Grassroots lawyers also have spring
Chapter 569
Chapter 569
"Restrict high consumption? What do you mean?" Li Bo asked puzzledly while standing by the side of the road.
"Restricting high consumption, also known as high limit. It is a measure to rectify Lao Lai that has been implemented since October [-], [-]. Its full name is "Several Provisions of the Supreme People's Court on Restricting High Consumption of Persons Subject to Execution" .
If the person subject to enforcement is a natural person, after being restricted from high consumption, he shall not use his own property to pay the following expenses, in other words, he shall not enjoy the following treatment:
([-]) When taking transportation, choose the second-class or above class of aircraft, train soft sleeper, and ship;
([-]) High consumption in hotels, hotels, nightclubs, golf courses and other places above the stars;
([-]) Purchasing real estate or building, expanding, or high-end decoration houses;
([-]) Lease high-end office buildings, hotels, apartments and other places for office work;
([-]) Purchase vehicles not necessary for business operations;
([-]) Travel and vacation;
([-]) Children attending high-fee private schools;
([-]) Paying high premiums to purchase insurance wealth management products;
([-]) Other high-consumption behaviors that are not necessary for life and work.
If the person subject to enforcement is a unit, after the high consumption is restricted, the person subject to enforcement, his legal representative, the main person in charge, and the directly responsible personnel who affect the performance of the debt are prohibited from using the property of the unit to implement the above-mentioned acts. "Wang Chuan took out a copy of the Supreme Court's regulations and handed it to Li Bodao.
"If the other party is squatting in the ravine and can't come out, and he has no other property, is there nothing he can do?" Li Bo asked suddenly after seeing it.
"Uh... You have to understand that the debtor is also a human being, and basic needs such as eating, drinking and drinking can't be restricted, so if the other party really digs into a ravine and lives a farming life, I'm afraid the debt will be suspended!
But the other party is only in his 20s and has been in this colorful world for a long time. Do you think he will squat in the mountains forever?If he has that much perseverance, he won't make money doing something!What do you say? "Wang Chuan asked back.
"Well, what you said makes sense. Okay, I'll go back first, and you can tell me when the case comes to fruition." After speaking, Li Bo walked to the bus station and left by bus.
Wang Chuan looked at the direction the bus was leaving, and sighed: "Money is hard to earn and shit is hard to eat these days. People who don't know the basics don't lend money in the end! It's too difficult to ask for money!"
A week after the trial of Li Bo's case, Ah Zi called Wang Chuan and asked him to come to a meeting, and the matter of investing in Gao Jun Company was almost finished.In the afternoon, Wang Chuan drove to the investment company.
"Mr. Chen, has your investment company changed its name? I remember it wasn't called this name before?" Wang Chuan walked into the conference room and said with a smile.
"Lawyer Wen, look, I told you that your boss doesn't care about the investment company's business, and he's throwing it all at you. You still don't believe it. It's been almost a month since our company changed its name before he knew about it." Ah Zi dissatisfied.
"Really? It's been a month? Did you change your name at the last meeting?" Wang Chuan was surprised.
The number of times he came to invest in the company was limited, and every time he came and went in a hurry, he didn't notice the name change at all.Today, he also discovered that the front desk had changed, and only then did he notice that the company logo and name on the wall had changed.
"It was changed last time, but you haven't paid much attention to it." Wen Yu covered her mouth and smiled.
"Well, Boda Investment, the name is also very good. It is easy to be understood as an affiliated company of Boda Education. Boda Education now does a lot of advertisements. It is everywhere on the subway and on the street. It is quite well-known. Tall." Wang Chuan said.
"That's right! Our annual advertising fee of millions is not in vain. Lawyer Wen, everyone is here, let's get down to business." Ah Zi said.
"Mr. Chen, Wang Lv, according to the previous legal due diligence and the due diligence report issued by a third-party accounting firm, the total net assets of Yuanda Company are now more than 300 million yuan. The creditor's rights to that state-owned oil company are Thirty-three million yuan.
After a week of negotiations, Mr. Gao agreed that Wang Lvhe and the investment company's funds should be invested in the company in the form of capital increase and share expansion.Wang Lv invested 900 million yuan, and Wang Lv will hold 15.00% of the equity after the investment is completed; Boda Investment invested 760 million yuan, and will hold 12.00% of the company's equity after the investment is completed. " Wen Yu said.
Previously, Wang Chuan helped Gao Jun entertain Guo Yuanshan and asked for 3000 million back. Because Wang Chuan was drunk and was taken to the hospital for gastric lavage, which delayed the signing of the entrustment agreement.
Later, Gao Jun proposed to use the lawyer's fees to transfer the shares. Wen Yu, out of compliance considerations and in order to avoid excessive tax burdens, suggested that Wang Chuan and Mr. Chen sign an agreement in private, using Mr. Chen's investment company and Gao Jun's Yuanda Company A service fee of 900 million yuan will be charged for signing the service agreement, and the agreed invoice fee will be borne by Yuanda Technology.
Anyway, Mr. Chen’s investment company is investing and it’s not yet the harvest season. The financial statements are all cost expenditures, and the income is very little. The 900 million service fees have been recorded. It is reasonable and reasonable that the company’s finances will still be in a loss at the end of the year.Ah Zi readily agreed.
Therefore, Wen Yu said that Wang Chuan's 15.00% shareholding is internal distribution, not the shareholding ratio on the surface. On the surface, Boda Investment holds 20.00% of Yuanda Technology's shares, and Gao Jun is still the major shareholder.
"We can appoint a director to the company, there are three board members, Mr. Gao has two seats, and we have one seat.
In addition, the purchase of debt is a bit troublesome. Mr. Gao disagrees. He means that he will use two years to reduce the proportion of business to state-owned enterprises as soon as possible.Then sue the other party to get back the owed money.
Mr. Gao proposed to use creditor's rights as collateral for financing, that is, debt receivable financing.I personally think that the debtor is a state-owned oil company with strong profitability and relatively guaranteed. The financing amount I initially negotiated with Mr. Gao is 240 million, that is, the mortgage rate is 12.00% off, and the loan period is two years.The annualized interest rate (simple interest) of the loan is calculated at [-]%.
Mr. Chen and Wang Lu, this is the latest negotiation result. " Wen Yu said.
While listening to Wen Yu's report, Ah Zi kept tapping the calculator with her fingers: "Well, the total is 3000 million, not exceeding the budget, and most of the investment is debt rather than equity. This 'stock plus debt' model is quite good.
In addition, even if the annualized rate is 12.00%, there is still some money to be made. Everyone has interests to share, and I think it can be done. "
After finishing speaking, Ah Zi turned to look at Wang Chuan.
Wang Chuan understands what Azi means. Doing business requires mutual benefit for both parties. Take this debt financing as an example. The annualized interest rate of private financing at this time is very high, with 20.00% or more everywhere, and the company is profitable. The poorer the ability, the higher the financing cost. On the contrary, the lower the financing cost. It is understandable that capital is profit-seeking.
Under such circumstances, the cost of financing for a small company like Yuanda Technology is extremely high, so the annualized interest rate of 12.00% is already quite good for Yuanda Technology, and it is completely acceptable.
(End of this chapter)
"Restrict high consumption? What do you mean?" Li Bo asked puzzledly while standing by the side of the road.
"Restricting high consumption, also known as high limit. It is a measure to rectify Lao Lai that has been implemented since October [-], [-]. Its full name is "Several Provisions of the Supreme People's Court on Restricting High Consumption of Persons Subject to Execution" .
If the person subject to enforcement is a natural person, after being restricted from high consumption, he shall not use his own property to pay the following expenses, in other words, he shall not enjoy the following treatment:
([-]) When taking transportation, choose the second-class or above class of aircraft, train soft sleeper, and ship;
([-]) High consumption in hotels, hotels, nightclubs, golf courses and other places above the stars;
([-]) Purchasing real estate or building, expanding, or high-end decoration houses;
([-]) Lease high-end office buildings, hotels, apartments and other places for office work;
([-]) Purchase vehicles not necessary for business operations;
([-]) Travel and vacation;
([-]) Children attending high-fee private schools;
([-]) Paying high premiums to purchase insurance wealth management products;
([-]) Other high-consumption behaviors that are not necessary for life and work.
If the person subject to enforcement is a unit, after the high consumption is restricted, the person subject to enforcement, his legal representative, the main person in charge, and the directly responsible personnel who affect the performance of the debt are prohibited from using the property of the unit to implement the above-mentioned acts. "Wang Chuan took out a copy of the Supreme Court's regulations and handed it to Li Bodao.
"If the other party is squatting in the ravine and can't come out, and he has no other property, is there nothing he can do?" Li Bo asked suddenly after seeing it.
"Uh... You have to understand that the debtor is also a human being, and basic needs such as eating, drinking and drinking can't be restricted, so if the other party really digs into a ravine and lives a farming life, I'm afraid the debt will be suspended!
But the other party is only in his 20s and has been in this colorful world for a long time. Do you think he will squat in the mountains forever?If he has that much perseverance, he won't make money doing something!What do you say? "Wang Chuan asked back.
"Well, what you said makes sense. Okay, I'll go back first, and you can tell me when the case comes to fruition." After speaking, Li Bo walked to the bus station and left by bus.
Wang Chuan looked at the direction the bus was leaving, and sighed: "Money is hard to earn and shit is hard to eat these days. People who don't know the basics don't lend money in the end! It's too difficult to ask for money!"
A week after the trial of Li Bo's case, Ah Zi called Wang Chuan and asked him to come to a meeting, and the matter of investing in Gao Jun Company was almost finished.In the afternoon, Wang Chuan drove to the investment company.
"Mr. Chen, has your investment company changed its name? I remember it wasn't called this name before?" Wang Chuan walked into the conference room and said with a smile.
"Lawyer Wen, look, I told you that your boss doesn't care about the investment company's business, and he's throwing it all at you. You still don't believe it. It's been almost a month since our company changed its name before he knew about it." Ah Zi dissatisfied.
"Really? It's been a month? Did you change your name at the last meeting?" Wang Chuan was surprised.
The number of times he came to invest in the company was limited, and every time he came and went in a hurry, he didn't notice the name change at all.Today, he also discovered that the front desk had changed, and only then did he notice that the company logo and name on the wall had changed.
"It was changed last time, but you haven't paid much attention to it." Wen Yu covered her mouth and smiled.
"Well, Boda Investment, the name is also very good. It is easy to be understood as an affiliated company of Boda Education. Boda Education now does a lot of advertisements. It is everywhere on the subway and on the street. It is quite well-known. Tall." Wang Chuan said.
"That's right! Our annual advertising fee of millions is not in vain. Lawyer Wen, everyone is here, let's get down to business." Ah Zi said.
"Mr. Chen, Wang Lv, according to the previous legal due diligence and the due diligence report issued by a third-party accounting firm, the total net assets of Yuanda Company are now more than 300 million yuan. The creditor's rights to that state-owned oil company are Thirty-three million yuan.
After a week of negotiations, Mr. Gao agreed that Wang Lvhe and the investment company's funds should be invested in the company in the form of capital increase and share expansion.Wang Lv invested 900 million yuan, and Wang Lv will hold 15.00% of the equity after the investment is completed; Boda Investment invested 760 million yuan, and will hold 12.00% of the company's equity after the investment is completed. " Wen Yu said.
Previously, Wang Chuan helped Gao Jun entertain Guo Yuanshan and asked for 3000 million back. Because Wang Chuan was drunk and was taken to the hospital for gastric lavage, which delayed the signing of the entrustment agreement.
Later, Gao Jun proposed to use the lawyer's fees to transfer the shares. Wen Yu, out of compliance considerations and in order to avoid excessive tax burdens, suggested that Wang Chuan and Mr. Chen sign an agreement in private, using Mr. Chen's investment company and Gao Jun's Yuanda Company A service fee of 900 million yuan will be charged for signing the service agreement, and the agreed invoice fee will be borne by Yuanda Technology.
Anyway, Mr. Chen’s investment company is investing and it’s not yet the harvest season. The financial statements are all cost expenditures, and the income is very little. The 900 million service fees have been recorded. It is reasonable and reasonable that the company’s finances will still be in a loss at the end of the year.Ah Zi readily agreed.
Therefore, Wen Yu said that Wang Chuan's 15.00% shareholding is internal distribution, not the shareholding ratio on the surface. On the surface, Boda Investment holds 20.00% of Yuanda Technology's shares, and Gao Jun is still the major shareholder.
"We can appoint a director to the company, there are three board members, Mr. Gao has two seats, and we have one seat.
In addition, the purchase of debt is a bit troublesome. Mr. Gao disagrees. He means that he will use two years to reduce the proportion of business to state-owned enterprises as soon as possible.Then sue the other party to get back the owed money.
Mr. Gao proposed to use creditor's rights as collateral for financing, that is, debt receivable financing.I personally think that the debtor is a state-owned oil company with strong profitability and relatively guaranteed. The financing amount I initially negotiated with Mr. Gao is 240 million, that is, the mortgage rate is 12.00% off, and the loan period is two years.The annualized interest rate (simple interest) of the loan is calculated at [-]%.
Mr. Chen and Wang Lu, this is the latest negotiation result. " Wen Yu said.
While listening to Wen Yu's report, Ah Zi kept tapping the calculator with her fingers: "Well, the total is 3000 million, not exceeding the budget, and most of the investment is debt rather than equity. This 'stock plus debt' model is quite good.
In addition, even if the annualized rate is 12.00%, there is still some money to be made. Everyone has interests to share, and I think it can be done. "
After finishing speaking, Ah Zi turned to look at Wang Chuan.
Wang Chuan understands what Azi means. Doing business requires mutual benefit for both parties. Take this debt financing as an example. The annualized interest rate of private financing at this time is very high, with 20.00% or more everywhere, and the company is profitable. The poorer the ability, the higher the financing cost. On the contrary, the lower the financing cost. It is understandable that capital is profit-seeking.
Under such circumstances, the cost of financing for a small company like Yuanda Technology is extremely high, so the annualized interest rate of 12.00% is already quite good for Yuanda Technology, and it is completely acceptable.
(End of this chapter)
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