Golden flower share control was “removed”, the former Richest man in Shaanxi publicly questioned xi ‘an Intermediate court

2022-05-04 0 By

After the market on January 25, The former controlling shareholder of Golden Flower Stock (600080.SH) golden Flower Investment Holding Group Co., LTD. (hereinafter referred to as Golden Flower Investment) and the actual controller wu Yijian, the former richest man in Shaanxi province, posted on the official official account of Golden Flower Investment that the Intermediate People’s Court of Xi ‘an, Shaanxi Province (hereinafter referred to as:Xi ‘an Intermediate Court) determined to force the auction of golden flower investment held golden flower shares.Prior to the evening of January 24, Golden Flower Shares disclosed on the shareholder’s rights and interests of the advisory announcement, the company’s original controlling shareholder Golden Flower investment held unlimited sale circulation shares of 66.897,700 shares (17.92% of the total number of shares of the company, accounting for 93.63% of the total number of shares of golden Flower Investment holding company) by the judicial auction,Xinyu Xingpeng Co-creation Enterprise Management Partnership (limited partnership) (hereinafter referred to as: Xingpeng Co-Creation), Wu Xinjin and Xiong Junyan won with the highest bid in the open bidding.Golden Flower shares said in the above announcement, this change in interests does not touch the tender offer, will lead to changes in the company’s controlling shareholders and actual controllers, the company will temporarily have no controlling shareholders and actual controllers.Data show that The shenwan industry of Jinhua Shares is traditional Chinese medicine, and the representative products are transfer factor oral liquid/capsule, artificial tiger bone meal/Jintiantie capsule, etc. In the first three quarters of 2021, the company achieved operating revenue of 391 million yuan and net profit of 23 million yuan.Public materials of xi ‘an Intermediate People’s Court’s “Four auctions” pledge shares show that the judicial auction dates back to 2018.On February 11, 2018, Golden Flower Investment provided pledge guarantee with 66.897,700 shares of listed Company Golden Flower held by it, and applied for trust loan business of 613 million yuan in Xizang Trust and notarized it.Since Golden Flower Investment failed to repay the loan on schedule, Xizang Trust applied for the Notary Office to issue the Certificate of Execution in January 2021, and then applied to Xi ‘an Intermediate People’s Court for execution.During the execution of the case, Xi ‘an Intermediate People’s Court froze 66.897,700 shares of Golden Flower held by Golden Flower Investment, and also sealed the xi ‘an Qinling International Golf Club mortgage owned by Golden Flower Investment, which has been assessed with an estimated value of more than 700 million yuan.On June 18, 2021, the Xi ‘an Intermediate Court announced that it would auction about 66,897,700 shares of Golden Flower held by Golden Flower Investment from 10:00 on July 16, 2021 to 10:00 on July 17, 2021.However, Golden Flower investment believes that there are flaws in the execution of the people’s court online auction, and filed an execution objection to xi ‘an Intermediate Court.Later, xi ‘an Intermediate Court suspended the auction on the grounds that “outsiders raised reasonable objections to the property auction”.Soon after, the Xi ‘an Intermediate Court issued a notice that it would auction the shares again from 10 am on August 21 to 10 am on August 22, 2021.However, the announcement was released shortly after the Xi ‘an Intermediate Court and auction notice withdrawn.On August 31, 2021, Golden Flower Shares received a letter of notification from controlling shareholders, xi ‘an Intermediate Court for the third time announced that it would auction the golden Flower shares held by Golden Flower Investment at 10 o ‘clock on September 30, 2021.But an hour before the auction was due to begin, the Xi ‘an Intermediate Court suspended the auction, citing “legitimate objections from outsiders to the property being auctioned”.More than three months later, on December 6, 2021, Xi ‘an Intermediate Court again announced that it would auction the above shares on taobao.com judicial auction network platform from 10:00 on January 14, 2022 to 10:00 on January 15, 2022 (except delay).According to the Confirmation of Successful Online Bidding issued by judicial auction online platform, the bidding result of online auction is: “User names Xinyu Xingpeng Co-creation Enterprise Management Partnership (limited partnership), Wu Xinjin and Xiong Junyan won with the highest bidding price through the bidding number C4008 at 10:00:00 on January 15, 2022.”Golden flower investment issued a solemn statement shares were successfully auctioned this result, perhaps golden flower investment and its actual controller Wu Yijian do not want to see.According to public documents, Wu Yijian was born in 1960. He founded The Golden Flower Real estate Development Company in 1991 and led the company to go public in 1997. He was once the richest man in Shaanxi province.Wu Yijian and Golden flower investment are more willing to go through bankruptcy proceedings.On January 13, according to the golden flower shares late announcement, the company on January 12, 2022 received golden flower forward investment of Beijing dongcheng district people’s court execution decision, decision, according to ningxia crown yue investment management co., LTD. Apply to the Beijing dongcheng district people’s court for bankruptcy ginwa investment, review of the Beijing dongcheng district people’s court,In accordance with the Enterprise Bankruptcy Law of the People’s Republic of China and other regulations, we decided to transfer the execution case of Golden Flower Investment to shaanxi Intermediate People’s Court for bankruptcy examination.According to article 8 of the Guiding Opinions of the Supreme People’s Court on Several Issues concerning the transfer of execution cases for Bankruptcy Review, the execution court shall notify all known execution courts in writing after making the transfer decision, and the execution court shall suspend the execution procedure of the person subjected to execution.January 25 at 4:00 PM, golden flower investment official public number issued “on the Xi ‘an Intermediate Court illegal auction golden Flower holding equity solemn statement” (hereinafter referred to as “solemn statement”) said, Golden flower investment against the illegal auction behavior, has put forward a number of objections, and make ten solemn statement.Golden Flower Investment pointed out that Xi ‘an Intermediate People’s Court failed to comply with article 4 of the Supreme Court’s judicial Interpretation on COVID-19: “To effectively prevent execution of property from being disposed of at a low price…During the pandemic…If the person subjected to execution applies for suspension of the auction, the people’s court may permit it.Yin Persimo Financial reporters found relevant articles in the Guidance of the Supreme People’s Court on Some Issues concerning the Proper Handling of COVID-19 Execution Cases in accordance with the Law.”Xi ‘an Intermediate People’s Court did not suspend execution after receiving the execution reversal decision made by The Dongcheng District Court of Beijing,” Golden Flower investment said in a solemn statement.In the turn of decision, the applicant of ningxia yue crown and ginwa investment use EMS mail, WeChat SMS messages submitted, litigation service window, submitted to the judge to perform a variety of ways, such as told the judge, xi’s procuratorate, the court also in shaanxi province in accordance with the authority to supervise, in particular, China securities network, the Shanghai stock exchange publicly issued before an auction of turn broken court decision of prompt notice,Xi ‘an Intermediate People’s Court still refuses to suspend execution in accordance with the Provisions of the Supreme Court concerning the enforcement of judicial interpretation, and insists on illegal and forced patting.”Regarding the above dispute, according to relevant media reports, Wang Yibo and Xing Liping, lawyers from Shanghai Duanheduan (Xi ‘an) Law Firm, believe that bankruptcy and public auction first differ in the time of stock disposal, xi ‘an Intermediate People’s Court has entered the execution procedure, can dispose of golden Flower investment held at any time.Dou Fangxu, senior partner of Jin Tiancheng Law firm, accepted media reports and expressed a different view, “if the bankruptcy acceptance time is before the auction, then the auction court after receiving the bankruptcy acceptance notice, the need to suspend the auction, and transfer.But if the acceptance notice is not delivered, there is no problem with the auction process.On the above questions raised by Golden Flower investment, Silver Persimo financial reporter on January 26 called the Golden Flower stock securities department for consultation, as of press time, the phone has not been connected.Golden Flower shares temporarily short of controlling shareholders in the evening of January 24, Golden flower shares disclosed on shareholder equity changes in the suggestive announcement, the equity changes after the transfer of shares, Golden Flower investment holding company’s shares will be reduced to 4.55 million shares, accounting for 1.22% of the company’s total share capital;Xingpeng Cochuang holds 33.448,800 shares of the company’s unlimited free float, accounting for 8.96% of the company’s total share capital.Wu Xinjin holds 17.4602 million shares of the company’s unlimited tradable shares, accounting for 4.68% of the company’s total share capital.Xiong Junyan holds 15.9885 million outstanding shares of the company for unlimited sale, accounting for 4.28% of the company’s total share capital.Golden Flower stock states that this change in equity does not touch the tender offer, which will lead to changes in the controlling shareholders and actual controllers of the company, and the company will temporarily have no controlling shareholders and actual controllers.According to the rough estimate of disclosed information, after the change of equity and share transfer, Xing Boyue (17.3%) holds the largest number of golden Flower shareholders, and the rest are Institutions and natural persons such as Xingpeng Cochuang (8.96%), Century Golden Flower (8.04%), Wu Xinjin (4.68%), Xiong Junyan (4.28%).It is worth noting that xing Peng Tongchuang, Wu Xinjin and Xiong Junyan, who obtained the shares through judicial auction, are all from Jiangxi province, so they may not rule out the possibility of acting in concert.Up to now, the three parties hold a total of 17.92% of golden Flower shares, has exceeded the shareholding ratio of Xing Boyue.Golden Flower investment in January 25 afternoon issued a “solemn statement” mentioned that the execution of the case started at the end of January 2021, the only joint bidder to participate in the auction Xingpeng tongchong was established in March 2021, subscribed 1 million yuan;On The auction day of January 14, 2022, the company introduced new shareholders and was approved to subscribe to 180 million yuan with a subscription period of 30 years.Golden Flower investment said the company is more like a purely empty – handed new acquisition of shares.Golden Flower investment also said that the joint bidder Xiong Junyan was born in 1991, also need to pay 127 million yuan of funds, the bidder’s legal sources of funds worth exploring.According to Qichumchah data, the date of establishment of Xinyu Xingpeng Co-creation Enterprise Management Partnership (limited partnership) was March 24, 2021, and the approval date was January 14, 2022.Approval date on the same day, the company’s shareholding changes, the introduction of new shareholders.Among them, Nanchang Gold Investment Capital Management Co., Ltd. contributed 158 million yuan, accounting for 87.89%;Shenzhen Huayi Asset Management Co., Ltd. invested 20 million yuan, accounting for 11.11%;Jiangxi Gold Investment Fangli Health Management Co., Ltd. invested 1.8 million yuan, accounting for 1%.Photo source:Chumchia official website after the market on January 25, the Shanghai Stock Exchange issued a regulatory letter to Golden Flower shares urged that the company and relevant shareholders should be combined with the current shareholding ratio of shareholders, the composition of board members and their recommendation and nomination of the main body, the actual situation of past decisions, the agreement between shareholders or agreed, voting arrangements, etc.,The ownership of control rights of the company shall be determined objectively, prudently and truly, and shall not be determined as having no controlling shareholder or actual controller without justifiable and reasonable reasons.The actual controller of golden flower shares will eventually spend who, silver Persimmon finance will continue to pay attention to.