Nanda Optoelectronics: Shareholders suspected of illegally occupying company funds

Jiangsu Nanda Optoelectronic Materials Co., Ltd. (hereinafter referred to as “Nanda Optoelectronics”) held an online roadshow on July 27. The reporter's investigation found that in the process of increasing the capital of Nanda Optoelectronics, there was a problem of shareholders taking illegal shares of company funds.

On January 25, 2002, Nanda Optoelectronics issued 2.7 million shares to 16 natural persons including Hu Lixin, Sun Xiangyu, Pan Yi, Dai Jinsong and Xia Fang at a price of 1 yuan per share. After the capital increase, the registered capital of the company was changed to 27.7 million yuan. . Nanda Optoelectronics said in the "Jiangsu Nanda Optoelectronic Materials Co., Ltd. on the evolution of the share capital since the establishment of the company and the confirmation opinions of directors, supervisors and senior management personnel" (hereinafter referred to as "confirmation opinion"), the newly added capital is added The shareholders are entrusted by Suzhou Industrial Park Asset Management Co., Ltd. (hereinafter referred to as “Park Assets”) and Suzhou Industrial Park International Science and Technology Park Development Co., Ltd. (hereinafter referred to as “Technology Development”). Among them, Sun Xiangxi, Pan Yi, Dai Jinsong, Ren Bin, Xu Wei, Chen Huabing, Mao Bingrong, Jin Wei, Yu Huaigu and other 9 people entrusted the park assets to fund the investment, the total amount of shares is 864,000 yuan; Xia Fang is entrusted with technological development On behalf of the capital contribution, the amount of shares is 120,000 yuan.

Nanda Optoelectronics Prospectus shows that on September 30, 2004, Nanda Optoelectronics paid off the investment of RMB 864,000 for Sun Xiangxi and Pan Yi, and until December 2007, Sun Xiangxi and other talents returned the investment. paragraph. The shares held by Xia Fang were paid by the share transferee Zhang Jianfu on the transfer of the whole amount of 120,000 yuan to the development of science and technology on June 7, 2006 and March 11, 2011 respectively. Zhang Jianfu paid 3.5 for the development of science and technology. Ten thousand yuan of the occupation fee.

In other words, 9 people including Sun Xiangxi and Pan Yi occupied the issuer's Nanda Optoelectronics funds for more than three years, and the final result was only the return of the principal, and the amount of the payment was not paid. Gao Chunjiang, a lawyer from Jiangsu Tongjiang Law Firm, pointed out that the behavior of 9 people including Sun Xiangxi clearly invaded the assets of the state-owned holding enterprise park and the interests of the issuer Nanda Optoelectronics, and should pay a certain amount of money.

In addition, Nanda Optoelectronics Prospectus and the “confirmation opinion” stated that the additional targets for the company in 2002 were mainly directors, supervisors, middle and senior management personnel and technical core personnel. At that time, Hu Lixin, deputy general manager of the State-owned Assets Management Company of Suzhou Industrial Park and general manager of the park, invested 600,000 yuan. Xia Fang, the director of the International Science and Technology Park Management Center of Suzhou Industrial Park, is currently the deputy director of the Suzhou Industrial Park Management Committee. 10,000 yuan, and served as director of Nanda Optoelectronics until October 2010; Wei Guoqiang, Hua Liang, Hu Haiping and Dai Jinsong, who were employees of Suzhou Industrial Park civil servants or subordinate units, respectively, invested 120,000 yuan, 120,000 yuan, 120,000 Yuan and 250,000 yuan. At the time of the capital increase, Gu Lifang, Xia Fang and Wei Guoqiang took shares as directors. Hualiang and Hu Haiping took shares as supervisors. Hu Lixin and Dai Jinsong respectively took shares as chairman and general manager.

In its prospectus and "confirmation opinion", Nanda Optoelectronics confirmed the civil servants or state-owned enterprise executives of Hu Lixin, Xia Fang, Wei Guoqiang and Hua Liang, but did not list the detailed resumes of Hu Haiping and Dai Jinsong.

In response to the above illegal shareholding issues, Nanda Optoelectronics Prospectus pointed out that the issuer's shareholder Wei Guoqiang is a national civil servant in Suzhou Industrial Park, and Hualiang is a senior executive of the state-owned holding company. Such national civil servants and state-owned holding company managers need to be corrected. . To this end, on June 28, 2010, Wei Guoqiang and Hua Liang signed the “Share Transfer Agreement” with natural person Liu Jing (a lawyer of Jiangsu Huawei Law Firm since 2005), and transferred their respective shares of 120,000 shares of Nanda Optoelectronics to Liu Jing, the transfer price is 1.6 yuan / share. The shares held by Xia Fang were transferred to Zhang Jianfu at the original capital price of 1 yuan/share. The prospectus also shows that Hu Lixin ceased to serve as a civil servant in June 2005 and his shares were not cleared.

In this regard, the legal profession pointed out that Nanda Optoelectronics has not thoroughly cleaned up the illegal shareholding behavior of civil servants or state-owned enterprise executives. On the one hand, Wei Guoqiang and Hua Liang have been improperly compensated for illegal shareholdings and should be recovered; Hu Lixin’s shareholding behavior occurred during his period as a civil servant, and his shares still need to be cleaned up.

On July 2, the reporter contacted Nanda Optoelectronics and interviewed the NTU Optoelectronics shareholder's assets and the identity of Hu Haiping and Dai Jinsong during the shareholding period. As of press time, there was no response; on July 6, The reporter sent a written interview outline to the Suzhou Industrial Park Management Committee on relevant issues, and did not respond at the time of publication.

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