Recently, by the King&Capital Law Firm senior partner Yang Damin lawyers, Wen Yanqiu lawyers on behalf of the famous actor Tang Guoqiang identity information was registered under false names, by the Beijing Municipal Haidian District People's Court, the final judgment: revoke the defendant Beijing Municipal Haidian District Market Supervision Administration will Tang Guoqiang change the registration of the third party Tang Guoqiang Film and Television Arts (Beijing) Limited shareholders of the industrial and commercial registration behavior.
Brief description of the case
This case is a typical case of a citizen's personal identity information being registered as a shareholder of a company under a false name. The specific facts of the case are as follows:
On January 24, 2017, the third-party company fraudulently used Mr. Tang Guoqiang's identity information and, without his knowledge and authorization, forged his signature and signed documents such as the Resolution of Shareholders' Meeting and Agreement on Transfer of Capital Contributions, and then provided the defendant with the aforesaid false certificates, and ultimately completed the registration of the change of shareholders upon the defendant's examination. After changing Mr. Tang Guoqiang as a shareholder, the company then proposed to the Defendant to change the name of the company from "Winner Company" to "Tang Guoqiang Film Art Company".
However, Mr. Tang Guoqiang was not acquainted with the company's legal representative and the shareholders who signed the capital transfer agreement with him, and had no knowledge of the above actions. Subsequently, Beijing Jing'an Top Judicial Appraisal Center confirmed that the signature handwriting of "Tang Guoqiang" in the "Signature of Tang Guoqiang" in the "Resolution of the Shareholders' Meeting" was not the same as the signature handwriting of "Tang Guoqiang" in the sample for comparison. Signature handwriting is not the same person writing.
King&Capital lawyers to help protect rights
After accepting Mr. Tang Guoqiang's commission, Mr. Yang Damin and Mr. Wen Yanqiu comprehensively analyzed the case, collected and fixed the evidence through handwriting appraisal, evidence retrieval, etc., and finally decided to defend his rights through administrative litigation after comprehensively considering the relevant remedies.
Citizens' personal identity information is registered as shareholders or legal representatives under false names in practice, but the potential harmful results of the identity information of well-known persons registered under false names will reach a wider range. A small number of lawbreakers through the identity information of well-known people registered under false names as shareholders, legal representatives of the company to obtain the celebrity effect, so that the public, the organization into a false understanding of the subsequent property damage. Worse still, they will further commit unlawful and criminal acts, which ultimately constitute criminal offenses and cause adverse social impact. In this case, the third party company is so, step by step, the first will be Mr. Tang Guoqiang change the registration as a shareholder, and then change the name of the company to contain the words "Tang Guoqiang" name, its bad intentions are obvious.
The case took one year to file, under the epidemic situation, the two lawyers ran around many times to actively collect and fix the evidence, and participated in the online trial activities for three times, and finally effectively and efficiently safeguarded Mr. Tang Guoqiang's legitimate rights and interests, and timely blocked the third-party company's false publicity under the pretext of "Mr. Tang Guoqiang as a shareholder", and avoided other citizens and organizations from being fraudulently registered. This prevented other citizens and organizations from being defrauded.
Court Opinion
The Haidian Court held that, according to the relevant provisions of the Company Law and the Regulations on Administration of Company Registration, the Market Supervision Administration of Haidian District, as the competent administrative department for industry and commerce, has the statutory duty to examine the applications for registration of changes of companies within its jurisdiction and decide whether or not to grant registration. In this case, although the application materials for change of registration submitted by Tang Guoqiang Film Art Company on January 24, 2017 formally complied with the provisions of Article 2 and Article 27 of the Regulations on the Administration of Company Registration, the signature of "Tang Guoqiang" in the Resolution of the Shareholders' Meeting of the Victorious Company in the aforesaid application materials was not signed by Tang Guoqiang, and the existing evidence in this case could not prove that the aforesaid signature was signed by Tang Guoqiang, nor could it prove that the aforesaid signature was signed by Tang Guoqiang. The existing evidence in this case also could not prove that the above signature was signed with the authorization of Tang Guoqiang. Therefore, although the Haidian District Market Supervision Administration had fulfilled its obligation to examine the application materials, the registration of the change of shareholders based on the false application materials lacked factual basis and should be revoked.
