Rip Beijing bank! One billion four hundred and ten million and sixty-five thousand four hundred and eight deposit confuse Kang Dexin bureau perform the 2nd season, show cash government agreement is violated continuously compasses is invalid, already complained to superintendency layer
"Rip " !
*ST health get one billion four hundred and ten million and sixty-five thousand four hundred and eight deposit to confuse bureau, in experienced as silver-colored as Beijing luggage foolish, after swinging the play such as boiler to pile up, begin to perform the 2nd season.
On May 15 evening, *ST health get announcement to say, the company already cased at giving out business affairs to subbranch of a bank of Beijing bank Xidan on May 14, point out " agreement of cooperation of cash management business " because of lawbreaking and from only then invalid, the requirement restores corresponding child the independent character of account, reserve the right that takes farther law action to maintain relevant company profit. Company management layer already Xidan subbranch of a bank violate compasses behavior to undertake complaining to superintendency branch.
Why does gut develop such? Let us see antecedent reviewing first:
12.2 billion yuan of deposit " disappear without trace "
*ST health explode this recently thunder results from annals is medium 2018 remaining sum of 12.2 billion yuan of deposit " disappear without trace " . Company 3 alone direct office of division of peace conference plan raises intense doubt to depositing the authenticity of 12.2 billion yuan of deposit at subbranch of a bank of Beijing bank Xidan.
Ask ask as two rounds when reach place greatly, the core of the problem -- control a partner health invest group and Beijing bank were signed " agreement of cash management cooperation " exposure.
According to the agreement, its account remaining sum manages according to more than 0 foreheads, namely each child the capital sum of account puts in collect 's charge to arrive health invest a group account. Simple for, it is *ST health the money that gets Zhang to go up, can delimit parent company account goes up automatically, and still show on company net silver have so much money.
When thing both sides, one is in former days Bai Ma of one billion two hundred and fifteen million seven hundred and fifty-two thousand one hundred and ninety-two market prise, one is to appear on the market city commercial firm " leading sheep " ,
It is at the beginning " be utterly ignorant " .
See *ST Kang Deru why reply pay close attention to case:
1, because the company cannot be checked health the cash flow condition of invest a group account, the company cannot define company capital at present whether already by health invest a group blame manages a gender to take up.
2, till company cannot on schedule cash principal and interest, the company receives forensic belongings to protect full text postscript, the actual remaining sum that just discovers Kang Dexin and account of subbranch of a bank of Xidan of Kang Dexin photoelectricity is 0.
Beijing bank respect, office of lucky China accountant knows linkage account news to Beijing bank, beijing bank clerk did not grant to reply in phone pay a return visit.
While outfit is foolish, both sides still does not forget to swing boiler each other.
*ST health must say:
1, as " agreement of cash management cooperation " sponsor row, xidan subbranch of a bank concealed the problem that monetary fund deposits, did not hint company.
2, Xidan subbranch of a bank also does not cooperate to launch further investigation, the company cannot reach its subordinate through Kang Dexin the account of 3 companies understands linkage account interior to run a condition. The company already superintended a branch to complain to negotiable securities and bank, apply for to increase Xidan subbranch of a bank to serve as the accused to the court in concerned lawsuit.
On May 9, beijing bank head office also had a response, carelessness is " I do not carry this boiler on the back " :
1, " subbranch of a bank of Beijing bank Xidan and Kang Dexin conclude " agreement of cooperation of cash management business " , it is each according to " contract law " relevant provision, act on freewill, equal principle to sign. The behavior that the contract concludes accords with relevant law provision. The behavior that the contract concludes accords with relevant law provision..
2. , ask card case answers office of lucky China accountant case, subbranch of a bank of Beijing bank Xidan was sent on April 26, office of lucky China accountant on April 29 early at 9 o'clock sign after receiving sth. Reason Beijing bank did not case to the ask card that its issue give the circumstance of the reply and fact not agree with.
To the core of the problem, do 12.2 billion yuan of deposit go after all which? Two everybody did not say to be clear about.
Show the agreement is violated continuously compasses is invalid
Gut undertakes here, *ST health perform directly the 2nd season, rip Beijing bank.
With early before what reply bourse asks ask is ambiguous contrary, the company gave out to Xidan subbranch of a bank on May 14 " business affairs cases " in show an attitude. *ST health maintain directly " agreement of cooperation of cash management business " belong to violate compasses agreement, from only then invalid. The requirement restores corresponding child the independent character of account, reserve the right that takes farther law action to maintain relevant company profit.
*One situation shows ST Kang Dejin, company management layer already Xidan subbranch of a bank violate compasses behavior to undertake complaining to superintendency branch, legal laws and regulations takes sequel general ground related the country further step, reduce the loss that causes to company, creditor and investor.
*ST health the basis that must put forward basically has at 2 o'clock:
It is " agreement of cooperation of cash management business " do not accord with " appear on the market the company administers standard (2018) " the 68th about appearing on the market the requirement of company independence, namely, "Accuse to be controlled a partner, actually person and appear on the market the member that the company ought to execute a person, asset, financial departure, orgnaization, business is independent, respective and independent business accounting, independence assumes responsibility and risk " , disobeyed badly appear on the market the financial independence of the company, thereby the personal interest that huge harmed the corporation's regular operation state and broad shareholder;
2 be " commercial banking law of People's Republic of China (amended 2015) " the 6th regulation, the commercial bank ought to ensure what the legitimate rights and interests of depositor does not get any units and individual to encroach, " agreement of cooperation of cash management business " the regulation that violated law, statute, brought about company and subordinate loss of fund of 3 subsidiary money. " agreement of cooperation of cash management business " because of breaking the law from only then invalid!
Finally, *ST health must put forward to Xidan subbranch of a bank, advice-note its remove instantly " agreement of cooperation of cash management business " , exit cash management to serve a network, restore corresponding child the independent character of account, ask Xidan subbranch of a bank to give cooperate.
Follow-up gut is worth to expect
*ST health a when get " business affairs cases " , will contradictory focus pointed to Beijing bank.
Personage of the market before this also spits groove in succession, think the cash pool business of the bank became large stockholder to take up appear on the market of company capital cover a region newly, oppugning this is the behavior that make a holiday.
Nevertheless, the personage inside course of study points out, a lot of banks are in now begin cash pool professional work, the bank has civil contract, subsidiary has an accredit book, it is to close commonly compasses suffer superintend.
From inside making known his position bilaterally, also can see difference is in:
*ST health when pay close attention to in the reply case, saying all the time is to control a partner health invest group and subbranch of a bank of Beijing bank Xidan were signed " agreement of cash management cooperation " . Make a company to providing gymnastics not know the inside story.
And the response of Beijing bank head office says, it is to mix appear on the market company *ST health must conclude " agreement of cooperation of cash management business " .
In *ST health in reply case accessory, also can see a few clue. *3 subsidiary mix subordinate of ST Kang Dehe subbranch of a bank of Beijing bank Xidan signed cash management to serve a network to join requisition.
Solicitor of some large attorney office is analysed, cash government agreement is commonly in group interior, sharing principal part is wholy-owned subsidiary. If inside clip wears to appear on the market company, have a problem. Appear on the market the company is to need to vote independently. The effectiveness impeach dot of this agreement depends on voting program, vote through plenary meeting of board of directors, shareholder namely. If voted, at the outset should announcement.
The personage inside course of study points out, this year in Feburary, *ST health got a board of directors to undertake changing blood greatly. Appear on the market from the near future the company is adopted to solid Zhong Yu charging a person the response of coercive measures, and make known his position with what Beijing bank cash reserve in a bank runs an agreement, new a board of directors and large stockholder the sign that makes cut is apparent.
And " from only then invalid " 4 words may be follow-up gut to bury next foreshadowing.
Afore-mentioned lawyers express, *ST health get making known one's position is, because agreement of cooperation of cash management business breaks the law from invalid at the beginning, sequel is returned the ground relevant law laws and regulations takes the country further step reduces a loss, mean both sides to still will generate controversy at this point.
