Vanke Real Estate Co., Ltd. (hereinafter referred to as "Shenzhen Vanke") had a dispute over the cooperative operation contract of the old renovation project of Gongming district's HUAFA Industrial District of Guangming New District.

    The Shenzhen international arbitration court made a ruling in August 16, 2017, and the company and Wuhan Zhong Heng group filed a withdrawal application to the Shenzhen intermediate people's Court on February 2018 7. The court made a judgement in August 16, 2018 and dismissed the company's request for withdrawal.

    At the moment, the court has sealed down some of the real estate of Shenzhen Hua FA, located in Gongming street, Baoan District, Shenzhen, and the controlling shareholder of Wuhan, Wuhan Zhong Heng Group holds all the shares of Shenzhen HUAFA. At the same time, listed companies will be listed on the "Lai Lai" list.

    He looked at Zhu Lou and saw him feast guests.

    In recent days, a generation of net red CEO Luo Yonghao was released by the Danyang people's court to limit consumption orders. Luo Yonghao, who once wanted to "buy" apple, was now one billion of debt to "old Lai". Wang Sicong, the two generation of super rich two who invested in Daxing, was also listed on the list of executors and returned to the cusp.

    Jiang Peizhen, who is earning 691 million yuan in the whole year and known as "the household name", is also unable to escape this robbery. Because of the nearly $52 million advertising fee, Jiang Peizhen has become a "Lai Lai". This contrast has made many investors sigh.

    In 2019, it became a well deserved "old Lai" high incidence year.

    According to incomplete statistics of economic report reporters in twenty-first Century, 28 A share listed companies, subsidiaries and related personnel were listed in the list of dishonest executors this year. In August twenty-first Century, only A shares were listed as dishonest executors, and last year there were 6 A share listed companies such as LETV, Kai Ruide, Tian Bao food, Herme group and Kenneth power, etc.

    Specifically, the reasons for being included in the "Lai Lai" list include disputes over sale and purchase contracts, disputes over negotiable instruments, overdue loans, disputes in leasing contracts, guarantee for financial leasing, etc.

    For example, in October, 000833.SZ, a controlling shareholder of Guilin, Yongfu Shun Xing Sugar Co., Ltd. (hereinafter referred to as "Yongfu Shun Hing") was included in the list of dishonest executors because of disputes over sales contracts, and its legal representatives were included in the list of restricted consumers.

    At present, Yongfu Shun Hing has been insolvent and is applying for bankruptcy to a people's court with jurisdiction.

    Prior to June, 002418.SZ announced that the company's real controller Chen Hankang and its co operative Zhejiang run Cheng holdings group were listed in the list of dishonest executors by the second intermediate law court of Beijing due to the case of Sino International Trust and Nanjing Jinlong oasis Automotive Technology Co., Ltd., and Chen Hankang was issued a "restricted consumption order".

    In addition, *ST, 600687.SH, *ST continents (000571.SZ), *ST Shengda (002259.SZ) and *ST Reed (600666.SH) were also listed on the list due to overdue default on loans. Tianxiang environment (300362.SZ), *ST Herme, *ST North news (300362.SZ) were included in the list due to disputes in the lease contract. Colin and the actual controller Li Dong and Zhong Zhong Nan (c) were listed on the list of bills disputes.

    "The list of dishonest executors is still in the final analysis of the whole business level. At present, a number of listed companies and Internet companies have suffered a lot of breach of contract, including information management disputes, debt default and so on. In the past few years, this system is very rare. In recent years, there are many reasons. Because a large number of cases need to be enforced after execution of the decision, they can not be enforced, which will make the authority of the law questioned, win the judgment but fail to get the money, and the implementation measures after the reform will be strengthened. Wang Zhibin said.

    Business is difficult.

    In twenty-first Century, combing reporters found that these companies, the actual controllers or subsidiaries were listed in the "Lai Lai" list of enterprises involved, often faced with a very heavy business crisis.

    In addition to systemic factors such as industrial slump, some enterprises also have problems in internal control and compliance.

    For example, since this year, the company's main body, controlling shareholder and controlling shareholder have been listed on the ST list of the executors list. Since the controlling shareholder of the company has issued the commercial acceptance bill, the external guarantee and the foreign loan in the name of Shanghai and five days of the controlling shareholder, it has initiated related disputes and lawsuits since October 2018.

    As of October 16th, ST crown Fuzhou triggered 92 lawsuits against creditors and companies due to the above-mentioned violations of controlling shareholders. The amount involved was 1 billion 974 million yuan.

    In October 29th, ST received the civil judgment issued by the people's Court of Dehua County of Fujian Province, which was issued by the relevant people's Court of Fujian County, and the related products were purchased by the same company.

    In July this year, the company's main body, wholly owned subsidiary and actual controller Xiao hang were also included in the Shenzhen intermediate people's court's *ST list of the dishonest executors. Recently, the three quarterly bulletin was disclosed in 2019. In 2019 7-9, the company lost 41 million 120 thousand yuan, and its performance fell 15348.65% over the same period last year. In the first three quarters, *ST Suo Ling accumulated a total loss of 150 million yuan.

    In addition, *ST Suo Ling is also faced with "dilemma" such as case investigation, senior executives leaving, real controlling assets transferred.

    In April this year, in twenty-first Century, the economic news reporter learned from Zhongshan's Lok Hing people's office that the two shareholder of Suo Ling, Zhongshan, had sent a report material to the Shenzhen Securities Regulatory Commission. He believed that "Xiao Ling, a real controller of Suo Ling shares, was also suspected to damage the company's interests and duties."

    In April 26th, *ST Suo Ling was investigated and investigated by the SFC on suspicion of illegal information disclosure.

    "In recent years, the downward pressure on the economy has increased, the credit environment has tightened, many industries have been depressed, and a lot of bubbles have been broken. Especially the private enterprises with relatively weak risk tolerance are the high places for debt default. In addition, some enterprises' awareness of legal risk control is not in place, and investment in litigation and other aspects is not enough, or there is no ability to invest. In November 8th, a private equity agency in Southern China noted that it was.

    Another trend is coming into the market.

    In twenty-first Century, the business reporter learned from a financial institution that there are many non-performing assets disposing companies in litigation on the market, that is, through the relevant clauses of "unlimited joint liability", the lawsuit against small shareholders who did not participate in the operation of the company actually led to a well-known market person "accidentally" reduced to "old Lai".

    It is worth mentioning that the impact of being included in the list of "dishonest executors" is long term. Reporters have learned that even if the companies such as ST remote and Huaxin are removed from the list, there will be "taint" in the company's business.

    "After being included in the list, the punishment in respect of credit is long term. Even if we can remove the list later, the legal restrictions are cancelled, such as high consumption, legal barriers, etc., but at a practical level, if the list of dishonest executors has ever been included, the impact of credit and credibility will be relatively long." Wang Zhibin pointed out.

     

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