The company fails to perform its legal obligations and the chairman of CITIC Securities is restricted from consumption

category:Finance
 The company fails to perform its legal obligations and the chairman of CITIC Securities is restricted from consumption


The order No. is Yue 0391 No. 1550. The peoples Court of Qianhai cooperation zone in Shenzhen pointed out in the order of restriction and elimination that on May 7, 2020, Yu Guojing, the applicant, filed a case for enforcement of the securities dispute with CITIC Securities. Because CITIC Securities failed to perform the payment obligations specified in the effective legal documents within the period specified in the enforcement notice, according to the relevant laws and regulations, the peoples Court of Qianhai cooperation zone took measures to restrict the consumption of CITIC Securities and restrict CITIC Securities And Zhang Youjun, the legal representative, the main person in charge, the person directly responsible for the debt performance, and the actual controller, shall not carry out high consumption and non life and work necessary consumption behaviors. These consumption behaviors include nine items: (1) when taking the means of transportation, choose the second-class or above class accommodation of airplane, train soft sleeper and ship; (2) carry out high consumption in hotels, hotels, nightclubs, golf courses and other places above the star level; (3) purchase real estate or new, expanded or high-grade decorated houses; (4) rent high-grade office buildings, hotels, apartments and other places to do business Public; (5) purchase of vehicles not necessary for business; (6) travel and vacation; (7) children attend high-cost private schools; (8) pay high premium to purchase insurance and financial products; (9) take all seats of g-head EMU train and other non life and work necessary consumption behaviors such as first class seats of other EMU trains.

The peoples Court of Qianhai cooperation zone in Shenzhen said that if Zhang Youjun uses his personal property to carry out the above-mentioned acts due to private consumption, he can apply to the court. If CITIC Securities carries out the aforesaid prohibited consumption activities due to business necessity, it shall apply to the court for approval before carrying out such activities. If a consumer restriction order is violated and verified to be true, a fine or detention will be imposed; if the circumstances are serious enough to constitute a crime, criminal responsibility shall be investigated according to law.

After Zhang Youjun received the order, he had to pay his own money to take the plane and train; if he acted on business, he had to apply to the court. In addition, at present, CITIC Securities is preparing to build a CITIC financial center in Shenzhen Bay, which may also have some obstacles in the short term.

Legal people: different from Lao Lai

A court official told reporters that, generally speaking, restricting high consumption means that you cant buy air tickets, trains can only take green cars or buy station tickets, but the restraining order is lighter than the restraining order in the penalty, and its also different from Jia Yueting, Luo Yonghao and other people who are listed in the list of those who are dishonest and executed.

Specifically, the restriction of high consumption refers to the restriction of high consumption of relevant personnel and relevant consumption not necessary for living or operation. To be included in the list of dishonest Executees means that the court recognizes the relevant personnel as dishonest Executees, enters their information into the name list database of dishonest Executees of the Supreme Peoples court, uniformly publishes them to the public through the list database, makes bad credit records, and gives credit punishment to the Executees.

In addition, those who are restricted from consumption shall not engage in the above-mentioned nine consumption behaviors. In addition to being restricted from high consumption, the dishonest executee will also be given credit punishment in the aspects of government procurement, bidding, administrative approval, government support, financing credit, market access, qualification identification, personnel selection and employment, etc., one dishonesty is limited everywhere. Therefore, the court said that Zhang Youjun received the order because he, as the chairman of CITIC Securities, was responsible for the legal affairs of the company. As long as the legal obligations of CITIC Securities are fulfilled, the height limit order can be lifted according to law. Liu Huahao, a lawyer from Guangdong Huanyu JINGMAO law firm, also pointed out that restricting high consumption is an executive measure, which is mainly aimed at urging the person under execution to take the initiative to fulfill relevant legal obligations. If the person subjected to execution has fulfilled the relevant legal obligations, he can apply for the lifting of the restriction. In this case, the subject who fails to fulfill the legal obligation is CITIC Securities, not the legal representative or the chairman of the board of directors, so it is not appropriate to define Zhang Youjun as a Laolai. Source: editor in charge of daily economic news: Chen Hequn, nb12679

In addition, those who are restricted from consumption shall not engage in the above-mentioned nine consumption behaviors. In addition to being restricted from high consumption, the dishonest executee will also be given credit punishment in the aspects of government procurement, bidding, administrative approval, government support, financing credit, market access, qualification identification, personnel selection and employment, etc., one dishonesty is limited everywhere.

Therefore, the court said that Zhang Youjun received the order because he, as the chairman of CITIC Securities, was responsible for the legal affairs of the company. As long as the legal obligations of CITIC Securities are fulfilled, the height limit order can be lifted according to law.

Liu Huahao, a lawyer from Guangdong Huanyu JINGMAO law firm, also pointed out that restricting high consumption is an executive measure, which is mainly aimed at urging the person under execution to take the initiative to fulfill relevant legal obligations. If the person subjected to execution has fulfilled the relevant legal obligations, he can apply for the lifting of the restriction. In this case, the subject who fails to fulfill the legal obligation is CITIC Securities, not the legal representative or the chairman of the board of directors, so it is not appropriate to define Zhang Youjun as a Laolai.