71. The investment project of the chairman's family
The next morning, in the conference room of Hubei Financial Services Society, Yang Oran and a group of people came to sign the so-called "Shenzhen Xiaosho Island Stone Sales Project Cooperation Agreement". Yang Oran, www.biquge.info of the pen "Fun" Pavilion, sat above the oval conference table, and introduced with his eyebrows fluttering: Tang Feihari is the representative of Shenzhen Hanhai Co., Ltd., and Huang Linzai is the representative of Shenzhen Yonghong Industrial Company. When he introduced his daughter as the legal representative, Shenzhen Yinzi Yanhong Co., Ltd., the confidence did not seem to be so sufficient, his daughter did not come, but called Li Xiaoguo, the manager of the Laikun company responsible for the sales of the Qingshuihe real estate project, as a representative, he is a person who has been in the Hubei Financial Services Society all day long, so naturally there is no need to introduce.
In terms of Hubei Financial Services Society, Zhuang Yu, Qin Xianhong, Chen Jiao, and Chen Shiqing were all present. Don't look at Wang Kangkang's age, pouring tea and carrying cigarettes is really like that, no wonder Zhuang Yu wants to call him the director of the office.
After everyone blew some cowhides, Yang Oran took out a few copies of the agreement from his briefcase and distributed them to all parties, and several people from the financial services agency read it and did not express any dissenting opinions, so they signed it hastily and asked Chen Shiqing to seal it. The other three parties have also completed the formalities. Interestingly, although Yang asked Li Xiaoguo to appear in place of his daughter, the agreement was signed by him, the chairman of the Hubei Financial Services Society, on behalf of his daughter's company, and the company's seal was waived.
I saw that the content of this agreement reads:
Shenzhen Xiaosho Island Stone Sales Project Cooperation Agreement
Party A: Shenzhen Hanhai Co., Ltd
Party B: Shenzhen Hubei Financial Services Co., Ltd
Party C: Shenzhen Yonghong Industrial Company
Ding Fang: Shenzhen Yinzi Yanhong Co., Ltd
In accordance with the principle of mutual benefit and common development, the above four parties agreed to jointly invest and jointly undertake the Shenzhen Xiaosho Island Stone Sales Project (hereinafter referred to as the project) after full consultation, and hereby enter into this agreement.
1. Purpose
Equality and mutual benefit, friendly cooperation, risk sharing, and benefit sharing.
2. Amount of capital contribution and share allocation
The total investment of the project is RMB 100,000,000, and the total shares are 100 shares.
Party A: investment of 3 million yuan, accounting for 30% of the total shares;
Party B: investment of 3 million yuan, accounting for 30% of the total shares;
Party C: Invest 1 million yuan, accounting for 10% of the total shares;
Ding Fang: Investment of 3 million yuan, accounting for 30% of the total shares.
3. Distribution of benefits and assumption of risks
The four cooperative units enjoy the project profits according to their own proportion of the total shares of the project. The total profit of the project is the total sales income minus the production cost of 10 intermediate expenses, and then the development fund is retained, and the balance is the profit distributed to the project.
If there is a loss in the project, it will also be shared by each partner according to the above method.
4. The project profit will be distributed quarterly, and the money will be transferred to the account designated by each partner.
5. Project management
The project management implements the general manager responsibility system under the leadership of the board of directors, and each cooperative unit appoints a representative to the board of directors (i.e., a director), and the board of directors elects a chairman and an executive director (concurrently serving as the general manager).
6. The property of the project shall be shared by all the cooperative units, and no party shall dispose of all or any property, assets, rights and debts of the project without the unanimous approval of the board of directors.
7. If the project needs to expand the number of partners or increase the investment due to the increase in production, it must be unanimously approved by the board of directors, and the provisions of this agreement on the distribution ratio shall be reasonably adjusted according to the increase in funds.
8. This agreement shall be valid from the date of signing to December 30, 1996.
9. The effective date of this Agreement shall be calculated from the date of establishment of the Board of Directors, and the unfinished matters shall be resolved by the Board of Directors through negotiation.
10. This Agreement shall be executed in duplicate by each cooperative unit and deposited by the Board of Directors.
Party A: Shenzhen Hanhai Co., Ltd. Party B: Shenzhen Hubei Financial Services Co., Ltd
(with official seal) (with official seal)
(Signed) (Signed) Zhuang Yu
Party C: Shenzhen Yonghong Industrial Company Party D: Shenzhen Yinzi Yanhong Co., Ltd
(with official seal) (original without official seal)
(Signed) (Signed)
After the contract was signed, Hubei Financial Services Society immediately issued two checks totaling 3.1 million yuan (of which 200,000 yuan was transferred to the account of Laikun Company, of which Yang Oran's daughter Yang Feiyan was the legal representative at the request of Yang Oran), and transferred the investment funds of 2.9 million yuan to the account opened by Shenzhen Yinziyanhong Co., Ltd., another company of which Yang Feiyan was the legal representative, in Hubei Financial Services Society.
It is worth mentioning that a discerning person can see that the agreement is full of flaws: first, in the shares with a total investment of 18 million yuan, the four-party agreement invests 10 million yuan to occupy 100% of the shares; second, the contract takes effect from the date of the establishment of the board of directors, and conversely, if the board of directors fails to establish it for a long time, the agreement is invalid; and the agreement is locked in the last validity period: December 30, 1996. Third, the text of the agreement does not have a date of signing. In the one filed by the Financial Services Society, Wang Kangkang, the director of the office, wrote the words "15/10-94 Received" in the upper right corner of the agreement.
So, why did the Hubei Financial Services Society so casually give his daughter's company 3.1 million yuan just by Yang Oran's signature without seeing Yang Feiyan and without affixing the company's official seal?
In this way, Yang Oran defrauded 3.1 million yuan from Shenzhen Hubei Financial Services Co., Ltd., of which he was the chairman, with a paper agreement. Until the moment of his death, he still hadn't paid a penny, and the saying of dividends was even more illusory.
However, he said that on the same day, after these people finished their work, they came to the Jingpeng Hotel, and Hubei Financial Services Co., Ltd. chartered a room and set up two tables. In order to celebrate the signing of the contract, the guests and hosts naturally inevitably staggered, used wine and meat together, and ate and drank very happily.
A year later, two of the people who had eaten this meal together were still in office - Chen Jiao and Qin Xianhong, and they kept silent about the lost 3.1 million yuan of investment funds. -- That's a later story.