But the problem is that the exception to the legal person personality denial system is easy to say, but very difficult to implement.
Because this requires a very complicated legal procedure to determine that the shareholders are conducting illegal activities through the LLC, rather than the LLC itself being poorly managed.
This provision is rarely applied in real-life situations and is basically unfeasible, so there is a reason why it is ignored by most lawyers.
Judging from Jin Dazhuang's 20 years of experience in the industry, he only managed to win once, but both parties spent too much effort, and in the end the gains outweighed the losses.
Therefore, Jin Dazhuang was stunned for a moment, and then immediately said with a serious face: "Okay, you first prove that my client intends to engage in illegal activities through reaching industry, and then go to court to sue and see what the judge decides!"
Zhang Baochen said quickly: "I have never done this, I can swear! I don't even know what Dacheng Industrial does, and I have never interfered in its management!"
"Did you hear that?" Jin Dazhuang sneered, "Don't think you can point fingers in front of me just because you know some legal provisions. If you have the guts, go ahead and file a lawsuit!"
Gu Nianzhi smiled, took out a pile of blue-tagged materials and placed them in front of Jin Dazhuang.
"Lawyer Jin, please look at this. This is the contract to conclude several military supplies business between the industry and the military."
"Here are the serious losses caused by the products supplied by the company in the training of troops."
"Here is the conclusion reached after an investigation by a third-party independent expert. Tasha Industrial has consciously shoddy goods in its supply, enriched its own pockets, and made inappropriately huge profits from the military supply business, causing harm to soldiers and harming our country's security." Safety creates hidden dangers.”
Jin Dazhuang's face suddenly turned as white as paper. He took the materials provided by Gu Nianzhi, opened them one by one, and quickly checked the ins and outs.
"That's all, it can't be said that my client has violated the law." Jin Dazhuang looked at it for a long time and then said bravely: "Speaking of substandard goods is too subjective. If you go to court, I won't believe it. The judge will determine that my client has violated the law."
"Really?" Gu Nianzhi smiled and took out the materials provided by Huo Shaoheng. This was the most important evidence.
"Then what do you think of this?" Gu Nianzhi handed it to Jin Dazhuang, "Shareholders Zhao Da, Zhang Feng and Zhang Baochen of Dacheng Industrial have successively transferred the company's cash to private accounts through various means in the past two years. At the same time, in Italy A shell company was set up to launder money through transfers from Tahit Industrial’s bank account.”
Jin Dazhuang suddenly slumped down on the chair and let out a long breath.
If the previous evidence is provided, he can still make a strong argument, and he is 70% sure that the court will favor Zhang Baochen.
But the evidence that Gu Nianzhi threw out in the end could not be cleared away no matter what.
If you really file a lawsuit, the court will look at the evidence of money laundering and will definitely determine that the shareholders of Dacheng Industrial used the LLC to engage in illegal activities to make money.
When the crime is proven, not only will you have to lose your fortune and pay compensation, but you will also have to go to jail...
Jin Dazhuang swallowed hard and looked at Gu Nianzhi with dull eyes: "... What if we choose to reconcile?"
"It's very simple, just sign this." Gu Nianzhi smiled and pushed the asset survey form over again, "Then all the real estate auctions on this survey form and all the cash in the bank account will be returned to the military department. I will Please plead with the military not to prosecute your client.”
Jin Dazhuang nodded with a pale face: "Okay, I agree."
Zhang Baochen was immediately shocked. He jumped up, pointed at Jin Dazhuang's nose and cursed: "Did you take the wrong medicine?! You are my lawyer! Why do you just listen to what she says?! These properties are mine! Mine! Why should I pay off the debts of that lousy company? I don’t even know what debts they owe!"
Gu Nianzhi lowered his head and rummaged through his own materials, found a copy of the document signed by Zhang Baochen, and pushed it to the other end of the conference table.
"Mr. Zhang, take a look for yourself. This document has your signature and fingerprints."
"What document?" Zhang Baochen took it inexplicably, opened it and looked at it, and immediately jumped up and shouted: "This, this, this... I don't remember that I have signed such a document!"
This document is a power of attorney, authorizing Da Da Industrial to open a branch in Italy. The only purpose of that branch is to evade domestic audits and remit most of the property of the two companies abroad for money laundering.
"It doesn't matter if you don't remember. Just make sure it's your autograph and the fingerprint here is your fingerprint." Gu Nianzhi said lightly, "The law only recognizes evidence, what do you think in your heart? It has nothing to do with this case."
Zhang Baochen's hands were trembling and the corners of his mouth were twitching. He actually remembered that his wife brought it to him to sign. She said it was related to Reach Industrial, so he signed...
I didn’t expect it to be a trap!
Zhang Baochen was so angry that he threw the document on the table and said angrily: "My wife asked me to sign this! I have no idea what happened! How can you blame me for this?"
"Mr. Zhang, you are an adult and you have to be responsible for your words and deeds. How can you shirk responsibility by saying you don't know? Are you stupid and can you still be reasonable?" Gu Nianzhi resisted the urge to roll his eyes and ignored Zhang Baochen. .
"Lawyer Jin, do you understand now?" Gu Nianzhi chose to communicate with Jin Dazhuang, "The Audit Office of the Military Ministry said that Taichung Industrial was 'insolvent' and asked them to repay with private property to give the chief face. In order to achieve the great success of Industrial The shareholders, Mr. Zhao and Ms. Zhang, intentionally defrauded the military. Not only did they have to spit out the illegal profits they had made, but the military also had to go to court. Even if they declared the company bankrupt, it would be useless. Not only would they lose everything, but Going to jail.”
This is a criminal act and you must bear legal responsibility. It does not mean that you are exempt from liability as a shareholder.
Only then did Zhang Baochen understand. He pulled Jin Dazhuang and said nervously: "Lawyer Jin, I don't want to go to jail! I don't want to go to jail! Help me fight the lawsuit! I'll give you whatever money you have!"
As long as he doesn't go to jail, it doesn't matter if he loses everything.
Gu Nianzhi sneered and pushed the asset survey form again: "Mr. Zhang, you'd better sign it. According to your shares, your share of the military's 5.3 billion losses is 265 million. Put the assets in your name All the properties are sold, plus your bank balance, and that’s pretty much it.”
Jin Dazhuang sighed and advised Zhang Baochen: "You have no other choice, just do what Miss Care says. You will definitely not go to jail."
Because Zhang Baochen held a small share and was not involved in the company's operations, he only had to spit out the dividends he had received in the past.
The military will not go after a small shareholder.
Their main targets of accountability are Zhao Da and Zhang Feng.
Zhao Da looked pale when he heard this, and finally couldn't help but call Zhang Baochen: "Baochen, don't you go and beg the chief? Isn't he going to marry your mother?"
Zhang Baochen suddenly turned around and said, "Shut up! It's nothing! Don't talk nonsense!"
As soon as Zhao Da heard this, he understood that the marriage was about to get dirty, and his face became even more ugly. His hands gradually became harder, and he almost dug a hole in the leather cover of the sofa.
"As long as I pay back the money, I really don't have to go to jail?!" Zhang Baochen ignored Zhao Da. He turned and looked at Jin Dazhuang, his eyes almost bulging out. "Lawyer Jin, can you guarantee it?"
Jin Dazhuang looked at Gu Nianzhi: "Miss Gu, if my client pays the money, can the military department give my client a liability exemption letter?"
That way he won't be charged.
Gu Nianzhi nodded affirmatively: "Absolutely, as long as you make up the money, I will apply for him to be exempted from liability."
Zhang Baochen took a deep breath and said to Jin Dazhuang: "Then please help Lawyer Jin calculate all my property."
Gu Nianzhi curled her lips and secretly thought that Zhang Feng was really good at making money. She was already a rich woman and had given her son a huge sum of money...
But if you eat something that doesn't belong to you, you will definitely vomit it out.
Zhang Baochen picked up the pen and signed the asset survey form. He also signed the authorization letter agreeing to auction the property.
Gu Nianzhi collected the documents and forms signed by Zhang Baochen, put them in his briefcase, stood up and left.
She and Zhao Liangze came out of the door of Junlin Law Firm and stood at the elevator door, chatting quietly, waiting for the elevator to come up.
Not long after, the elevator dinged and the elevator door opened. He Zhichu appeared in front of them wearing a half-length camel cashmere coat and standing tall.
He subconsciously took a step back.
This was the first time she and He Zhichu had met since the last conflict at his house.
She was a little embarrassed.
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This is the second update.
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mwah!
O(∩_∩)O. (To be continued.)