Source: Zhongxin Jingwei

Author: Zhou Yihang, Lin Yisi

Recently, the Development Co., Ltd. of Lujiazui Financial Trade Zone, Shanghai, China (hereinafter referred to as Lujiazui) issued an announcement saying that after an environmental investigation by the company and all parties, Jiangsu Sugang Group Co., Ltd. (hereinafter referred to as Su Gang Group Co., Ltd. (hereinafter referred to as Su Gang Group Co., Ltd.Group) 14 land under the name of the green coast company, which is listed, has pollution, and the pollution area and pollution are far exceeded that the pollution disclosed during the transfer of Su Steel Group.

In response to the above -mentioned soil pollution problems, Lujiazui has already put Su Gang Group, Suzhou Institute of Environmental Sciences, Suzhou Sucheng Environmental Technology Co., Ltd., Suzhou National High -tech Industrial Development Zone Management Committee, Suzhou Natural Resources and Planning BureauHe sued the court and claimed 1,044 billion yuan (RMB, the same, S $ 1.9 billion) from Su Gang Group.

One question: What is the origin of Su Gang Group?

The "poisonous land" mentioned above is the 17 land of Lujiazui in 2016, passing the 222 rounds of 222 rounds, and a Susan Iron and Steel Group listed by about 8.525 billion yuan.), There are currently determined 14 land for land 1 to 13 and No. 17.

Where is the Su Gang Group?

The official website shows that the Steel Steel Group was founded in 1957. It has established an annual production capacity of 1 million tons. The green steel manufacturing base mainly based on boutique special steel. The industrial layout includes the steel industry and the logistics industry.Enterprises, with post -doctoral research workstations, provincial enterprise technology centers, etc.

Tianyancha APP shows that the registered capital of Su Gang Group reached 1.017 billion yuan, and the total risk reached 18,127. The company's legal representative was Chen Jiyou.The controlling shareholder of the Su Gang Group is Founder Commercial Real Estate Co., Ltd., holding 92.46%of the shares of the Su Gang Group.It was found through equity penetration, and the Founder Commercial Real Estate Co., Ltd. appeared behind China Ping An Life Insurance Co., Ltd., and the actual controller of the latter was Ping An Insurance Co., Ltd.

In 2003, Suzhou SASAC and Peking University Fangzheng Group signed a state -owned equity transfer agreement for Jiangsu Steel Group Co., Ltd., and Founder Group officially joined the Sugang Group.

On July 5, 2021, Ping An of China announced that the draft reorganization plan of the Founder Group passed the civil ruling made by the Beijing First Intermediate People's Court to approval and take effect in accordance with the law.Ping An Life or its wholly -owned entities intend to become the controlling shareholder of Xinfangzheng Group. As the controlling shareholder of Ping An Life, Ping An plans to indirectly control the company.

At present, Chen Jiyou is a director of Founder Industrial Holdings Co., Ltd., a member of Ping An Insurance, Founder Industry Holding Co., Ltd.

Zhongxin Jingwei noticed that when selling land in 2016, the book performance of Su Gang Group was not optimistic.

In December 2016, Haitong Securities Co., Ltd. disclosed by Lujiazui's independent financial advisory report (hereinafter referred to as independent financial advisory report) disclosed by Haitong Securities Co., Ltd.In the first half of 2016, Su Gang Group realized operating income of 7.877 billion yuan, 7.196 billion yuan and 944 million yuan, and net losses were 98.5215 million yuan, 591 million yuan, and 156 million yuan, respectively.The net cash flow generated by operating activities was negative in 2015.

In addition, in the first half of 2014, 2015 and 2016, the total assets of Su Gang Group were 8.305 billion yuan, 7.621 billion yuan, and 6.962 billion yuan, and the asset -liability ratio increased from 90.08%at the end of 2014 to 2016.98.71%in the first half of the year.

The above independent financial advisory reports list seven risk factors related to the transaction if they cannot obtain approval, dilute the futures return, listed companies are facing certain financial risks, and suspension of transactions, but do not question the risk of land pollutionEssence

Two Questions: How does the litigation bid for 10 billion?

The

Announcement shows that Lujiazui and the environmental surveys of all parties have determined that there are 14 land under the name of the green bank company, and the pollution area is far more than the pollution situation disclosed during the transfer of land listed.At the same time, Lujiazui commissioned professional agencies to check that during the regulatory degeneration and transfer of land involved in the case, the defendants such as Su Gang Group and environmental testing institutions existed a series of infringements in violations of laws and regulations, falsifications, and performing in accordance with the law.There is a case of serious pollution involved in the land.

Based on the above situation, Lujiazui put forward about 10.044 billion yuan in compensation requests to Su Gang Group and requested to order Suzhou Institute of Environmental Sciences, Suzhou Sucheng Environmental Technology Co., Ltd., Suzhou National High -tech Industrial Development ZoneThe management committee, Suzhou Natural Resources and Planning Bureau and other appraisal agencies assume joint responsibilities.

In this regard, Weng Guanxing, the director of the Law Firm of Shanghai Yantai (Lingang New Area), told Zhongxin Jingwei that from the perspective of the contract, in the dispute, as described in the LujiazuiPerhaps because there is a false statement in the transaction text, it is necessary to assume the liability for breach of contract under the contract to the Lujiazui Group and the two project subsidiaries.

"But Lujiazui did not file a default complaint, but instead filed a civil lawsuit to Jiangsu Steel Group and related parties due to infringement disputes in soil pollution, which wasAccording to the statement of Lujiazui Group, there may be false statements in Su Gang Group. Suzhou Institute of Environmental Sciences and Suzhou Sucheng Environmental Technology Co., Ltd. may issue an environmental impact assessment report that does not meet the facts.2. Suzhou Natural Resources and Planning Bureau may have the failure to perform their supervision duties, and may need to bear corresponding infringement responsibilities.If the Jiangsu High Court determined that the above -mentioned subject had infringement, the relevant responsible per capita may cause administrative responsibility for their subjects.Responsible personnel may also face criminal accountability.

Wang Yuli, the director of the Beijing Gold Professional Law Firm, believes that if the above agencies have identified fraud in the case of soil pollution involved in the case, the legal risks and responsibilities they face includeThe subjects such as Su Gang and other subjects are liable for compensation; second, they will face administrative penalties, which may face administrative penalties such as warning, fines, confiscation of illegal income, and revocation of corresponding qualifications. Third, if the circumstances are seriousCriminal crimes such as document crimes are responsible for criminal liability.

"The legal risks and legal responsibilities that the relevant responsible subjects need to face must be determined after the incident investigated in detail, and while clarifying the responsibility that the relevant subject needs to bearIn order to restore the project process, you can try to reduce the subjects of all parties or avoid it.

Three Questions: Usually build a house for chemical land, and real estate companies need to repeatedly test. Is the environmental assessment process of Lujiazui in place?

In Lujiazui's "poisonous land" case, the controversial point is that the Lujiazui and subsidiaries did not find soil problems when they were in the process of landing and construction?Why did these plots be poisonous after six years later, and some residential districts had been completed after checking in?

Yan Yuejin, the research director of the E -House Research Institute, told Zhongxin Jingwei that because soil pollution is hidden, lag, cumulative, and irreversible. Generally speaking, for the land of such industrial reforms, housing companies themselves themselves are themselves.Need to do repeated testing.

"Usually industrial land degeneration, that is, the" work reform "needs to implement a strict environmental assessment process." Yan Yuejin pointed out that first of all, the land should be investigated and evaluated, which mainly involves soil, water, and air of such industrial land.The other environmental conditions conduct a comprehensive investigation, which involves commissioned majors in the middleThe environmental assessment agency evaluates whether in addition to determining whether there is a toxic substance, it is also necessary to evaluate its impact on the health of residents.

Secondly, land transformation involves investigations of land pollution, including analysis of possible pollution conditions and risks in the future.For pollution land, including soil and water body, will be carried out by handling, landfilling, replacing soil, chemical neutralization, air purification and other methods.

Another demonstration of land use attributes is required, that is, the land use of industrial plants to be changed to residential land, and it is necessary to apply to the local natural resource bureau.Experts or special meetings demonstration.