Xiamen Trust was accused of "moving the safe" and ushered in the follow-up.
On June 16th, Xiamen International Trust Co., Ltd. (hereinafter referred to as "Xiamen Trust") issued a solemn statement in official website and the official WeChat WeChat official account, claiming that Xiamen Rongben Real Estate Co., Ltd. (hereinafter referred to as "Xiamen Rongben") and Xiamen Liangxing Real Estate Co., Ltd. (hereinafter referred to as "Xiamen Liangxing") did not hold a board meeting or a shareholders meeting. The legal representatives of Xiamen Zhengben Real Estate Co., Ltd. (hereinafter referred to as "Xiamen Zhengben Real Estate"), Xiamen Zhengsong Real Estate Co., Ltd. (hereinafter referred to as "Xiamen Zhengsong Real Estate") and Xiamen Rongheng Industrial Co., Ltd. (hereinafter referred to as "Xiamen Rongheng Industry") were changed without authorization, and the seals (including official seals) of the three companies were privately engraved without authorization.
"In view of the fact that the official seals of the three companies illegally engraved by Xiamen Rongben and Xiamen Liangxing and the changed legal representatives do not have legal effect, the borrowing, guarantee, investment, signing of commercial housing sales contracts and all other actions undertaken by Zhengben Company, Zhengsong Company, Rongheng Company and the new legal representatives of the three companies on behalf of the company are invalid." Xiamen Trust wrote in the statement.
Image from official website, Xiamen International Trust Co., Ltd.
Tianyancha App shows that the above three companies (Xiamen Zhengben Real Estate, Xiamen Zhengsong Real Estate and Xiamen Rongheng Industry) all reissued their licenses on May 31, and their legal representatives were changed from Huang Linhui to Yang Gaopan on June 6.
The Paper reporter repeatedly called the telephone numbers disclosed by the above three companies. After the connection, the reporter asked if the other party was Yang Gaopan, and the other party asked "What’s the matter". After hearing the interview related to the above incident, the other party replied "Sorry, I have something to do now" and hung up the phone.
Xiamen Trust responded to The Paper that when the trustee moved the safe, the other party called the police, but the trust did not call the police at that time. "Other questions, we will communicate in time if there is relevant progress in the follow-up, and it is not convenient to reply at present."
Some people in the trust industry told The Paper that there was a similar "scramble for safes" in the trust industry last year, but at that time, the trustee called the police. He believes that "enterprises should call the police to deal with such things, and then see how the police handle them."
For the trustee to take custody of the safe that should be co-managed, and the real estate party to renew the license and legal representative, a legal practitioner analyzed to The Paper that if the act done for the company’s benefit is legal and effective, the trust company also accused the real estate company of illegally engraving the official seal and illegally using the official seal, which was actually not recognized. However, it is invalid for the real estate company to violate the resolutions of the shareholders’ meeting that the trust company should enjoy as a shareholder, and the shareholders’ voting of interested parties, but the real estate company has not avoided voting or failed to maximize the interests of the company or shareholders.
The background of the incident of Xiamen Trust and related real estate developers "competing for safe"
Earlier in May, it was reported on the Internet that the safes of the cooperation project between Zhengrong Real Estate and Zhongliang Real Estate in Xiamen, Fujian Province were lost, and it was pointed out that Xiamen Trust, another partner of the project, moved the safes.
According to a number of media reports, the safes contain official seals, financial seals, corporate seals, blank checks, land use certificates, work regulations, construction permits and other valuables of Xiamen Zhengben Real Estate, Xiamen Zhengsong Real Estate and Xiamen Rongheng Industry.
Some media mentioned that the above-mentioned tripartite cooperation project of Zhengrong Real Estate, Zhongliang Real Estate and Xiamen Trust is Zhengrong Zhongliang Tianzhu Runchen. The Paper saw from a number of purchase platforms that the investor of Zhengrong Zhongliang Tianzhu Runchen Project is Xiamen Rongheng Industry, and the developers are Zhengrong Real Estate and Zhongliang Holding Group. The opening time is to be determined.
On May 18th, Xiamen Trust issued a solemn statement in official website and the official WeChat WeChat official account, saying that in order to safeguard the interests of investors and the safety of state-owned assets, our company exercised its contractual rights in accordance with the law in case the other party breached the contract first. At present, the safe is safely stored in our office, the original seal remains intact, and it is under 7*24-hour video surveillance. Our company will still keep the seal and bank account materials in strict accordance with the agreement. In addition, our company will adhere to the principle of giving consideration to the interests of all parties and communicate with relevant parties to promote the project.
Image from official website, Xiamen International Trust Co., Ltd.
Tianyancha App shows that the shareholders of Xiamen Zhengben Real Estate are Xiamen Rongben (holding 51%), Xiamen Trust (holding 44%) and Xiamen Liangxing (holding 5%). Among them, Xiamen Zhengben Real Estate holds 100% of Xiamen Zhengsong Real Estate, and Xiamen Zhengsong Real Estate holds 100% of Xiamen Rongheng Industry.
Official website showed that Xiamen Trust was formerly a financial company of Xiamen Special Economic Zone established by Xiamen Municipal Government in January 1985, and was renamed as Xiamen International Trust and Investment Company with the approval of China People’s Bank in 1986. It is a non-bank financial institution with legal personality. In August 2007, the former China Banking Regulatory Commission approved the renewal of a new financial license. Up to now, the registered capital of Xiamen International Trust is RMB 4.16 billion (including foreign exchange capital of US$ 15 million). The shareholders are Xiamen Jinyuanjin Holding Co., Ltd. (accounting for 80% of the shares), Xiamen Jianfa Group Co., Ltd. (accounting for 10% of the shares) and Xiamen Port Holding Group Co., Ltd. (accounting for 10% of the shares). All three shareholders are wholly state-owned enterprises.