The practical problem of sealing up the equity of small companies: in litigation practice, it seems that the preservation and execution of sealing up the equity of small companies have become chicken ribs: it is also an asset if it is not sealed up; It is difficult to push it forward and realize it if it is sealed up. Judging from the attitude of the executive judge, some will show that it is not good to "persuade" you to stop; Some directly make the "final version" (explanation: "end this execution", that is, it cannot be executed).
Is it still useful to seal up the shares of small companies? The answer is: yes. Next, I will share two cases and specific operations.
Let me start with two cases.
1. Futian court represented a case, and we seized the defendant's house property, household registration/vehicle/house property/equity on behalf of the plaintiff, each of which was indispensable. At first, the other side was very courageous, but then the situation turned sharply, and the other side was eager to compromise and mediate. Later, it was learned that the defendant (shareholder) company applied for a bank loan, and when the loan expired, the bank inquired from the public system that the company's equity was blocked, and later found that there were cases involving litigation and worried about renewing the loan; For production enterprises, borrowing is fatal, so the other party is willing to make concessions and negotiate.
2. Another case is: the equity-related company that was seized has a mediocre performance and is an ordinary small company. However, after the equity was seized, the other party was willing to discuss with us, because the parent company including this company has been packaged and acquired by listed companies. If the equity of any company at that time was flawed and could not be traded as scheduled, the losses caused to shareholders by breach of contract would be greater than the interests disputed in this lawsuit.
Specific operation.
1. Procedurally: To seal up the company's equity, in addition to sealing up the company's industrial and commercial files, it is also necessary to serve a notice of assistance in execution to the target company. For the court, the number of cases is large, and it is ok to go through the procedure. Our company still needs to pay attention to sending the Notice of Assistance in Execution to the company to let other shareholders know. If the capital chain is very tight, and there are many creditors, as creditors, it is recommended to send the first letter earlier to freeze the equity.
2. Equity disposal price:
When it comes to equity disposal, the court will seek the opinions of both parties-or entrust a third party to evaluate; Either the two parties negotiate to determine the reference price of equity disposal. At this time, as an attorney, he should try his best to help clients collect information about the target company. At this time, the court's review of the operating conditions of the target company is more of a formal review obligation. Therefore, it is necessary to guide the parties to do more work and determine the reference price of equity disposal from multiple dimensions.
3. Advance the entrusted appraisal fee: if the application executor refuses to advance the entrusted appraisal fee, the equity involved will be deemed worthless and will not be disposed of; After the auction, if the applicant does not agree to accept the debt repayment plan, but agrees to pay the relevant evaluation fee, and the applicant executor cannot get compensation after deducting the entrusted evaluation fee, auction auxiliary fee and execution fee paid first, or the compensation amount is too small, the court may decide that the auction is useless and the equity involved has no disposal value.
3. The power of the court.
1. If the target company obviously delays or hinders the evaluation, the court shall serve the target company with a notice of assistance in execution according to law, requiring it to provide evaluation materials within a time limit, and talk with its legal representative to inform the assisting execution unit of its due obligations and legal consequences of non-performance, and urge it to complete the evaluation assistance as soon as possible.
2. In view of the problem that the target company's malicious disposal of assets leads to the depreciation of the equity value, the court can serve a notice of assistance in execution to the target company when freezing the equity, requiring the target company not to intentionally do anything that damages the equity value in the course of business operation, and interview the legal representative or principal responsible person of the target company to clearly state the legal provisions and corresponding consequences. If the target company does not cooperate, the court shall immediately take corresponding compulsory measures.
4. Pre-transaction work.
Before the transaction, there must be no less risk control measures, such as guarantee, real estate mortgage, debt joining and equity pledge. After the registration of equity pledge, the pledgee, as the priority, will be very relaxed and have an extra layer of protection when the other party is unable to pay back the money. In addition, after the pledge registration, it is necessary to conduct dynamic management and tracking to grasp the latest business situation of the target company, that is, to judge whether the equity is worthless and whether there are market changes. In a word, the priority of compensation is the most powerful guarantee.