Recently, “BYD’s official seal and Wang Chuanfu’s signature were forged” was brought to the forefront.
Around September 20, there was market news that BYD’s subsidiary wholly acquired Nanning Xiaozhongzheng Commercial Secretary Co., Ltd. and renamed it BYD (Guangxi) New Energy Co., Ltd., with a sudden increase of registered capital from 300,000 yuan. to 100 million yuan.
However, as a “buyer”, BYD has no knowledge of the so-called acquisition. According to the investigation, all the changed materials such as BYD’s official seal and Wang Chuanfu’s signature were forged by Xiaozhongzheng Business. BYD then clarified to the media that the company has no investment or business relationship with BYD and has called the police.
At present, the Nanning Municipal Administrative Examination and Approval Bureau of Guangxi has cancelled the change registration, and the industrial and commercial information of “Li Gui” company has been restored to the information before the change.
Is it really worth it to risk 3 years in prison to forge official seals and signatures? How much can you earn by “rubbing” on BYD?
Regarding the responsibility for forging official seals and signatures, Sohu Technology interviewed lawyer Zhang Yuhao of Beijing Zhongqin Law Firm.
Zhang Yuhao said, “The act of forging the company seal obviously disrupts the normal company seal management system in the market economy.Violation of the normal order of activities of the company and its goodwill is an illegal or criminal act that may be investigated for administrative or criminal responsibility. “
The second paragraph of Article 280 of the “Criminal Law of the People’s Republic of China” clearly stipulates the crime of forging a company seal and its punishment standards, namely: “Whoever forges the seal of a company, enterprise, institution or people’s organization shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights, and shall also be fined.”
According to the above provisions, the crime of forging a company seal is an act crime, that is, as long as the perpetrator completes the act of forging a company seal, the objective aspect of the crime is complete, and it constitutes a completed form, which constitutes a crime in principle.The criminal responsibility of the specific responsible person needs to be investigated。
It should be noted that although the crime of forging a company seal is an act crime, Article 13 of my country’s Criminal Law stipulates“If the circumstances are obviously minor and the harm is not serious, it is not considered a crime”。
Therefore, forRemarkably minor forgery of the company sealas occasionallyForgery of seals used for lawful acts，Forging and using the seal of the company and other units without serious consequencesArticle 52 of the Law stipulates that forging, altering or buying or selling official documents, certificates and certification documents of state organs, people’s organizations, enterprises, institutions or other organizations , stamped,Those who are detained for not less than 10 days but not more than 15 days may concurrently be fined not more than 1,000 yuan; if the circumstances are relatively minor, they may be detained for not less than five days but not more than 10 days, and may be concurrently fined not more than 500 yuan.
However, in specific judicial practice, there have also been cases where the forged company bears civil liability to a bona fide counterparty after an economic dispute arises due to forgery.Zhang Yuhao said: “This is often because the perpetrator of the forgery of the official seal has objectively formed the performance of the power of agency, and the counterparty subjectively believes that the perpetrator has the power of agency in good faith and without fault.”
For example, the person who forged the official seal and signature may be a former employee of the company or a family member of an executive who is inextricably linked to the company, making the partner company believe the authenticity of the seal or signature.
However, in the case of BYD, this interpretation does not apply. BYD will promptly report to the police after discovering that the seal has been forged. If there is an economic dispute, it can also “clear” the fault, so that the goodwill of the company is not harmed.
How much does BYD earn by “rubbing”?
It should be noted that this is not the first time BYD has been “impersonated”.
As early as 2018, BYD was caught in the “Advertising Rashomon”, an advertising fraud case involving up to 1.1 billion yuan that spanned three years and made BYD the headlines of the automotive media for several days.
In July 2018, BYD stated in the “Statement on Li Juan and Others Fraudulently Using BYD’s Name to Carry Out Related Businesses” that Li Juan faked the identity of the general manager of the Marketing Department of Shanghai BYD Electric Vehicle Co., Ltd., forged many BYD seals, and used BYD’s name. Cooperate with a number of units and institutions in advertising and promotion.
On December 31, 2019, the Shanghai Pudong New Area People’s Court issued a criminal judgment. Li Juan was convicted of contract fraud and sentenced to 14 years in prison, deprived of political rights for three years, and confiscated RMB 5 million of property.
Going back to this case, BYD’s successive layout in Guangxi in the past quarter has also provided a favorable background for the success of Xiaozhongzheng Business‘s ability to falsify information.
According to media reports, in July this year, BYD established three new companies: Nanning BYD New Materials Co., Ltd., Nanning BYD New Energy Vehicle Comprehensive Test Field Co., Ltd. and Guangxi ASEAN Fudi Battery Co., Ltd. In September, BYD officially started construction of a 10GWh hybrid battery and 5GWh new battery project in Nanning with a total investment of about 8 billion yuan and a total land area of about 975 mu.
In the past three years, riding the east wind of “new energy”, BYD’s various business growth can be described as “rapid”, whether from the feedback of the capital market or from its own business development.
In the five years from 2014 to 2019, BYD’s share price has been stagnant at 40-50 yuan. It was not until mid-2020 that it ushered in explosive growth, reaching as high as 339.4 yuan at one point, and the market value once exceeded the trillion yuan mark, and it doubled 8 times in two years. As of the last trading day, BYD’s share price was at 273 yuan, with a total market value of 794.6 billion yuan.
Public information shows that BYD’s sales in August reached 175,000 units, an increase of 155% over the same period last year; at the same time, BYD’s August production-sales ratio reached 100.3%, basically in a state of full production and sales. From January to August this year, BYD’s cumulative sales have reached 984,000 units, a year-on-year increase of 164%, and will soon break the million-dollar sales mark.
After BYD “takes off”, BYD concept stocks on the market also take advantage of the east wind, and individual stocks in the related industry chain benefit one after another.
The largest market value of BYD’s concept stocks is Enjie, which mainly provides wet diaphragms. Its stock price has risen from 50 yuan in April 2020 to a maximum of 306 yuan, and has doubled in one and a half years.
BYD is Fengyuan’s largest customer of cathode materials. On the last trading day, Fengyuan shares rose by the daily limit. Since it became a supplier to BYD in July 2021, its share price has tripled as much as 14 months. In the past three years, the compound growth rate of net profit was 116.5%.
Fuyao Glass, the core supplier of BYD’s full-vehicle glass, currently has a market value of nearly 100 billion yuan. Its stock price has risen rapidly since April 2020, from around 20 yuan to 64 yuan in early 2021.
However, under the influence of market factors such as “Buffett’s first reduction in holdings in 14 years”, BYD’s share price has also fallen recently, and related concept stocks have also experienced different levels of share price decline. For example, the share price of Enjie shares on the latest trading day was 187 yuan , which has dropped by nearly 40% compared to the highest point.
It can be seen that it is not a good thing to “rub” BYD hard, and even if you really “take” a free ride with BYD, it cannot guarantee that it will always be smooth sailing.Return to Sohu, see more