In accordance with Wang Xianyao's request, in the summer, he is drafting a report on the implementation of the loan repayment according to law for Shenzhen Xiongying Industry and Trade Co., Ltd., Shenzhen Baoan Huanglong International Hotel, and Shenzhen Sanba Co., Ltd. Pen % fun % Pavilion www.biquge.info

Summer wrote:

Instructions on the submission of the company to be sued

Legal Department of Head Office:

Our bank plans to carry out the prosecution of the third batch of enterprises that have cleared loans in accordance with the law. The relevant situation is reported as follows:

1. Shenzhen Eagle Industry and Trade Co., Ltd.:

The company is a national enterprise, and the legal representative Li Yihua is an expert who enjoys the allowance of the State Council. On May 15, 1995, the company applied for a loan of 27 million yuan from our bank, intending to pledge the 30 million yuan fixed deposit certificate issued by Zhu HAI of course Co., Ltd. from the South AO branch of the state-owned bank, during which it negotiated with our service agency for several months. After the People's Bank of China took over the financial service cooperative, in the process of submitting the loan, the credit department of the head office required to verify the authenticity of the deposit slip and the source of the enterprise's deposits, and should go through legal notarization before the loan. To this end, our bank has twice sent personnel to the South AO branch of the state-owned bank to verify, and the relevant personnel of the bank signed the commitment of "the above-mentioned deposit certificate is true, and agrees that the unit will not handle the request of early payment and loss reporting and transfer to Shenzhen Hubei Financial Services Society after expiration", affixed the official seal and signed by the president of the bank, Shen Zhaoyou. Subsequently, our bank handled the notarization on August 7, 1995, and on August 8, the loan of 27 million yuan with a term of 12 months was shipped.

In the loan audit self-examination carried out in mid-August 1995, our bank sent a letter to the South AO Branch of the state-owned bank on August 28, 1995 with the letter of Shen Shi Yinhu Xing Xin Zi (1995) No. 001 "Letter on the Mortgage Loan of the Fixed Deposit Certificates of Zhu HAI of Course Co., Ltd.". The loan is overdue, and the interest is 3.75 million yuan. Before the loan expired, our bank repeatedly contacted the borrower, the pledgee and the South AO Branch of the state-owned bank to request the transfer of the deposit to repay the principal and interest of the loan, but the legal person of the borrower never met with each other, and the South AO Branch refused to fulfill the commitment on various grounds such as "the former president was transferred out due to illegal operation" and "the deposit of the fixed deposit certificate is false, and the superior bank and relevant departments are investigating and dealing with it".

Recently, in a news report, a certain newspaper referred to Wang Feng, the legal representative of Zhu HAI Course Co., Ltd., as a "lawbreaker." Obviously, this is related to the collusion between him and some bank staff to falsely issue certificates of deposit to defraud loans.

2. A series of loans from Shenzhen Baoan Huanglong International Hotel:

In June 1994, the hotel used the real estate of the Huanglong Hotel as a mortgage and applied to the former Hubei Financial Services Society for the mortgage registration of a loan contract of 30 million yuan, and on June 24, 1994, the goods were sold for 5 million yuan, and then the loan was suspended because the People's Bank of China closed down the business of our service agency for rectification. On January 3, 1995, the remaining mortgage contract was increased by 400,000 yuan, and the remaining mortgage contract was emphasized by the People's Bank of China due to the audit conclusion that the loan amount of a single enterprise should not exceed 30% of the share capital of the service cooperative.

Shenzhen Bao'an Harmony Trade Development Company borrowed 5.4 million yuan for a one-year loan on September 22, 1994, and currently owes 1.411 million yuan in interest.

Shenzhen Baoan Longteng Industrial Company borrowed 5.4 million yuan for a one-year loan on October 13, 1994, and currently owes 1.38 million yuan in interest.

On December 1, 1994, Knorr Hotel took out a one-year loan of 5.4 million yuan, and the current interest arrears are 1.247 million yuan.

Shenzhen Jintai Industrial Co., Ltd. borrowed a one-year loan of 5.4 million yuan on February 23, 1995, and currently owes interest of 996,000 yuan.

The total principal of the above five enterprises is 27 million yuan, and the interest arrears are 6.184 million yuan.

3. Series of loans from Shenzhen 38 Co., Ltd.:

In June 1994, Shenzhen Sanba Co., Ltd. handled a loan contract of RMB 15 million with our bank, mortgaged the real estate of Shenzhen Nanshan Wuda Co., Ltd. (Shen Fang Di Zi No. N101234X), and loaned a semi-annual loan of RMB 8 million on the day of the contract signing on June 16, 1994 (the procedures for supplementing the office permit during the suspension of business). On August 4, 1995, the three-month loan of 3.5 million yuan was increased.

Because the original intention of establishing business ties between 38 Co., Ltd. and Hubei Financial Services Co., Ltd. was to raise funds for the construction of 38 Building, the bank had a tacit understanding with the enterprise and signed a medium and long-term large-amount loan contract. In August 1994, due to the audit conclusion of the People's Bank of China, which emphasized the restriction on the loan amount of a single enterprise, after the study of the service cooperative, the bank and the enterprise agreed to adopt an alternative method through consultation, and other customers contacted by the borrower lent a total of 10.8 million yuan, specifically:

On September 17, 1994, Shenzhen Youbang Industrial Co., Ltd. paid 5.4 million yuan, adopted the transfer of mortgage rights, and Shenzhen 38 Co., Ltd. issued a guarantee loan. At present, the interest arrears are 976,000 yuan.

On February 16, 1995, Shenzhen Baogang Industrial Co., Ltd. borrowed a one-year loan of 5.4 million yuan, which was also mortgaged by transfer and guaranteed by Shenzhen 38 Co., Ltd. At present, the interest arrears are 964,000 yuan.

The total loan principal of the above three enterprises is 22.3 million yuan, and the interest arrears are 4.685 million yuan.

The above-mentioned three series of nine enterprises have been negotiated and collected by our bank for many times, but they have achieved little success and must be cleared in accordance with the law. To this end, it is hereby reported to the head office.

If not, please reply.

Citizen Bank Hubei Branch

20 August 1996

After writing it in the summer, I thought about it in detail and thought: "Of the above three, the last two are the lenders of which I am one of the managers, and they have my signature in them. As soon as this matter is settled, I will not have much loan as the handler. The two companies evolved into eight, and this involves the issue of whether the transfer of mortgage rights can be recognized by the court, which is actually my personal flexible creation under the circumstances of the time. Previously, Guiz China Merchants (Shenzhen) Company and Taishan Industry and Trade Company were invalidated because of the relationship between the national enterprises, and their mortgages and transfer mortgages were invalidated, and I wish the judgments of these enterprises all the best. ”

After reading the full text, Wang Xianyao felt that there was nothing wrong, signed the words "agree to report", and took the manuscript back to the confidential room in the summer, and asked Han Xiaoniu to print and report the document number.

After the phone rang, Xia answered the phone and said, "Hello! ”

The other party said, "Manager Xia, I am Li Ping from Shekou Branch, I want to consult, please help." ”

Summer said: "You say, everyone in the system is easy to say." ”

Li Ping said: "We have a Shenzhen AIA Industrial Co., Ltd. here, and I want to make a loan here, but judging from the loan certificate, I have borrowed 5.4 million yuan from you, which is overdue. I asked his legal representative, Wei Jianliang, and he said that he was helping 38 Co., Ltd. with a loan, and he didn't need his company to repay it. Is that so?"

Xia said: "Before and after the loan was issued, and even during the audit before the takeover of the Citizens Bank, I asked Wei Jianliang many times, and he gave me the impression that he was a very simple person. He said, 'If you borrow, you will borrow, and when the time comes, you will pay it back!' It was only recently when I was about to sue their company that I felt that something was wrong with him. ”

Li Ping asked, "Are you going to sue them?"

Xia said: "Yes, but it is true that their company has a cooperation project with 38 Co., Ltd., and his finance minister, Luo Changzi, left the company to work in an accounting firm, and he came to me in order to attract customers, which was confirmed." Therefore, the two companies are common users and project partners. ”

"Thank you, Manager Xia. Li Ping put down the phone.

When Xia was talking on the phone, planner Zhang Bo was already standing in Summer's office, handing the "Position Table" to Summer's desk, as if there was something and waiting for Summer to finish the call.

After Xia put down the phone, Zhang Bo said, "Manager Xia, I want to tell you something." ”

Summer said, "Please tell me something." ”

Zhang Bo said: "Let's talk about this "Position Table", today I will make the last one, and I will not do it tomorrow." ”

Summer asked, "Why?

Zhang Bo said: "Tomorrow I want to take leave to go back to Harbin, and I have bought all the plane tickets." I have to stay in my hometown for about half a month. After I came back, I didn't work at the Hubei branch. ”

Xia asked, "Have you reported these thoughts to President Wang?"

Zhang Bo said: "Not yet, won't I just tell you, tell you to have a preparation and transfer people to make a plan." ”

Summer asked again: "Have you implemented the transfer in the head office?"

Zhang Bo said: "Anyway, I won't go back to work in the branch. ”

Summer said, "As a friend, I still have to tell you about it. Originally, if you are transferred to the head office, there is a problem of coordination and connection between the upper and lower levels. It's not that I can go to work if I want to, I can go home if I want to. If you leave in this way, if the connection is not good in the future, the branch may no longer accept you. You have to think about it calmly. ”

Zhang Bo said: "I've thought about it, so I'll talk to President Wang." (To be continued.) )