Exposure is " receivable Zhang money " or " loan " , at present both sides still holds different point of view, but. The superintendency case of bureau of Jiangsu card inspect already maintained song Fei asset to did not fulfil honest credence and careful and assiduous obligation
" investment times " reporter Tian Wen is met
0.42 HK dollar / , meet with doubt " finance affairs makes a holiday " subordinate is a lot of subsidiary already collective goes bankrupt the industry of brightness hill milk of reforming (6863.HK) stop list price to already decided case more than one year.
But story, there was new development again recently.
Recently, one paper superintendency case is bureau of Jiangsu card inspect investor and limited company of management of song Fei asset (asset of next Fei weighing a song) in the investment of industry of brightness hill milk dispute made a preliminary judgement.
Asset of Fei of this superintendency case cognizance song did not fulfil honest credence obligation and careful and assiduous obligation, will " loan creditor's rights " exposure is " creditor's rights of receivable Zhang money " , and did not discover trade of brightness hill breast (China) limited company (next weighing brightness hill China) forms for reporting statistics is mid the apparent mistake that the mark concerns according to Gou Ji.
Song Fei asset says to this response, "Announcement concerned content and relevant court hold a fact with respect to the become effective court decision of brightness hill case somewhat difference.
Song Fei asset, it is Noah fortune group (namely Noah controls a limited company) subordinate and professional asset management platform. The personage is right related Noah fortune " investment times " the reporter expresses, shanghai court of the 2nd intermediate people the result of a court decision before this, be opposite clearly " creditor's rights of receivable Zhang money and creditor's rights make over brightness hill project fact and legal effectiveness " give maintain reach support.
Nevertheless, bought song Fei property law Wu manager Mr Hao of the some orgnaization investor of product of fund of estate of brightness hill milk expresses to the reporter, afore-mentioned court decisions just affirm brightness hill breeds pay off of course of study gives song Fei the money paid for something purchased or received for something sold of asset and relevant cost, did not involve " loan " with " receivable Zhang money " controversy, and in the process that bureau of Jiangsu card inspect obtains evidence in investigation of Xiang Gefei asset, also had read this report.
After afore-mentioned superintendency case are announced, mr Hao expresses, song Fei asset will " loan " pack " receivable Zhang money " , be suspected of " con " , preparation of this orgnaization investor arbitrates to commerce of Shanghai international economy again committee (next weighing that Shanghai international is arbitral center) application is arbitral, contract of requirement cancel primary fund. As we have learned, this company already had arbitrated with respect to information exposure before this, apply for court of Suzhou city intermediate people to be carried out compulsively through the arbitral clause that win the lawsuit. The information that obtains according to our newspaper says, suzhou quadrangle appoints court of elder brother hill to be in at present specific in carrying out.
"Loan " and " receivable Zhang money " controversy
The dispute that breeds in brightness hill from investor and associate with of song Fei asset course of study invests looks, the biggest dispute is " loan " and " receivable Zhang money " state a definition.
And bureau of Jiangsu card inspect released on July 31 " about Fei of singing in antiphonal style asset management limited company takes the decision that issues caution case measure " , push this kind of controversy to climax. This " decision " say, song Fei asset chooses fund of 2 one date, investment at establishing song Fei to achieve a world to actor or actress on March 30, 2016, . In running afore-mentioned fund courses, song Fei asset knows perfectly well fund to get the fundamental capital fund that allow is brightness hill Shenyang the loan creditor's rights to brightness hill China, it is creditor's rights of receivable Zhang money in the exposure in fund contract however, did not fulfil honest credence obligation.
The personage is opposite in the light of this related Noah fortune " investment times " the reporter expresses, "About the file of bureau of Jiangsu card inspect, because inform concerned content and relevant court of the become effective with respect to brightness hill case to the court decision holds a fact,we think somewhat difference, the company already made farther report with superintendency orgnaization with respect to pertinent question. The company has the right that offers suit of administration of administrative answer make peace lawfully, the basis sequel communicates a circumstance, abide by superintendency requirement strictly to undertake checking reaching implementing relevant measure, safeguard company rights and interests lawfully. Safeguard company rights and interests lawfully..
Nevertheless, dai Yan Mr Hao of afore-mentioned orgnaization investor expresses to the reporter, he enquired to the branch is superintended related Jiangsu, up to have not receive song Fei capital fund on August 23 morning any material that offer different opinion in the light of superintendency case. And the reporter still also can not seek view of card both sides from bureau of Jiangsu card inspect.
Relevant personage is opposite Noah fortune before this " investment times " the reporter expresses: The brightness hill project about the transmission on the net " this receivable Zhang money violates relevant accountant common sense, to make a holiday " baleful start a rumour, pure belong to calumniatory. Fund appeals to the contentious case of brightness hill related side, shanghai court of the 2nd intermediate people already adjudicated at making first instance on March 28, 2018, the court decision is opposite clearly as a result " creditor's rights of receivable Zhang money and creditor's rights make over brightness hill project fact and legal effectiveness " give maintain reach support.
Cut screen shows the report of relevant first instance that public figure of this Noah money provides, the court finds out both sides to include without the fact of controversy: On March 17, 2016, company of song Fei company and company of brightness hill Shenyang, brightness hill China, Yang Kai is signed " receivable Zhang money makes over a contract " agreement, company of brightness hill Shenyang is based on his form with come-and-go of capital of company of brightness hill China, the receivable Zhang money that enjoys some total amount to be 590 million yuan to company of brightness hill China makes over song Fei company, make over money paid for something purchased or received for something sold to be 500 million yuan. Song Fei company with respect to this contract next investment plan to establish song Fei to start a life preferential Ji Gefei of an investment fund starts a life preferential 2 investment fund.
Nevertheless, " invest times " the Shanghai that the reporter just offers from an investment 2 quadrangle make over contract dispute about the related side creditor's rights such as song Fei asset and brightness hill China the civil judgment of one case [(2017) Shanghai 02 civilian first 132] complete edition, seeing what this case is aimed at is " creditor's rights makes over contract dispute " . In fact, afore-mentioned lawsuit were not involved right " receivable Zhang money " and " loan " limit controversy, because this one controversy also did not allude in this court decision.
To " receivable Zhang money " definition, release according to the Central Bank " impawn of receivable Zhang money registers way " be weighed, it is the requirement obligor that points to obligee to be obtained because of offerring certain goods, service or establishment payment right and what enjoy lawfully is other pay the request counterpoises, include to show some and the monetary creditor's rights that did not come. The right that receivable Zhang money includes in one is " the creditor's rights that provides loan or generation of other credit activity " .
Do not cross print and distribute of Ministry of finance " company treasurer standard -- apply a guideline " " appendix: Accountant course and main Zhang Wu handle " in right " receivable Zhang money " the regulation of course is: Because enterprise of this course business accounting sells goods, offer the management activity such as the service to answer the money of collection.
To investor, be in " receivable Zhang money " under the name, witting pledge actually (rock-bottom asset) whether be loan just is crucial.
Mr Hao says, song Fei asset and Noah fortune are in sale process and making clear fundamental asset in guideline of sale material product and relevant contract is loan.
Afore-mentioned products that offer in investor " investment guide " in product element introduction, to investing limits state for " creditor's rights of receivable Zhang money " , song Fei achieves world actor to choose contract of fund of an investment fund to be stated mediumly also is " the investment limits of this fund basically lets creditor's rights of receivable Zhang money to suffer " , all did not indicate fundamental asset is " loan " .
An investor offers in complaining a letter, say, noah money is to be concealed in cold blood apparently in selling a process, the behavior of lead investor. Its its think then, "The receivable Zhang money that invests mark forms decision-making to investor investment apparent misdirect. "The receivable Zhang money that invests mark forms decision-making to investor investment apparent misdirect..
Is borrow or lend money real exist?
Another when bureaus of afore-mentioned Jiangsu card inspect superintend the investor in the decision to take seriously very much issue that is held is: Song Fei asset " the estate of brightness hill breast that in was not being investigated to fulfilling one's duty, collects (China) data has limited company related amalgamative accountant forms for reporting statistics careful check and approve, the part in discovering forms for reporting statistics counts the apparent mistake that concerns according to Gou Ji.
Mr Hao thinks, "This is stated, it is to point to to should be opposite between financial forms for reporting statistics of company of hill of two correlation brightness strong, the duty Wu annals of the one party company that masters from now deals with Zhang fund course mediumly and exist without what reflect 590 million loan, just passed through running water with remittance means. The loan between two companies of brightness hill Shenyang and brightness hill China is to reflect apparently legalization only, did not reflect in processing of their financial Zhang Wu in the fact dealing with Zhang fund course in. The possibility that creditor's rights of this receivable Zhang money exists is lesser. The possibility that creditor's rights of this receivable Zhang money exists is lesser..
Send bureau of Jiangsu card inspect in a when afore-mentioned investor offer in complaining a letter, investor suspects brightness hill China has the loan Cong Huishan Shenyang to turn under the counter the likelihood that answer, because this request superintends a branch " thorough is checked what Shenyang of Bank of China divides department of field headquarters trade between March 16 come to turn on January 29 a record.
Mr Hao says, from inside the communication with superintendency personage understanding already was moved to superintendency branch took afore-mentioned brightness hill to breed the relevant bank running water of two related companies records trade. Nevertheless, whether be to brightness hill China in January 2016 - Hui Huishan Shenyang turns loan again between March, superintendency branch has not explain at present.
" investment times " the reporter contacts bureau of Jiangsu card inspect several times, but to cut draft fails to contact this bureau relevant personage verifies afore-mentioned conditions.
Annals shows related the brightness hill China that an investor offers, its handle Zhang money the current year and on year number is respectively 0 with 0, short-term nevertheless loan is respectively 634 million with 662 million, long-term loan parts 195 million with 195 million, other due is respectively 1.514 billion with 626 million. A particular year did not indicate on schemes of afore-mentioned check of forms for reporting statistics. This investor says " the current year " was 2017, "Go up year be " was 2016, the unit is a RMB yuan.
Nevertheless, do not be clear that this capital is like enter an item in an account at present, loan of meeting general of brightness hill China plan join which specific and financial course.
" investment times " the reporter contacts brightness hill to breed course of study appears on the market two public phones of company, but automatic and respondent be spacing or nonexistent this number. Brightness hill breeds call of employment customer service says to offer a product to seek advice only.
Industry of brightness hill milk goes broke the issue that personage criterion shows to not be clear about money newspaper to go up to the reporter related management, if want to understand,cast those representing capital, can send ask card letter.
Draft arbitral cancel contract
The arbitral adjudication book that Shanghai international arbitrated the center is made on March 22 this year shows, afore-mentioned orgnaization investor were going to Noah on March 30, 2016 (Shanghai) remittance of limited company of adviser of fund sale investment buys song Fei 10 million yuan to achieve world actor to choose an investment fund.
The song Fei that afore-mentioned investor show achieves world actor to choose an investment fund " fund contract " show, fund manages capital fund of factitious song Fei, fund puts add deadline to predict 12 months.
Mr Hao is right " investment times " the reporter expresses, with respect to contract dispute and compensatory requirement, bureau of Jiangsu card inspect suggests they and song Fei asset negotiate, perhaps solve through way of arbitral, judicatory.
Mr Hao says, already considered to prepare to arbitrate to Shanghai international the center applies for the arbitration with song Fei asset again at present, and with the other side " con " for contract of application cancel primary fund.
Mr Hao thinks, about receivable Zhang money, the relevant regulations of the Ministry of finance has specific definition, song Fei asset answers this as corporation of professional conduct financial transactions hep, and song Fei asset is in knowing perfectly well industry of brightness hill milk is loan between two related companies (from property of be in harmony) , still pack receivable Zhang money intentionally to deceive misdirect fund investor. In fact, bureau of Jiangsu card inspect also confirmed song Fei substance at present is " know perfectly well " . Hao expresses, if song Fei asset is in,be being informed clearly is two related companies between loan, and assure without effective belongings, they won't be bought absolutely. He thinks the behavior of song Fei asset is " baleful and con " .
Mr Hao says, the basis that files cancel fund contract is the relevant provision of civil code general principles, contract law.
" civil code general principles " regulation, "One party with fraudulent means, make the other side leaves executive civil law action in the condition that violates true meaning, suffer con Fang Youquan to request people court to perhaps arbitrate the orgnaization gives cancel. " " the 3rd person carries out fraudulent action, make one party leaves the civil law action that carry out in the condition that violates true meaning, the other side knows or ought to know this are con of behavior, suffer con Fang Youquan to request people court to perhaps arbitrate the orgnaization gives cancel. Suffer con Fang Youquan to request people court to perhaps arbitrate the orgnaization gives cancel..
" contract law " in also have similar provision. Nevertheless, it is to be being denied then " con " , the likelihood needs law to decide. Song Fei assets is current to " receivable Zhang money " the definition also has different view.
