Hankou Bank trap false guarantee Rashomon Door

Author: New financial reporter Wang fan ' be guaranteed ' person loudly petitioners, creditor side decission, the debtor is hidden. In Hankou bank's ' false guarantee ' incident, the tripartite litigant uncompromising, lets a seemingly simple debt dispute, becomes bewildering. Reporters in many ways, hoping to find out from the party's response to the truth.　　and the exclusive and as one of the contradictions of the focus of Wuhan think Madenda chairman Pan Yu get in touch with his first response to the dispute. April 2, 2010, Wuhan Donghu Hotel, the National City Commercial Bank, the 11th session of the Development Forum is underway. Suddenly, a black man rushed to the podium, with his shout: "Hankou bank fraud case to my company fake 5.27 million debt."　　The Hankou bank, which is actively planning to go public, fell into the "fake guarantee" dispute. After the incident proved that the man of the black dress of the break-in is named Ai Qun, Wuhan Citibank Tong Biological Valley Co., Ltd. (hereinafter referred to as "Wuhan Nations") chairman. Then, after several Ai Qun, the reporter contacted in Wuhan, his assistant Mr. Yu said, "Ai is always compelled, he is not to break the meeting, but want to express views."　　"The reason for Ai Qun's" Last resort "was a court ruling that he stumbled across in 2010. July 2, 2010, Aichenze in Wuhan City to inquire about a civil case file, accidentally found its holding "Wuhan nations" body there is another case of civil litigation.　　In this "2001" Wuli 第007-9号 "Civil adjudication", Aichenze found that its company in November 8, 2004 for Wuhan Si Madenda (Group) Co., Ltd. (hereinafter referred to as Wuhan Si Madenda) to provide security.　　At the same time, the ruling showed that the executor of Wuhan Si Madenda (Group) Co., Ltd. ﹑ Wuhan Citibank Bio-Valley Co., Ltd. is still due to the applicant Hankou Bank Co., Ltd. New Road branch principal 5,271,050 yuan and interest. The origin "before this, we have never had dealings with Hankou Bank, how can there be such a guarantee?" "In the face of this debt from the sky, Aichenze very puzzled."　　So he began to trace the guarantee. Time to go back to March 2001. Because Wuhan si Madenda involves 5,271,050 yuan of principal and interest of the debt dispute, Wuhan Chinese Academy seized the company's many land use rights.　　But because these land use right has the flaw, cannot dispose the present, the court execution has been suspended. It was not until November 2004 that Wuhan thought Madenda the court to resume execution.　　In the course of this implementation, as the universal company is willing to provide security for the Madenda and to fulfil its security obligations, it is appended as a debtor. Subsequently, the Court resumed its procedures in March 2009. In the process, however, the court once again held that the executor had no other property to carry out except for the land tenure that was difficult to become realizable, and that the decision to terminate the execution had been issued on June 20, 2009, while the Wuhan millionThe country also owed the Hankou bank 5,271,050 Yuan principal and interest.　　Moreover, the guarantee covers a total amount of up to 55.27 million yuan, and 250 acres of land related to Huangbei District Magnolia Lake was frozen.　　Process but for all this, Aichenze said, as Chairman of the Wuhan nations, he had "no knowledge" in the course of nearly 10 years. Aichenze's assistant Mr. Yu told the new financial reporter that AI immediately found the bank of Hankou after he was "insured", but "I have been to the bank five or six times and have not entered the office of Hankou Bank for most of the time." At most, we borrowed the security conference room to receive us. "Mr. Yu said that this guarantee tripartite agreement is the Hankou Bank New Road branch staff Heli Min handles." During the negotiation with the bank, they met with him in the hall.　　However, due to the "insured" incident between the two sides uncompromising, disputes, and finally had to call 110, please police to solve the problem. Since last April, Hankou Bank has been unable to reach agreement with Aichenze on the "guaranteed" incident. Ai fears that such a lawsuit could be entangled, affecting shareholder confidence and the company's business operations.　　Mr. Yu also said that due to the uproar over the debt dispute, the company's cooperation with several foreign companies have actually been in the suspension stage, the company listed also affected. As a result, Aichenze decided to repay 5,271,050 yuan of principal and interest to the bank. At this point, however, the bank refused to accept the repayment on the basis of no cash. Last October, AI and Hankou Bank made the last negotiation, and then briefed the CBRC on the situation.　　The CBRC tasked the local banking and regulatory bureau to investigate and deal with the matter, which could be said by Mr. Yu, who were treated as "buck" in the process.　　Aichenze that the company's development will be affected, so the choice of the recent National City Business forum to stage a "speech." At present, Aichenze and Hankou Bank on the "guaranteed" incident intensified.　　Hankou Bank said it would hold its legal responsibility, and Aichenze said to "the end of the complaint." Hankou Bank: "False guarantee" a reversal of the truth in the Ai Qun of the fierce questioning, Hankou bank was suddenly pushed on the cusp.　　From the public information can be seen, Hankou Bank was founded on December 16, 1997, formerly known as Wuhan Commercial Bank, June 25, 2008 renamed as "Hankou Bank", Hubei Province is the largest city commercial banks. It is reported that on the day of the Ai Qun, Hankou Bank chairman Chen Min on the forum site to make an oral statement: "I will quickly organize personnel investigation to ascertain the situation, before April 6 to the CBRC and the banking supervision of two of the written report, and to the board of directors and governors of the director of the briefing."　　and bowed and apologized. April 7, Hankou Bank on the official web site, called the "Hankou Bank solemn statement," the paper responded. Hankou Bank believes that the Aichenze "false guarantee" that the truth is reversed. November 2004, under the auspices of the Executive Court, the NationsThe company, the debtor and the Hankou Bank new Road Sub-branch signed the agreement.　　It is confirmed by the company's official seal, and thus the secured debt is true and lawful. In addition, Hankou Bank has expressed suspicion to Aichenze's identity. The bank said in a statement that "the current Chairman and the legal representative of the universal company are not Ai Qun, and since April 2008 the change of the legal representative of the universal company, the universal company has never authorized Aichenze to handle any business on behalf of the company."　　"Moreover, on December 17, 2008, Aichenze because in the process of applying for company registration deliberately use false documents, deceive the registration authority, false record of large amount of registered capital, by the Wuhan Intermediate People's court to false registration capital crime sentenced to 07 months imprisonment, and a fine of 850,000 yuan."　　Moreover, Hankou bank repeatedly said that Ai's core interests are with the Madenda group of the stakes between the dispute. In addition, the Hankou Bank supervisor Chang Bai Junwei in the media interview that from 1995 to 1996, the predecessor of Hankou Bank has lent 50 million yuan to think Madenda. But "loan origination is flawed, there is no collateral, there is no guarantee, the final form is overdue."　　"And in 2001 to the Court for the seizure of the Madenda company 3 of the land, including the now transferred to the universal company in Magnolia Lake, 250 acres of land." October 2004, the universal Company to think Madenda company owed the debt to provide enforcement guarantees, the bank agreed to think Madenda company will be seized in Wuhan in the 250 mu of land to 60,000 yuan/mu of the valuation of the company, the universal company to the land for the SI Madenda company to provide enforcement guarantees,　　and agreed to transfer its name in the land by the Wuhan Central Hospital seizure. Thus, Bai Junwei said, "If Ai Qun does not know the guarantee, then he certainly does not know that the seized land has been transferred to the universal company." "The bank's own false guarantee increases the risk of the asset. "In the interview, the industry of a joint-stock bank in Tianjin raised their doubts to the new financial reporter." He said that, as far as he was concerned, once the guarantee had been identified as a false guarantee, the likelihood of the debt being bad would increase significantly, and he thought "there is no reason for banks to look at the risks themselves." But at the same time, the industry also said that some of the current reports that the bank will be Wuhan Madenda guarantee replaced by Wuhan, and the previous 55.27 million yuan loan package into 10 million. "If that is the case, it may be thought that this is too radical a way for banks to rush to deal with the bad assets in the process of restructuring and listing." Of course, this does not rule out the collusion between the staff inside and outside the bank, false guarantee for their own interests, which involves criminal cases. "In this regard, Hankou Bank said in the statement," the use of the triad of the Hankou bank to threaten the debtor, the refusal of the universal company repayment, framing will be 55 million yuan debt to 10 million yuan package disposal and other content, is purely malicious slander, slander, no factual basis. "Aichenze: Never had any dealings with Hankou bank.The seal of the Wuhan nations signed this guarantee agreement? Bai Junwei said, "The signing is not AI, but another director of the Sangimo." Ai has repeatedly stressed that "no previous dealings with Hankow bank." Ai's assistant Mr. Yu said, "Mulberry can not represent the nations, and they use the official seal is likely to be lost before the company, or their private carved."　　"At the same time, I also showed reporters to the 2004 Aichenze for Wuhan Universal general manager of the" Certificate of Corporate Identity "photocopy, and said" Ai has always been the chairman of the company, the bank's accusations of guilt is untrue. "　　The reporter found that, in 2005, Aichenze had "Citibank Tong Investment Company chairman" in the core journal of "China Reform" sixth 30th page of the publication of the "Share-splitting reform appeal package". In this respect, Beijing Jin Cheng with Tatsu law firm lawyer Guan Jun to the new financial reporter said that in this case, the contract signature and the authenticity of the official seal is very important, if you can prove the seal of fraud, you can find that the contract is invalid. However, if the official seal is true, then the Wuhan nations must bear the debt.　　If they think someone has stolen the official seal, they can be held accountable to the person. As for the bank's refusal to accept repayment, Ai believes that if the repayment, then the Wuhan nations will no longer face debt disputes, can be successfully carried out before the operation of the listing action.　　Once the IPO is successful, they will sue Hankou bank for this matter, causing the banks to face major lawsuits affecting their listing process. In addition, Aichenze also in the blog in response to some people's doubts about their identity, said that they have three identity cards because of "lost, information error" and other reasons. At the same time, he said on April 11, "the archives have been obtained from the archive of Hankou Bank 250 acres of false secured land of all materials, will be open at the appropriate time."　　"Pan Yu: People are doing, and days are worth noting is that in the ongoing dispute, the other party in the center of contradictions--Wuhan think Madenda and its chairman Pan Yu has not come forward to respond, it seems quite mysterious. It is understood that the SI Madenda group was established in 1994, the registered place is Wuhan Wuchang District Harvest Village Special 1th Madenda Industrial Park, the legal representative is Pan Yu, the main shareholders have Pan Yu, Zheng, Panhannian and other people. According to Aichenze, "all the nations and think Madenda not exist in the dispute, in 2004 the nations have bought think Madenda, large shareholders accounted for 70.4%, enjoy a controlling power, and in this way, to seek a listing."　　"and Pan Yu and his Madenda group have no shares in the company. In this connection, the reporter contacted one who had worked in the Madenda, Mr. Yu, said Pan Yu has been the chairman of the group, and Pan is his "aunt."　　At present, the group is still in normal operation, and there are Panlongcheng, Magnolia Two land is being transferred. It is noteworthy that the SI Madenda group and the Wuhan nations have been inextricably linked. Wuhan is a holding subsidiary of Si Madenda. Aichenze AlsoPan Yu cooperation with the operation of "Wuhan China Optics Valley Company" Sanbanxi listed, and then Huff. In 2004, after the purchase of shares in Qingdao, the Madenda accounted for shares from 70% to 10%.　　Aichenze said that during this period he was the legal representative of the nations of Wuhan and the nations of Qingdao. Subsequently, the reporter moved to think Madenda chairman Pan Yu, in the face of media interviews, she appears to be cautious, unwilling to respond positively to the relevant issues. When it comes to Aichenze's holding right to think Madenda, Pan looks a little dismissive: "Let him come up with evidence to prove it." "And for the actual manager of Madenda, Pan Yu said," The truth is, no more statements. "And hope that reporters through a variety of channels to understand the truth." Referring to the Aichenze of the "false guarantee" incident, Pan said that everyone should be responsible for their actions, and left a "people doing, days in the eyes" hurriedly hang up the phone.　　This makes Epin the relationship between the two sides appear more Yun. New financial journalist Wang Fan cartographic Zhang Chong