Monday , October 25 2021

Lawyer: Although the settlement of the bankruptcy, the liquidation of the user deposit is difficult to repel – IT and transport


On December 19, Dai Wei, the creator of the small yellow car crisis, gave a full letter that the company had carried out all year round, as it could be a final verdict on the end of the year's campaign at the end of the year. Huge cash flow pressure.

Above all, in the last six months, the pressure on cash and the media has not made any effort. It is imperative that the company seeks financing and that the results are not reimbursable for certain deposits and suppliers to cut and use the operations that I counted several times. Breakdowns, even when the company is dismantled, bankruptcy request. The user's deposit will be refunded, the provider's deferrals will be paid and the company's operations will be maintained. There will be three dollars in three dollars.

"I hope all people agree and firmly believe that they will not escape, they will be very brave, be responsible for each penny and be responsible for each user that accepts us." He said in the middle.

At 20:37, on December 18, it exceeded the number of users who had retired for 10 months. If 99 yuan / person is calculated, the conservative estimate must return to a total deposit of around 1,800 million yuan, but if 199 yuan / person is calculated, it will return to almost two million yuan.

Nowadays, this number is growing. At the same time, many users have chosen to go to the theo's headquarters, ask for offline feedback, and there are thousands of people in the scene.

On December 17, Theo Xiaohuang announced his car in his official micro-announcement: "The online refund request was submitted by the user to review and collect the request submitted by the request. After the verification, the user will enter the refund deposit, Sequence will be refundable, user registration companies If visited, we will collect the collected information in the online deposit reimbursement sequence in chronological order, if the registered user below the cable has started the reimbursement application, depending on the previous row info. "

This means that users do not have the advantage of reimbursement of preferential deposits when online is accessed online, but this does not withdraw from the site, while the number of online reimbursement deposits also occurs.

Some users have notified the new technologies they have submitted an ad deposit and they will still be refunded.

At this time, the user is not thinking about returning the deposit and depositing the deposit back. Are some users worried that they will be suspended and their rights guaranteed? These questions helped Huang Zhiguo, Xiaoming bicycles in the Dacheng Law Firm, and Wu Weiming, Jintiancheng Law Firm. Both lawyers responded from a professional point of view.

All weather technology: nowadays, more than 10 million users have been left to request a refund of the deposit. If the offer is not returned, how do users protect their rights?

Huang Zhiguo: Theo holds the deposit. The deposit is based on the user agreement. According to the agreement, the consumer will return after withdrawal. Because money is not for anybody, it must be a part of the deposit. If not, the consumer may request a refund through court or arbitration, and he will take possession of the property owned and owned by the freezer.

All weather technologies: if the number of pending users in the line is increasing, and can not return the deposit for a long time, what will happen?

Wu Weiming: No money will be returned and the company can not find a debt payment.

All weather technology: Ifo does not return the money, does the shareholder have to pay first or foremost liability?

Huang Zhiguo: In the judicial interpretation of the Supreme Court of Persons, the main principle is that the shareholder of a limited company be liable for its capital contribution. Whether the court shareholders should depend on three factors: first of all, the shareholder attributes the removal of corporate capital or the removal of company interests. Secondly, the shareholder's original share capital is not fully paid and must be renewed in the domain of the subscribers. In the end, the shareholder mixes personal consumption with the company, mixing the corporate identity of two different issues. In these cases, the shareholders must pay, otherwise the shareholder will have limited liability within the capital contribution limit.

Wu Weiming: If there is no personal identity or fraud, the shareholder's personal responsibility does not take part. By company law, shareholder organizations are limited, but shareholders comply with the company's laws and laws. If the deposit in the normal operation of the company is collected and used by the regulations, it is a civil liability, such as repayment or compensation, and is not a criminal liability.

All weather technology: Ifo is finally bankrupt and liquidated, can the user return it to the deposit?

Huang Zhiguo: If the bankruptcy is settled, the deposit of the user will be listed later. The Bankruptcy Act clearly indicates that in the event of a bankruptcy settlement the priority order will be established. The company's liquidation fee, the state tax, the creditor's entitlement, the salaries of employees … is the first thing to return to the final customer's money. Two are paid. The deposit is a ruble not obtained after the settlement order. The Xiaoming bicycle we've been driving is very similar.

All weather technologies: for a user's deposit, if a shared bicycle company is used for other purposes, but not incorrect, is it illegal? If it is illegal, what responsibility does it have to bear?

Huang Zhiguo: The deposit can not be used for other purposes. It's illegal to use it. If forced, the legal responsibility can take three aspects: first, criminal responsibility. I know that mischief proves that the corruption of company assets is suspected of misuse of the company's ownership and funds. However, today's policy helps to develop private companies. The option is relatively small, the second is administrative responsibility, the competent industrial department has formulated the rules for the use of the deposit. If authorized, administrative authorities may punish; The latter is a civil liability, the inappropriate deposit belongs to the user and may be requested by the user. Compensations for civilians.

All weather technology: according to reports, Xiaoming was called for a bicycle failure at that time and the bike was recycled in cash for 12 yuan per vehicle. Details refer to the Xiaoming treatment plan?

Huang Zhiguo: The bicycle Xiaoming considers deposits, centralized reversal and insolvency, and is similar. Its treatment regime is a significant reference: First and foremost, mergers and acquisitions are better; Secondly, assets are granted in time and interest. Party account In short, the core of the user's repository is to solve the problem of cash flow sources, both for the sale of assets and for finding other ways to raise money.

All weather technology: In addition to user repository, it can subtract paid debts. The board of directors of Dai Wei, the shareholder shareholder, is also responsible for what responsibility should they take?

Huang Zhiguo: as a shareholder, Daiwei Group is not responsible, since all contracts are signed by clients and companies. The company's shareholders are limited to the amount of capital contribution. The company is limited by its assets. Responsibility, the moral pressure of Daiwei group is quite high. In order to prove that there is no compulsory evidence to undergo criminal liability, the law gives the client the right to compensation. In this case they also prove that they breach the provisions of civil law.

Ofo is even worse today. On November 28, the founding director and CEO of Dai Wei published a letter: "Winter has come and the snow continues, and in difficult times we must continue our beliefs, while we are still occupying it. We live, while we live, hope! "

"Moon" in the line of millions of people and in line with "rows" like the custom of celestial pride according to his letter: "Do not run away, live straight and be responsible for every penny, responsible for each person that has helped us!" Ofo does not have people never give up! "This is time to check.

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