Produced by Radar Finance and Economics Lei Zhu Bar |Xiao Wenzhu edDeep sea
On January 9, *ST Xifa issued a progress announcement on the occupation of funds.
Due to the fact that the capital occupation of *ST Xifa original controlling shareholder **Tianyi Longxing Investment*** hereinafter referred to as "Tianyi Longxing") touched the relevant provisions of the "Shenzhen **Stock Exchange** Listing Rules", the company ** has been subject to other risk warnings since April 10, 2019.
The third extraordinary general meeting of shareholders of ST Xifa in 2021 deliberated and passed the "Proposal on the Solution of Capital Occupation". According to the needs of the company's standardized operation, in order to eliminate the adverse impact of Tianyi Longxing on the company's capital occupation as soon as possible, the company's controlling shareholder **Shengbang Holdings***hereinafter referred to as "**Shengbang") decided to help solve it by transferring creditor's rights. On October 28, 2021, the listed company and **Shengbang signed the "Debt Transfer Agreement" (hereinafter referred to as the "Agreement"), which will be enjoyed by Tianyi Longxing due to the occupation of funds550,000 yuan of creditor's rights were transferred to **Shengbang, and the total transfer consideration was 736550,000 yuan. **Shengbang has completed the payment of the transfer consideration at one time, and the balance of the company's original controlling shareholder Tianyi Longxing's capital occupation of the listed company is 736$550,000 was repaid.
According to the agreement, Shengbang became the new creditor of Tianyi Longxing, and the listed company accepted the entrustment of Shengbang to continue to file a lawsuit against Tianyi Longxing in the name of the listed company and claim rights. On August 1, 2022, the company obtained the civil judgment of the Intermediate People's Court of Lhasa City, ** Autonomous Region ((2022) Zang 01 Min Chu No. 22) by appointing a lawyer, and ruled that Tianyi Longxing should return 736 occupied funds to ** Development within 10 days from the effective date of the judgment550,000 yuan, and 736Based on RMB 550,000, the interest will be paid from November 30, 2018 to the date of actual payment, calculated according to the one-year loan market** interest rate announced by the Interbank Lending Center authorized by the People's Bank of China. If the obligation to pay money is not fulfilled within the period specified in this judgment, the interest on the debt for the period of delayed performance shall be doubled in accordance with article 260 of the Civil Procedure Law of the People's Republic of China. Case Acceptance Fee 6760,000 yuan, borne by Tianyi Longxing.
It is worth noting that on November 15, 2023, *ST Xifa and Luo Xi, the actual controller of the company, received the "Notice of Case Filing", and the China Securities Regulatory Commission decided to file a case against the company and the actual controller due to suspected violations of information disclosure laws and regulations.
In this regard, Yu Jun, a lawyer at Sichuan Dingzhong Law Firm, told Radar Finance that according to the ** Law and relevant regulations, if the misconduct of a listed company causes losses to investors, the injured investors can protect their own rights and interests. Investors who are ***ST Xifa** before November 16, 2023, and still hold *ST Xifa** on November 16, 2023**, can pass the official account"Let's help"(Lei Zhu Code: 66) to sign up and participate in the claim for free. There are no fees until you receive the claim.
Tianyan check shows that *ST Xifa has participated in bidding projects 23 times; In terms of intellectual property rights, there are 5 pieces of trademark information.