Union chemical Fiber is accused of false statement mixed system of People's red-headed to persuade

United Chemical Fiber (600617. SH) has not announced the control shareholder Shanxi state New Energy received the Taiyuan Intermediate People's court verdict result, this verdict confirms that Shanxi state new energy to backdoor inject the asset not to have the complete property right, this leads directly to the disclosure content existence false statement of the acquisition report. April 17, when the "Huaxia Times" reporter in Taiyuan, Shanxi see Dahua Rong Metal Materials Co., Ltd. General manager Wang Zhicheng, he is also falling into a dispute with the state capital, in court, when he took out the "contract law" and "property law" as the basis for safeguarding the right, the other side of the evidence is issued by the Superior state-owned Department of the " Directive opinion, correspondence and so on various red-headed. This year's NPC, Sinopec chairman Chengyu and the chairman of the Cao Dewang-Yiu Glass Group on the reform of the mixed ownership of the debate drew attention, most private entrepreneurs for the past 10 years between the state and the people's capital between you and me back to the dispute are fresh. As some private entrepreneurs worry about, not the future shareholding ratio and the size of the discourse, but once the dispute, "blackhead" law can withstand the "red head" document. Red-headed quit Wang Zhicheng now for a long time has not seen the retired former state new Energy vice Chairman Yuanbao Lock, Wang Zhicheng said, he was afraid to meet all embarrassed. Time back to the end of 2002, when the Shanxi Metallurgical Materials Corporation (referred to as metallurgical company) called for the participation of employees, ready to participate in the establishment of Shanxi Natural Gas Co., Ltd. (Shanxi Natural Gas), at that time the minimum requirements for the investment threshold is 5 million yuan. At that time, Taiyuan used gas, and the price is very cheap, only 4 cents per cubic meter, and already has a network of urban coverage, gas prices are not competitive, there is no pipe network, we are not optimistic about the future of natural gas. "Wang Zhicheng was the metallurgical company's staff, unlike other employees, he was in partnership with a number of friends to set up a company-Dahua company, relatively rich in hand. At that time as the general manager of the metallurgical company Pao find Wang Zhicheng, mobilized him to take out 1 million yuan shares, but finally take into account the risk, Wang Zhicheng only agreed to take out 500,000 yuan shares. 2003, metallurgical Company and Dahua Company signed a share-holding agreement, the two sides jointly funded 5 million yuan to participate in Shanxi natural gas, April 10, 2003, Shanxi Natural Gas was formally established, the proportion of 36.37% of Shanxi Province Township Coal Transportation Co., Ltd. (Shanxi Coal transport) to become a major shareholder, and metallurgical company shareholding ratio of 9.09%, converted down, metallurgical company for Dahua Rong Company held a 0.91% equity. of the original 6 sponsors, in addition to from the state-owned metallurgical companies and collective economic nature of Shanxi coal transport, holding the remaining 55.45% per cent of the 4 shareholders are private capital; By 2004 years, Shanxi natural gas to increase the share of capital, the introduction of two private equity, at this time, Metallurgical companies representing state-owned and collective economy and Shanxi's coal-carrying stock have fallen further to 38.4%. However, when the time came to 2007, the situation beganChanged. In April, Shanxi Sasac to Shanxi Coal Transport and Metallurgy Company issued documents, the resolution of the metallurgical company as a whole to transfer to the provincial Sasac and has been converted to state-funded background of Shanxi Coal transport restructuring, at the same time, in order to strengthen the control of Shanxi natural gas, the request of state-owned natural gas to This means that many of the previous private capital involved in Shanxi's natural gas had to withdraw from the shares. "The original lock also looked for me at the time, said to give me 3 times times the premium, let us also exit, but I did not agree." Wang Zhicheng told the newspaper reporter. Subsequently, in addition to the original shares of the macro-exhibition real estate and Tiensen logistics two private capital, several other private capital in the January 2008 before the withdrawal, and Shanxi coal in the acquisition of metallurgical companies, the establishment of Shanxi state New Energy Development Group Co., Ltd., the shareholding ratio also in accordance with the requirements of Shanxi provincial Sasac to increase to 51%. This time, has been transferred to the national New Energy Metallurgy Company or failed to solve the Dai-Rong Company's behalf of the issue of ownership, in early 2009, the metallurgical company simply gave a letter to Dahua company, asked them to withdraw their shares as soon as possible, The reason for this is that State Department SASAC requires the state-owned economy to maintain absolute holdings in the 7 sectors of the economy that are economically vital and safe, such as oil and gas. "The absolute holding of state-owned economy is not the reason for private economy withdrawal. Dahua Company's shareholding ratio is less than 1%, has not affected the controlling shareholder's absolute holding position, the national new energy wants to maintain the holding position only needs to increase the capital to expand the stock to realize, does not need the private enterprise withdrawal, moreover, this industry also is not not allowed the private enterprise existence. "Jiangping, a renowned law expert, said after reading the letter. Be "forgotten" the people's capital let Wang Zhicheng unexpectedly is, his trouble just started. 2009, after the completion of the Shanxi natural gas capital Absolute holding, 3 shareholders began to start a new round of the same proportion of capital increase, in February 2009, Shanxi Natural gas from 150 million yuan to increase the registered investment to 300 million yuan; December 2010, the registered capital increased to 400 million yuan. As for this time, Dahua company, in 2004 when the round of increase in capital has been abandoned by metallurgical companies, to 2009 years, again by the country's new energy "forgotten." Wang Zhicheng sit still, a few rounds of capital increase down, see the hands of the stock has been diluted from the original 0.91% to 0.1%, and, now the new energy even the 0.1% of the equity is not recognized, only to admit that the metallurgical company just "borrowed" the big Rong company 500,000 Yuan. "How does a black-and-white equity agreement become a loan?" In 2013, Wang Zhicheng, who was cornered, filed a lawsuit against the Taiyuan Intermediate People's Court, requesting new energy to confirm its initial 0.91% per cent stake. November 6, 2013, the National New Energy backdoor Shanghai United Chemical Fiber Co., Ltd. (referred to as the United Chemical Fiber, 600617.SH) of the major asset reorganization by the SFC merger and reorganization Committee of the conditional approval, and then according to the company's legal advisor to the case issued in the court of law opinion that: "If the courts foundThe original shareholding relationship between Metallurgical company and Dahua Company does not exist or is invalid, then they are the debt and debts, and the new energy of the country has nothing to do, even if the court found that the stock relationship is effective, but also the metallurgical company to assume the responsibility for breach of contract, the new energy of the original acquisition of metallurgical companies is in good faith, but also with the new energy. After submitting the legal opinion, Shanxi natural gas successfully obtained the final approval from the CSRC and completed the final backdoor listing in January 2014. However, after only one months, the city of Taiyuan in the court on the case of the verdict, that the new energy should be recognized by the company's 2003 500,000 Yuan shares, At the same time there is a 2004-year first round of capital increase in the missing 654,500 yuan of equity, the total should be 1.1545 million shares, this part of the equity should be in the new energy shares in the amount of the corresponding CERs. The Wang Zhicheng of the verdict, in the heart of joy, so many years of equity demand for the support of judicial decisions, but also unhappy, because the court finally adopted a compromise of interest, only to recognize the 2004-Year-old Equity, the 2009 years after the two rounds of capital increase, has not been recognized by the Court, This means that Wang Zhicheng's stake in Shanxi's natural gas restructuring before the proportion of total equity, still not 0.91%, but less than 0.29%. Taiyuan City in the judgment of the reason that: "The state of new energy is not the original participation in the agreement signed, not binding on it, therefore, the company can not request the new energy sources in China to continue to inform the company to increase the subscription shares." "" From April 2007, metallurgical companies have been entrusted to Shanxi coal transport, to the January 2008 officially the Shanxi natural gas transfer to Shanxi coal, I have repeatedly looked for the leadership of two companies to negotiate, from beginning to finish they are aware of this participation agreement exists, but is not recognized. Wang Zhicheng told the newspaper reporter. And the big Rong Company's lawyer Guo Kechun that: "First of all, the 2008 years of the transfer of state-owned assets did not carry out assets evaluation and public listing, serious violations of state-owned assets transfer procedures, is not in good faith to obtain; second, since the state of new energy has taken over the metallurgical company The corresponding rights and obligations of the relationship also shifted, can not deny the existence of this share agreement, also can not shirk obligations. "The new Energy Agency lawyer Sun Zhi said that the case is still on appeal, it is not convenient to issue views." "I do not think this is a personal opinion, the matter is a Ishi obvious, waiting for the court final judgment on the line, with a final verdict, we all good things." As the whole incident person's original Pao declined to meet with reporters. "We will continue to appeal to the higher People's Court in Shanxi province. Wang Zhicheng told reporters that now the state is opening up the monopoly industries such as oil and gas entry barriers to encourage private capital to participate in oil and gas industries such as investment, no matter from the point of view, the national new energy and metallurgical companies should correct errors, respect for the law, respect for the interests of private capital.