Editor's Note: This article comes fromEditor's Note: This article comes fromTiantian Chain News (ID: Blockchain12345)
, Author: LIAN, reproduced by Odaily with authorization.
The dispute over Bitmain's business license has resurfaced.
A few days ago, Tiantian Lianxun was exclusively informed of an urgent report on "reporting on urging Beijing Haidian District People's Court to file a case and immediately take preservation measures". ) in the name of seeking help from certain people’s congress deputies.
This was confirmed by two independent sources.
According to the materials, the business license of Beijing Bitmain Technology Co., Ltd. (hereinafter referred to as Beijing Bitmain) is currently temporarily detained by the Haidian police. Wu Jihan’s camp wants to file a case with the court for preservation to prevent the business license from falling into the hands of Ketuan Zhan, but the court has been slow file a case.
In the report, Hong Kong Bitmain requested the deputies to the National People's Congress to exercise their rights as representatives, and urged the People's Court of Haidian District, Beijing to immediately file the case of the company v. Zhan Ketuan over the dispute over the return of the license and obtain the license.
The report revealed that Hong Kong Bitmain has withdrawn the official seal of Beijing Bitmain. However, in early May, after a conflict with Ketuan Zhan, the Shangdi Police Station of the Haidian Sub-bureau of the Beijing Public Security Bureau temporarily withheld the business license.
The report also mentioned that Beijing Bitmain is a major taxpayer in Haidian District and even Beijing. In 2019 alone, it paid hundreds of millions of yuan in taxes for Haidian and Beijing. If Ketuan Zhan obtains the business license, the company's operations will suffer huge losses.
Previously, on May 8, Ketuan Zhan, the former executive director of Bitmain and the legal representative of Beijing Bitmain, had a conflict with Wu Jihan's camp when he was receiving the company's business license at the Haidian District Government Service Center in Beijing. The police station temporarily withheld the business license.
Behind Bitmain's business license dispute is actually a series of games between Jihan Wu's camp and Ketuan Zhan's camp over the control of Bitmain. coup".
On October 28, 2019, while Ketuan Zhan was on a business trip, Jihan Wu convened a shareholder meeting to pass a vote to replace Ketuan Zhan. At the same time, Jihan Wu also changed the legal representative of Beijing Bitmain from Ketuan Zhan to himself. On January 2 this year, the legal representative of Beijing Bitmain was changed from Wu Jihan to CFO Liu Luyao.
However, on January 31 this year, Haidian District made an administrative reconsideration decision to cancel the registration of changing the legal person to Wu Jihan on October 28 last year. On April 28, Haidian District once again issued a reconsideration decision, revoking the status of Liu Luyao's legal representative.
In response to the news that Hong Kong Bitmain requested the NPC deputies to urge the Haidian District Court to file the case and immediately take preservation measures, Tiantian Lianxun asked relevant people in Bitmain for verification. As of press time, it has not yet received a reply.
The following is the full text of the report:
The following is the full text of the report:
About Supervising the People's Court of Haidian District, Beijing
Filing a case and immediately taking preservation measures
Hello:
Hong Kong Bitmain Technologies Limited (Bitmain Technologies Limited) reported to you that our company encountered an emergency and needed to file a case immediately and take preservation measures. The People's Court of Haidian District, Beijing has been delaying the filing and not taking preservation measures. This behavior may cause huge losses to our company.
I request you to exercise your representative rights and urge the People's Court of Haidian District, Beijing to immediately file the case of our company v. Zhan Ketuan for the dispute over the return of the license and obtain the license.
The fact report is as follows:
1. Ketuan Zhan, the former executive director and legal representative, was dismissed according to law because he could not perform his duties correctly and violated the interests of shareholders.
Beijing Bitmain Technology Co., Ltd. is a limited company registered and 100% owned by Hong Kong Bitmain Technologies Limited ("Hong Kong Bit") in Haidian, Beijing. After the establishment of the company, Ketuan Zhan, Luyao Liu and other management teams were hired in Beijing. In 2019, we found that Ketuan Zhan was unable to perform his duties as a shareholder correctly, and his behavior was against the wishes of shareholders. Therefore, on 2019, Hong Kong Bit, as the sole shareholder of Beijing Bit, made a "Shareholder Decision" according to law, and removed the former executive director and legal representative Zhan Ketuan from his position. Wu Jihan was appointed as the executive director, and Liu Luyao was appointed as the general manager.
2. Ketuan Zhan refused to hand over the company's business license, which was temporarily detained by the Haidian police.
After the shareholder meeting made a decision, the company withdrew its seal, but the former executive director and legal representative did not return the business license and did not cooperate with the industrial and commercial registration procedures, resulting in the failure to change the legal representative of Beijing Bit Company.
In early May 2020, a dispute arose between the two parties because Ketuan Zhan was required to return the business license, and the Shangdi Police Station of the Haidian Branch of the Beijing Public Security Bureau temporarily withheld the business license.
3. If Ketuan Zhan gets the business license, it will bring great risks to Beijing Bit.
Beijing Bitmain Technology Co., Ltd. is a major taxpayer in Haidian District and even Beijing. In 2019 alone, it paid hundreds of millions of yuan in taxes for Haidian and Beijing.
Because the business license is controlled by Ketuan Zhan, it has already caused troubles for the company's business development. If Ketuan Zhan obtains the business license, he can use his status as a legal representative to apply for re-engraving the company seal. If Ketuan Zhan obtains the business license and engraves the company seal, the company will suffer huge losses.
4. Beijing Bit Company can take back the business license from Ketuan Zhan through litigation.
In the operation of the company, it often happens that the former legal representative and executive director of the company refuse to hand over the business license and seal after being dismissed by the shareholders, especially for companies established in Hong Kong and Macau in the Mainland, because the shareholders are in Hong Kong and cannot effectively implement supervision . Therefore, in civil lawsuits, there is a special cause of action: "disputes over the return of company certificates". The company can sue to the court and demand to hand over the business license and seal.
5. Request to supervise the Haidian District People's Court to file the case and obtain a business license as soon as possible.
Because Ketuan Zhan's refusal to return the business license may bring great risks to Beijing Bitmain, therefore, on May 12, 2020, Beijing Bitmain Technology Co., Ltd. filed a lawsuit with the People's Court of Haidian District, arguing that Ketuan Zhan did not hold a position in Beijing Bitmain. Right to occupy any property of Beijing Bit, and asked Ketuan Zhan to return the original and copy of the business license to the company.
At the same time, because the license was temporarily managed by the Shangdi Police Station of the Haidian Branch of the Beijing Municipal Public Security Bureau ("Shangdi Police Station"), Beijing Bitmain Technology Co., Ltd. applied to the court to submit the "Application for Preservation" and "Application for Obtaining Evidence". The court obtained the above-mentioned business license from the police station, and seized and managed the business license.
According to normal procedures, the case will generally be filed immediately when it is accepted, and it will be filed within seven days after the materials are accepted at the latest. At the same time, the application for the preservation of the business license of Beijing Bit Company will be processed immediately.
However, as of May 21, 2020, the Haidian District People's Court has still not filed the case.
Therefore, I request your representative to supervise the Haidian District People's Court's failure to file a case, urge the case to be filed and obtain evidence
Bitmain Technologies Limited
Urgent report here
