The disappearing deposit pledge case has made new progress!
Nanjing Nanjing Sciyon Wisdom Technology Group Co.Ltd(002380) Technology Group recently announced that it had recently filed a lawsuit with the people’s Court of Chongchuan District, Nantong City, Jiangsu Province on the dispute over time deposit of Shanghai Pudong Development Bank Co.Ltd(600000) Nantong Branch.
A legal person told the Chinese reporter of the securities firm that according to the principle of “punishment before people”, although the civil lawsuit of Nanjing Sciyon Wisdom Technology Group Co.Ltd(002380) has been accepted, the court has not heard it. “Since the civil case will be based on the trial results of the criminal case, the court will probably reject the prosecution or suspend the trial.” The source pointed out that the lawsuit of Nanjing Sciyon Wisdom Technology Group Co.Ltd(002380) will not affect the investigation results of the public security organs.
According to the information disclosed by both parties, Nanjing Sciyon Wisdom Technology Group Co.Ltd(002380) the civil litigation matters mentioned in the announcement have involved criminal cases, “the public security organ is investigating, and all relevant certificates of deposit have been retrieved and controlled by the public security.” The above legal person further judged that this was also the reason why Nanjing Sciyon Wisdom Technology Group Co.Ltd(002380) relevant deposits could not be cashed normally.
Up to now, Nanjing Sciyon Wisdom Technology Group Co.Ltd(002380) group has issued several risk warning announcements. The announcement shows that the first, second, third and fourth time deposits of the subsidiary Nanjing Nanjing Sciyon Wisdom Technology Group Co.Ltd(002380) Energy Investment Co., Ltd. in Shanghai Pudong Development Bank Co.Ltd(600000) Nantong Branch have not been received due.
one party brings a lawsuit
On January 21, Nanjing Nanjing Sciyon Wisdom Technology Group Co.Ltd(002380) Technology Group issued an announcement on the company’s lawsuit. The announcement said that its wholly-owned subsidiary Nanjing Nanjing Sciyon Wisdom Technology Group Co.Ltd(002380) Energy Investment Co., Ltd. (hereinafter referred to as ” Nanjing Sciyon Wisdom Technology Group Co.Ltd(002380) energy”) recently filed a lawsuit with the people’s Court of Chongchuan District, Nantong City, Jiangsu Province on the case of time deposit dispute with Shanghai Pudong Development Bank Co.Ltd(600000) Nantong Branch, and has received the acceptance notice from the people’s Court of Chongchuan District, Nantong City, Jiangsu Province.
According to the announcement, the Nanjing Sciyon Wisdom Technology Group Co.Ltd(002380) energy court, as the plaintiff, ordered the defendant Shanghai Pudong Development Bank Co.Ltd(600000) Nantong Branch to pay 160 million yuan of deposit and overdue payment interest to it according to law. Of which, the principal is 40 million yuan, which will be paid in accordance with lpr3.1 from November 11, 2021 85% calculated to the date of actual payment; The principal is 120 million yuan, which will be paid in accordance with lpr3.1 from December 10, 2021 85% is calculated to the date of actual payment.
up to now, Nanjing Sciyon Wisdom Technology Group Co.Ltd(002380) group has issued several risk warning announcements. The announcement shows that the first, second, third and fourth time deposits of Nanjing Sciyon Wisdom Technology Group Co.Ltd(002380) energy in Shanghai Pudong Development Bank Co.Ltd(600000) Nantong Branch have not arrived at the account due. For the fourth outstanding deposit due in January this year, Nanjing Sciyon Wisdom Technology Group Co.Ltd(002380) said it had filed another lawsuit with the court and had not been filed as of January 20.
pending investigation by the public security organ
Earlier, Shanghai Pudong Development Bank Co.Ltd(600000) responded to the Chinese reporter of the securities firm that the certificate of deposit involved in Nanjing Sciyon Wisdom Technology Group Co.Ltd(002380) energy pledge in Shanghai Pudong Development Bank Co.Ltd(600000) has been retrieved and controlled by the public security organ according to law. The bank is fully cooperating with the public security organ in the investigation and evidence collection, in order to restore the truth as soon as possible.
A legal person told a Chinese reporter of a securities firm that according to the principle of “punishment before the people”, when the same case involves criminal crimes and civil disputes at the same time, the conduct of civil litigation is based on criminal litigation. If the civil litigation is not filed, it will not be filed. If the case has been filed, the prosecution will be dismissed or the trial will be suspended, and the relevant materials and clues of criminal crimes will be transferred to the public security organ or procuratorial organ.
” Nanjing Sciyon Wisdom Technology Group Co.Ltd(002380) although the civil lawsuit has been accepted, the court has not heard it. Since the civil case will be based on the trial results of criminal cases, the court will probably reject the lawsuit or suspend the trial.” The legal person further said that the lawsuit of Nanjing Sciyon Wisdom Technology Group Co.Ltd(002380) will not affect the investigation results of the public security organ.
According to the information previously disclosed by both parties, Nanjing Sciyon Wisdom Technology Group Co.Ltd(002380) the civil litigation matters mentioned in the announcement have involved criminal cases, “the public security organ is investigating and handling, and all relevant certificates of deposit have been transferred and controlled by the public security.” The above legal person further judged that this was also the reason why Nanjing Sciyon Wisdom Technology Group Co.Ltd(002380) relevant deposits could not be cashed normally.
In addition to the involvement of the police, the regulators also paid close attention to the matter. On December 7, 2021, the person in charge of relevant departments of the China Banking and Insurance Regulatory Commission said that for the case of pledge of acceptance bills by third-party certificates of deposit of individual commercial banks, the China Banking and Insurance Regulatory Commission had dispatched a supervision working group for the first time in the early stage to carry out on-site investigation and supervision, and required the head office of the bank involved to enter the relevant branches simultaneously to carry out comprehensive risk investigation on the relevant bill business.
event review: hundreds of millions of deposits were pledged
On November 15, 2021, Nanjing Sciyon Wisdom Technology Group Co.Ltd(002380) announced that its Nanjing Sciyon Wisdom Technology Group Co.Ltd(002380) energy purchased the fixed deposit of Shanghai Pudong Development Bank Co.Ltd(600000) Nantong Branch with its temporarily idle self owned fund of 40 million yuan on November 10, 2020. The maturity date of the product was November 10, 2021, but as of November 15, Nanjing Sciyon Wisdom Technology Group Co.Ltd(002380) had not received the fund.
Therefore, Nanjing Sciyon Wisdom Technology Group Co.Ltd(002380) inquired with Shanghai Pudong Development Bank Co.Ltd(600000) Nantong Branch and learned that the company’s RMB 40 million time deposit had been used as the pledge guarantee for the bank acceptance bill issued by Nantong Ruihao International Trade Co., Ltd. on the day when it was deposited in Shanghai Pudong Development Bank Co.Ltd(600000) Nantong Branch. At present, due to the failure of Nantong Ruihao International Trade Co., Ltd. to repay the debt on time, the time deposit could not be redeemed in time.
Nanjing Sciyon Wisdom Technology Group Co.Ltd(002380) said that the company had no knowledge of the pledge and had explicitly requested Shanghai Pudong Development Bank Co.Ltd(600000) Nantong Branch to issue effective supporting materials, but as of November 15, 2021, the company had not received any supporting materials issued by Shanghai Pudong Development Bank Co.Ltd(600000) Nantong Branch.
According to the information disclosed by Nanjing Sciyon Wisdom Technology Group Co.Ltd(002380) , the subsidiary of the company deposited eight time deposits in Shanghai Pudong Development Bank Co.Ltd(600000) Nantong Branch, with a total amount of 345 million yuan. Among them, 6 deposits are displayed as “pledged”. Specifically, the first time deposit of RMB 40 million deposited on November 10 last year expired on November 10, 2021, and the amount of bank deposits that have not expired and show the pledged status is RMB 255 million.
market and supervision pay close attention to
After the fermentation of deposit pledge disputes, it has attracted the attention of the market and regulators. In November last year, Nanjing Sciyon Wisdom Technology Group Co.Ltd(002380) issued an announcement on the reply to the letter of concern of the Shenzhen Stock Exchange, which made a public explanation on the previous dispute with Shanghai Pudong Development Bank Co.Ltd(600000) deposit pledge. In the afternoon of that day, Shanghai Pudong Development Bank Co.Ltd(600000) also issued a public statement through the microblog social platform at the same time to respond.
Nanjing Sciyon Wisdom Technology Group Co.Ltd(002380) said that the relevant personnel of the group were unaware of the deposit pledge. “The company has not handled pledge business in Shanghai Pudong Development Bank Co.Ltd(600000) Nantong Branch. As of the date of this announcement, the company has not received any proof materials of pledge procedures provided by Shanghai Pudong Development Bank Co.Ltd(600000) Nantong Branch.
” Nanjing Sciyon Wisdom Technology Group Co.Ltd(002380) announced that at the same time, through self-examination, the company has no relationship or transaction with Nantong Ruihao International Trade Co., Ltd. and Churong (Nantong) material technology Co., Ltd., and has no knowledge of the above bank deposit pledge.
In the letter of concern of Shenzhen Stock Exchange, the regulators asked the annual audit accountant to supplement whether the relevant audit procedures are sufficient, whether the audit evidence obtained is accurate, and whether the disclosure of the pledge status of bank deposits in the company’s 2020 annual report is true and accurate in combination with the reply of the company’s bank deposit confirmation letter at the end of 2020.
In the announcement of the reply to the letter of concern of Nanjing Sciyon Wisdom Technology Group Co.Ltd(002380) , the annual audit accountant said that the business department of Shanghai Pudong Development Bank Co.Ltd(600000) Nantong Branch stamped the “consistent” seal and the seal of the handler “Jia” on each item of the relevant confirmation letter for confirmation. Based on the relevant audit evidence obtained through the implementation of relevant audit procedures, the Institute believes that the disclosure of bank deposit pledge status in the company’s 2020 annual report is true and accurate.
On the same day, Shanghai Pudong Development Bank Co.Ltd(600000) made a public response to the matter. Shanghai Pudong Development said that after verification by the bank, Nanjing Sciyon Wisdom Technology Group Co.Ltd(002380) the “reply to the bank deposit confirmation letter at the end of 2020” received by the annual audit accountant was not issued by the bank. Shanghai Pudong Development Bank Co.Ltd(600000) Nantong Branch has provided relevant evidence to the public security organ for further verification.
In fact, Bohai Bank Nanjing branch also had a dispute with enterprise customers over the pledge of bank acceptance bills by certificates of deposit almost at the same time, involving an amount of 2.8 billion yuan.
On December 7, 2021, the person in charge of relevant departments of the cbcirc said that for the case of pledge of acceptance bills by third-party certificates of deposit of individual commercial banks, the cbcirc had dispatched a supervision working group for the first time in the early stage to carry out on-site investigation and supervision, and required the head Office of the banks involved to enter the relevant branches simultaneously to carry out comprehensive risk investigation on the relevant bill business.
