214. Paying off loans according to law becomes an attractive cake

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However, it is said that the Hubei branch has also been moving continuously recently, and the Citizen Bank has issued an official document for bidding to clear the old loans, which has caused a major adjustment in the interests of all parties.

Two months ago, Xia wrote a "Request for Instructions on Applying for Bidding for Loan Collection", which included the loans of Anyan Automobile City Co., Ltd. and Kishio Economic Development Company in the scope of bidding and collection. The Credit Department and Legal Department of the Head Office of the People's Bank of China have approved the "agreement in principle." "This time, the head office set up a special collection counterpart management department, and wrote an analysis and handling opinions on the above two enterprise loans in accordance with the law, which was originally planned to be reported to the asset loss prevention department of the head office. When the article was handed over to Wang Xianyao for review, Xia said: "I think that if the assets of Anyan Company are true, it will receive good results." It's better for us to do it ourselves. ā€

After listening to this, Wang Xianyao finished reading what Xia wrote and said, "First of all, these properties should be seized immediately. In the afternoon, I invited lawyer Chen Dawei from Guotai Law Firm to come over and discuss it together. ā€

In the afternoon, in the president's office, Wang Xianyao, Chen Jiaojiao, Xia and Chen Dawei of Guotai Law Firm jointly discussed the best plan to clear the loan of Anyan Automobile City Co., Ltd. Wang Xianyao is anxious to push Anyan Automobile City Co., Ltd. on the road to repay the loan according to law.

In the end, everyone decided to combine the prosecution with the bidding, and the branch will stick to the end. He was asked to immediately write a document entitled "Instructions on Prosecution of Anyan and Kishio Companies", and requested the Legal Department of the head office to agree with the Bank to immediately carry out the prosecution of the two companies.

In doing so, on the one hand, it can highlight the branch's own "two clear" performance, and on the other hand, it can also avoid the concept of fees, get some bonuses, and improve everyone's economic treatment. So, in the summer, he analyzed the amount of money that could be paid according to the known assets, and looked forward to the increase in income of all the employees of the bank, and held an interview in front of the two presidents.

Wang Xianyao looked at Xia and listened to him quietly, without interjecting.

On the other hand, the Asset Loss Prevention Department of the People's Bank of China also intends to get involved in the loan repayment work of Anyan Automobile City Co., Ltd. Yi Muzi instructed Xu Haitao, a subordinate who also came from the former credit office, to call Xia to test whether the Hubei branch was willing to intervene in the asset loss prevention department of the head office.

In the summer, he reported the opinions of the loss prevention department to Wang Xianyao, and Wang Xianyao and Chen did not agree with their intervention.

Later, Xu Haitao of the Asset Loss Prevention Department relayed Yi Muzi's opinion and wanted to go to Anyan Auto City Company to have a look. Wang Xianyao said to Summer: "Don't agree with them to go. ā€

Two days later, Xia took the documents to the legal department of the Citizens Bank to report to Director Shen Lixia. Director Shen listened to Xia while looking at this request, the full text of which is as follows:

Citizens Bank Hubei Branch Document (Urgent)

Shen Shi Yinhu Zi (1997) No. 025

Request for Prosecution against Anyan and Kishio

Legal Department of Head Office:

On May 25 this year, our bank submitted a proposal for bidding and clearing the loans of Shenzhen Anyan Automobile City Co., Ltd. and Baoan Anwei Economic Development Company in the Shenzhen Yinhu Zi No. 012 document "Instructions on Applying for Bidding for Loan Clearance". The Credit Department and the Legal Department of the Head Office approved the "consent in principle" on June 15. In the past two months, our bank has stepped up the bidding and collection of loans (principal) totaling 120 million yuan for the above two companies.

Recently, our bank learned that due to the high debt operation of Shenzhen Anyan Automobile City Co., Ltd., many creditors came to collect debts, and some of them pursued them in accordance with the law, and successively seized some of the assets of Anyan Company. On the other hand, the company is still digging its way to cash out its property. In this case, in order to reduce the loss of the Bank's credit assets as much as possible, our bank took certain legal measures to seize part of the property of the verified Anyan Company while bidding for the collection, and in order to ensure the smooth progress of the work and obtain the protection of the law, the Bank intends to sue the above two companies.

If not, please reply.

Attached: A copy of "The Situation of Anyan and Kishio Companies".

Citizens Bank Hubei Branch (India)

22 August 1997

After Shen Lixia read the document, she felt that there was no suspense, so she picked up a pen and wrote on the document, "Agree to sue." The four words were immediately stamped with the official seal of the Legal Department, and asked Summer to take it back.

The next day, Wang Xianyao simply called lawyer Chen Dawei of Guotai Law Firm and signed the bidding and collection contract between Chen Dawei and Hubei Branch. It is said that it is necessary to combine internal and external so that several main business personnel and leaders of the branch can be cleared together with Chen Dawei, and the bonus can be considered for the benefit of the employees in the bank.

The contract documents signed between Hubei Sub-branch and Guotai Law Firm are as follows.

The first is the "Bid Application", the full text of which is as follows:

Tender application

Citizen Bank Hubei Branch:

Since April 7, 1994, your bank has granted a loan of 120 million yuan to the borrower, Shenzhen Anyan Automobile City Co., Ltd. and its affiliate, Bao'an Anwei Economic Development Company, with a term ranging from 10 months to one year, and is now 29 months overdue, with an overdue principal of 120 million yuan and an outstanding interest of 47.62 million yuan. As of July 20, 1997, the total uncollected balance of principal and interest was 167.62 million yuan. I am willing to bid for the right to collect the principal and interest of the loan, and recover the principal and interest of the loan that has been in arrears for a long time within one year through legal channels. I guarantee that the bidding responsibility letter signed by your bank and me shall be implemented in strict accordance with the letter.

Apply hereby

Applicant: Chen Dawei

23 August 1997

The second reads:

Letter of Responsibility for Bidding

Party A: Citizen Bank Hubei Branch

Party B: Chen Dawei

In accordance with the provisions of the Measures for Incentives for the Bidding and Collection of Non-performing Loans and Arrears of Interest of the People's Bank of China and other relevant measures, Party A and Party B shall sign a letter of responsibility for the collection of the principal and interest of the loans owed by Shenzhen Anyan Automobile City Co., Ltd. and its affiliated company, Bao'an Anwei Economic Development Co., Ltd., and the two parties shall implement the following agreements:

1. Party B obtains the right to collect the total loan principal of Shenzhen Anyan Automobile City Co., Ltd. and its affiliated company, Anwei Economic Development Company, with a total loan principal of 120 million yuan, and a total of 47.62 million yuan in arrears and a total amount of 167.62 million yuan.

2. The validity period of the loan collection right obtained by Party B is: one year from the date of signing the letter of responsibility, and the bonus shall be cashed out according to the progress of collection within the validity period.

3. According to the provisions of the Measures for Incentives for the Bidding and Settlement of Non-performing Loans and Arrears of Loans of the People's Bank of China and the specific situation of the loan, the reward ratio of the principal and interest of the loan is: the amount actually recovered and transferred to the account designated by Party A as the base, multiplied by the reward ratio as the actual cash bonus.

4. This letter of responsibility shall be made in triplicate, one copy for both parties A and B and the attestation party.

Signature of Party A: Citizen Bank Hubei Branch (India)

(Signed): Wong Hin Yiu

Signature of Party B: Chen Dawei (signature and fingerprint)

Attestation party: Asset Loss Prevention Department of Minmin Bank

Date of signing: 23 August 1997

As you can see, in the second document, the seal of the asset loss prevention department of the head office as the attestator is not stamped on the "Bid Responsibility Letter".

The third is the "Principal-Agent Contract" for litigation, the full text of which is as follows:

Principal-agent contract

The Hubei Branch of the People's Bank of China (hereinafter referred to as Party A) entrusted a lawyer from Guotai Law Firm (hereinafter referred to as Party B) to represent the lawyer in the litigation due to the loan dispute with Shenzhen Anyan Automobile City Co., Ltd. and its affiliated enterprise, Bao'an District Anwei Economic Development Company.

1. Party B accepts the entrustment of Party A and appoints lawyers Chen Dawei and Hao Wenting as the final litigation agents in the loan dispute between Party A and Anyan Company and Kishio Company.

2. Party B's lawyer must be conscientious and responsible for protecting Party A's legitimate rights and interests, and appear in court on time.

3. Party A must truthfully describe the case to the lawyer and provide evidence about the case. After accepting the entrustment, Party B has the right to suspend the agency if it is found that Party A has concealed the fabricated facts and committed fraud, and the fees charged according to the contract will not be refunded.

4. If Party B terminates the performance of the contract without reason, the agency fee will be refunded to Party A;

5. Party A's agency authority to entrust Party B: Under the premise of coordination with Party A, fully accept litigation and enforcement matters.

6. Party A shall pay Party B the lawyer's agency fee, and the time and amount of payment are as follows:

(1) Party B acts as an agent for Party A to litigate against Anyan Company and Kishio Company, obtains effective legal documents from the court, and Party B acts as an agent for the execution of the case according to the repayment time and amount stipulated in the court judgment and mediation letter, and Party A does not pay any agency fees for Party B's litigation and enforcement agency. (2) Party A shall pay the bonus according to the proportion of the funds actually recovered by Party B according to the provisions of the "Bidding Responsibility Letter" signed by Party B.

7. Party B's lawyer's travel expenses and other expenses in handling the case shall be borne by Party B.

8. If one party requests to change the terms of the contract, it shall re-enter into an agreement.

9. The validity period of this contract: from the date of signing to the end of the trial of the case (judgment, mediation, settlement outside the case and revocation of litigation).

Party A: Party B:

Citizen Bank Hubei Branch (India) Guotai Law Firm (India)

Representative: Wang Xianyao Representative: Chen Dawei

Signed in Shenzhen on August 23, 1997

After reading these three documents, you can speculate that although the bank does not need to spend any fees in the early stage of entrusting the collection of loans, when the lawsuit is settled, enters the execution stage, and achieves results, 10% of the total amount of the total amount will be withdrawn or the reward will be paid to the bidder. If the 167.62 million yuan target clearance contract is fully recovered, there will be a remuneration of 16.76 million yuan. Isn't this enough to make all parties in the know "all the secretaries" moved?

However, after going to work the next day, Chen called Xia to his office and said to Xia: "The benefits of the reward for the collection and return of the reward money by the combination of internal and external bidding are still as small as possible." When the time comes, ask Chen Dawei to open a few deposits, and we and President Wang will deal with it in a small area. Haven't you noticed that for the benefit of all the employees of the bank, President Gu used the employees' work deposits to collectively speculate on stocks and return them to the employees, and walked away with his tail? ā€

Summer is also nodding in agreement. After returning to the office, he was thinking: "Is this President Chen's personal opinion, or is it the joint opinion of President Wang and President Chen?" Judging from the fact that President Wang listened to my opinion a few days ago and did not squeak, it is possible that he asked President Chen to come forward and talk to me about this. ā€

Summer was pondered for this. (To be continued.) )