Grassroots lawyers also have spring

Chapter 931
"There has been no prosecution yet. Later, I treated people to the case twice, and it is understood that the guarantor group company did not raise funds at all.

Some time ago, we were pressed hard. The boss of their group met with me and said that he wanted to pay us the debtor real estate company with property.

After discussion, the board of directors of the company felt that this could be done. The real estate company owns a piece of residential land. After financial due diligence, it can be preliminarily confirmed that there is no other project except for the bank loan, our entrusted loan and the project payment owed to the construction party. Debt, still clean.

And according to calculations, if the real estate company's real estate can be opened, the income can completely cover all the loans, and it can make a lot of money.

So the company is going to sign an agreement with the guarantor group company to offset the debt owed to us with all the equity of the real estate company, and then we will solve the debt of the real estate company by ourselves.Of course, the debts (hidden debts) other than the debt materials that the real estate company has provided to us will all be borne by the group company.

The problem now is that our company's legal department thinks there is no problem after review, so we can do it this way.But I always feel that something is wrong, but I can't tell.So please come and consult us. "Xiao Peng said.

"Has your company sent someone to do the due diligence? I mean the legal due diligence, and the real estate company has no qualifications?" Wang Chuan asked.

"The legal due diligence is led by lawyer Sima Hui of your law firm. The real estate company has complete licenses, "Construction Land Planning Permit", "Construction Project Planning Permit", "Construction Project Construction Permit", "State-owned Land Use Certificates are available.

The "Commercial Housing Pre-sale Permit" has not been processed because it does not yet have the conditions for processing.

In fact, this project is quite good. When we first borrowed money, we checked the surrounding environment. If the project goes well, we can indeed make money.

However, in the past two years, their group company has taken too many steps, and used the borrowed money for other real estate projects. In addition, their strength itself is not very good. Except for the two lands in Shishi, their group company The geographical location of the land acquired in other regions is relatively remote, and the sales situation is not good.

I think they are too radical, that's why they can't make money for a while, and the capital chain is broken. "Xiao Peng said.

"If your company is optimistic about this project, I think it is safer to go through the litigation process. Your worries are not unreasonable.

Now this loan involves three parties, the creditor your company, the debtor real estate company and the guarantor group company.According to the law, after assuming the guarantee responsibility, the guarantor has the right to require the debtor to undertake the repayment liability within the scope of the guarantee assumed by the guarantor.

That is to say, if the group company pays off the debt with property, then the group company has the right to recover from the real estate company after the group company has assumed the guarantee responsibility.

This project of your company is a little special. The guarantor group company used all the equity of its subsidiary (debtor) to pay off the debt in kind and pay off the debt. After your company got the real estate company as a creditor, the debt was fully paid off.

But after the transaction is completed, the group company may turn around and ask the real estate company to repay the debt! "Wang Chuan said.

"But the group company has already paid off the debtor's real estate company. Does he still have the right to ask the real estate company to repay the debt? This relationship is a bit messy!" Mr. Peng was puzzled.

"Let's put it this way, whether the court supports the other party's request is one thing, and whether the other party will sue for disrupting your company's project is another.

Regardless of whether the group company has the right to demand repayment from the real estate company, if they sue and seal up the bank account of the real estate company, and drag it on for a year or so, real estate development will be affected, even if the court does not support their claim , Your company can't afford it!

And it is very likely that the other party will take advantage of this and force your company to pay a certain price. "Wang Chuan thought for a while.

"Will the court file this kind of case?" Mr. Peng asked.

"There shouldn't be any problem with filing the case. After all, the judges in the filing court only conduct formal review, not substantive review. People don't know what to do, so we have to guard against it! Where is the jurisdiction of this case?" Wang Chuan asked.

"We used the entrusted loan made by the bank in Shishi City, Hebei Province. The jurisdiction of the lawsuit is the location of the bank. This is agreed in the bank's entrusted loan standard contract. We think that the distance is not far away, so we haven't revised it." Mr. Peng said.

"Well, the other party is a local company, and the jurisdictional court is a local court. The other party's home field, there are still risks outside the case!" Wang Chuan said.

"What's your suggestion?" Mr. Peng asked.

"I suggest going through the litigation process. Your company will sue the debtor and the guarantor, and then the three parties will reach a mediation agreement and let the judge issue a mediation letter. The rights and obligations of the three parties should be clearly stipulated. Exercise the right of recourse. If the real estate company has other debts, all of them will be borne by the group company." Wang Chuan said.

"Well, what you said is reasonable!" President Xiao Peng nodded.

When acquiring Hualong Real Estate Assets Company before, Wang Chuan suggested Mr. Peng to go to court, and then the court issued a mediation statement, and the mediation closed the case. Later, the other party saw that the project was making money, and they sued to cancel the equity transfer agreement.In the end, the court rejected all the other party's claims, and the case went to the second instance, which took a lot of time.

There are lessons learned from the past, and Wang Chuanyi reminded Xiaopeng that he had to be cautious. After all, once a real estate project makes a profit, the other party will definitely be jealous, and there may be something wrong!
"Wang Lv, I have an idea. We had a good time working together on the project of Hualong Real Estate Company. I want to outsource the legal affairs of this project to your firm.

But I have a request, lawyer Huang must lead the team, and he also needs to help me take care of the on-site work, I will give him the title of vice president of the project, just like before, in terms of treatment, you pay your salary, I Give me a separate copy, what do you think?
In fact, Lawyer Huang didn't need to worry too much. With Lawyer Huang's old colleague Liu Gong, Liu Guild, as the technical director, followed the project all the way, and he could solve most of the work.

The main reason is that lawyer Huang feels at ease in my heart.What do you think of the lawyer's fees? "Xiao Peng said.

"Well, I have to discuss this matter with Huang Lv. After all, it involves stationing in other places, and I have to send one or two more lawyers to take charge of the on-site legal work." Wang Chuan did not dare to agree to Mr. Peng easily. Although there are not too many construction projects in Li, if two lawyers are taken away at once, the work of the fifth department will definitely be affected to a certain extent.

"Okay, three days. I'll wait for you for three days. Be quick! This project is urgent. I'll report to the company first, and suspend the signing of the contract with the other party." Mr. Peng said.

(End of this chapter)