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Not long ago, the incident of "Golden Baby", an early education training institution in many places, closed its stores overnight, aroused concern. Many parents said that in the follow-up communication, a third party known as "professional store closure" appeared to carry out online and offline communication and coordination. Recently, a number of parents in other early education institutions in Beijing, Meijim and Newhatton, also said that they encountered the same situation.
Professional store closers refer to groups that help poorly managed companies plan how to close stores and run away, and take over the follow-up rights protection issues.
Beijing Gymboree store third-party closure: We are a third party, specializing in this. The current reality of this company is that there is no option for a refund, and there is no way to refund the money because there is no money. I don't even want to close the store at the end, so I directly ask us to be responsible for outsourcing the latter things.
The third-party closure of the Newhatton Early Education Center in Fengtai District, Beijing: We are not an institution, we are only responsible for connecting with some parents, and there is no refund for you. Because we don't have any money, we can't get it back. I am only responsible for communicating with you, such as providing you with a transfer plan.
Lay off employees, rebuild customer service teams, lower consumer expectations, and induce acceptance of unfair solutions...... It is an important part of the work of these professional shopkeepers. The reporter found the third-party store closure of Nanjing Gymboree.
The third-party store closure of Gymboree store in Nanjing, Jiangsu: In the first week of offline, consumers may be more excited, and I will keep telling them to actively recover their losses and help them lower their expectations. Consumers can be understood as a group of people who are bound together because of their interests, and they will also be separated because of their interests. Maybe you can accept 500 yuan, he can accept 300 yuan, and the consumer population may be divided into different teams, and your risk is gone.
The professional shopkeeper devised a "runaway" plan to let the debtor get out of the way
The parents of Shanghai Gymboree said that during the closure of Shangjia, Lotus and other stores, a staff member surnamed Yang appeared. The other party admits that he is a professional store closer, which can help the company escape the risk.
The person surnamed Yang told reporters that from the change of the legal representative to the closure of the store, a store service charge totaled about 120,000 yuan.
Ms. Yang, the third-party store closure of Shanghai Gymboree store: If you just help to close the store, from employee negotiation to the government to the street to the transfer, it is all 60,000 yuan per store. The front-end change of the legal representative, for example, the entire legal representative and shareholders are all provided by us, and a single store is 60,000 yuan.
Nanjing Gymboree closed the store said that their fees are calculated based on the proportion of the company's debt, which is generally about 5% of the total debt. In order to increase profits, many professional store closure teams will also run special promotions before the store closes, and then disappear after earning the last round of top-ups.
When the reporter questioned the legal risks of the above-mentioned operation routines, these professional closed-door people said that they would guarantee that the debtor would get out of the way.
Jiangsu Nanjing Gymboree store third-party store closure: 100% will not go to jail, because if the criminal risk is not met, it will return to the civil risk. We can't avoid complete civil risks, but if no one makes trouble offline, your risk will be infinitely low.
Ms. Yang, the third-party closure of Shanghai Gymboree store: The legal representative and shareholders of the company are not yours, and they have nothing to do with you.
Expert interpretation: can the debtor escape responsibility?
Although professional store closures and "debt intermediaries" have guaranteed that the store will not bear legal responsibility after their own involvement, is this really the case? How to prevent and supervise such organized and malicious store closures?
Lv Laiming, professor at the Law School of Beijing Technology and Business University: From the perspective of the contract system of the Civil Code, the transfer of debts under the contract must be subject to the consent of the creditor. Without the consent of the creditors, no matter who you agree to transfer to, the debt cannot be forgiven.
Guo Mingjie, Dean of the Department of Finance, School of Finance and Economics, Henan Polytechnic University: The new company law only stops at the change of the legal representative, and does not give a change of actual control. So that someone will use the clause to infringe on the public interest, so we are thinking about how to break the arbitrage condition.
Guo Mingjie believes that a fund supervision and information review system should be established for specific prepaid industries, so that the company's operations and changes can be traced. In terms of post-remedy, experts believe that the public security organs should consider cracking down on the criminal offense of "contract fraud" to serve as a warning.
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Editor: Wang Yifan