In 1986, the company name was taken by the tiger, and the name book was taken by the tiger's shop.
The Paper reporter wangxin intern Cheng Fangxun
Babaoshan Mining Company of Lushi County, Sanmenxia City, Henan Province sued Lushi County Market Administration Bureau and requested to cancel the registration of Lushi County market change.
On March 22, 222, Sanmenxia Intermediate People's Court made a final judgment: it rejected the appeal of Lushi County Market and upheld the original judgment, that is, it revoked the administrative act of Lushi County Market to change the legal representative and market subject type of Babaoshan Mining Company on June 28, 222.
this is the second time that Lushi county market has been sued for changing the legal representative and enterprise nature of Babaoshan mining company. In the previous lawsuit, Lushi County market also lost the case.
On April 9th, Fan Wenchao, deputy director of Lushi County Market, told The Paper (www.thepaper.cn) that the Bureau obeyed the judgment and fulfilled the obligation of effective judgment, and is currently carrying out the change registration according to the procedures.
The Paper understands that behind the administrative litigation is the dispute over the ownership of Babaoshan Mining Company. According to the nature of Babaoshan Mining Company, Zhai Xinlan, the current legal representative of the company, holds different views with the local authorities: Zhai Xinlan believes that the company is registered as a collective-owned enterprise, but it is actually a private enterprise; Du Bolin, deputy director of Lushi County Industrial Information and Technology Bureau (hereinafter referred to as Lushi County Bureau of Industry and Information Technology), believes that the company is an enterprise owned by the whole people.
Du Bolin said that the key to solving the "ownership dispute" lies in the fact that the administrative organs with relevant functions define the nature of Babaoshan Mining Company. At present, the county is paying close attention to studying the related problems of Babaoshan Mining Company, and has not yet reached a specific conclusion.
State Administration for Market Regulation was sentenced for changing enterprise registration
Zhai Xinlan said that Babaoshan Mining Company was a wholly-owned enterprise invested and established by Lushi Mining Construction Engineering Company in November 26, and the registered enterprise type was collective ownership. When the company was established, the legal representative of the company was He Yunxiang. Five years later, the legal representative of the company was changed from He Yunxiang to Zhai Xinlan.
On April 24th, 222, the former Lushi County Administration and Quality and Technology Administration Bureau (hereinafter referred to as Lushi County and Quality Supervision Bureau) accepted the application of the former Lushi County Industry and Information Technology Association, and changed the legal representative of Babaoshan Mining Company to Du Bolin, the former Lushi County Industry and Information Committee, and changed the nature of the enterprise to ownership by the whole people.
After that, Zhai Xinlan sued the former Lushi County and the Quality Supervision Bureau, demanding to cancel the administrative act of changing the registration of the former Lushi County and the Quality Supervision Bureau. In November 222, Henan province and city made a judgment to cancel the change registration made by Lushi County and Quality Supervision Bureau on April 24 of that year. The former Lushi County and the Quality Supervision Bureau refused to accept the judgment and appealed. Sanmenxia Intermediate People's Court rejected the appeal in March 222 and upheld the original judgment.
The judgment shows that Sanmenxia Intermediate People's Court held that according to the relevant provisions of the Detailed Rules for the Administration of Enterprise Legal Person Registration, the change registration of an enterprise requires an application for change registration signed by the legal representative. However, the former Lushi County and the Quality Supervision Bureau changed the legal representative and enterprise nature of Babaoshan Mining Company according to the application of the former Lushi County Industry and Information Committee without receiving the application for change registration signed by Zhai Xinlan, the legal representative of Babaoshan Mining Company, which obviously violated the Detailed Rules for the Administration of Enterprise Legal Person Registration. The judgment dismissed the appeal and upheld the original judgment.
After the judgment came into effect, Lushi County Market (note: Lushi County and Quality Supervision Bureau) changed the legal representative of Babaoshan Mining Company back to Zhai Xinlan on June 21, 222, and the nature of the enterprise also returned to collective ownership.
At present, the enterprise credit information publicity system shows that the legal representative of the enterprise is and the enterprise type is owned by the whole people. On April 9, the relevant person in charge of State Administration for Market Regulation, Lushi County said that the previous change registration was being cancelled according to the procedure.
State Administration for Market Regulation changed its registration again and lost the case again
A week later, the same situation was staged again: on June 28th, 222, Lushi County Market accepted the application of Lushi County Bureau of Industry and Information Technology (note: the former Lushi County Committee of Industry and Information Technology) again, and changed the legal representative of Babaoshan Mining Company to the Bureau of Industry and Information Technology, and changed the enterprise type to the ownership of the whole people.
Zhai Xinlan filed a lawsuit again after learning about it. In December, 222, the city made a judgment that the main evidence of Lushi County Market's change registration was insufficient, and the application and regulations were wrong, so it should be revoked. Therefore, it was decided to cancel Lushi County Market's administrative act of changing the legal representative and market subject type of Babaoshan Mining Company on June 28, 222.
The legal representative and type of this company have been registered for many times. Screenshot of enterprise credit information publicity system
Lushi county market refused to accept the judgment and appealed to Sanmenxia Intermediate People's Court. On March 22, 222, Sanmenxia Intermediate People's Court made a judgment, dismissed the appeal and upheld the original judgment.
according to the judgment, Sanmenxia Intermediate People's Court held that the focus of the dispute in this case was the economic nature of Babaoshan Mining Company's market change registration in Lushi County and the legality of its legal representative. The relevant administrative regulations and departmental rules clearly stipulate the conditions for the change registration of the legal representative of an enterprise and the change registration of its economic nature, that is, the enterprise as a legal person shall submit relevant documents to the original registration authority. In this case, the change of the legal representative of Babaoshan Mining Company should be submitted by Babaoshan Mining Company, such as the dismissal document of the original legal representative of the enterprise, the employment document of the new legal representative of the enterprise, the application for change registration signed by the original legal representative or the proposed legal representative, and other materials. Lushi County Market failed to submit evidence meeting the above conditions for change registration and changed the registration behavior. The original judgment found that the facts were clear, the application was correct and the procedure was legal. The appellant's appeal grounds cannot be established and are not supported.
On April 9th, Fan Wenchao, deputy director of Lushi County Market, told The Paper that the Bureau obeyed the judgment and fulfilled the obligation of effective judgment, and is currently carrying out the change registration according to the procedure.
Bureau of Industry and Information Technology: The problem has a long history and is very complicated
Why did Lushi County Bureau of Industry and Information Technology change the legal representative and enterprise nature of Babaoshan Mining Company twice?
Du Bolin, deputy director of Lushi County Bureau of Industry and Information Technology, told The Paper that the problems related to Babaoshan Mining Company have a long history and are very complicated, and they also involve important issues such as employee placement.
Du Bolin introduced that in order to make rational and full use of Babaoshan Iron Mine in Qinghe Village, Panhe Township, this county, Babaoshan Iron Mine was decided by the county party committee and county in 1993 after eight years' investment of more than 3 million yuan for investigation, exploration and demonstration. In September of the same year, the county approved the establishment of Babaoshan Mining Company, making it clear that the company is a national enterprise and belongs to the former Lushi County Economic and Trade Commission. The following month, the county appointed He Yunxiang as the manager of the company. At the end of the same year, the former Lushi County and the Quality Supervision Bureau issued a national business license. In 1997, the company went to Lushi County and Quality Supervision Bureau to change its business license to a collective nature (still in the category of public-owned enterprises). In 23, during the enterprise restructuring, Babaoshan Mining Company applied for cancellation and merged with Lushi Mining Construction Company. In November 26, Babaoshan Mining Company was separated from Lushi Mining Construction Company.
Du Bolin said that after the separation, He Yunxiang, the then legal representative of Babaoshan Mining Company, applied to the department to register the investors and founding units of Babaoshan Mining Company as Lushi Mining Construction Company, and in November 211, Lushi Mining Construction Company issued a document to change the legal representative of Babaoshan Mining Company to Zhai Xinlan.
For the newly established Babaoshan Mining Company, Zhai Xinlan and Lushi County Bureau of Industry and Information Technology have completely different understandings.
Zhai Xinlan believes that Babaoshan Mining Company established in 26 and Babaoshan Mining Company established in 1993 have different creditor-debtor relationships, and they are two completely different markets and entities. Babaoshan Mining Company, established in 26, is a wholly-owned enterprise invested by Lushi Mining Company, which was a wholly-owned individual enterprise invested by He Yunxiang in 1986. Due to historical reasons, the company was registered as collective ownership and affiliated to Lushi County Bureau of Industry and Information Technology, but Lushi County and Bureau of Industry and Information Technology did not invest in the company, and it was a private enterprise. The above viewpoints are supported by many documents of relevant departments of Lushi County.
Du Bolin thinks that Babaoshan Mining Company, which was established in 26, is actually a continuation of Babaoshan Mining Company, which was established in 1993, with the same name and nature.
"We think it is problematic for him (He Yunxiang) to change (register) the investor, the organization and the legal representative." Du Berlin said that he had not come to Lushi County Bureau of Industry and Information Technology at that time, and it was unclear why the bureau did not solve this problem through administrative litigation or other means at that time.
Du Berlin believes that Babaoshan Mining Company is an enterprise owned by the whole people, and the bureau approved the application for change registration in accordance with relevant documents. The bureau expressed respect for the verdict.
The relevant departments of Lushi County have identified the nature of the enterprise three times and been sued three times
The Paper learned that the relevant departments of Lushi County have defined or identified the nature of Babaoshan Mining Company three times.
In February, 222, Lushi County Finance Bureau made a report on the definition of property rights, and identified Babaoshan Mining Company as an enterprise owned by the whole people. Babaoshan Mining refused to accept the complaint. The administrative ruling made by the city shows that the court believes that the aforementioned report made by Lushi County Finance Bureau is only a written report submitted to the superior, and it has not been finalized or registered, so it has no effect, no litigation, and does not belong to the scope of administrative litigation. Therefore, the prosecution of Babaoshan Mining Company was dismissed.
At the end of 222, Lushi County Finance Bureau made another definition report, and still recognized Babaoshan Mining Company as an enterprise owned by the whole people. Babaoshan Mining Company sued again and was dismissed for the same reason.
On April 28th, 222, a document made by Lushi County State-owned Assets Management Association showed: "Babaoshan Mining Company was recognized as an enterprise owned by the whole people after meeting and research". Babaoshan Mining Company refused to accept it, so it first sued Lushi County. Lushi County was a deliberation and coordination institution with no independent form and administrative expenses, and it did not have the qualification of administrative subject. The institute had no jurisdiction to dismiss the prosecution of Babaoshan Mining Company. After that, the company sued Lushi County to. Sanmenxia Intermediate People's Court held that Lushi County belongs to the functional department of the Party Committee, and Babaoshan Mining Company filed a lawsuit with Lushi County as the defendant. There was no factual basis and basis, so it rejected Babaoshan Mining Company's lawsuit.
Zhai Xinlan said that although the claim was rejected in the administrative litigation with Lushi County Finance Bureau and other units, the judgment also made it clear that the definition report made by Lushi County Finance Bureau was invalid, Lushi County was not an administrative organ, and its decision to identify property rights was not an administrative act.
Editor in charge: Ma Shipeng
Proofreading: zhangyan
The above is the content related to the company name of Huqu in 1986, which is about sharing. I hope this will help everyone after reading the book of opening a shop and naming a tiger!