In the past two days, an incident of "2.8 billion deposits being inexplicably pledged" has attracted social attention. A pharmaceutical company called Jimin Trust claimed that its 2.8 billion deposits in Bohai Bank were unknowingly used as collateral by the bank to guarantee a loan to another enterprise. What's going on here?
2.8 billion yuan of deposits were inexplicably pledged The depositor questioned Bohai Bank
On the afternoon of August 19, 2021, Yu Jianghua, the general manager of Wuxi Jiyushanhe Pharmaceutical, a subsidiary of Jimin Credible Group, suddenly received a phone call starting with the area code 025 in Nanjing, Jiangsu Province. The other party introduced himself as a counter staff member of the Nanjing branch of Bohai Bank, saying that someone was handling a deposit pledge business of Shanhe Pharmaceutical with a quota of 500 million yuan at the counter.
Yu Jianghua, general manager of Wuxi Jiyushanhe Pharmaceutical Co., Ltd.: I went to inquire about the internal financial staff of our company, and the reply was that no one was doing business there.
Subsequently, Yu Jianghua called back and asked the bank to immediately stop accepting the corresponding business. She told reporters that just 3 days before receiving the call, their company had just deposited a deposit of 500 million yuan into the account. Subsequently, she reported the situation to the parent company, Jimin Trust group. The financial staff told reporters that since November last year, their two subsidiaries have deposited a total of 3.3 billion yuan in Bohai bank accounts, mainly purchasing a time deposit product called "New Easy Deposit". The day after receiving the call, they found that except for the last 500 million yuan in the account, the rest of the deposit could not be withdrawn.
Wang Qingchun introduced that on the day of the meeting on August 21, a total of 4 people came from the other side, of which 2 were the general manager and assistant general manager of the sales department of Bohai Bank Nanjing Branch, and the other 2 people were introduced to be from the lender company - Huaye Petrochemical Nanjing Co., Ltd. In other words, Jimin's trusted deposits were pledged to the company as a loan guarantee. However, their company has no connection to the company and has no business dealings.
Guan Pengcheng, assistant general manager of the business department of Bohai Bank Nanjing Branch: Since this incident has happened, I hope that this 500 million yuan from last week will continue to pledge Huaye Petrochemical, and you will definitely laugh. Once the loan pledge cannot be renewed on August 25, the loan will be overdue, and our bank will deduct your certificate of deposit on behalf of the bank. You called the police, the entire 2.8 billion certificates of deposit are all frozen, and you can't take the certificate of deposit, and you can't take the money.
The pledge was not lifted and the depositor's bank said that it had reported the case
According to the recording of the meeting given by Jimin Credible, the solution given by the personnel of bohai Bank Nanjing Branch not only failed to explain how their deposits were pledged, but also hoped that they could pledge another 500 million yuan to continue to help third-party enterprises to guarantee loans.
Wang Qingchun of Jimin Trust Group said that because the deposits have been pledged, on the evening of August 24, they went to the Nanjing branch of Bohai Bank with an official notice letter to negotiate.
Wang Qingchun said that the communication on the evening of August 24 was still inconclusive, but the next day they received a prepared application from bank personnel. The content is based on the trusted subsidiary of Jimin, and the bank applies for an extension of the deduction of the pledged deposit. At more than 8 o'clock that night, when they inquired, they found that the company's account had been deducted 500 million yuan.
Wang Qingchun, director of the legal affairs department of Jiangxi Jimin TrustEd Group: 500 million yuan was transferred away, and the next day more than 50 million yuan was returned, after the transfer, we were very shocked, we went to the counter, took all our procedures, asked them to transfer all the business materials since the opening of the account, transferred to us, we wanted to take this thing to the police, they refused to provide.
After repeated unsuccessful communications, on September 3, Jimin's trusted subsidiary reported the case to the police in Wuxi, Jiangsu Province.
Chao Fu, manager of the capital management department of Jiangxi Jimin Trusted Group: 450 million yuan has been transferred, and now there are still 2.3 billion yuan in the state of pledge.
The reporter's investigation found that on September 10 and September 13, the lender Huaye Petrochemical and its parent company had several records of pledging the equity of the subsidiary to the Nanjing branch of Bohai Bank. But when reporters tried to get in touch with the company, the phone never went unanswered.
Bohai Bank issued an announcement on October 24, saying: "Abnormal behavior between enterprises has been found, and the case has been reported to the public security organs and judicial solutions have been sought in accordance with the law." "And commitment to safeguard the legitimate rights and interests of customers and ensure the safety of funds." Subsequently, Jimin Credible Group publicly published a document "Six Questions Bohai Bank" to question it. The reporter contacted the Nanjing branch of Bohai Bank by phone to verify the relevant situation, but did not receive a substantive reply or call back.
The pledge handling materials have not been disclosed The case is still in the investigation stage
During the investigation, the reporter learned that at present, this case is still in the stage of police investigation and has not formed a final conclusion. The core doubt is whether there are complete relevant formalities in the process of the pledge of the deposit of Jimin Trusted Group? Who exactly provided the materials? Are banks strictly verified?
Jimin credible staff told reporters that as early as March this year, when their subsidiary was audited, the accounting firm also inquired from the Nanjing branch of Bohai Bank to confirm that the corresponding deposits "did not have freezes, guarantees or other restrictions on use." Judging from the post-issuance communication, the deposit had become a collateral for a third-party loan at that time.
The reporter learned that if the deposit is to be used as collateral, it is generally necessary to provide a number of supporting materials when handling, and under normal circumstances, the bank-side audit is also more stringent.
Banking insiders: As a guarantor, you need to sign a guarantee agreement with the bank, the bank must see it to think that your guarantee is valid, it will definitely include the company's official seal, as well as the signature or private seal of the legal person. In the process of underwriting, in principle, the staff of the two banks is required to go to the door to sign together. Of course, the enterprise has the right to apply for access to the image of the file, which is a reasonable request of the customer.
Jimin Credible Group has repeatedly stressed that they have not seen any relevant materials for more than 2 months.
Li Yuan, senior partner of Beijing Jingshi Law Firm: The most core link in this incident is how the pledge insurance policy is issued, which is a problem that the bank needs to explain to the public at present. If it is a third-party company, they have created some false materials, or with the help of internal personnel of the bank, or the information of deposits and certificates of deposit provided by other channels, submitted to the bank to apply for a loan, there is no doubt that it is the crime of fraudulently obtaining a loan. If it is a staff member of a financial institution, in the process of issuing relevant insurance policies or guarantees, the obligation of due diligence is not fulfilled, which may constitute the crime of issuing financial documents in violation of the law under China's criminal law. If it can be verified to be true, such a amount is obviously already a particularly serious situation, and it is possible to bear a fixed-term imprisonment of more than 5 years.
Source: CCTV Finance (ID:cctvyscj)
Column Editor-in-Chief: Gu Wanquan Text Editor: Li Linwei Title Image Source: Figure Worm Image Editor: Zhu Xuan
Source: Author: CCTV Finance