"Mr. He, Mr. He..."

Gao Ganwen's cautious call woke He Ming from his dazed state.

After all, he was a person who had gone through the incident. With this moment of buffering, he regained his composure and stared at Lin Baiyao like a vulture, as if he wanted to devour the young man clean.

"Brother Lin... No, Mr. Lin, what a good method, He Mou admires him greatly!"

Since Lin Baiyao decided to overturn the table, he was ready for all kinds of crazy revenge from He Ming. He smiled and said: "Mr. He, there is an old saying, have you heard of it? When friends come, there is good wine, and when enemies come, there are shotguns.

If you sincerely invest and contribute to the future of Xingsheng, Mr. Zhao and I will naturally welcome you with both hands. But if you just want to pick peaches, grab a handful and leave, regardless of the life and death of your partners... Then I'm sorry, you

Must be out!"

He Ming laughed loudly and said: "Let me out? Gao Ganwen, come and tell Mr. Zhao and Mr. He, can they remove me from the shareholders' meeting?"

Gao Ganwen can be trusted and reused by He Ming. He is definitely not a fool. Moreover, he and He Ming have joined forces and have taken over several companies. They are quite familiar with the twists and turns. He said: "There is no provision in the "Company Law" that allows

You have the right to remove a shareholder from the shareholders' meeting without authorization."

Zhao Hede really doesn't know much about the "Company Law", or how many business owners these days know the "Company Law"?

Over the past ninety years, many grassroots companies have grown wildly and can achieve sales of hundreds of millions or billions in two or three years.

Not to mention full-time legal affairs, the family's brother-in-law and sister-in-law are in charge of finance. This kind of chaotic management state even Qi Liang Shijie, who is least good at management, is in awe.

Anyway, all the arrangements today were controlled by Lin Baiyao. Zhao Hede just cooperated and turned to look over, hoping to hear a strong and well-founded rebuttal from his mouth.

Lin Baiyao did not respond to Zhao Hede's concerns because he knew what Gao Ganwen said was right.

According to the current Company Law, it is indeed impossible to remove He Ming.

The Supreme People’s Court’s judicial interpretation of the “Provisions on Certain Issues of the Company Law (3)” was officially adopted and implemented eleven years later, in 2010.

(3) clearly stipulates that for shareholders who fail to fulfill their capital contribution obligations or withdraw funds, the company can pass a resolution of the shareholders' general meeting to forcibly remove the shareholder without seeking the consent of the removed shareholder.

But before that, the shareholder removal system was still in a legal blank period.

In other words, as long as He Ming is willing to hold shares, there is no way to use the Company Law to remove him through legitimate channels.

However, this was only the first move in today's confrontation. Taking advantage of the chaos caused by the reversal, he quickly passed a vote in an attempt to get He Ming to accept the fait accompli.

Lin Baiyao would not be so naive as to think that He Ming would admit defeat so easily.

If you are poor, you will change; if you change, you will be successful.

If the first move fails, it doesn't matter, there is a second move.

Just as there is no road ahead but the road back, and there is no road ahead but the road is dry, all roads can lead to the final destination.

Since legitimate channels are not possible, then unfair means will be used to force He Ming to withdraw his shares voluntarily!

Lin Baiyao stood up and walked to the door, opened the door of the conference room and said, "Come in."

Pei Buyu, who was waiting outside the door, pushed the door open with a thick folder in his arms, followed Lin Baiyao like a shadow, and calmly took his seat.

“First of all, please clarify one fact; the crime of evading capital is a criminal act! According to Article 159 of the Criminal Law, if the amount of capital evaded is huge and serious consequences are caused, he shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also or solely be fined 100% of the amount of evaded capital.

A fine of not less than 2% but not more than 10%.”

This may be the first time since He Ming started doing business that someone told him that he would be held criminally responsible.

His anger was stagnant to the extreme, but there was no clue. He Ming said calmly: "Mr. Lin, you are scaring me, I am really scared..."

Lin Baiyao ignored him and signaled Pei Buyu to continue.

Pei Buyu took out a document, placed it in the middle of the conference table, and said: "Since it is a criminal act, according to Article 15 of the relevant articles of association of Xingsheng Culture and Entertainment Company, the shareholders' meeting has the right to vote on any illegal or criminal acts."

Shareholders with bad behavior should be removed from their names in order to safeguard the company’s reputation.”

Gao Ganwen had just joined the company three days ago. He didn't know that this provision was included in the company's articles of association. He grabbed the document and opened it. It was exactly what Pei Buyu said.

He secretly complained to He Ming, why do you think you signed such a binding articles of association?

General resolutions of a limited liability company require the approval of more than half of the shareholders, special resolutions require the approval of two-thirds of the shareholders, and the company's articles of association are one of the very few resolutions that require the approval of all shareholders.

If He Ming does not sign, the company's articles of association will not be approved when the industrial and commercial registration is changed.

But the problem is that when He Ming increased capital and took shares, he didn't care at all about the articles of association.

He is a giant crocodile. There is no difference between eating big fish and eating shrimps, so there is no need to waste too much energy.

As long as he enters the shareholders' meeting, takes over shares, uses deception, abduction, coercion and inducement, he will find a way to become the controlling shareholder sooner or later. He doesn't read a word of the company's articles of association.

Unexpectedly, Lin Baiyao tried his best to set up a trap and charged He Ming with evading investment, and actually planned to use the company's articles of association to drive him out.

Gao Ganwen threw the document to the ground fiercely and said: "The Company Law does not have such provisions. Relying solely on the company's articles of association cannot do anything."

Pei Buyu was as steady as an old dog and answered without thinking: "The provisions of the "Company Law" are divided into mandatory provisions and arbitrary provisions. If the provisions of the mandatory provisions, the company's articles of association and the "Company Law" conflict, the "Company Law"

The Company Law shall prevail. Arbitrary provisions are allowed that are inconsistent with the provisions of the Company Law. Article 15 of the Articles of Association of Xingsheng Culture and Entertainment Company is based on the principles of fairness and safeguarding the interests of the company and does not involve harming the interests of other third parties.

, does not involve the interests of vulnerable parties, should be regarded as arbitrary regulations, and does not violate the Company Law. Even if a lawsuit is filed, it will definitely be supported by the court."

Gao Ganwen was only proficient in finance and had little knowledge of "Company Law". Seeing Pei Buyu's fluent answers, cold sweat broke out on his back, and he said with force: "Then you go to the court and give it a try..."

He Ming saw that the high-ranking official was so incompetent that he was defeated in the ring after only three rounds. He wanted to kick him to death. Why did he raise such a bunch of losers?

Seeing He Ming's gloomy face, Gao Ganwen felt nervous and suddenly had a quick wit, saying: "Besides, the court is not your home, and it is not what you say. How to characterize the withdrawal of capital? Mr. He did not withdraw the full capital, and you did not give any reasonable compensation."

The recovery deadline has been set, and the internal rescue obligations have not been fulfilled to the maximum extent. Which court dares to determine this?"

He Ming's eyes lit up, and he glared at Gao Ganwen angrily. If I don't force you to do anything, you don't know how high your IQ is, right?

Gao Ganwen was also aggrieved. He was not a legal practitioner, so it was extremely difficult for him to remember this.

"unnecessary!"

Pei Buyu's unique temperament would give his opponents an unimaginable sense of oppression in this situation. He said, "Maybe you don't know that this large conference room is equipped with a full set of high-definition video recording systems. Just now, Mr. He personally admitted that he deliberately evaded funds. You

Several of the listed conditions no longer apply to this case."

At this time, Gao Ganwen had nothing to say. He could only repeat what he said before and said: "The court is not your home. It depends on whether the judge thinks it is applicable..."

Pei Buyu said nothing.

She has defeated her opponent.

Seeing that legal principles could not prevail, He Ming began to put private power above public power and directly called an acquaintance in the court system.

Zhao Hede looked at Lin Baiyao worriedly, and Lin Baiyao gently waved his hand to ask him to calm down.

After a short two minutes, He Ming hung up the phone and said with a smile: "Mr. Lin, I almost got fooled by you. Isn't it just five million? I will return the money to the company's basic account immediately? It doesn't count as an escape investment..."

Lin Baiyao smiled, as if he had expected He Ming's reaction, and said: "If it does not count the withdrawal of capital, the Company Law does not apply. If you are not stupid, what should we do?"

"If the "Company Law" does not apply, then the "Contract Law" will apply. Without the permission of the shareholders' meeting, He Ming colluded with Senior Vice President of Finance Gao Ganwen to misappropriate funds belonging to the company to companies that had no business dealings with the company but were related to him.

, constitutes a fundamental breach of contract. According to Article 97 of the Contract Law, the company has the right to terminate the contract with He Ming, He Ming returns the equity to the company in accordance with the law, and the company returns the capital contribution to He Ming in accordance with the law."

This time, let alone Gao Ganwen, He Ming was also confused.

Can you still play like this?

Isn’t it amazing to know the law?

Pei Buyu explained: "Shareholders' agreement also falls within the scope of the Contract Law..."

This is the third move!

It’s really amazing to understand the law!

He Ming's blood pressure soared and he looked at Gao Ganwen again. Gao Ganwen lowered his head in fear, not daring to look at him.

"Lecturing?"

He Ming suddenly thought about it. If the law was effective, how could a person like him be like a fish in water and live happily for so many years?

"I have never heard of a shareholder being unwilling to withdraw, and other shareholders can remove the person... Let me tell you, if I return the five million, it will be my responsibility no matter what. Who can make me out? I'm dreaming!"

Lin Baiyao shook his head and said: "Mr. He, you are a decent person, and I want to save you some dignity. But if you don't want dignity, then I can only deny you dignity."

After an impromptu rap, he finally used his most powerful move tonight.

"You want to return five million, yes. But after this return, I will nail the money. Starting from tomorrow, Xingsheng will continue to introduce new investors and dilute the shares. The first round of dilution is 30%, Mr. Zhao

There is 31.5% left, I have 17.5% left, and you only have 21% left.”

He Ming's face changed drastically.

He saw through Lin Baiyao's sinister intentions.

"If you don't withdraw, it will be diluted by 30% in the second round, and so on, until your shares are diluted to single digits, or even decimal points... Yes, that's what you think, most of these investors are

Mr. Zhao and my related companies or individuals are just left to the right, and you are the only one who is really hurt."

"fart!"

He Ming was a little panicked and said: "I have the right to give priority to purchase new shares in proportion to Shiyao's capital contribution..."

"Sorry, you didn't!"

Pei Buyu's voice sounded so harsh to He Ming that he wanted to pull out her tongue and said: "Article 35 of the "Company Law" stipulates that when a company increases its registered capital, shareholders have the right to contribute according to the actual invitation.

Proportional priority for capital contribution. However, this is excepted if all shareholders agree not to receive dividends in accordance with the proportion of capital contribution or to give priority to capital contribution according to the proportion of capital contribution. This is the arbitrary provision mentioned before. "
To be continued...