Investigation ｜ becomes follow-up of innovation break a contact greatly: Doubt experience is publici

Equity invests a product to be publicized to be solid to accept a product, after 700 million yuan of capital of 214 investor expire, cannot exit... recently, run limited company into innovation capital greatly (next weighing " become innovation greatly " ) those who issue " year old endowment canal plans in Lan Qian " billows of recrudesce of delay cash incident.

On April 21 afternoon at 1 o'clock half, shanghai Yang Zijiang 10 thousand beautiful hotels 3 buildings, afore-mentioned endowment canals plan sell goods on a commission basis money of orgnaization constant season holds the conduct propaganda that is aimed at investor to recommend meeting. Right now, year old about 30 investor that endowment canal plans in Lan Qian are swarmed into, beg to constant season money view. Finally, should be in what controlled an end at 5 o'clock afternoon to recommend originally can be forced to end at shifting to an earlier date more at 3 o'clock.

About why investing equity the product conduct propaganda is solid to accept a product, chief accepted on April 25 related constant season money " international finance signs up for " when the reporter interviews, say: "Regard as and buy fund, to strengthen wind to accuse, administrative person is in trade increased to protect fact of a thousand li to accuse person Zhuang Min to assume in plan long-dated counter-purchase obligation, make this product had fixed firm to receive product feature. Make this product had fixed firm to receive product feature..

It is reported, afore-mentioned endowment canals plan 2015 the bottom holds water, to 214 investor collect 700 million yuan of capital, basically cast to 100 years old orchid investment, big in buying fund into what innovation subsidiary establishs, and by " Jiangsu protects a thousand li to inspect like Inc. of group of science and technology " (next weighing " keep a long distance " ) regard the class after bad as limited partner. However, afore-mentioned buy fund to cast to 3 enterprises, not only financial data is unusual, and with protect a thousand li to the interest concerns. After protecting defect of a thousand li to violate compasses incident, 700 million yuan of capital of investor cannot be exited on time.

The old client that regards constant day as fortune 67 years, investor Zhou Min (alias) the product that money of many constant season already had bought to sell goods on a commission basis before this. By 2015, adviser of conduct financial transactions was recommended to her " become innovation capital greatly, year old a set is bought in Lan Qian special capital fund administers a plan " (next weighing " year old endowment canal plans in Lan Qian " ) .

"The sale is oral to us publicizing this product is firm closes protect this category to look, year change yield 8.3%-8.8% , share out bonus drifts, plus have a person to protect the shareholder with the abundant actual strength such as endowment canal into innovation greatly square, " when Zhou Min answers the reason that recall buys at the outset, say, still have " stem from old to constant season money faith " .

The data shows, become innovation greatly by protect endowment canal into fund company and person greatly collective and contributive establish, hold a scale to be respectively 52% with 48% . The data shows, becoming fund greatly is China first what hold water permissibly is old one of companies of 10 fund management. According to annals, did business 2018 into fund greatly income 1.01 billion yuan, rank in company of fair collect fund the 10th.

The product that offers according to Zhou Min publicizes a data, the referenced share out bonus of this product is fiducial cent archives: Explain buy those who be less than 3 million yuan, year yield is 8.3% ; Be more than those who be equal to 3 million yuan, year yield is 8.8% ; In the meantime, two archives all have float share out bonus.

And measure field dominates in wind, a partnership makes invest in of plan of this endowment canal fund " Shenzhen city year old the industry in Lan Qian buys fund partnership company (limited partnership) " (next weighing " buy fund " ) , become its first step is finite copartner, and the subsidiary that becomes innovation greatly, keep a long distance collective and contributive the capital after exceeding 331 million yuan to serve as bad, for the capital of investor and share out bonus fiducial accrual provides the safe cushion of about 33% .

The scheme of propagandist data check to this product

One column is keeping the kind that endowment canal plans Dan Suilan a thousand li awesomely " equity invests kind " , and the firm that is not sale place to say closes kind. "We are awaited in those days do not know what is equity investment, basically also do not have what finance relevant knowledge, do not have risk identifying capacity, so they (conduct financial transactions is advisory) do not introduce a product at ordinary times, say to protect this protecting with us breath, fixed income, we also trust quite they, bought. " Zhou Min expresses.

Actually not merely Zhou Min, adviser of conduct financial transactions also is not clear that whether this product closes for solid kind. After the product gives an issue, the adviser of conduct financial transactions of this product kept certificate, express to be in promote year old of Lan Qian in before endowment canal plans, attended a product to be recommended just meeting, recommend content of the to this product setting on the meeting, fixed income, wind to accuse the introduction such as measure safeguard, all make the salesperson thinks this is the fixed income product of a low risk.

"Heng Tiancai is rich almost the product of 90% is publicized saying is fixed income product, they are this covers a region all the time. " ever worked nearly two years in constant season money before salesperson king eaves (alias) the situation that during holding a post with respect to him, understands to " international finance signs up for " the reporter expresses. Wang Yu also is recommend one of adviser of year old of conduct financial transactions that endowment canal plans in Lan Qian to the client at the outset, after this product gives an issue, he joins the dimension authority rank of investor.

What Wang Yu signs certificate

And should make the product that has particular risk solid accept product conduct propaganda, this matter is not an exemple inside the industry. Orgnaization of some illicit collect is senior personage to " international finance signs up for " the reporter expresses: "On one hand tripartite sells goods on a commission basis the sale of the orgnaization returns commission more, to partial salesperson, clinching a deal is a very great temptation, still have the pressure of assessment of course. On the other hand, the risk preference of investor is relatively cautious still now, if not with ' high income, low risk ' configuration is cut, investor of probable meeting prediction of a person's luck in a given year goes to those who buy other company selling goods on a commission basis product. Investor of probable meeting prediction of a person's luck in a given year goes to those who buy other company selling goods on a commission basis product..

"And the sale just is in the word art among this is to a lot of is plant, e.g. tigidity cash, alternative or take past outstanding achievement directly appropriative and current product earnings acceptance, this can say only is a kind of more familiar sale pattern. " senior personage weighs afore-mentioned illicit collect orgnaizations.

After conduct propaganda is recommended, it is investor signs a contract. Afterthought rises, investor just senses among them crackbrained point, mutual at 3 o'clock: It is to hit paragraph hind to sign a contract first, 2 it is the place on contract book leave connection phone to be false number, 3 it is contract book on to particular investment mark undertake blurring pointing to era.

In hear " fixed income " after assuring, zhou Min makes a money instantly 4 million yuan arrive assign account, the ability after a few days signed a contract with the salesperson. Investor Li Ye (alias) the investment that has been full of 78 years with Heng Tiancai concerns, be based on accredit, li Ye makes a money 1 million yuan assign account to the salesperson. After a few days, in the Li Ye that the other place is away on official business, before letting wife him generation, go signing a contract.

After the event, zhou Min is in with other investor (contact many 90 in all at present) in communicating a process, just realize incorrect interest: "Almost all investor are the extended credit that is based on pair of client managers, prepaid the contract that Qian Zaibu signs, doing not have a person almost pay again below the case that takes a contract, more do not carry pair of investor style danger to inform. More do not carry pair of investor style danger to inform..

Why to hit a paragraph to sign a contract again first? Wang Yu explains, during holding a post with respect to him (2014.10-2016.8) the situation that understands, this is Heng Tiancai sells goods on a commission basis richly mode be caused by. "Heng Tiancai is full of a lot of branches, and product contract is in completely headquarters. The branch lets a client make a money first, headquarters makes paragraph client number according to each branch again, send the contract that corresponding share counts to corresponding branch the following day. " king eaves say.

So, to investor, hit a paragraph to sign a contract again first, whether to have a risk? Partner of office of the counsel before debt ascends in, Derun's attorney stalks or branch Jing Min is accepting " international finance signs up for " path of the analysis when the reporter interviews: "Before product of illicit collect fund is sold, have laws and regulations of a few law (be like " method of collect of illicit collect fund " ) the risk of the requirement informs obligation and eligible investor to affirm an order, this is solved through signing the form of file of a few law, if these legal files invest the accessory that risk confirmation and investor identity confirmation are a contract. If these legal files invest the accessory that risk confirmation and investor identity confirmation are a contract..

"Prepaid money, hind sign a contract, the risk that did not fulfill provision of law law plan namely informs obligation and eligible investor identity to affirm an order. Can saying is to violate compasses, have con suspicion even. " Jing Min stalking or branch expresses.

In addition, zhou Min is mentioned, the client that takes on contract book contacts means to be false number. because of such, the person such as Zhou Min holds round dimension in the arms together in the investor that contacts this product when authority, altogether 214 investor, contact many 90 only.

Sign a contract again to making a money first at whether existing, and whether does the contract fill in the doubt of false number, chief expresses only related constant season money: "Heng Tiancai is rich all the time since advocate and carry out close compasses sale, forbidden fill in false information. Forbidden fill in false information..

Notable is, li Ye ever also had invested equity kind product, after will both contract undertakes contrast, he discovers the particular investment mark that did not point out in year old of conduct propaganda data that endowment canal plans in Lan Qian and contract and buys fund, and in laying in a project only, faintly mentioned some optics / camera lens enterprise, how do some prevent company of industry business, some storage technology and some intelligence control / company of content couplet network.

Be blurred to point to a few acting enterprises here just about, let investor eat " have a deficit frowzily " .

According to contract agreement, year old endowment canal plans to be in Lan Qian " 2+1 " mode, namely operating age is 2 years, but asset management person has right whether the decision shifts to an earlier date or delay ends, delay deadline does not exceed 1 year. By 2015, after this endowment canal plans to hold water, moved two years normally, promised interest pays to investor normally during.

But before the product expires, appeared accident circumstance. In August 2017, the class after bad is finite copartner keeps a long distance, reach include former fact to accuse Zhuang Min of person, president inside 12 relevant controller, evaluate value, information to disclose existence because of offerring false agreement empty to add false account can be given administration to punish by Chinese card inspect. Of the same age in November, zhuang Min is announced because of telling the circumstance of the share that be frozen by judicatory the company again, and take up the company capital, case that makes correlation trade, be adopted to instruct amendatory administration to superintend measure by bureau of Jiangsu card inspect.

By 2017, investor the accused knows, year old of Lan Qian that should expire originally in endowment canal plan, should lengthen a year of cash, at this moment investor just realizes incorrect interest. Media reports the ground before this, not only year old endowment canal plans to pass in Lan Qian and buy fund to cast to 3 enterprises, all with protect a thousand li to business dealings, financial data has look of different general reason, all invest with Gao Yi price, and buy the partner of executive general affairs of fund 100 years old orchid investment also with protect a thousand li to concern about couplet.

In addition, keep a long distance also " oneself one cannot say for sure " . On December 26, 2017, protect a thousand li to release announcement to say, zhuang Min of person of former effective control is suspected of buying money of big and asset, imprest Zhang to trade with investing external, violate compasses assure etc for embezzlement appears on the market the behavior of company profit, the likelihood causes loss of company a huge sum, the company faces significant risk. In addition, protect a thousand li to return exposure, show day up to announcement, company and subordinate subsidiary expire not total of pay off debt makes an appointment with nine hundred and thirty-six million two hundred and fifty-eight thousand two hundred yuan, take a company 21.40% of net assets of audit of 2016 year classics.

Because manage a circumstance to worsen continuously, keep a long distance already " wrap around the star wears a hat " , share tag is changed for " *ST is protected 1000 " . Cannot remand on schedule in what will release last year in May in collect capital announcement, protect a thousand li to say 2017 year of company manage outstanding achievement to appear significant loss, financial standing worsens badly, company capital catenary ruptures, put in debt of big exceed the time limit, face suit of orgnaization of a lot of finance, the company cannot raise to collect money to collect on time to capital inside deadline gold only door remand capital.

Accordingly, have investor doubt, become innovation capital to accuse to manage a respect to did not fulfil his duty in beforehand and postmortem wind greatly. Investor doubt says, serve as professional orgnaization into innovation greatly, behoove is witting equity invests a risk, but did not adopt wind to accuse measure, it is He Zhuangmin signs written agreement merely, by Zhuang Min acceptance has balance complemental or equity is counter-purchased, and did not take the step such as impawn of equity, house property, this whether appeasement Zhuang Min's defalcate?

So, when whether be being publicized into innovation greatly didn't the risk invest this project to undertake announcing adequately? Whether to undertake sufficient beforehand uses up tone? Whether be after problem happening, did not adopt coercive measures, bring about a got-up affair to be sent more serious? To this, the reporter interviews outline at was being sent to its on April 22, but up to before distributing news dispatches, did not reply into innovation greatly.

On November 15, 2018, be in year old endowment canal plans in Lan Qian " 2+1 " after deadline expires, cui Tongyue of president of constant season money, big into innovation capital general manager couplet of tripartite of Chang Yangyu happiness of thing of 100 years old of Deng Shaoyong, Lan Dong is the same as investor to buy fund how to be exited undertook discussion. On the meeting, tripartite expresses to be able to remove administration fee, drive product capital safety to exit as soon as possible.

This year on April 15, administrative National People's Congress becomes innovation, 100 years old orchid investment, and sell goods on a commission basis Fang Hengtian fortune began telephone meeting in the light of investor, the report handles progress.

Basis " international finance signs up for " the reporter takes that day telephone conference recording, say into innovation respect greatly, already Xiang Zhongji assist, circumstance of feedback of court of people of Beijing banking market, to mediating the disbursement of plan, relevant money, already undertook communication with mandatory travel, the company is interior also already flow of open examine and verify, include to hold a board of directors to wait, will boost flow actively next.

100 years old orchid the processing rate of progress planned speed of the company that chief says to understand rock-bottom mark related investment, and at present appraise is worth. Above all, to Guangzhou bay inspected arbitration wins the lawsuit basically already, writ already was in arbitral appoint undertake a kernel, after winning the lawsuit accessibility carry out level compulsively, through equity the auction obtains his to control right, again right Guangzhou bay inspects original imprest and receivable money (beforehand appraise makes an appointment with 50 million yuan - 100 million yuan between) the pursue and wipe out that has capital fund. Next, tianjin Jia Jie also is similar action, wait to undertake equity is auctioned compulsively, recover money of 100 million yuan of or so receivable Zhang again. Finally, to Wuhan conspicuous day, because not be to take arbitral course, walk along proceeding however, win the lawsuit to be become basically finality, just need more time, and fact of company of the other side charges a person also striving for actively reach reconcile.

But after this, the clause allows investor related the agreement removing fee of read out of constant season money " scamper boiler " . Chief expresses related constant season money, be in in base harmonious unship, return of You Hengtian money 18.52 million yuan, 100 years old orchid investment return 10 million yuan, become innovation go back greatly 20 million yuan, convert hind is aggregate retreat investor about 6.9% (close formerly about 9.5% ) administration fee, at present constant season money already went to agree to remove the flow of cost, can cooperate two to remove fee at any time, 100 years old orchid investment, big can start as soon as possible into innovation examine and approve flow.

In the meantime, requirement investor signs an agreement that remove fee, main provision includes: It is this second retreats cost not to regard firm add as, 2 it is the error in regarding tripartite as to plan in endowment canal and mistake, 3 it is become effective of the agreement that remove fee hind, because position of this behavior that remove fee is other,the client must not be in in prospective lawsuit appeal to beg, 4 be measure those who have rock-bottom capital fund to quit the job to support tripartite concentrated force, the client cannot disturb tripartite and correlation square routine, 5 it is to decline the day of cost oneself, the client must not plan Xiang Zhongji with respect to endowment canal assist offer dimension authority application or suit.

"This is imparity agreement. " ground of anger of an investor anger says, "Below the case that proves to become innovation and constant season money to be suspected of con investor with all sorts of methods greatly in numerous evidence, the money that investor wants recapture part to belong to his is the legal right that should use his actually go changing, simply never heard of before, see what one has never seen before. Simply never heard of before, see what one has never seen before..

And side of constant season money is after telephone conference end, released a statement to say, tripartite mediation agreement is product related side, strive for shareholder support into innovation capital greatly especially, perform the procedure that remove fee must file.

"About the tie condition to investor, we consider as without very strong sanction, basically be a gentleman's agreement that reachs consensus foundation to go up in each. " this statement expresses, "The client is signed do not represent abandon advocating legitimate rights and interests, also do not affect each to just continue to fulfill its are right the relevant obligation that series endowment canal plans to should be lost. Also do not affect each to just continue to fulfill its are right the relevant obligation that series endowment canal plans to should be lost..

So, doesn't investor of the requirement in the agreement get Xiang Zhongji assist is application dimension authority reasonable?

Beijing is filled with division (Guangzhou) He Jun of lawyer of major of fund of collect of senior partner, illicit is accepting attorney office " international finance signs up for " when the reporter interviews, express: "Because of,litigant authority is one party break a contact, and by the right that defends what just arise about to investigate duty of law of method of break a contact. If the contract just can abide by the content that mediates an agreement each, criterion investor has no right to lodge a complaint. If retreat fee agreement to cannot be carried out, exercise having right tells investor to authority undertakes prosecution finding out, because this is retreating fee agreement lieutenant general to accuse authority undertakes limitative, harm the interest of investor otherwise. Harm the interest of investor otherwise..

"If be regular investment risk, I also admitted. But discover in after the event, the flaw in investing a process 100. " Li Ye expresses helplessly.

So, whether should invest occurrence problem to invest a risk for normal market?

He Jun thinks: "2015, resemble year old of Lan Qian in endowment canal plans such trading the structure is widespread presence. ' 100 years old orchid investment ' the structured arrangement that carries product of illicit collect fund, for endowment canal the plan installs safe mat, achieve the goal that reduces risk of cash of product exceed the time limit thereby. However, this investment fails, be suspected of possibly also managing a person to fulfil his duty to investigate not complete, management to break duty wait for a problem. Be suspected of possibly also managing a person to fulfil his duty to investigate not complete, management to break duty wait for a problem..

He Jun explains, the information that examines exposure from weather eye is knowable, bad serves as in level of illicit collect fund rear one of " keep a long distance " the company each other with rock-bottom mark is correlation square. Be like rock-bottom mark involve correlation square, it is important that the correlation that need exists to associated square likelihood trades to be trade risk, undertake to investor the risk hints.

Generally speaking, as a result of the existence that correlation trades, effective control person trades easily through forging the record draws out empty company assets, "Safe mat " the effect that can not achieve ideal, "Keep a long distance " the capital after bad comes from the investment capital at investor extremely likely.

In addition, he Jun expresses, explode this thunder is merely " keep a long distance " one of malign influences of the problem. Actually, the administrative punishment that can issue to its from card inspect decides the book is knowable, share is amounted to in 2013 (" keep a long distance " predecessor) undertake bankrupt when reforming, be suspected of offerring false agreement empty to add evaluate value, information to disclose existence the many problems such as false account. Accordingly, explode this the normal market risk that thunder does not belong to investment.

"Should not be normal market risk, have con suspicion. " Jing Min stalking or branch thinks, fund of collect of this kind of illicit is suspected of con case, happen nearly two years many. This kind of case basically has the following 3 features: It is involve correlation to trade or affiliated enterprise; 2 it is to do not have actual project; 3 it is to have fixed profit, and undertook pay.

Jing Min stalking or branch thinks, this case is a kind " mosaic structure " , endowment canal plans to be mother fund, buy fund to be child fund. But even if is such, if be suspected of violating the word of compasses, be about to undertake " penetrable " , find out violate truely compasses and illegal behavior.

The content that already reported according to media, this case cardinal principle accords with 3 con features: It is 3 companies it is to protect company of correlation of a thousand li. Financial data puts the 2 companies that are real investment in the suspicion that make a holiday apparently. According to media coverage, 3 enterprises that be cast because incident of Zhuang Min of deepness be involved in, capital a few sky that be drawn out, be in debt generally lead tall, asset to be faced with big reduce a cost, be close to going bankrupt. 3 it is endowment canal plans to be in the sale, let investor consider as fixed income the product by accident, be in paid every year to concern money, let investor extremely easily consider as accrual.

"Looked at 3 o'clock from above, this plan did not undertake be exitinged normally, not be normal market risk, have con suspicion however, among them Zhuang Min is suspected of crime even. " Jing Min stalking or branch expresses.

In addition, as sell goods on a commission basis whether should square constant season money assume due responsibility?

Analysis of Ke Jing civilian says, released 2016 " behavior of collect of fund of illicit collect investment runs way " the 24th regulation, when collect orgnaization reachs his to recommend illicit collect fund from personnel of course of study, prohibit recommending material state of sex of false account, misdirect is major perhaps omit; Prohibit fund of investor of acceptance of in any way does not suffer lose, or accrual of lowest of investor of acceptance of in any way, include conduct propaganda " expect earnings " , " predicting accrual " , " forecast investment outstanding achievement " wait for relevant content. If evidence makes clear, sell goods on a commission basis money of orgnaization constant season undertook misdirect when selling a product, its are maintained to be likely assume liability to pay compensation, is the problem of go back cost of sales not just.

As to Heng Tiancai rich relevant salesperson confirms the product just is be related of such conduct propaganda namely, "(Heng Tiancai is rich) can reduce a few liability, nevertheless, sale orgnaization should undertake checkup to recommending material, so, selling money of orgnaization constant season is responsible, it is the issue that how existence responsibility size holds only. " Jing Min stalking or branch expresses.

He Jun expresses, investment conduct financial transactions does not exist to protect this protecting absolutely accrual. Although according to trade arrangement installed safe mat, but all sorts of ventures that Fang Jun of the administrative person that plans as endowment canal, sale should announce endowment canal adequately to plan to involve from rigorous angle, cannot keep the content misdirect investor such as accrual in order to protect originally.

In the meantime, he Jun points out, it is in the classification of product of canal of our country endowment, of mark of invest in equity endowment canal plans to be not fixed income product, the sale just undertakes conduct propaganda according to fixed income product, existence reduces product risk intentionally to describe the suspicion with misdirect investor. The administrative person that plans because of endowment canal, sale just is suspected of investor of false conduct propaganda, misdirect, cause losing to investor, ought to sell the agreement such as the agreement according to endowment canal contract, representative, assume corresponding legal responsibility.

So, appeal to according to investor beg, whether can this matter stand for criminal case? "Criminal put on record needs to consider person of the management in this second investment process, sale to just wait to whether be put in the act that violates criminal law. " He Jun thinks, "Although the project is associated square ' keep a long distance ' reach accuse a person to had been superintended actually the branch undertakes administration is punished, whether does further investigation have other and serious illegal action. But to endowment canal plan management support of the people is sold square, if do not have sufficient evidence to prove its break the law badly, the possibility with criminal successful put on record is lesser. The possibility with criminal successful put on record is lesser..

But prospective possibility or increase. Jing Min stalking or branch thinks, in judicatory practice, wanted to use the method that hides the truth or dummy fact to undertake fund raising for the person all right only, all be suspected of using beguiling method to collect money illegally behavior. Occupy a story additionally, zhuang Min is carried collect money paragraph abscond, it is to accord with more be suspected of collecting money the feature of crime of fraud.

Recently, finance superintends a branch to use illicit collect fund to undertake bilk held the meeting technically fund raising with respect to severe Charley, made clear concerned policy, fund of collect of farther clear illicit is registered is not to use illicit collect fund to undertake fund raising of bilk " pretext " . "Accordingly, after this conference, the possibility of put on record of criminal of this kind of case is increased. " Jing Min stalking or branch expresses.

(international finance signs up for reporter Chai Yu)