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.

At around 11 a.m. on May 8, when Ketuan Zhan, one of the founders of Bitmain, received the business license of Beijing Bitmain Technology Co., Ltd. The identity of the big man snatched away.

An on-site source told Lian Shang Cai Cai that the group of unidentified big men was about 60 people, of whom Liu Luyao was in command at the scene.

Afterwards, the Industrial and Commercial Bureau and Ketuan Zhan both called the police.

This battle for a business license has once again brought to a climax the power-grabbing war that started in October 2019.

Regarding the snatching of business licenses. Ji Fengjian, a lawyer at Beijing Yizhun Law Firm, told Chainlink Finance that, legally speaking, after the Beijing Haidian District Government made the administrative reconsideration decision, it was in compliance with the law for Ketuan Zhan to obtain a corrected new business license. If Liu Luyao and others are dissatisfied with the administrative reconsideration decision, they can file an administrative lawsuit according to the law. This is the correct way of relief stipulated in the law. Yes, remedies that may violate relevant laws, such as snatching business licenses, official seals, etc., are also not allowed by law.

According to the administrative reconsideration decision obtained by Lian Shang Finance and Economics, if the applicant or a third party refuses to accept the reconsideration decision, he may file an administrative lawsuit with the People’s Court within 15 days from the date of receipt of this decision in accordance with the provisions of the Administrative Procedure Law.

The administrative reconsideration decision was issued on April 28, 2020, that is, if Wu Jihan or Liu Luyao refuses to accept the reconsideration decision, they can file an administrative lawsuit with the people's court in accordance with the provisions of the Administrative Procedure Law before May 13.

After the business license was robbed, with the administrative reconsideration resolution, Ketuan Zhan can completely apply for a new business license from the relevant agency.

In addition, lawyer Ji Fengjian also stated that snatching legal documents such as business licenses from the administrative staff and causing chaos in the office order of the administrative agencies is an act of obstructing public affairs or picking quarrels and provoking troubles, which may violate the Public Security Management Law in light cases, or may constitute a criminal offense in severe cases .

But unlike before, the contest between the two camps of Bitmain will no longer be limited to the power struggle between shareholders, but will also involve a wider range of ordinary Bitmain employees.

According to the internal information obtained by Lian Shang Finance, Wu Jihan plans to transfer the original business, legal relationship and employees to the new company. The new company, like Beijing Bitmain, is a wholly-owned subsidiary of the group. The employee transfer contract will sign a three-party transfer agreement, the three parties are the employee, Beijing Bitmain and Chongqing Silicon Land Technology Co., Ltd. (hereinafter referred to as "Chongqing Silicon Land").

In addition, a question-and-answer document for Bitmain’s internal employees explained: “The change of employee labor relations to Siliconland is the result of a tripartite negotiation between employees, Bitmain and Siliconland, and is not a violation of non-competition. The company will not file a lawsuit against employees joining Silicon Continental."

"After the transfer of personnel, the legal department and the intellectual property department will be responsible for the transfer or authorization of the business, patents, assets and other related issues. Therefore, the transfer will not affect the business."

However, according to lawyer Ji Fengjian, after Beijing Bitmain transferred assets and personnel to Chongqing Siliconland, Chongqing Siliconland and its employees may face a series of legal disputes with Beijing Bitmain in the future. In order to legally and effectively resolve these problems, and there may be a price to pay.

Lawyer Ji Fengjian pointed out that the legal meaning of the legal representative is the legal representative of the company, who enjoys the right to operate and manage the company. The legal consequences of legal acts performed by the representative in the name of the company are determined to be borne by the company, and it is difficult to determine whether the consequences arising from legal acts not performed by the legal representative in the name of the company will be borne by the company. It can be seen that the legal representative obviously has great legal significance, which is why the two parties repeatedly competed for the legal representative.

After the Haidian District People's Government issued the administrative reconsideration decision on April 28, the legal person of Beijing Bitmain Technology Co., Ltd. has been restored to Zhan Ketuan. This means that after that, neither Wu Jihan nor Liu Luyao made decisions that could represent the wishes of Beijing Bitmain, and it is difficult to define their legal significance.

In other words, under the leadership of Wu Jihan or Liu Luyao, the tripartite transfer agreement signed by the employees may not have legal significance.

Although Beijing Bitmainland and Chongqing Silicon Landland belong to the Bitmainland Group and are related companies to each other. However, according to lawyer Ji Fengjian's explanation, the company is based on the combination of capital, with the purpose of making profits, and established in accordance with the conditions and procedures stipulated by the law. An enterprise organization with independent legal personality, its responsibilities, rights, and interests are independent. Therefore, from a legal point of view, the establishment of a new company and the transfer of employees and assets of the original company to the new company need to go through corresponding legal procedures and may have to pay a corresponding consideration.

The employee needs to legally terminate the labor contract relationship with the original company. The new and old companies also need to legally transfer assets, and this requires the consent of the original company. Both parties need to sign a written contract, and may have to perform a series of legal procedures such as registration and tax payment; if the two parties cannot reach a legal and effective agreement , Arbitrarily transferring the assets of the original company to the new company may be suspected of criminal charges such as job embezzlement, and faces a very high risk of criminal liability. In the cooperation agreement signed by the original company and a third party, if the contractual rights and obligations are transferred to the new company, the consent of the third party must be obtained.