Li Guoqing was detained! Attorneys still in custody: the essence of the fight is that small shareholders challenge large shareholders
On the evening of July 8, the Chaoyang Police issued an information bulletin. Because Li Mouqing disturbed the normal work of a company by forcefully unlocking and restricting the personal freedom of others, Chaoyang Public Security Branch Bureau has administratively detained four people including Li Mouqing.
In this regard, some microblogging big V thinks that the Chaoyang police report is too subtle and did not directly name Li Guoqing.
At 22:47 on July 8th, Li Guoqing posted on Weibo, saying: "As the chairman of the shareholders' meeting and the board of directors election, I led the management team to take over Dangdang according to the resolutions of the shareholders' meeting. No matter what kind of punishment I face when being forced to summon, I openly accept it and ask for benevolence. Why do I suffer?"
Li Guoqing also said that the official seal certificate will still be kept by him, and the salary and bonus of Dangdang employees will not be affected.
Radar Finance noted that on July 7, Dangdang released a microblog saying that Li Guoqing led people to pry open multiple safes and take away important information. Li Guoqing immediately responded on Weibo, believing in judicial justice. At 11 a.m. that day, Dangdang staff revealed that Li Guoqing had been taken away by the police. At 22:10, Li Guoqing and the accompanying team executives were taken away from the police station by the Xiangheyuan police station in two police cars.
"I am angry that Li Guoqing has brought the marriage law into the company law and constantly tossing our company." On the evening of July 7, Yu Yu issued an internal letter of all staff, calling on Dangdang children's shoes to "take action, send Weibo, circle of friends, and defend themselves." , Defend Dangdang, defend customers, defend suppliers".
Regarding the battle of Li Guoqing and Yu Yu, a lawyer told Radar Finance that the current Dangdang business registration shows that Yu Yu is a relative holding, holding more than 51% of the shares, and Li Guoqing holds far less than Yu Yu. Even under ideal conditions, in the divorce lawsuits of Li Guoqing and Yu Yu, the divorce of the two parties was divided by half. Li Guoqing still needs to manage more than 50% of the shares of Dangdang before he can manipulate the shareholders' meeting to make a resolution. On the contrary, if Yu Yu is determined not to let go of power, Li Guoqing will have no choice.
"In layman's terms, the current situation of Dangdang means that small shareholders have to challenge large shareholders." The lawyer said.
Li Guoqing once again "appealed to force" and pried the safe to "grab" the materials
On the morning of July 7, Dangdang's official blog announced that Li Guoqing once again resorted to force, took more than 20 people, and forcibly entered Dangdang early in the morning, pried open multiple safes, and took the information. The Dangdang area has been reported to the police and is currently being processed.
Dangdang also stated that normal purchases by Dangdang customers and normal settlement by suppliers will not be affected. Dangdang will respect the legal procedures and believe in the justice of the law.
Li Guoqing responded quickly, and immediately posted on Weibo that Dangdang Chairman Li Guoqing, along with directors and acting CEOs, deputy general manager of government affairs, deputy general manager of human resources, deputy general manager of marketing, deputy general manager of finance and legal affairs, etc., took over Dangdang according to law and started office. Hope Yu Yu Coordinate handover.
Later, Dangdang claimed that Li Guoqing had been taken away by the police for investigation. In this regard, Li Guoqing himself confirmed that the news was true, saying that he was under investigation at the Xiangheyuan Police Station in Beijing, and said: "The couple, the majority shareholder disputes, there is no physical conflict."
Li Guoqing was investigated until 10 pm, up to 11 hours before and after.
At around 22:16 on the evening of July 8, the Chaoyang police reported that Li Guoqing was under administrative detention.
At 22:47 on the same day, Li Guoqing posted a Weibo, suspected of responding across the air.
''As the chairman of the shareholders' meeting and the board of directors, I lead the management team to take over Dangdang according to the resolutions of the shareholders' meeting. Now that I have been forced to summon, no matter what punishment I face, why do I suffer when I openly admit that I am benevolent? "Li Guoqing said that it has been more than half a year since the first divorce case was held at the end of last year. Yu Yu manipulated Dangdang's management rights in order to seize equity and even claimed in the court that the couple's relationship has not broken, as a trick to delay the judgment.
Li Guoqing said that he only wanted to ask Yu Yu a sentence: "In the past few months, you have tried your best to put pressure on the government and the public security, with the intention of trapping me in prison. As you wish, let's talk about the unbroken cloud, are you conscience safe?"
Li Guoqing said that the official seal certificate is still in its custody, and the salary and bonus of Dangdang employees are not affected, and the upstream and downstream partners do not need to worry. The payment is normally settled and the docking person remains unchanged.
"There are three feet on the head, justice is in the hearts of the people. Believe in judicial justice, believe in morality on earth!" Li Guoqing finally said.
Similar plots were staged on April 26 this year. On the same day, Li Guoqing led several great men to the Dangdang headquarters and took dozens of Dangdang official seals as his own.
According to media sources, on June 13, Li Guoqing's "robbing official seal" incident has been closed, and the result of the investigation is that Li Guoqing has not violated the law. Subsequently, Dangdang responded that it had submitted an administrative review.
Li Guoqing issued personnel appointments, Yu Yu called on all employees to defend Dangdang
In the afternoon of July 7th, Li Guoqing sent multiple messages on Weibo. Among them, in an open letter to minority shareholders, colleagues, and industry colleagues, Li Guoqing expressed his intention to resign from the position of CEO of Dangdang, retaining only the position of Dangdang chairman and electing the original Dangdang. Senior Vice President Yao Danqian became CEO.
According to data from Tianyan, Yao Danqian served as a supervisor of Dangdang Information Technology (Sichuan) Co., Ltd. and Dangdang Information Technology (Shanghai) Co., Ltd.
Yao Danqian is currently associated with 9 companies, including Tianjin Qiancheng Enterprise Management Consulting Partnership (Limited Partnership) (hereinafter referred to as Tianjin Qiancheng), Changzhou Zhongfa Investment Management Partnership (Limited Partnership), etc., of which Tianjin Qiancheng is Beijing Dangdang Kewen E-Commerce Co., Ltd.'s third largest shareholder except Yu Yu and Li Guoqing.
In addition, Li Guoqing once again unilaterally released the "Dangdang Organizational Structure and Staff Adjustment Announcement" with the official seal of Dangdang, hiring Yao Danqian as acting CEO of Dangdang; and Chen Lijun as COO. The above personnel adjustments will be completed within one week.
It is worth noting that, according to previous reports from Radar Finance, Li Guoqing has not unilaterally announced Dangdang's organizational structure and personnel adjustments. On April 28, Li Guoqing issued a Dangdang personnel adjustment announcement with the official seal set to "Beijing Dangdang Kewen E-Commerce Co., Ltd.", and was appointed as 4 vice presidents, 1 director secretary, and 4 former Dangdang senior staff. The position has changed. Among them, Yu Yu is responsible for Dangdang Charity Fund.
On the evening of July 7th, Yu Yu issued an internal letter to counter Li Guoqing.
Yu Yu called on Dangdang children's shoes to "take action, post on Weibo, circle of friends, defend themselves, defend Dangdang, defend customers and defend suppliers", and said: "I am angry that Li Guoqing has brought the marriage law into the company law and constantly tossing our the company."
Yu Yu said that Li Guoqing's grabbing chapters and publicizing in the media not only caused bad public influence, but also increased the burden on enterprises. From April to now, in order to maintain the office environment and stabilize employees, additional security has been invested. Li Guoqing's actions disrupted the normal operation of Dangdang's huge supplier system.
In addition, Yu Yu also "'please, appeal to the Chaoyang District Government, Chaoyang Public Security': protect the power of normal production and operation of enterprises, and protect the personal safety of employees."
Lawyer: The core is the equity dispute. The husband and wife struggle is actually the small shareholders challenge the large shareholders
Is the personnel appointment issued by Li Guoqing valid? Attorney Wang Zhibin of Shanghai Minglun Law Office told Radar Finance that the validity of the personnel appointment and removal announcement depends on whether Li Guoqing has the legal status of the chairman of Dangdang and whether the chairman has the authority to appoint and remove senior executives. Whether Li Guoqing is the legal chairman of Dangdang.com depends on the validity of the previous shareholders’ general meeting resolution. This needs to be investigated from multiple angles, including the convening procedures and voting procedures in accordance with the company’s articles of association and listing laws. From the current public information alone, there is no way to draw conclusions.
"As for whether the chairman has the authority to appoint and remove personnel, it needs to be determined according to the company's articles of association. If the relevant appointment and removal requires the board of directors to make a resolution, then the chairman himself does not have the right to directly appoint and remove the board without deliberation by the board of directors." Wang Zhibin Xiang Radar Finance said.
Lawyer Yan Chuang of Beijing Zhongwen Law Firm told Radar Finance that in accordance with the provisions of the "Company Law", the holding of the company's shareholders' meeting must comply with the procedures stipulated in the "Company Law" and the company's articles of association. Including the convening, notification and presiding of the shareholders' meeting.
Judging from the statement issued by Dangdang, Dangdang has filed a lawsuit against shareholders' resolution disputes, requesting that the corresponding shareholders' meeting resolution be revoked. Whether the convening process of the resolutions formed by the temporary shareholders' meeting is legal and has legal effect will ultimately have to be decided by the court. Judging from the procedures and contents of the convening of the resolution of the temporary shareholders' meeting, there are flaws, so there are also problems in the effectiveness of the appointment and removal of personnel on Dangdang.com.
Both lawyers said that the proportion of shareholding determines who can laugh to the end in the battle. So what is the shareholding ratio of Li Guoqing and Yu Yu in Dangdang?
Li Guoqing once said: "Li Guoqing and Yu Yu jointly hold more than 90% of Dangdang. This is a family affair. Let Yu Yu manage for three years and try it. Now four years have expired."
According to Li Guoqing's "All Dangdang.com Staff Book" released on April 26, Li Guoqing and Yu Yu held 91.71% of the shares. Among them, Li Guoqing actually holds 45.855% of the shares, and the company shareholders Tianjin Qiancheng and Tianjin Micro Enterprise Management Consulting Partnership (Limited Partnership) both support Li Guoqing. Therefore, Li Guoqing actually received 53.87% of the support.
However, Dangdang Vice President Kan Min revealed in an interview with the media that at present Dangdang Yu Yu holds 52.23% and Li Guoqing holds 22.38%; the children of the two hold 18.65% and are held by their parents; Dangdang’s two partners The company holds 3.58% and 2.93% of the shares respectively.
According to data from Tianyan, Dangdang Yuyu holds 64.2% and Li Guoqing holds 27.51%.
Yan Chuang believes that Li Guoqing and Yu Yu are both husband and wife and shareholder of Dangdang.com. However, the interests of the company and the interests of the shareholders are independent of each other. The battle between Li Guoqing and Yu Yu, which was triggered by the divorce dispute, focused on the ownership of Dangdang.com. Li Guoqing proposed to share the shares equally, but Yu Yu may not agree. The final result of the court's treatment may be a divorce, but the shareholding will not be divided, and the shareholding split will be negotiated by both parties.
"If there is no written agreement, such as an equity transfer agreement, Li Guoqing's statement cannot be established. At present, Yu Yu of Dangdang Industrial and Commercial Registration shows that it is a relatively controlling shareholder, with a holding of more than 51%. Li Guoqing is a small shareholder." Registration, even in the ideal state, in the divorce lawsuit of Li Guoqing and Yu Yu, the divorce of the two parties is divided into one half, Li Guoqing still needs to manage more than 50% of the shares of Dangdang before they can manipulate the shareholders’ meeting to make a resolution to reorganize the board of directors. The appointment and removal of personnel will be effective.
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