Divorce case asset screening "coming to an end" Xu Xiang's wife Ying Ying or share equity
Our reporter Wang Ning
After three years, Xu Xiang finally made new progress in the divorce case. Recently, Xu Xiang's wife, Ying Ying, published a document saying: The Qingdao Intermediate People's Court Official has informed that asset screening has "come to an end".
"Securities Daily" reporters interviewed many brokerages and lawyers accordingly. Chen Dongqiang, a senior partner of Beijing Junzhi Law Firm and the head of Beijing Junzhi (Shenzhen) Law Firm, told the reporter of Securities Daily that Xu Xiang had clearly agreed to divorce, which means that the divorce judgment is affirmative, and then The division of property will be logical. However, it is not entirely possible to determine how much property can be divided or whether the listed company ’s equity distribution can be obtained.
Ying Ying's choice
Or take over equity of listed companies
Yingying said in the public development document that the property initially considered for division may be cash or equity in listed companies. Ying Ying also said, "I will do equity incentives."
Ying Ying said in the article that a total of three people and lawyers were invited by the Qingdao Intermediate People's Court Xu Xiang case to have a face-to-face exchange with Qingdao. The method officer informed that the asset screening was "coming to an end", but I was still sorrowful and happy. The "sorrowful" is that the assets involved should be screened clearly before the judgment of Xu Xiang, and the legal assets should be returned, but the cycle is long for various reasons. Three years have caused the frozen assets to shrink severely; what is "happy" is that it is currently informed that "the end is coming."
In an interview with the "Securities Daily", Chen Dongqiang stated that Xu Xiang's criminal case was pronounced by the Qingdao Intermediate People's Court, and Ying Ying was suing his divorce case and property disposal to the Huangpu District People's Court in Shanghai. After Xu Xiang was convicted of criminal responsibility, the Qingdao Intermediate People ’s Court has not yet filed a case for the execution of the fines and the recovery of illegal gains. According to Ying Ying himself and the Qingdao Intermediate Court: because the property has been spent so far The screening work has not been completed for three years. According to the judicial principle of “prior to punish people”, the Shanghai Huangpu Court should refer to and refer to the screening results of the Qingdao Intermediate Court for the legal property division involved in the divorce cases of Ying and Xu Xiang. In the case of Xu Xiang, the Qingdao court is only "the end of the screening", and even the execution procedures have not been entered. Therefore, the Shanghai Huangpu Court will not easily make a judgment before the completion of the Qingdao Court, otherwise it may lead to "contradictory judicial processing results", which is one of the reasons for the long cycle of the case.
Ying Ying said in the article, "The frozen equity has affected the refinancing business of listed companies Daheng Technology and Ningbo Zhongbai. In addition to the company's prospects being affected, it also involves the interests of tens of thousands of employees and hundreds of thousands of investors."
Ying Ying also said, "The Qingdao Intermediate People's Court Official's Clear Penalty Penalty is only for Xu Xiang himself, confirming the ownership of legal assets such as Xu Xiang's parents, and will be divided and returned according to law."
How much equity can be divided?
Depends on the screening result of Qingdao court
Chen Dongqiang believes that Ying Ying ’s divorce case has already started. Although the final trial has not yet been made, Xu Xiang expressly agrees to the divorce, which means: if there is no accident, the divorce can be affirmed, and the legal property division of both parties may also be possible. Become logical. However, it is currently difficult to judge how much property can be allocated, at least until the asset screening results are available.
"Ying Ying had previously emphasized that at least 12 billion yuan of assets seized, seized, and frozen by the Qingdao Intermediate People's Court are legal assets; she should get half of it after divorce, which is 6 billion yuan." But Chen Dongqiang revealed to reporters. In the latest article, Ying Ying blurred the specific property figures. According to Ying Ying, because "the screening period is too long, the equity assets have shrunk." This means that even she herself does not know whether these seized assets will eventually be converted into cash at auction or directly in the form of original assets. Split into her hands.
Chen Dongqiang also pointed out that Ying Ying's proposal to split assets was only his wish. Whether he could get billions of yuan worth of funds or assets would still have to wait for the screening results of the Qingdao court.
The head of the investment banking department of a securities firm in Shenzhen told the "Securities Daily" reporter that from the content of Ying Ying's article, she has considered that she will accept the equity allocation of listed companies. "The Xu Xiang case is more complicated, and the split of the shares of listed companies involves the change of the actual controller. The amount of the divorce case of the listed company's directors and supervisors that occurred before is used as a reference, and the general cycle is relatively long."
The head of the investment banking department of the securities firm also said that the property other than the fine should be legal property, corresponding to how many shareholder rights can be exercised as many shares as can be divided. As for whether to participate in the operation and management of a listed company or whether it can control a listed company, it also depends on how the court ultimately decides and how much equity can be allocated to her. (Securities Daily)