Behind the seizure of power by Umbrellas, Dangdang and Bitmain, why do they all love to snatch official seals?
Sino-Singapore Jingwei client, May 16 (Wei Wei) Just when the public speculated about how long the power grabbing war of the Small Umbrella Insurance Brokers Co., Ltd. (hereinafter referred to as "Little Umbrella Insurance") would continue, this farce suddenly occurred 180 degrees Reversal-The chairman and CEO reconciled. Although this seizure of power took the curtain, it did not completely dispel public doubts about the issue of corporate control and corporate governance.
In fact, this is the third company seizure in the past month. Li Guoqing took the big man to snatch the official seal, and Zhanke Tuan, the legal representative of Bitmain, was robbed of the business license by unidentified persons when he obtained the business license. Why did everyone Do you love to grab the official seal? Is "grabbing the official seal" really useful?
The executive director "hand tear" the CEO's quick talk and
On May 14, the insurance circle was screened by the circle of friends of Xu Han, the chairman of Shenzhen Muchenglin Technology Co., Ltd. and the executive director of Little Umbrella Insurance Brokerage Co., Ltd.
At 3 a.m. on May 14th, Xu Han issued a document claiming that the CEO of his five-year-old venture partner and Umbrella Insurance was shining. The Sino-Singapore Jingwei client outlined the key points, which mainly have three points:
One is to take advantage of the time when it was closed due to the replacement of Hong Kong permanent resident ID + epidemic situation in Shenzhen and Hong Kong, using the power given by the company as an administrator to remove the use rights of his corporate WeChat and corporate mailbox.
Second, Guangyao entrusted two colleagues to rush to Tianjin to control Wang Siyue, the chief financial officer of the small umbrella insurance broker, in a coercive way, obtaining the company's financial seal and business license. Xu Han said he had reported the case.
The third is May 7, Guangyao let him organize the board of directors to discuss the company's business planning and development and capital operation related matters. When the epidemic occurred, Guangyao changed the original theme and proposed to vote for the chairman. But suddenly, all the directors left.
However, less than a day later, this "Gongdou drama" ended with the two parties "turning the gods into jade silk". On the morning of May 14, Xu Han deleted the above statement. Immediately afterwards, Xu Han and Guangyao posted an article in the circle of friends, and took a group photo of them.
The two released similar content, saying that the five-year partner had separated the two places during the epidemic. The misunderstanding of misalignment of information and the misunderstanding after meditation had been resolved. However, Xu Han added a sentence, "From today on, whoever dares to provoke my life and death partner's feelings, he will sacrifice himself first."
Guangyao and Xu Han issued a document saying that the misunderstanding has been resolved Source: screenshots from the circle of friends
On the morning of May 15th, the Umbrella Insurance Officer Wei issued an open letter clarifying that Xu Han and Guangyao, one of the company's founders, did not communicate smoothly and comprehensively due to the closure of the Hong Kong customs gate, resulting in misunderstandings. Under active communication, misunderstandings were resolved.
Source of open letter of small umbrella insurance: micro umbrella insurance officer micro
According to public information, the Umbrella Insurance Broker is a national professional insurance brokerage company approved by the China Insurance Regulatory Commission. It has a registered capital of 50 million yuan and its legal representative and CEO is Guangyao. In 2017, Shenzhen Muchenglin Technology Co., Ltd. acquired 100% equity. As an Internet insurance sale site, in terms of personal health insurance, it has customized several explosive insurance products, such as "Optimus fixed-term life insurance", "Bumblebee children critical illness insurance" and so on. "
In less than a month, three incidents of "robbing official seals" occurred
In fact, the small umbrella insurance is not the first company to seize power by means of "grabbing the official seal". In the past month, the public has witnessed three "robbing official seals".
On April 26, Li Guoqing took someone to "steal" dozens of official seals, including the financial seal of Dangdang.com, and announced the full takeover of the company.
On the morning of May 8, there was news that the Haidian District Government Affairs Service Center in Beijing had gathered people to attack the office and snatch business licenses. When Bitmain's current legal representative, Zhan Ke, went to get the Beijing Bit business license, the business license was snatched from a group of unidentified persons from the administrative staff of industry and commerce.
Looking back at these three "robbing official seal" incidents, both parties were former entrepreneurial partners. Li Guoqing and Yu Yu are both husband and wife and partners. Zhan Ketuan and Wu Jihan are the co-founders of Bitmain. Xu Han also called Guangyao his "startup partner".
Although the executive director and CEO of Little Umbrella Insurance have "dispelled the previous suspicions," the power grabbing incident also made the company's internal contradictions public, and Xu Han will continue to serve as an executive director, or as he said in a previous article, "When I get back on track, I will resign as the executive director of Little Umbrella Insurance", and it still needs time to observe.
The other two power seizures have not yet been properly resolved, and the battle between the two companies for control of the company continues.
Is "grabbing the official seal" really useful?
Li Hao, a senior partner of Beijing Tiantong Law Firm, told Zhongxin Jingwei that usually the business license and the official seal will be kept and used in the company ’s internal management system. For example, the business license is placed on the business premises, the official seal or The financial chapter can be controlled by a legal person or a person in charge of finance, which is the normal operation of a company. However, once internal contradictions occur, this kind of daily operation order will be broken, and there will be competition for chapters and photos.
"Snatching business licenses and seals is mainly because holding them can represent the company to a certain extent, or carry out business management activities in the name of the company. In fact, it represents the control of the company. Therefore, in internal company disputes, The seizure of photos is often the most prominent manifestation of the fight for control rights. ”Li Hao explained,“ Once a party owns the above-mentioned chapters and photos, it may be used to control the company ’s business activities and even transfer company assets. Once a fait accompli is formed, The subsequent accountability will be quite troublesome. "
In an interview with Sino-Singapore Jingwei Client, Meng Bo, a lawyer from Jingshi Law Firm, said that “grabbing the official seal” reflected that the company ’s governance of equity management was not standardized, the governance mechanism was not sound enough, and the first meeting of the three meetings (shareholders ’meeting , The board of directors, the board of supervisors, and management) related issues such as insufficient operation and insufficient internal control. From the perspective of legal responsibility, the behavior of "grabbing the official seal" has not been included in the scope of criminal law, perhaps this is also the case. One of the main reasons for the endless stream.
"Stealing the official seal is to grab the control of the company, but stealing the company seal does not mean that the company has obtained control of the company." Meng Bo said that the behavior of managers is subject to the company's articles of association, shareholders' meeting rules, and board meetings. Rules such as rules. That is to say, only those with the right to use the company seal legally can exercise the company's management rights.
Li Hao also emphasized that taking away the business license and seal only means that the representative has obtained the opportunity in fact, and does not mean that he has the legal status of representing the company. In the end, it is still necessary to judge from the corporate governance mechanism who ultimately has the right to represent the company, and this often depends on the power comparison at the shareholders' meeting or the board level.
He believes that, in order to prevent the "robbing official seal" from happening, it is necessary for the company to clarify the management authority and responsible person of the seal and business license in advance. But to solve the problem from the root cause, it also depends on the company's pre-set dispute resolution mechanism from the perspective of governance structure for possible internal disputes; it also depends on the timely supplement and efficient relief of external judicial channels when the company's internal mechanism fails. (Sino-Singapore Jingwei APP)
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