After reading your supplement, I will give you a case for reference, hoping to help:
Many people report that Jilin Pharmaceutical has made new progress. On Monday morning, Mr. Zhang, the former supervisor of Jilin Pharmaceutical Company, went to Jilin Public Security Bureau to report that Mr. Zhang Shoubin was suspected of occupation.
Zhang Shoubin was reported to be suspected of job occupation.
According to the report, Jilin Henghe Weikang Pharmaceutical Co., Ltd. was originally a subsidiary of Jilin Pharmaceutical. On June 5438+1October 65438+April, 2009, the whistleblower seized the industrial and commercial archives of Henghe Weikang in taonan city Industrial and Commercial Bureau according to law and found that Henghe Weikang was owned by Stone. Among the relevant information about the equity transfer of Henghe Weikang, there is a resolution signed at the shareholders' meeting of Jilin Pharmaceutical on July 27, 2007, authorizing Zhang Shoubin to sell Henghe Weikang. As a listed company, public information shows that Jilin Pharmaceutical did not hold a general meeting of shareholders at all on July 27, 2007, and the resolution of the general meeting of shareholders was purely forged. On July 28th, 2007, Zhang Shoubin and Shi privately signed the Equity Transfer Agreement, and transferred Henghe Weikang to Shi at the price of140,000 yuan. On August 27th, 2007, Henghe Weikang completed the equity transfer, and the whereabouts of the transfer amount of RMB 6,543,804,000 was unknown. Zhang Shoubin's above behavior has constituted the crime of duty embezzlement.
Jilin City Public Security Bureau refused to accept the report.
Captain Xie of the Eighth Brigade of Economic Investigation Detachment of Jilin Public Security Bureau received Zhang and others. Captain Xie said after reading the report materials that it was unacceptable.
"This company is a listed company. You should find some departments that supervise listed companies, not us. " Captain Xie doesn't accept the report materials, so the reporter can take them away by himself. Captain Xie also said: "Your evidence is not sufficient. How can you prove that Zhang Shoubin put the money in his pocket? "
Lawyer Liu Lufeng of Hubei Dexin Law Firm believes that Jilin Pharmaceutical, as a listed company, must announce the convening of shareholders' meeting and the adoption of resolutions, and the unannounced resolutions of shareholders' meeting, whether true or forged, are invalid. As the legal representative of Jilin Pharmaceutical and the agent entrusted by the resolution of the so-called shareholders' meeting, Zhang Shoubin is also the signatory of the seller and the specific undertaker of the equity transfer agreement, and has the obligation to deposit the proceeds from the sale of Henghe Weikang into Jilin Pharmaceutical within the specified time according to the agreement. Now Henghe Weikang is still the assets of Jilin Pharmaceutical, a listed company, in the company's financial statements, while the industrial and commercial records are others'. Legally speaking, the ownership of the company is based on the industrial and commercial records, so this asset of Jilin Pharmaceutical has been lost. Judging from the constitution of the crime, Zhang Shoubin constitutes the accomplished crime of duty embezzlement. In this case, neither the whistleblower nor the investigation organ need to prove that the money was put in Zhang Shoubin's own pocket, and Henghe Weikang was out of the company's control. Whether Zhang Shoubin got the money or not does not affect the constitution of the crime.
In addition, as of press time, the CSRC has not replied to Lao Zhang's report on Jilin Pharmaceutical in June 5438+February 65438+July.
Please consult a professional lawyer for details ~ I can only help you as much as I can, but after all, my experience is limited, please forgive me ~