But the problem was that the exception to the system of denial of corporate personality was easy to say, but it was very difficult to implement.
This was because it required a very complicated legal process to determine that the shareholder was using the LLC to commit illegal activities, and not the LLC itself.
This rule was rarely used in real life situations, and was basically impossible. Therefore, most lawyers ignored it for a good reason.
Based on Lawyer Jin's 20 years of experience, he had only barely won once, but both sides had expended too much effort and lost in the end.
Therefore, Lawyer Jin only paused for a moment before his expression darkened. "Fine, first prove that my client intended to use Dacheng Industries to commit illegal activities, then go to court and see what the judge will decide!"
Zhang Baochen quickly said, "I didn't do that, I can swear! I don't even know what Dacheng Industries does, and I've never interfered with its management! "
"Did you hear that?" Lawyer Jin laughed coldly. "Don't think you can criticize me just because you know a few legal provisions. Go ahead and sue me if you dare! "
Gu Nianzhi smiled and took out a stack of documents marked with a blue label and placed it in front of Lawyer Jin.
"Lawyer Jin, please take a look. These are the military supply contracts Dacheng Industries did with the military."
"These are the serious damages caused by the products supplied by Dacheng Industries during military training."
"These are the conclusions of a third-party independent expert's investigation. Dacheng Industries intentionally used shoddy goods to fill their own pockets, and made undue profits from the military supply business. This caused harm to the soldiers, and posed a threat to our nation's security."
Lawyer Jin's face turned as white as a sheet. He took the documents from Gu Nianzhi and flipped through them one by one, quickly examining the ins and outs of the situation.
"That's not enough to say that my client is breaking the law." Lawyer Jin looked at the documents for a long time, then braced himself and said, "Using shoddy goods as quality is too subjective. If we go to court, I don't believe the judge will find my client guilty of illegal activities."
"Really?" Gu Nianzhi smiled and took out the documents from Huo Shaoheng. This was the most important piece of evidence.
"Then take a look at this?" Gu Nianzhi passed it to Jin Dazhuang. "Dacheng Industries' shareholders, Zhao Da, Zhang Feng, and Zhang Baochen, have used all sorts of methods to transfer the company's cash to their private accounts. At the same time, they set up a shell company in Italy to launder money through Dacheng Industries' bank account."
Lawyer Jin slumped into his chair and let out a long sigh.
If it was the previous evidence, he could still argue and was 70% sure that the court would side with Zhang Baochen.
However, the evidence that Gu Nianzhi had thrown out in the end couldn't be cleared no matter what.
If they really sued Dacheng Industries, the court would definitely judge that the shareholders of Dacheng Industries had used the LLC to make money.
When the crime was proven, not only would he have to pay the compensation, but he would also have to go to jail …
Lawyer Jin swallowed with difficulty and looked at Gu Nianzhi blankly. "What if we choose to reconcile?"
"It's simple. Just sign this." Gu Nianzhi smiled as she pushed the asset survey form back towards him. "Then auction off all the real estate on this form and return all the cash in the bank account to the military. I will plead with the military not to prosecute your client."
Lawyer Jin nodded with a pale face. "Ok, I agree."
Zhang Baochen exploded. He jumped up and pointed at Lawyer Jin's nose. "Are you out of your mind?! You're my lawyer! Why do you have to listen to everything she says?! All these assets are mine! Mine! Why do I have to pay the debts of that stupid company? I don't even know what they owe! "
Gu Nianzhi looked down at her documents and found a copy of Zhang Baochen's signature. She pushed it to the other end of the conference table.
"Mr. Zhang, look at this yourself. This document has your signature and fingerprints."
"What document?" Zhang Baochen took it in confusion and flipped it open. He immediately jumped up. "This, this, this … I don't remember signing such a document!"
The document was a letter of authorization for Dacheng Industries to set up a branch office in Italy. The sole purpose of that branch office was to evade the audit in the country and transfer most of the assets overseas to launder money.
"It's fine if you don't remember. You just have to confirm that this is your signature and the fingerprints are yours," Gu Nianzhi said nonchalantly. Gu Nianzhi said nonchalantly, "The law only recognizes evidence. What you think in your heart has little to do with this case."
Zhang Baochen's hands trembled and his mouth twitched. He actually remembered that his wife had asked him to sign it. She said it was related to Dacheng Industries, so he signed it …
He didn't expect it to be a trap!
Zhang Baochen was so angry that he threw the document on the table and said angrily, "My wife made me sign all this! I don't know what's going on! How can you blame me for this? "
"Mr. Zhang, you're an adult. You have to be responsible for your actions. You're trying to shirk responsibility by saying you don't know? Do you think you're in the right even if you're stupid? "Gu Nianzhi resisted the urge to roll her eyes and ignored Zhang Baochen.
"Lawyer Jin, do you understand now?" Gu Nianzhi chose to communicate with Lawyer Jin. "The Military Audit Office said that Dacheng Industries was' insolvent 'and asked them to use their private assets to repay the debt. The major shareholders of Dacheng Industries, Mr. Zhao and Ms. Zhang, intentionally lied to the military. Not only will they have to cough up the illegal profits, but the military will also have to sue them in court. It's useless even if they declare the company bankrupt. Not only will they lose all their assets, but they'll also have to go to jail. "
This was a crime and they had to bear legal responsibility. It didn't mean they could get away with it just because they were a shareholder.
Zhang Baochen finally understood and pulled Lawyer Jin anxiously. "Lawyer Jin, I don't want to go to jail! I don't want to go to jail! Help me fight the lawsuit! I'll pay any amount! "
As long as he didn't go to jail, he didn't care if he lost all his assets.
Gu Nianzhi snorted and pushed the asset investigation form. "Mr. Zhang, you should sign it. According to your shares, you'll have to bear 265 million of the 5.3 billion military losses. Sell all the assets under your name and add that to your bank account. That should be enough. "
Lawyer Jin sighed and advised Zhang Baochen. "You don't have any other choice. Just do as Miss says. You won't have to go to jail that way. "
Because Zhang Baochen didn't have many shares and wasn't involved in the company's operations, he only had to cough up the dividends he had taken in the past.
The military wouldn't chase after a small shareholder.
Their main targets were Zhao Da and Zhang Feng.
Zhao Da's face turned pale as he listened and finally called out to Zhang Baochen. "Baochen, aren't you going to beg the Chief? Isn't he going to marry your mother? "
Zhang Baochen turned around abruptly. "Shut up! There's no such thing! Don't spout nonsense! "
Zhao Da immediately understood that the marriage had fallen through. His face darkened and his hands tightened until there was almost a hole in the sofa's leather cover.
"I really don't have to go to jail as long as I pay up?!" Zhang Baochen ignored Zhao Da and turned to look at Lawyer Jin. His eyes were about to pop out of their sockets. "Lawyer Jin, can you guarantee that?"
Lawyer Jin looked at Gu Nianzhi. "Miss Gu, if my client pays the money, may I ask if the military can issue a waiver to my client?"
That way, he wouldn't be charged.
Gu Nianzhi nodded with certainty. "Of course. As long as he pays up, I'll apply for a waiver."
Zhang Baochen finally sighed and said to Lawyer Jin, "Then I'll have to trouble Lawyer Jin to calculate all of my assets."
Gu Nianzhi pouted. She thought to herself that Zhang Feng was really good at profiteering. She was already a rich woman, yet she still gave her son a huge sum of money …
But he had to spit it out after eating something that didn't belong to him.
Zhang Baochen picked up a pen and signed the assets investigation form. At the same time, he also signed the authorization to auction the property.
Gu Nianzhi put away the documents and forms that Zhang Baochen had signed into her briefcase and stood up to leave.
She and Zhao Liangze walked out of the Sovereign Descent Law Firm and stood at the elevator. They chatted quietly as they waited for the elevator to come up.
Not long after, the elevator dinged, and the doors opened. He Zhichu, wearing a camel cashmere half-length coat, appeared in front of them, tall and handsome.
Gu Nianzhi instinctively took a step back.
This was the first time they had met since the last time she had a conflict with He Zhichu at his home.
She felt a bit awkward.
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It was the second watch.
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