Recently, Zhang Yongfa, the founder of Blue Sky Rescue Team, accused his assistant Cao Weiwei in a video, saying that in order to seek personal interests, he turned the legal representative of Blue Sky into a personal name by stealing official seals and forging information.
In the video, Zhang Yong first introduces the achievements of the Blue Sky Rescue Team, and emphasizes that the Blue Sky Rescue Team has long decided to volunteer in the field of emergency rescue, without charging any fees, advertising or naming. At the same time, Zhang Yong also revealed that with the improvement of the brand awareness of Blue Sky Rescue Team, many cooperation opportunities were obtained, but they were all rejected. In order to further improve his ability, Zhang Yong said that his main focus is on the development of professional skills training and the training of domestic and foreign reserve talents.
Zhang Yong then handed over the other main work of the Blue Sky Rescue Team to Cao Weiwei, an assistant, but he didn't expect Cao Weiwei to be so interested that he was "backstab".
According to public information, Zhang Yong was the founder of the Blue Sky Rescue Team, once served in the Armed Police Force, and obtained a bachelor's degree in law from Hebei University. In 2007, Zhang Yong founded Shan Ye Rescue Team, the predecessor of Blue Sky Rescue Team; In 2009, Zhang Yong initiated the establishment of the National Emergency Rescue Alliance. The Blue Sky Rescue Team initiated by the Union is the first registered non-governmental support and rescue organization in China, with independent legal personality, and there are volunteer teams of the Blue Sky Rescue Team all over the country.
Cao Weiwei used to be the head of brand management of Blue Sky Rescue Team and the captain of Beijing Blue Sky Rescue Team.
Zhang Yong: Cao Weiwei set up a new company to seek profits, forged materials and embezzled legal representatives.
Zhang Yong accused Cao Weiwei and his team of owning the blue sky rescue brand, gaining personal benefits through training and accepting social donations, and taking the blue sky as their own.
Cao Weiwei set up a company related to Blue Sky Rescue and used the training of "emergency rescuers" to earn volunteer training fees. Zhang Yong said that after he discovered this, he asked for an audit. However, this move affected the real interests of Cao Weiwei's team, so he controlled the Blue Sky Rescue brand through a series of planning.
Zhang Yong said that in the past few years, Cao Weiwei has been organizing personal attacks and rumors against herself. He also stole the official seal from the organization, pretending to be Zhang Yong's signature and transferring personal clothing patents; Also find someone to pretend to be Cao Weiwei's boyfriend and go to the Civil Affairs Bureau to make trouble.
On February 25, 2022, Zhang Yong suddenly discovered that the legal representative of Beijing Blue Sky Rescue Team was changed to Cao Weiwei, but he knew nothing about it. The Beijing Blue Sky Rescue Team was in the rectification period for six months.
Later, in the video, Zhang Yong raised several questions.
First, can a criminal suspect who is suspected of duty embezzlement, who has taken criminal compulsory measures and is still in the stage of criminal investigation, be the legal representative of the invaded party?
Second, how can the relevant departments approve the changed materials when the original legal representative has no knowledge, and the approval materials are full of loopholes, and the positions are inconsistent with the resolutions of the board of directors?
Third, Zhang Yong claimed to have obtained the change information from the administrative examination and approval office, and the other party responded that the information met the requirements and the leader approved it.
At the end of the video, Zhang Yong said that Beijing Blue Sky will defend its rights and interests with legal weapons.
Investigation: Is there any basis for Zhang Yong's accusation?
Briefly summarize the accusation against her assistant Cao Weiwei in Zhang Yong's video:
First, set up a company related to Beijing Blue Sky Rescue to earn volunteer training fees for commercial benefits;
Second, steal the official seal, pretend to be Zhang Yong's signature, and steal the patent under his name;
Third, Cao Weiwei is a suspect suspected of duty embezzlement and is still in the criminal investigation stage.
Fourthly, the legal representative of Blue Sky Rescue Team was changed to Cao Weiwei without Zhang Yong's knowledge.
On the above four points, Sanyan Finance made a survey.
First of all, Cao Weiwei did register and establish Blue Sky Rescue Co., Ltd. in August 2020.
Cao Weiwei, the legal representative of the company, has a registered capital of 50 million yuan and was established on August 26, 2020. The shareholders of the company are Cao Weiwei, Luo and Wang Yi, with the shareholding ratios of 33.34%, 33.33% and 33.33% respectively. Among them, Cao Weiwei is the executive director of the company.
In addition, industry and commerce information shows that Cao Weiwei has only one company, Blue Sky Rescue Co., Ltd. ..
Secondly, regarding Cao Weiwei's fraudulent use of Zhang Yong's signature to steal the patent under her name, according to an eye-catching investigation, there is indeed a court announcement on the dispute over patent ownership between Zhang Yong and Beijing Blue Sky Rescue Team.
According to the announcement, the Beijing Intellectual Property Court held a hearing on March 3, 2022 to hear the case of patent ownership dispute between Zhang Yong and Beijing Blue Sky Rescue Team.
Thirdly, regarding Zhang Yong's accusation that Cao Weiwei is a suspect suspected of embezzlement, Sanyan Finance noticed that the Blue Sky Rescue Team has issued an announcement.
The announcement was issued on September 1 1 day, 2020. The announcement said that in the recent audit of Beijing Blue Sky Rescue Team, it was found that Cao Weiwei, the current captain and brand director of Beijing Blue Sky Rescue Team, had major economic problems. At present, he has reported the case to the public security organ, submitted relevant evidential materials, and reflected the problem to the competent civil affairs department.
At the same time, Blue Sky Rescue Team found that Cao Weiwei and other members of the board of directors set up Commercial Blue Sky Rescue Co., Ltd. with Cao Weiwei as the legal representative without any declaration and notification procedures. In view of the above situation, it was decided to suspend Cao Weiwei from all her duties in the Blue Sky Rescue System, pending the investigation results of the police.
The announcement was signed by the chief commander of Blue Sky Rescue, the legal representative and chairman of Beijing Blue Sky Rescue Team, with the signature of Zhang Yong.
Fourthly, regarding the change of the legal representative of Blue Sky Rescue Team, Sanyan Finance noted that Zhang Yong was indeed the legal representative of Blue Sky Rescue Team.
According to a civil ruling on Beijing Blue Sky Rescue Team published by China Judgment Document Network, the legal representative of Beijing Blue Sky Rescue Team was Zhang Yong in May 20021year.
According to Sky Survey, the legal representative of Beijing Blue Sky Rescue Team has been changed to Cao Weiwei.
Cao Weiwei: Zhang Yong's one-sided words have no evidence.
Does this mean that the allegations in Zhang Yong's video are true? In order to verify this matter, Sanyan Finance contacted Cao Weiwei, the party concerned, and the other party responded to Zhang Yong's allegations one by one.
Cao Weiwei said that the fact is that Zhang Yong took the Blue Sky Rescue Team for his own benefit, deliberately confused right and wrong and fabricated facts, and all the accusations against him were unfounded.
First of all, regarding the establishment of Blue Sky Rescue Co., Ltd., Cao Weiwei said that Zhang Yong registered the company first because it wanted to be commercialized.
Cao Weiwei revealed that in order to prevent the "Blue Sky Rescue" brand from being commercialized, he registered Blue Sky Rescue Company and promised that the company would not carry out any business. "At that time, Zhang Yong was in a hurry, so I registered first and couldn't make him profitable."
At the same time, Cao Weiwei sent Sanyan Finance a recording allegedly recorded by Zhang Yong at a meeting. In the recording, suspected Zhang Yong said:
"If the Beijing Civil Affairs Bureau does not give us the competent unit, I will cancel its corporatization; I will never leave it to xxxx. The brands of Blue Sky for so many years are made by the headquarters. Beijing has a bottom line. What should you do? But never touch the bottom line. Finally, no one quit, and the blue sky finally dispersed. I will get Zhang Zi's permanent authorization. Nobody cares about anyone. Go ahead. I don't need to ask the Civil Affairs Bureau to stamp me. "
However, regarding the specific time and place of this recording, Cao Weiwei did not explain.
Second, regarding the theft of the official seal, Cao Weiwei said that it was purely one-sided. After Huairou Public Security Bureau filed an investigation, the conclusion was that the evidence was untrue.
Thirdly, regarding Zhang Yong's accusation of Cao Weiwei's embezzlement, Cao Weiwei responded that Zhang Yong had filed a lawsuit with Miyun Public Security Bureau, but after investigation, Miyun Public Security Bureau did not file a case. Cao Weiwei also provided Sanyan Finance with a case information statement issued by Xibinhe Police Station of Miyun Branch, which showed that no case was filed.
In addition, Zhang Yong did file a lawsuit of "Cao Weiwei stealing patents" with the Beijing Intellectual Property Court, but Cao Weiwei said that Zhang Yong finally withdrew the lawsuit himself.
Fourthly, regarding the change of legal representative, Cao Weiwei provided Sanyan Finance with photos of the minutes of the board meeting of Beijing Blue Sky Rescue Team on June, 2020 14.
According to the minutes of this meeting, on the afternoon of June 14, 2020, Beijing Blue Sky Rescue Team held a board meeting. Attending the meeting were Cao Weiwei, Feng, Sun Jianguo, Tian.
The meeting agreed to resign as the director of Beijing Blue Sky Rescue Team, add Tian as the director, and elect Feng as the deputy director and Cao Weiwei as the captain.
At the same time, the meeting decided that if the Blue Sky Rescue brand is transferred from Beijing Blue Sky Rescue Team, the legal representative and director will have one vote of veto to ensure that the brand continues to belong to Beijing Blue Sky Rescue Team;
In addition, the meeting also confirmed that Cao Weiwei, the legal representative, and Zhang Yong, the chairman, remained unchanged, and the team leader responsibility system was implemented. The captain is the legal representative of Beijing Blue Sky Rescue Team. If Cao Weiwei is not human, he will be automatically transferred to Zhang Yong. If Zhang Yong doesn't become a director, he will automatically transfer to Cao Weiwei.
At the end of the meeting minutes, all the participants, including Zhang Yong and Cao Weiwei, signed their names.
Cao Weiwei said that the resolution of the board of directors was witnessed by lawyers at that time. "If Zhang Yong thinks that we forged the signature and changed the legal representative, he can call the police and sue."
In addition, Cao Weiwei also revealed that Zhang Yong had gone to court to sue for the return of the license, but in the end they all dropped the lawsuit.
Sanyan Finance noted that Beijing Miyun District People's Court published two civil rulings in May, 20021year, respectively, v. Tian and Feng Zheng Zhao.
However, Zhang Yong, the plaintiff in both cases, filed an application for withdrawal and was recognized by the court.
Cao Weiwei said that Zhang Yong wanted to seek personal interests, so the Council decided to change the legal representative. "All Zhang Yong's allegations were unsupported by any evidence, so he dropped them himself." .
From a commercial company to a non-profit organization, the legal person will be replaced and become Rashomon?
Sanyan Finance tried to contact Zhang Yong, but has not received a response.
Early this morning, Beijing Blue Sky Rescue Team also issued a statement in response to this incident, saying that Zhang Yong is no longer a legal person of Beijing Blue Sky Rescue Team, and all his remarks have nothing to do with Beijing Blue Sky Rescue Team. Regarding Zhang Yong's libel, the Beijing Blue Sky Rescue Team has initiated legal proceedings and the judicial department has launched an investigation.
At this point, the two sides have their own words, which seems to be "Rashomon" again.
In the course of the company's operation, there are more than one case of disputes caused by problems related to the legal representative. Sanyan Finance has written many similar cases, such as the dispute between Zhan Ke Tuan and Wu in Bitland and the problem between Dangdang and his wife.
These two incidents involved the replacement of the legal representative of the enterprise and the management of the official seal, especially the incident of "grabbing the official seal" in Li Guoqing at that time, which triggered a heated discussion.
Sanyan Finance analyzes the domestic legal person change procedure in detail:
1. Make an appointment to change the company legal person on the website of the industrial and commercial bureau where the company is registered.
2. Download the corresponding information on the website of the industrial and commercial bureau where the company is registered and fill it in truthfully.
3. Take the materials to the Industrial and Commercial Bureau to get the reservation number and hand in the materials.
4. If there is any doubt about the materials or other certificates are required by the local industrial and commercial bureau, the materials shall be supplemented.
5. If the materials are passed without doubt or supplemented, notice of change will be received.
6. Set a time to go to the Industrial and Commercial Bureau to get a new business license.
7. Carve a new company seal in the carving company.
8. Bring a new business license and all seals to the bank to change the account opening license and seal.
The original legal person does not need to be present during the above-mentioned legal person change process.
However, it is worth noting that the original board of directors must sign the original legal person in the resolution of the shareholders' meeting among the materials needed to change the legal person. At the same time, the official seal of the company is also required to amend the articles of association and resolutions of the shareholders' meeting.
So in this blue sky rescue team incident, according to the decision of the relevant meeting, the official seal holder is not Zhang Yong, so the focus of the dispute is actually whether the signature is Zhang Yong himself.
In this regard, Zhang Yong said that Cao Weiwei forged his signature; Cao Weiwei stressed that if it is forged, Zhang Yong can sue the police at any time.
Sanyan Finance will continue to pay attention to the dispute of the Blue Sky Rescue Team.