On the evening of July 4, *ST Helen announced that it filed a lawsuit against the company's chairman Jin Shiwei and others for "damaging the company's interests."The company also stated that it has applied to the court for pre-litigation property preservation.These matters are also the latest developments of the company after the incident of "grabbing the official seal" last year.
Wang Zhibin, a lawyer from Shanghai Minglun Law Firm, explained to the "Securities Daily" reporter that according to Article 149 of the "Company Law", if a listed company's directors, supervisors, and senior managers violate the provisions of laws, administrative regulations or the company's articles of association when exercising their duties in the company If it causes losses to the listed company, it shall be liable for compensation.
* The disputes caused by the infighting of ST Helen have a long history. As early as 2021, there has been a phenomenon of "grabbing the official seal".In the announcement issued on the evening of July 4, *ST Helen made another announcement on related matters.
Company directors Jin Shiwei, Bo Xiaoming, Dong Dai, and Tong Xiaomin believe that: Jin Shiwei is the current chairman and legal representative of *ST Hailun;On the morning of October 9, 2021, Ding Jianping, a person outside the case, led dozens of security guards to forcibly enter *ST Helen, held a three-level cadre meeting on their own, announced the establishment of a so-called "temporary supervision team", forcibly took over *ST Helen, and took over from *ST Helen. The relevant responsible personnel of the original positions of the company forcibly transferred the company's official seal, financial seal, license, financial U-shield and other important property to the control of the "temporary supervision team".To this end, *ST Helen has filed a lawsuit against those who illegally seized the company's license, and has taken behavioral preservation measures.
On October 17, 2021, Jin Shiwei signed a lawsuit in the court for the illegal misappropriation of company licenses by members of the "temporary supervision team" in the name of the company, requiring Ding Jianping, Zhang Xiuwei, Li Peisi, Yin Yaping, Guo Xiaofeng, Deng Haoping, Ma Chao and other seven The defendant returned all the company licenses illegally seized, and simultaneously submitted an application for behavior preservation.The court officially filed the case on November 23, 2021, and made a behavior preservation ruling on January 11, 2022, ruling that the defendants Ding Jianping, Zhang Xiuwei, Li Peisi, Yin Yaping, Guo Xiaofeng, Deng Haojie, and Ma Chao were prohibited from using the company's official seal before the effective judgment in this case. Industrial and commercial change registration procedures for legal representatives, directors and supervisors, company articles of association, etc.The case has held its first trial on June 18, 2022, and is still in the process of trial.
However, company directors Ma Chao and Deng Haojie believe: "The company's official seal and license have been kept and used by the company's original staff, which is in line with the company's seal and license management system, and there is no situation of being robbed."
"Combining with the previous dispute over the issue of official seal control, the core disputes of this case may be concentrated in two aspects." Wang Zhibin, lawyer, analyzed the "Securities Daily" reporter, "First, the indictment, power of attorney and other documents involved in this lawsuit are Whether the company's seal use can represent the company's true intentions depends on whether the company seal is out of control, the specific range of the out-of-control, and the specific scope of the court's restriction on the use of the seal in another case; the second is whether the plaintiff has sufficient evidence to prove the defendant's execution Violation of laws, regulations or the company's articles of association while in office, and whether the plaintiff can prove the causal relationship between the violation and the company's losses, the direction of the case is closely related to the plaintiff's ability to produce evidence."
Our reporter Gui Xiaosun
(Editor in charge: Jiang Ninglu)
