Fuannacompany before the loss of the first instance of the shareholders claimed more than 1.8 million

The yesterday, the rich Anna (market, interrogation) and 26 of natural person shareholders "sky-high" equity incentive case finally made new progress. Fuannacompany 9th announced the disclosure, a few days ago, the Shenzhen South Mt. District People's Court sentenced to one of the 26 natural persons of the Cao Lin to pay about 1.8989 million yuan liquidated damages and interest, as well as processing fees, preservation costs of about 27,000 yuan. Some lawyers believe that the first case has a reference role in the latter case. The remaining cases have not yet been heard. In June 2007, Anna developed and passed the Restrictive stock Incentive scheme, which is to distribute 7 million restricted shares to 109 employees at a price of 1.45 yuan per share. Before the company goes public, 26 of the employees have left and changed jobs. At the end of last year, rich Anna brought the lawsuit to the court, to the Yu Song, Zhou Sichuan, and other 26 natural persons shareholders in violation of the commitment letter promised to pay the breach of the gold, the claim for the 26 of the above-mentioned natural person shareholders compensation for liquidated damages accumulated amounted to 81.2167 million yuan, this is known as a-share listed companies "the most expensive It is understood that Fu Anna filed a lawsuit, the Nanshan court for each of the subject of a separate case, after 10 months, of which 3 defendants and rich Anna reached a conciliation agreement, the other 23 defendants, one of the Cao Lin has a first-instance judgment, the court decision shows that Cao Lin need to pay liquidated damages of 1.8989 million yuan and interest to Fuannacompany within 10th from the effective date of the judgment, and the lawsuit cost of the case will be fully borne by Cao Lin. Reporter learned that this is rich Anna and the former natural person shareholders of the first lawsuit, the other cases are separate case is still trial, the rich Anna Secretary Hu Zhenshu yesterday to reporters, "so far only to hear this together, not yet know the next trial time." "As for whether Cao Lin will appeal, Hu Zhenshu said," There is no information available. "The letter of Commitment applies to company law in fact, the focus of the case is Anna and the former shareholders signed the" Letter of Commitment ", which promised to sign the date of the company to apply for the first public release of a shares and listed on the date of three years, do not resign, discontinuous absenteeism 7th, breach of commitment will assume the responsibility and pay default. Earlier, the defendant of the rich Anna had questioned the letter of commitment, that the letter of commitment was forged and required forensic expertise. In addition, the case for employees with shareholder status, should follow the labor law or the company law is controversial, there is a point of view that the "commitment letter" stipulated in the liquidated damages for the "resignation" act, is essentially a restriction on the rights of employees to choose their own jobs, in violation of the "labor contract law" mandatory provisions, should be invalid. In the case of the above dispute, the Nanshan Court has stated clearly that, according to the letter of commitment, the defendant is based on a commitment made by the plaintiff to be a shareholder in the grant of his share, and that granting the defendant an offer is not an obligation of the plaintiff as the employing unit. The content of the commitment is not a commitment made by a laborer to obtain a job opportunity, nor is it a supplement to the labor contract between the plaintiff and the defendant. It is a commitment made after the defendant has obtained the qualification to purchase the plaintiff's shares at a favourable price,Is the shareholder's commitment to the company based on the subscription to the stock, and the defendant is in exchange for stock returns. Therefore, the court finds that the letter of commitment applies the contract law of the People's Republic of China and the PRC company law, and does not apply the labor contract law of the People's Republic of China, and the letter of commitment does not exempt the plaintiff from liability and increase the liability of the defendant to exclude the main rights of the defendant , binding on the accused. Beijing Hui Cheng law firm Lawyer Zhao occupation that this is a series of cases in which Anna has sued more than 20 former employees, and the case is almost unanimous, and now one of the cases is the verdict, and other cases should be judged on the same grounds, and according to the current verdict, even if the appeal, the possibility of revising the second instance is very small. In addition, the Court's determination of the nature of the letter of commitment in this case should be a reference to other cases.