Mutian food’s several lawsuits about illegal receipt of warning letter

According to the decision on administrative supervision measures ([2020] No. 40) published on the website of Sichuan regulatory bureau of China Securities Regulatory Commission on October 10, Sichuan Mutian Food Co., Ltd. (hereinafter referred to as “Mutian food”, 838642) has the following problems: < / P > < p > Motian food has not disclosed the annual report of 2019 so far, which is in violation of the information disclosure of unlisted public companies Article 11 and Article 12 of the measures for the administration of disclosure (Order No. 162 of the CSRC). (1) overdue disclosure of major events of the company. Due to contract litigation disputes, the company and its chairman Zhang Peng were issued a consumption restriction order by the people’s Court of Binjiang District of Hangzhou on June 21, 2019, and Mutian food was listed as a dishonest person executed by the people’s Court of Binjiang District, Hangzhou on July 3, 2019. Due to labor contract disputes, the company and its chairman Zhang Peng were issued a consumption restriction order by the people’s Court of Ziliujing District, Zigong City on September 27 and 29, 2019. Mutian food will not disclose the above matters until October 31, 2019. < / P > < p > in addition, due to contract litigation disputes, Mutian food was listed as a dishonest executee by Ziliujing District People’s Court on December 12, 2019; the company and its chairman Zhang Zhen were issued consumption restriction orders by Zigong shuangliujing people’s Court on November 25 and December 11, 2019. Zhang Peng, the chairman of the company, was listed as a dishonest person and restricted consumer by the people’s Court of Yantan District, Zigong City on November 8, 2019, and was again listed as a dishonest enforced person by the people’s Court of Yantan District, Zigong City on December 12, 2019. Motian food will not disclose the above matters until February 27, 2020. The above behavior of Mutian food violates Article 20 of the measures for the supervision and administration of unlisted public companies (CSRC Order No. 96, revised in 2013). (2) major events of the company have not been disclosed. Due to contract litigation disputes, Mutian food was once again listed as a dishonest executee by Zigong Ziliujing District People’s Court on February 27 and March 5, 2020. At the same time, the company and its chairman Zhang Peng were issued consumption restriction orders by Zigong Ziliujing District People’s Court on March 2, 5 and 12, 2020. Motian food has not disclosed the above matters so far, which violates Article 25 of the administrative measures for information disclosure of unlisted public companies (SFC Order No. 162). < p > < p > in accordance with the provisions of Article 49 of the measures for the administration of information disclosure of unlisted public companies (Order No. 162 of the CSRC) and Article 62 of the measures for the supervision and administration of unlisted public companies (Order No. 96 of the CSRC, revised in 2013), Sichuan securities regulatory bureau decided to take administrative supervision measures to issue warning letters on Motian food, which should be recorded in the integrity archives of securities and futures. < p > < p > according to the inquiry of China economic network, Mutian food was established on September 28, 2010 with a registered capital of RMB 57.225 million. Zhang Zhen is the legal representative, actual controller, the second largest shareholder, chairman and general manager. Sichuan Tianmu Agricultural Group Co., Ltd. is the largest shareholder with a shareholding ratio of 44.56%, and Zhang Zhen holds 22.71% of the shares. The company was listed on the new third board on August 10, 2016, with Anxin securities as the sponsor. Zhang Zhen is the actual controller and major shareholder of Sichuan Tianmu Agricultural Group Co., Ltd., with a shareholding ratio of 99.22%. < p > < p > < p > < p > Article 9 of the guidelines for the continuous supervision of the sponsor securities companies of the national small and medium-sized enterprise stock transfer system (for Trial Implementation) stipulates that the sponsor securities company shall supervise the listed company to establish, improve and effectively implement the internal management system, including but not limited to the accounting system, financial management and risk control system, as well as external guarantee, major investment, entrusted financial management, related transaction, etc Business decision-making procedures and rules. < p > < p > according to the announcement on the company being included in the dishonest executee issued by Motian food on October 31, 2019, according to the information released by Binjiang District People’s Court of Hangzhou city on July 3, 2019, the obligations determined by the effective legal documents are as follows: pay 357100 yuan and interest, litigation fee 3410 yuan, enforcement fee 5256 yuan, based on (2018) Zhejiang Province 0108 No. 3842 of the early Republic of China. < p > < p > according to the announcement on the issuance of consumption restriction orders by the company and its actual controllers issued by Motian food on the same day, 13 litigation cases including Hangzhou Guanzhuang Network Technology Co., Ltd. applying for the execution of the company’s network service contract, Liao Changqi’s application for the company’s labor contract dispute, and Yang Runxian’s application for the execution of the company’s labor contract dispute, etc The company fails to fulfill the payment obligations determined by the effective legal documents within the period specified in the execution notice, and takes measures to restrict consumption of the company. The company and Zhang Zhen are not allowed to carry out relevant high consumption and consumption behaviors not necessary for life and work. According to the announcement on the issuance of consumption restriction orders by the company and its actual controllers issued by Motian food on February 27, 2020, it is found that, according to the notice of the people’s Court of Ziliujing District, Zigong City, on November 25, 2019, Yang Hong, Ma Zongbin, Yan Haojun, Liao Bo, Zhao Dingju, Wu Changbin, Zhang Chunxia, Deng Wenying, pukun, Lin zhengfen, Cao Lixiong, Hu Xia, Gou Lijun, Lai Junjie were found When applying for the execution of the company’s labor dispute case, the company failed to fulfill the payment obligations determined by the effective legal documents within the period specified in the execution notice, and the company and Zhang Zhen were not allowed to carry out relevant high consumption and consumption behaviors not necessary for life and work. According to the announcement on the incorporation of the company and its actual controller into the dishonest executee issued by Mutian food on February 27, 2020, according to the information released by Yantan District People’s Court of Zigong City on December 12, 2019, the obligations determined by the effective legal documents are as follows: the defendants Zhang Zhen and Mutian food shall be 10 days after the effective date of this judgment The internal compensation was restored and Jili was asked to borrow 600000 yuan, and the interest calculated at the monthly interest rate of 2% from April 1, 2015 to the date of settlement was paid. < p > < p > according to the information of Zhang Zhen who was included in the information of the person who was executed due to dishonesty issued by the people’s Court of Yantan District, Zigong City, on November 8, 2019, the obligation determined by the effective legal document is: the defendant Zigong Mutian breeding professional cooperative owes the plaintiff Xie Chunxia the loan principal The defendant Zigong Mutian breeding professional cooperative is scheduled to repay the plaintiff Xie Chunxia’s loan principal of RMB 10000 each month from September 2019, with principal before interest until the first repayment responsibility is cleared. The main reason why Zhang Peng was listed as a dishonest executee was that he provided guarantee for the loan behavior between Zigong Mutian breeding professional cooperative and Xie Chunxia. < / P > < p > according to the information of Zhang Zhen who was included in the information of the person who was executed due to breach of faith issued by the people’s Court of Yantan District, Zigong City on November 8, 2019, the obligations determined by the effective legal documents are as follows: the defendant Dai Shuying owes the plaintiff Xie Chunxia the loan principal of 197000 yuan and the interest; the defendant Dai Shuying is scheduled to repay the plaintiff Xie Chunxia’s loan principal of 5000 yuan every month from September 2019, with principal before interest until the first repayment responsibility Until the end of the Qing Dynasty. The main reason why Zhang Peng was listed as the person who was executed for breach of trust was that he provided guarantee for the loan behavior between Dai Shuying and Xie Chunxia. Article 11 of the administrative measures for information disclosure of unlisted public companies (SFC Order No. 162) stipulates that the periodic reports of listed companies include annual reports, interim reports and quarterly reports. A company listed on the selective level shall disclose its annual report, interim report and quarterly report. Companies listed at the innovation and basic levels shall disclose their annual reports and interim reports. All information that has a significant impact on investors’ investment decisions shall be disclosed in regular reports. Article 12 of the measures for the administration of information disclosure of unlisted public companies (Order No. 162 of the CSRC) stipulates that the annual report shall be within four months from the end of each accounting year, the interim report shall be within two months from the end of the first half of each accounting year, and the Quarterly report shall be within one month from the end of the third and ninth month of each accounting year Internal preparation is completed and disclosed. The disclosure time of the quarterly report of the first quarter shall not be earlier than that of the annual report of the previous year. < p > < p > < p > Article 20 of the measures for the supervision and administration of unlisted public companies (CSRC Order No. 96, revised in 2013) stipulates that the company and other information disclosure obligors shall disclose information truthfully, accurately, completely and timely in accordance with laws, administrative regulations and provisions of the CSRC, and shall not have false records, misleading statements or major omissions. The company and other information disclosure obligors shall disclose information to all investors at the same time. The directors, supervisors and senior managers of the company shall faithfully and diligently perform their duties to ensure that the information disclosed by the company is true, accurate, complete and timely. < p > < p > < p > < p > Article 25 of the measures for the administration of information disclosure of unlisted public companies (Order No. 162 of China Securities Regulatory Commission) stipulates that in the event of a major event that may have a greater impact on the trading prices of the listed company’s stocks and other securities, or have a greater impact on the investors’ investment decisions, the listed company shall immediately report the information about the major event A temporary report shall be submitted to the China Securities Regulatory Commission (CSRC) and the national stock transfer company, and an announcement shall be made to explain the cause, current status and possible impact of the event. The major events mentioned in the preceding paragraph include: < / P > < p > (2) the company’s major investment behavior, where the company’s purchase or sale of major assets exceeds 30% of the total assets of the company within one year, or the mortgage, pledge, sale or scrapping of the company’s main business assets at one time exceeds 30% of the assets; < / P > < p > (3) the company enters into important contracts, provides major guarantees, or (8) shareholders or actual controllers who hold more than 5% of the company’s shares or control the company have great changes, and the actual controllers and other enterprises controlled by the company are engaged in the same or similar business as the company (9) the company’s plans for dividend distribution and capital increase, important changes in the company’s equity structure, decisions on capital reduction, merger, division, dissolution and application for bankruptcy, or entry into bankruptcy proceedings and being ordered to close down in accordance with the law; < / P > < p > (11) the company is investigated by the competent authorities for violation of laws and regulations, or is subject to criminal punishment or major administrative punishment The company’s controlling shareholders, actual controllers, directors, supervisors, and senior managers are investigated by the competent authorities, take lien measures or compulsory measures, or are subject to criminal punishment or major administrative punishment for their suspected violation of laws and disciplines. < / P > < p > (16) the court ruled that the controlling shareholders are prohibited from transferring their shares; more than 5% of the company’s shares held by any shareholder are pledged, frozen, and Judicial auction, trusteeship, establishment of trust or restriction of voting rights according to law; < / P > < p > (18) being ordered to correct by the relevant authorities or corrected by the decision of the board of directors due to errors in the previously disclosed information, failure to disclose as required or false records; < / P > < p > (19) other matters specified by the CSRC. If the controlling shareholder or actual controller of a listed company has a great impact on the occurrence and progress of a major event, it shall timely inform the listed company of the relevant information it knows in writing, and cooperate with the listed company to fulfill the obligation of information disclosure. < p > < p > < p > non listed companies