Editor's Note: This article comes fromCaijingOnchain Finance (ID: CaijingOnchain), Author: Chen Yi, reproduced by Odaily with authorization.

Editor's Note: This article comes from

CaijingOnchain Finance (ID: CaijingOnchain)

CaijingOnchain Finance (ID: CaijingOnchain)

, Author: Chen Yi, reproduced by Odaily with authorization.

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Drawing: Chain Finance

Caijing.com Chain Finance News, at 11:00 on May 8, when Ketuan Zhan was renewing the business license of Beijing Bitmain Company (legal person Ketuan Zhan) at window No. 52 on the second floor of the Haidian District Government Service Center, the business license was stolen by a group of unidentified The big man snatched it from the industrial and commercial administrators.

According to documents exclusively obtained by Lian Shang Finance, on April 28, the People’s Government of Haidian District, Beijing decided that the registration status of Beijing Bit’s market supervision department should be restored to before October 28, 2019, and the previous two registration changes were cancelled. .

The administrative resolution of the People's Government of Haidian District, Beijing [Haizhengfujuzi (2019) No. 397] (hereinafter referred to as "Resolution No. 397") shows that on November 7, 2019, the applicant Zhan Ketuan refused to accept the respondent Beijing Haidian The District Market Supervision and Administration Bureau made an act of changing the registration on October 28, 2019, and applied to the Haidian District People's Government for administrative reconsideration, requesting that the respondent's administrative act of approving the change of the registration items of Beijing Bit's legal representative and executive director be revoked.

Resolution No. 397 shows that on October 28, 2019, Beijing Bit submitted a foreign-invested (partnership) enterprise change registration application and other materials to the Haidian District Market Supervision Bureau, applying for change registration of the legal representative of Beijing Bit, and the company Changes to directors, managers, and supervisors are filed.

On the same day, the Market Supervision Bureau of Haidian District approved the change registration of Beijing Bit. The main basis for this change is the "Shareholder Decision" of Beijing Bit on October 28, 2019.

The reconsideration resolution shows that the Haidian District People's Government found that in this case, the "Shareholders' Decision", as a document for the appointment and removal of the legal representative of the enterprise, is an important evidence in the registration of the change of the legal representative. Beijing Bitmain arbitrarily crossed out item 5 of the "Shareholders' Decision" "agreeing to amend the company's articles of association" and affixed the official seal.

The third party in this case, namely Beijing Bit and Wu Jihan, claimed that the revision of the Articles of Association in the "Shareholder Decision" did not have a substantial impact on the change registration (filing) act, but was only an application for further confirmation of the change registration (filing) act matter.

The People's Government of Haidian District found out that the "Shareholder Decision" did not clearly state the change of legal person. The main basis for the registration of legal person change is that in the company's articles of association filed by Beijing Bit in November 2018, Article 21 stipulates that the executive director is the company's legal representative. Therefore, the crossed-out part of the "Shareholders' Decision" that "agrees to amend the company's articles of association" directly affects the change of registration of the legal representative.

The written opinions submitted by the third party for many times have always been unclear about whether the "Shareholders' Decision" requires the revision of the Articles of Association, and they are inconsistent. However, during the process of changing the registration, the respondent found that the "Shareholder Decision" had been revised, and should request Beijing Bit to verify and confirm this, instead of approving the registration of the change of the legal representative on the spot, which belonged to unclear facts and insufficient evidence. In this case, the respondent failed to fulfill its obligation of prudential review in the administrative procedure, and made a wrong registration.

The resolution mentioned that unless there is sufficient evidence to prove that the deletion of "agreeing to amend the company's articles of association" is the real intention of the shareholders at the time of making the "Shareholders' Decision", the reconsideration agency cannot approve this registration.

As a result, the Haidian District People's Government made the following reconsideration decision: According to the law, the Haidian District Market Supervision Bureau's administrative act of approving changes to the registration items of Beijing Bitmain's legal representative made on October 28, 2019 should be revoked.

According to Chainlink Finance, Resolution No. 397 was issued on January 31, 2020.

However, on January 2, 2020, Bitmain submitted the application form and other materials to the Haidian District Market Supervision Bureau for the change of registration of a foreign-invested (partnership) enterprise, applying to change the company’s legal representative from Wu Jihan to Liu Luyao.

The main changes to the registration are still Bitmain's "Shareholder Resolution" made on December 30, 2019, Bitmain's "Executive Director's Resolution" made on December 30, 2019, and the Amendments to the Articles of Association of Bitmain Corporation.

On the same day, the Market Supervision Bureau of Haidian District allowed Bitmain to carry out change registration.

On February 12, 2020, the applicant Zhan Ketuan refused to accept the change registration made by the respondent Haidian District Market Supervision Bureau on January 2, 2020, and applied to the Haidian District People's Government for administrative reconsideration, requesting to revoke the approved change made by the respondent The specific administrative action of the legal representative of Beijing Bit is to restore the registration of the legal representative of Beijing Bit as Ketuan Zhan.

In this regard, the Haidian District People's Government of Beijing believes that in this case, in the application materials for change registration submitted by Beijing Bit, the signature of the legal representative recorded in the "Articles of Association Amendment" is obviously wrong.