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September 1,http://zimubbs.njgzx.cn:8086/forum.php?mod=viewthread&tid=797558&fromuid=10878, 2009, 36-year-old public Cui cotton v Shijiazhuang, Hebei Shijiazhuang City Administration (hereinafter referred to as "the Bureau") information disclosure case, in Shijiazhuang Qiaoxi District People's Court.
Cui cotton major lawsuit is to require the Defendant to the Plaintiff Campbell public Shijiazhuang City Trading Co., Ltd. (hereinafter "Campbell Company") is a business registration files.
Since the implementation of the "Regulations on Open Government Information" Last May 1, the people and the business sector in court cases is still relatively small. "Under normal circumstances, the company registration file query is a very simple matter, does not form a lawsuit. Speak on such a simple thing, for me to speak, than be prohibitively difficult." Cui Cotton said.
Case attracted a lot of media attention. "Interview this case, I was holding a double mind: As a reporter, it is my job; but as a people, and maybe someday this thing will fall on his head, so I especially want to know, help Trade and Industry this road, whether it can go through? "one fellow said.
Daughter to inherit his father sued the Bureau of equity
Things from Cui Cotton's father died suddenly talking about the king of broken plate.
Wang broken disk lifetime is the main founder of the Campbell's chairman, the company. Cui Cotton said Campbell was founded in 1994, "From its inception ten years ago, my father has served as chairman of the company is mainly operating in him a man manage."
Cui Cotton also told reporters, Campbell Company size, including his father included, only a few people. First established it, it is the most direct purpose is based on the establishment of a Sino-foreign joint ventures. October 1995, a joint venture in Hebei Jinhua parking service centers (referred to as "Jinhua Center") is set up to do so, Campbell companies accounted for 75% of the shares, accounting for 25 percent of foreign shares. As a representative of a major shareholder, Wang Jinhua broken dish served as chairman of the center, until his death.
Over the years, the company is growing, the king of broken plate flourishing career. Cui cotton that only one in Jinhua Center Building, on the value of several million dollars.
However, a bolt. August 8, 2008, the king of broken plate sudden death due to heart attack.
August 17, the family returned home from his father after a funeral Shijiazhuang, surprised to find that the business license Jinhua center had been changed in early August 14 in the business sector, the chairman changed hands. The original lock the office in his father's closet all the files are gone.
"My father was the founder of Campbell's 80% stake in the company, the other two shareholders did not actually funded, the father sent the dry stock." Cui said Cotton, Campbell Company holds a 75% stake in Jinhua center, and , in accordance with the statute Jinhua, Jinhua, chairman of the center, to be appointed by the Campbell Company. So, inherited his father's shares in Campbell, for their brothers and sisters and his mother a few people, which means huge economic interests, "his father shares, perfectly justified, in line with the law. Lawyer rough estimate, probably several one hundred million yuan."
However, Campbell's other shareholders, but denied that the king has broken dish AG.
How can I prove stake in Campbell's father? His father died, it is impossible to get from Campbell's evidence, then, Cui cotton expect Industry Bureau, "as long as the original registration archives still, look at, not to clear it?"
October 15, 2008, Cui cotton to make inquiries in Shijiazhuang City of Industry, Campbell's archival material application was rejected, but the November 3, Industrial and Commercial Bureau of Shijiazhuang City council authorized subordinate enterprises registered branch in a "stake Description "said," Campbell's "corporate archives" have yet to find. "
June 29, 2009, another heir Wang Zhongxin based on "Open Government Information" to apply again, still unsuccessful.
At this point, a focus on government information disclosure administrative proceedings have been inevitable.
Revoked enterprise information whether the scope of information disclosure?
May 2009, Cui cotton by telephone to participate in the Beijing university public research and support center for assistance. The center has been committed to promoting the disclosure of government information. Director of the Center,nike tn pas cher, Peking University Law School Professor Wang Xixin think Cui cotton suffered very typical, she decided to implement legal aid.
"It is their aid, let me under the court's determination." Cui Cotton said.
Public Participation Center North delegated Liyi Xu lawyer, Wu Xin Dong Cui cotton researcher as an agent. Trial Sept. 1, the two agents from multiple angles argumentation matters Cui cotton application,http://www.foss.lk/comment/profile.php?uid=42, should belong to the Bureau disclosure. And the Trade and Industry Bureau does not expose behavior information, attributed to the "three sins": violation of the "Company Law" Article VI, Article 57, "Company Registration Regulations," Article XIII "Regulations on Open Government Information" Article 26 and other provisions of the law.
In the statement of defense and September 1 of the trial process, Shijiazhuang City, the Bureau also made a number of reply comments.
Focus around these issues, the two sides heated debate. The first one focus: to be revoked business information, whether the scope of government information disclosure?
Trade and Industry Bureau,http://bbs.ifreshe.com/forum.php?mod=viewthread&tid=838291, did not participate in 2001 because of business inspection, Campbell Company was December 12, 2002 was to revoke its business license, but still did not apply for cancellation of registration. For enterprise business license revoked file, the Bureau is responsible for business registration business registration bureau usually dead file processing system without its relevant information.
The plaintiffs argued that the "Company Law" Article VI "Company Registration Regulations" Article 57 did not exclude revoked the company's query. According to the "Company Registration Management Regulations", company registration, including establishment registration, change of registration, cancellation of registration. In other words, even if the company were canceled, the public has the right to query. "Imagine, if a business has been revoked, it also continues to operate as its trading counterparties, and how can we know this information? Apparently only be known by the industry and commerce registration inquiry. Scope if this situation does not belong to the query, then Registration publicity significance? how to trade the security of social protection? "Wu Xin Dong said.
On the "dead file" argument, the plaintiffs issued a series of two agents asked: "The defendant said that this case does not belong to the scope of the disclosure, the reason for the suspension of the company, its registration file is usually treated as a dead branch which is not publicly available. reasons and basis for it? file handle as dead What does it mean? and archives publicly what? registered branch of the legal basis for doing what is? "
File loss can not open?
This is the second focus of controversy. Trade and Industry Bureau, last year, the council business registration bureau
Relocation, after cleaning up the files found similar enterprises, including Campbell's part,http://www.gxygd.com/service/feedback_look.php?id=40124, including the loss, has been unable to open.
Two representative plaintiffs argued that the defendant, as industrial and commercial administration, shall bear the corporate registration file management tasks. "Corporation registration records management approach" Article X: "During the corporate business activities, must keep their registration files,http://5182.cc/forum.php?mod=viewthread&tid=134007&fromuid=13173," "corporate canceled after its archives in accordance with the regulations prior to the transfer of the archives should be in the region of the organ properly preserved, and regular safety inspections, non-personal unauthorized destruction "They maintained that:." defendant fault of his work as a reason not disclosed, and no administrative and awareness for the public to provide services in accordance with law. "
Two agents also suggested that there is an electronic company registration files, but also paper, and its management and transfer has strict procedures, how could easily be lost? "No two are lost, right? This is too clever! We do not recognize the fact that the file is missing."
Campbell Company Profile really lost it? This has been the largest of its agents Cui cotton doubt. November 3,http://xd0753.com/news/html/?90658.html, 2008 Branch of Industrial and Commercial Bureau affiliated companies registered plaintiff who issued the "About Shijiazhuang City Trading Co., Ltd. shares Campbell explained," indicating that the registration is: Campbell registered capital of 500,000 yuan, the shareholders of three people, legal representative Wang broken disk invested 400,000 yuan, accounting for 80% of the shares, and the remaining two shareholders each invested 50,000 yuan, 10 percent stake each.
On this note, the Department of Trade and Industry Bureau, said, "Enterprise Registration Branch staff by understanding the relevant officer" to get, but the plaintiff's agent believes that: "If Campbell's file is not found, the defendant can not remember Campbell's specific ownership structure, we do not believe there is such an exception staff memories, called Campbell's file can not be found, is completely lying. "
Provide proof, Cui cotton check whether the purpose has been achieved?
This is the third focus of controversy.
Trade and Industry Bureau believes that business registration bureau for Cui cotton to provide "on Campbell Co.,http://www.cpefound.org.php5-14.dfw1-1.websitetestlink.com/node/13#comment-284025, Ltd. Shijiazhuang City Equity explained," Campbell proved the company's business registration information, has reached the purpose of her inquiry.
Reporters have asked this question Cui Cotton: "? This note, it is not enough for a lawsuit," she told reporters, confirmed that equity should be based on the articles of association, funded a series of documents to prove only that a statement may not be get legal support. This is her determined to fight the administrative lawsuit, be sure to get all the information about the reasons for company registration.
The plaintiff agent also believes that some details needed to set up the company Cui cotton, the situation such as the establishment when the shareholders, articles of association, capital verification report, changes in shareholders, the company was revoked and so, rather than simply a piece of paper "description" . "If this is the information public, he does not comply with the disclosure requirements of the plaintiff." Liyi Xu said the lawyer.
Only for formal examination, can become a reason not to open?
This is the final focus of controversy.
Trade and Industry Bureau, as the registration authority, according to the applicant to apply for Trade and Industry Bureau of market players to register. According to relevant laws and regulations, as long as the applicant to submit the application materials are complete and in accordance with the statutory form, that is to be approved and registered by the Bureau. In other words, the business sector on the applicant's application materials mainly in the form of review, without making substantive examination. Business registration information is not necessary to prove that the plaintiff confirmed only material equity. Regardless of whether Campbell's registration files to find, and even Campbell's hands every shareholder shall have company registration related materials, such as funding agreements, funding proved shareholders, articles of association, etc., even if the record industry and commerce enterprise archives view less, The plaintiff still through other documents, data, documents, etc., to obtain information about the real situation of the company. The plaintiff may by other means to protect their legitimate rights and interests.
Plaintiff agents conducted a rebuttal. They believe that only requires the defendant publicly Cui cotton Campbell's registration files, as is the form of review or substantive examination, nothing to do with the case. "We want to emphasize that the company's registration files for Campbell v equity indeed brought her rights, is not only necessary, but also the only evidence because she heir as a shareholder, did not participate in the company's management does not understand The company's specific circumstances, all relevant information to other shareholders of the company have been hiding. "
Cotton Cui told reporters that her family and other shareholders on the equity confirm Campbell's lawsuit, is Shijiazhuang City, Xinhua District Court of First Instance, the Court has already had one. "I'm eager to get more evidence through this administrative lawsuit, such as the articles of association, capital verification reports, this would confirm the case of equity glance."
As of press time, the case has not been sentenced. For the present case, this newspaper will continue to focus on.
Regulations files:
"Company Law"
Article establishment of a company, it shall apply for the establishment of the company registration authority to register. In line with the establishment of the conditions stipulated in this Law, the company registration authority shall register as a limited liability company or a joint stock; establishment does not comply with the conditions stipulated in this Law shall not be registered as a limited liability company or a joint stock.
Laws and administrative regulations to establish the company must be submitted for approval, it shall apply for approval before the company legally registered.
The public can check the company registration authority for company registration matters, the company registration authority shall provide consulting services.
"Companies Registration Regulations"
Article 57 The company registration company registration authority shall be recorded in the register on the company register for the public to consult and copy.
"Regulations on Open Government Information"
Article 13 Unless the Ordinance Articles 9, 10,http://www.gakinsly.com/bbs/forum.php?mod=viewthread&tid=681012, 11, Article XII of the executive government information provided voluntarily disclosed, the citizens, legal persons or other organizations may also be based on their production and living, research and other special needs, to the State Council departments, local people's governments above the county level people's governments and departments to apply for access to relevant government information.
Article 26 The administrative authority shall apply the disclosure of government information should be provided in accordance with the applicant in the form required; applicant in accordance with the requirements can not be provided in the form, you can arrange access to relevant information by the applicant to provide a copy or other appropriate form .
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