The daily orchard, which quickly withdrew, is suspected of hiding debts, and the registered place of the new major shareholder is a mystery
Author/ IT Times reporter Sun Yonghui
Editor/ Qian Lifu Sun Yan
Recently, "Lucy Liu" has become the object of many people's search. Why are you looking for Lucy Liu?
It all starts with a letter of notice and a change in a relationship.
Recently, the closure of Shanghai City Supermarket (hereinafter referred to as "Shanghai City Supermarket") has attracted widespread attention. The company stated in the notice issued on April 15 that the company decided to dissolve and stop the operation of all stores of Shanghai Chengchao from April 16, 2024.
Three days before the issuance of the notice, the super-majority shareholder of Shanghai City changed, and Shanghai Tiantian Fresh Fruit E-commerce Co., Ltd. (hereinafter referred to as "Tiantian Orchard"), which once held 90% of the shares, withdrew, and Shanghai Tianlian Trading Co., Ltd. (hereinafter referred to as "Shanghai Tianlian"), which was established on March 25 this year with a registered capital of only 50,000 yuan, took over. The legal representative of Shanghai Chengchao has also been changed from Wang Wei, the founder of Tiantian Orchard, to Liu Yuling. According to the enterprise investigation, Liu Yuling is also the legal representative of 12 surviving enterprises, including Shanghai Tianlian, Shanghai Chengchao, Shanghai Haocaiji Enterprise Management Co., Ltd., and Shanghai City Food Distribution Co., Ltd. However, the reporter visited and found that the registration place of many enterprises, including Shanghai Tianlian, where Liu Yuling is the legal representative is a mystery.
Problems such as the debt left by Shanghai Chengchao still need to be resolved. Tiantian Orchard withdrew 3 days before the closure of Shanghai City, and was questioned by the media as "golden cicada shelling". Xia Baishun, a practicing lawyer at Shanghai Yingdong Law Firm, said that if the court accepts the bankruptcy of Shanghai Chengchao, after the subsequent bankruptcy administrator intervenes, it will specifically analyze whether the legal responsibility of Tiantian Orchard, which is suspected of evading debts, can be investigated through judicial channels.
Every day, the orchard office is empty
Not only was Shanghai City Super closed, but the reporter found that the daily orchard seemed to have disappeared from the line.
According to the official website of Tiantian Orchard, the company's address is located on the 4th-5th floor, No. 71-72, Lane 887, Zuchong Road, Pudong New Area, Shanghai. On April 23, a reporter from "IT Times" came to the site for a visit, and the floor sign in the lobby showed that Tiantian Orchard was located on the 4th floor. But after coming to the 4th floor, the reporter found that the floor was empty. "The 4th floor has been rented to our company. Wang Hao (pseudonym), who is engaged in the field of medical devices, told the "IT Times" reporter that he joined the company in December last year, when the fourth floor was empty.
A company that has a debt dispute with Shanghai Chengchao has taken Shanghai Chengchao to court, and also named Tiantian Orchard as a defendant. A relevant person from this company showed a notice of relocation of Shanghai Chengchao on November 8, 2023, which mentioned that the address was moved from the 4th floor, No. 71-72, Lane 887, Zuchong Road, Pudong New Area, Shanghai, to Unit 701, East Block, No. 345 Tianshan Road, Changning District, Shanghai. However, according to media reports, the address was also empty.
A person related to the company said that the store closure notice was the last news they received.
At the same time, the reporter searched on Dianping and Meituan App with "Tiantian Orchard" as the keyword, and the page showed three stores, Lianyang Store, Zuchong Road Store and Oriental Meigu Avenue Store, and marked with the word "to the store". According to the address provided on the page, the reporter recently came to the F1 floor of the neighborhood house, No. 30, Lane 1399, Dingxiang Road, Pudong New Area, that is, the "Tiantian Orchard" Lianyang store, and saw the closed "City Shop" (City Supermarket). On one side, a restaurant to be opened is under construction. A security guard at the scene told the "IT Times" reporter that the location of the hotel is the location of the original city supermarket, and the daily orchard is in the city supermarket, and now it no longer exists with the closure of the store.
On a map software, it shows that there are "Tiantian Orchard" stores on the 1st floor of the West Block of Bingu Plaza, No. 341 Tianshan Road, Changning District, and Hongquan Road, Jixiang Hotel, Minhang District. When the reporter went to the above two places, he found that the former was a closed city supermarket, and the latter was a fruit store "Fruit Xiansen". "This used to be the 'Everyday Orchard', and I picked up the goods in it. The takeaway brother who has been running in the neighborhood for 2 years told reporters. When the reporter asked the store staff about the situation, he got a reply that "the store has nothing to do with the previous store at all".
Daily Orchard customer service: There are no offline stores
After searching in many ways, the reporter did not find the office and offline stores of Tiantian Orchard, so he asked the customer service staff through the "Tiantian Orchard FRUITDAY" official account and the "Tiantian Orchard Preferred" applet.
The reporter called the customer service number displayed on the official website of Tiantian Orchard, and the staff said: "Tiantian Orchard is an e-commerce company, there is no direct physical store, you have to place an order, just place an order through the App or WeChat applet." ”
Subsequently, the "IT Times" reporter visited the warehouse of "Tiantian Orchard" in Qingpu District, and at about 7 o'clock in the evening, there were still several staff wearing "fresh express" overalls printed in the warehouse were busy, and several boxes of drinks were stacked at the door. According to the company's investigation, "Xian Express" is a trademark registered by Tiantian Orchard in 2015.
Sad for the seven-year itch
What is the relationship between Tiantian Orchard and Shanghai City Super?
It is understood that Tiantian Orchard launched the O2O strategy in August 2015, adopting the approach of "store + front warehouse", and laid out nearly 50 offline stores in Beijing, Shanghai, Guangzhou and Shenzhen. But a year later, Tiantian Orchard closed a large number of offline stores.
But Tian Tian Orchard did not give up the O2O road. In March 2017, the legal representative and general manager of Shanghai Chengchao was changed from Cui Yiying to Wang Wei, the founder of Tiantian Orchard, until February this year, the legal representative was changed from Wang Wei to Liu Yuling. In the past seven years of cooperation, the two parties have integrated the fresh consumption business to create a new boutique fresh retail format that integrates online and offline.
According to a 2017 report by Beijing Business Daily, the cooperation between the two is as follows: first, Tiantian Orchard will be responsible for operating 15 offline stores of Shanghai Chengchao, sharing fresh supply chain resources with Shanghai Chengchao, and consumers can buy the same fresh products as on the Tiantian Orchard App in Shanghai Chengchao's offline stores; Resources such as the central kitchen will also be opened to Tiantian Orchard to gradually expand the daily SKU of Tiantian Orchard;
Seven years later, the collaboration came to an end. In a recent notice, Shanghai Chengchao said: "Business is struggling, and despite a variety of self-help measures, it is still unsustainable. ”
Can the daily orchard "cut" the debt after withdrawing?
Shanghai Chengchao also stated in the notice that after the closure of business, it intends to solve all the debts left by the company in accordance with the law, properly and fairly within the framework of the law, and protect the rights and interests of all creditors to the greatest extent.
However, the registered capital of the receiver "Shanghai Tianlian" is only 50,000 yuan, the registered address is actually in a nursing home, and the registered address of a number of enterprises with Liu Yuling as the legal representative is a mystery, which inevitably makes people wonder, can the debt problem be properly resolved?
In addition to being the legal representative of "Shanghai Tianlian", Liu Yuling is also the legal representative of Shanghai Haocaiji Enterprise Management Co., Ltd. and other enterprises. The reporter of "IT Times" recently came to the registered address of Shanghai Haocaiji Enterprise Management Co., Ltd. - No. 350, Xianxia Road, Changning District, Shanghai, and found that the place is actually the location of Shanghai University of Engineering Science. When talking about the location of Room 107 on the first floor of Building 14, the school security guard and school personnel said, "I haven't heard of it, I don't know."
Source: Qichacha
In a relatively short period of time, Lucy Liu became the legal representative of many enterprises. "If a person can become the legal representative, there is a high probability that it is a real person. Xia Baishun, a practicing lawyer at Shanghai Yingdong Law Firm, told the IT Times that the situation does exist, and it is difficult to say whether it is normal.
Regarding the change in the equity and relationship of the enterprise involved, Xia Baishun believes that the Civil Code gives citizens the ability to possess, use, benefit and dispose of property, so shareholders have the right to dispose of the equity held by individuals, and the change of the equity relationship involved in the case is still within the space permitted by law. However, in this case, this change is suspected of maliciously evading debts, depending on the time of the change and the chronological order of the effective judgment documents, as well as the financial situation of Shanghai Chengchao, etc., and it is ultimately up to the people's court with jurisdiction to determine whether there is bad faith and whether Tiantian Orchard can be required to bear the corresponding debts within the scope of the unpaid capital contribution.
"According to the public information inquiry, Shanghai Chengchao is still in a state of existence, which means that the creditor can make a final ruling at the enforcement stage (the ruling that the enforcement procedure is terminated because the debtor has no property) based on the effective judgment documents in its possession, and apply to the court for bankruptcy of Shanghai Chengchao as soon as possible. He believes that if the court accepts the bankruptcy of Shanghai Chengchao, after the subsequent bankruptcy administrator intervenes, it will specifically analyze whether the legal responsibility of Tiantian Orchard, which is suspected of evading debts, can be investigated through judicial channels. In addition, Shanghai Chengchao is also suspected of evading debts through disguised "illegal capital reduction", and the above two points are litigation and rights protection ideas worth excavating.
Regarding the progress of the above-mentioned company's case, a relevant person from the company told the "IT Times" reporter that the court is hearing the case, and the first trial has been held on March 5, and the verdict is expected to be issued in May.
Typesetting / Ji Jiaying
Photo/ Qichacha IT Times
Source/"IT Times" official account vittimes