400 million yuan financing money to doubt Huayang investment denied guarantee

"Daily economic News" February 27 reported the "National creation of energy to set the end of the sequelae: 400 million financial products default claims no door," 400 million yuan financial funds where exactly? As the management side, the investment claims that the money to the country to create energy, and said that there is a financing agreement to prove the legitimacy of its management operations, but the country's energy sources on whether the money received a rich investment is not a positive answer, insisting that there is no partnership with the investment of excellent. A seemingly "simple" financial products breach of contract, gradually evolved into a "football game", Buck of the two sides who are lying? Yesterday, the reporter interviewed the "fund custodian bank" claimed by the company, the Bohai Bank said: "The partnership is a false propaganda, and the rich-capital investment in the bank opened only the ordinary account, did not sign the trust agreement with the bank." "Collateral" Huayang Investment said that the company has never been secured, excellent way to invest in suspected forged documents, the company has reported to the police, is currently investigating. "fund manager" excellent Way investment: The company is a project financing platform 400 million yuan has given the country to create energy every reporter Chao De Zheng Peishan 400 million yuan of financial funds have gone? Favorably way investment to the "Daily economic news" reporter's response to see, excellent road investment said that the 400 million yuan after the fund-raising has been transferred to the country to create energy, which excellent investment capital of the 100 million yuan also in it. "We have relevant vouchers that can be provided to investors themselves, and we have no authority to monitor how the country's energy sources deal with that money." "Excellent road investment, as a financing platform, to accept the project side financing." Excellent road investment and the country to create energy between the project to establish a financing agreement, so excellent way in the financing completed after the payment to each other. Industry insiders said that as the fund management, excellent way to invest money into other people's accounts and did not get any relevant documents, this can not help but shame. Whether the investment can really transfer the funds to the country to create energy is unknown, but one thing can be confirmed-the state-created energy in the case of no approval, the legal process is not allowed to start raising funds. Excellent way investment: there is a fixed increase in the project financing agreement according to the contract signed by the two parties to show: the proposed investment project for the country to create energy (600145) targeted to increase the issuance of equity projects or other projects formally approved by the SFC. Its proposed investment mode is: to the country to create energy 20th EMA 90% discount price of 4.56 yuan/unit for the unit price subscription country to create energy 87.71 million shares non-public issues. In the contract, excellent channel investment has made clear its use of funds and investment, that is, the purchase of 87.71 million of countries to create energy non-public offering shares. According to the return of the investment of excellent way, the investment of gifted channel has already called the funds earmarked for the country to create energy. Shen, a senior partner at Kam Cheng Cheng law firm, told the Daily economic news reporter that "according to the law, the procedure is not complied with." In the case that the listed company has not obtained the direct issuance of shares, the fund-raising is not allowed to call the listed companies in advance. Shen added, "You are the GP (Fund management company) after the money to the listed companies is to obtainDebt or equity, there are only two types of investment, you can not say that the money is gone, the other side is not out, then you will at least have a creditor's rights or the certificate of equity in hand. "It is worth noting that when the daily economic news reporter interviewed gifted Tao Investment, asked this money is earmarked, in the country's energy growth has not passed the CSRC audit, the funds can be to the national energy account?" Excellent way investment response: excellent road investment as a financing platform, to accept the project side financing, excellent road investment and the country to create energy between the project to establish a financing agreement, so excellent way in the financing after the completion of the money to each other. The agreement deals with the repurchase and interest rates after the project expires, but the specific financing agreement is not open to outsiders. Lawyer: Have the measures to recover funds been adopted to increase the amount of money that has not been approved for fund-raising activities? Excellent way investment said, before the expiration of the product, after the extension and at present, has been in communication with the country to create energy, hope that the country will create the funds, including principal and interest together to honour, but the country has not given specific answers. Paradoxically, the country's energy sources have responded to the daily economic news reporter, and have never had any cooperation with the investment. Is the truth as good as investment said it has communicated with the country's energy-creation? China's Energy Secretary Wang Qiang said that the level of the listed companies have never had any relationship with the superior road. Excellent way as the fund management, why did not get any equity in the case, the funds to the listed companies? Analysts argue that logic and legal procedures are difficult to make sense. "If there is a real financing agreement between the investment and the listed companies, but now the deadline has come, as the fund managers, they should take the initiative to request the return of funds, or even to the law." "A beijing-based trust told reporters, but so far the good way has remained inactive." Good way investment has been claimed to have a private with the country to enter into the energy of the financing agreement, and as a certificate, claiming that the money has been entered into the public companies to create energy accounts. Shen said to the daily economic news reporter, "in the absence of access to the Securities and Futures Commission (SFC), any fund-raising actions are illegal." "This also means that the investment of excellent way to create energy in the country before the Act is not in accordance with the law." And excellent way investment also not in accordance with the contract, the money used to buy the country to create energy-directed additional equity. "Earmarked means the GP needs to invest the money in the contract, but the investment in gifted is to use the money for him, which may involve illegal misappropriation of funds." "Shen," said the lawyer. "Project Guarantee Party" Huayang Investment: never guarantee the investment of excellent way has been reported to the police every reporter Zheng Peishan Chao De Wang Yiming in the contract of the rich righteousness, the wind control measures look very perfect. Two guarantee party-Guizhou Yang Yang Mining Investment Co., Ltd. (hereinafter referred to Yang Yang mining), China Huayang Investment Holding Co., Ltd. (hereinafter referred to as Huayang investment) agreed, "for 300 million yuan fund raising, the country creates the energy to increase the capital to issue the stock project without the approval of China Securities Regulatory Commission, Return of capital occupancy fee in the period of capital appropriationGuarantees are also provided for the principal and expected return of the raised funds at the expiration of the 1-year investment period. "This agreement is a lot of investors trust the product of the key factors, all kinds of signs and the response of the parties to show that the good way investment suspected forged guarantee letter!" Huayang investment has been reported to the police, now police have entered the investigation stage. "The Daily economic news" learned that, in addition to the national energy projects, excellent road investment also in the name of Huayang investment on a number of projects to guarantee. The strong "guarantee party" hopes to get in touch with the guarantor after the investor finds that the investment is not able to meet its investment on time. "The guarantor has at least one ' tastes ' company, stating that the guarantor has a certain strength, if the gifted and not the money, at least the big company will not run." "An investor involved in the gifted investment project said to reporters. Huayang Investment was founded in February 4, 1989, formerly known as China Yanglangli Technology Trading Co., Ltd., China Huayang Economic and Trade Group Co., Ltd. (hereinafter referred to as China Huayang) 's core enterprises. China Huayang Economic and Trade Group Co., Ltd. was founded in 1984, formerly known as China Huayang Technology Trade (group) company, 2009 restructured into a limited liability company, the establishment of a modern enterprise management system, is now the Chinese Council for the promotion of ccpit management enterprises. After years of development, Huayang investment involved in the industry has trade, petrochemical, High-tech, automotive parts and other fields. In recent years, Huayang investment gradually involved in bonds, funds, PE and other financial investment areas. Its investment in Yueyang Heng Li is well known to the market. It is noteworthy that the two guarantee companies have a certain relationship with the national Energy creation, Yangyang Mining for the country to create energy shares in the subsidiary, the state-created energy, Yueyang Heng Li are "zjy" listed companies, Huayang investment-oriented, participate in the suspension of the market for six years, Yueyang Heng Li Company's share-splitting reform, to help its successful resumption of the listing, while, Also intends to subscribe to the cash of 300 million shares Yueyang Heng Li Company's directional additional shares. Reporter found that excellent investment in the series "Excellent surplus No. 3rd Yueyang constant increase investment fund" products, raise the scale of 400 million yuan, the product dedicated to the Yueyang Heng Li's fixed increase project. Huayang investment: Deny the guarantee of the judiciary has been involved in preferential way investment and investors signed the contract to see, excellent way investment claims Huayang investment is its guarantor, according to the investment to investors in the formal guarantee letter to see, there is a real investment in Huayang's seal. This letter of guarantee asserts that the Guarantor Huayang investment was established on February 4, 1989 and the assets as at December 31, 2011 were 6.075 billion RMB. Within the limits set by this letter of guarantee, it has the ability to repay the debts of Shanghai excellent Road Investment Management Co., Ltd. The warranty in the guarantee is as follows: The guarantor is for 300 million RMB fund raise, the country creates the energy to increase the capital to issue the stock project or other project without the CSRC and the punctual capital and the capital occupation period Capital occupation fee return as well as the 1 year investment period expiration when the raise capital principal and the return provides the Its obligation is: If Shanghai excellent road investment fails to meet the above obligations in full and on time, the guarantor will undertake joint and several insuranceCertificate liability, the scope of its guarantee is the principal of debt, income, liquidated damages, compensation, the cost of realizing the claim and other expenses that should be paid. The guarantee liability period is 2 years. Surprisingly, on the guarantee letter of excellent investment, the company residence of Huayang Investment is 204 room 9th Building, No. 17th, White Square West Street, Xicheng District, Beijing. But the staff of Huayang Investment said to the daily economic news reporter, "We did not work there years ago." "The reporter then visited huayang investment in the Beijing Asian Games Village Office, a Huayang investment in the head of the reporters, and explained to reporters," We have never been to the investment of excellent way any guarantee. "Then, it told reporters," we learned that after the company understand the situation is, Huayang Group, Huayang Investment Holdings or, we have never external guarantee. "Our company has reported to the police and has declared that it has not been done," the official said. "He also made a specific statement," Our company and gifted Road has no relationship, we have reported to the police to identify notes, seals, seals. It is now certain that the police have filed a case, the public security has begun to identify notes. "He stressed again," they said and we cooperate, also need evidence, I can clearly say that we have reported, the public security has been filed for investigation, who is responsible, who is responsible. The judiciary has intervened. We are also confused, and now it is the stage of investigation. "Jiangsu Dili: All related documents are fake in the" daily economic news reporter to Jiangsu Dili Investment Co., Ltd. (hereinafter referred to as Jiangsu Dili), the interview, Jiangsu Dili said has been reported to the police, excellent road investment in all relevant documents are false. Jiangsu Dili and affiliated companies have never been to excellent investment or related parties issued any "revenue commitment", "guarantee letter" and other documents. The daily economic news reporter noted that only from the seal of the letter of guarantee, excellent way investment to investors in the documents exposed in a number of problems indeed. First, in the guarantee letter, the name of the official seal is "Guizhou Yang Yang Mining Investment Co., Ltd.". However, in the letter in the guarantee letter, as well as the rich-Italian investment in the agreement, is written in "Guizhou Yang Yang Mining Investment Co., Ltd.". "Daily economic news" reporter according to guiyang Industry and Commerce Bureau inquires, and does not have a "Yang Yang mining", only "Yang Yang mining". Why, then, is such an important document wrong about the name of the guarantor? Is this just a "clerical error" or is it intentional? Second, the letter dated October 15, 2012 of the security letters stated that Yang Yang Mining legal representative is Yang Guorong. The man was once the chairman of the country's energy source, but he resigned in June 2011. Then, rain became chairman of the board. The same year in December, the rain resigned, Zhou Jianyun as chairman so far. In other words, as early as 2012 years later, the Yangyang mining legal person should have changed to Zhou Jianyun. So how could it be that in the October 15, 2012 Letter of guarantee or Yang GuorongWhat about the legal representative? Lawyer: Fictitious guarantee conforms to criminal swindle characteristics from the point of view of the investment head of Huayang, excellent investment virtual a strong guarantor, its suspected forged official seal and signature. Shen said, "The guarantee unit appears forged, fictitious the guarantee unit, conforms to the criminal fraud characteristic." "Because of the investment of Gifted Tao refused the official interview of the reporter, then the reporter and the identity of investors, hope and good way to verify the security party fraud, a customer service leader in the phone voice full of fatigue to say to reporters," I have spoken with the visitors, you can directly ask visitors. " One thing you can't make me repeat, and I can't verify your identity on the phone. "Subsequently, the reporter proposed Huayang investment security suspected of fraud, the person responsible for the reply," I do not explain, you have any questions about legality, please find a professional authority to deal with, I do not answer this question. You have a question, think we are false, untrue, you can find a court, through the investigation to deal with this matter, listen to understand? The voice just fell off and hung up the phone. "The" "related to the listed companies" national Creative energy: did not respond positively to receive 400 million yuan each reporter Chao De Zheng Peishan because of gifted investment said that the rich-Yi Investment (limited partnership) of 400 million raise funds to the country to create energy, "daily economic news" Yesterday to interview the country to create energy Dong Wang Qiang. Wang Qiang said "did not hear the entrustment financing agreement", and said "and excellent way to invest no relationship", "excellent way investment and we do not have any cooperation project." In response to reporters, Wang Qiang always replied with a rhetorical tone, "How can the company do that kind of financing?" "As to whether the country's energy sources have received 400 million of the rich investment?" Wang Qiang did not give a positive answer. Fuyi investment of 400 million yuan to become a suspect in the investment known as the rich and righteous investment 400 million to the country to create energy, China's energy secretary Wang Qiang in the reply to reporters, said, "is not clarified?" "November 6, 2013, the state-created energy release clarification Bulletin said that the media reported Liu Yongsheng to Shanghai Minhang Wu Jing Town Construction Relocation Housing in the name of the market in private equity financing, and about 100 million yuan to raise capital to the country to create energy. In this respect, the country creates the energy to carry on the comprehensive verification. As a result, "all directors and executives of the company did not know the Liu Yongsheng case or participated in the case in writing." "" By the company's finance department to check, the Liu Yongsheng case of funds not used by the company, and the company has no relationship. "But in fact, the above incident is a different matter from the 400 million of the rich investment that the journalist asked, and it is a new event that has nothing to do with the previous clarification announcement." Can the country create energy to check again, in the form of a notice to answer "has not received the Shanghai Fu Yi Investment Management Center (limited partnership) raised 400 million funds"? It is noteworthy that the investment in the response to the emphasis on the wealth of investment 400 million funds transfer to the country to create energy sources of evidence, can be provided to investors, but not to reporters. Dong-fu: There is no relationship with excellent investment for the establishment of the rich and the origin of investment, excellent way to invest in the argument is that the country to create energy for the purpose of raising funds to findTo the excellent investment, the two sides signed a "financing agreement", then we began to raise funds to raise money to establish a rich investment. However, in view of the investment of Gifted Tao, the state-created energy Wang Qiang said "did not hear the entrustment financing agreement", and said "and excellent way to invest no relationship", "excellent investment and we do not have any cooperation projects." However, in the daily economic news reporter's information, there is a closing date of January 16, 2014, covered with the national innovation of Energy, "the announcement of the extension of private shares in the country." In this "to Shanghai excellent Road Investment Management Limited" notice, China's energy sources said that because the non-public issue of shares has not been approved by the SFC and other reasons, "Shanghai Fu Yi Investment Management Center (limited partnership) participation in the country's energy non-public issue of shares of the plan needs to be postponed, the extension period of 6 months." "That is to say, if Wang Qiang said and gifted way" no cooperation projects, then why the country to create energy to the investment of good way to send a notice of the increase in the extension? More noteworthy is that the state-created energy officially issued a moratorium on the announcement was on January 25, 2014. On the same day, the company said January 24 received the China Securities Regulatory Commission Administrative license application for suspension of examination notice. "Daily economic news" Reporter noted that the country to create energy to better the investment notice than the announcement of the official notice a week earlier! Is this notice of a national seal of energy creation forged? In this, the reporter in the interview can not confirm. The company and the Yangyang mining legal representative are the same because the daily economic news reporter has a letter of guarantee covering the Yangyang mining seal, which guarantees the security of the funds for the Fuyi investment. What is the relationship between Yangyang mining and state-created energy? In this regard, the reporter has also interviewed the country to create energy. Company Securities staff said "Yang Yang Mining is a shareholding company, we have no contact." And they are independent legal persons and we all have nothing to do with their own independent behavior. Wang Qiang said Yang Yang Mining is not our company's holding subsidiary, now we share only about 20%, a small number, we can not manage this matter. "According to the state-created energy before the announcement, in December 2010, the name also called *st four-dimensional state-owned energy to 10 million yuan to acquire 100% of the Yangyang mining." May 2011, the country creates energy to Yangyang the mining industry to increase the capital 90 million yuan. In the 2012 report, the state-created energy sources said Yangyang mining "is the company's domestic coal mine integration platform Company." However, in January 2012, in the country to create energy, the largest shareholder of Jiangsu Dili Austrian Investment Co., Ltd. to Yangyang Mining, the state-owned energy to the Yangyang mining holdings fell to 25%, the majority of its shareholders in Jiangsu di Austria indirect holding Yang Yang mining 75% of the equity. The reporter noted that, after giving up the controlling power, the state-created energy also secured the Yangyang mining industry in August 2013. According to the information of Guiyang Industry and Commerce Bureau, today, the state-created energy and Yangyang mining legal representative or the same person-Zhou Jianyun. Security letter says, Yangyang Mining to Fuyi investment capital safetyGuarantee the whole process. The Yangyang mining seal of the guarantee letter is also forged, the reporter in the interview can not confirm the temporary. "Fund custodian" Bohai Bank: No escrow agreement signed with the rich and righteous investors each reporter Wang Yiming "Daily Economic news" reporter received a number of "state-owned energy-oriented Investment Management Center (limited Partnership)" entry agreement, wrote clearly, fund custodian bank for Bohai Bank, all subscription funds by its custodian, The bank is the sales department in Shanghai branch. To this, the Bohai Bank yesterday to the "Daily economic news" Reporter's reply is: The partnership is a false propaganda, the rich investment in the bank opened only the ordinary account, did not sign a custody agreement with the bank. When the correspondent informed the Bank of the number of investors who signed the above occupation agreement, they all said they knew nothing about it. The Bohai Bank has given the daily economic news a written reply to the issue as follows: "Shanghai Fu Yi Investment Management Center (limited partnership) only in the Bohai Bank Shanghai Branch Business Department opened a general account, not a custodian account, did not sign the escrow agreement with our bank, and the partnership does not have a trusteeship relationship. The partnership's publicity in the Bohai bank trusteeship as a false propaganda, we have found this in April 2013, and in our official website published an important announcement of the private equity fund in the name of our bank to carry out false business publicity statement. "The above-mentioned statement of" false business publicity in the name of our bank "shows: Recently, our bank has found that individual private equity funds have not signed a trusteeship agreement with our bank, but when the fund is raised, the false claim to fund custodian in our bank is misleading to investors. In this, I solemnly declare that the private equity fund trusteeship Business is only managed by the head office of the headquarters of the Department of Management, any private equity funds to publicize the Fund in the Bohai Bank, such as a branch of trust are false publicity, please investors to carefully screened propaganda information, prudent investment.