(QBĐT) - The Investigation Police Agency (IPA), the Provincial Police are investigating a crime report against Mr. Nguyen Quang Hai, Chairman of the Board of Directors (BOD) of Phu Sa Do Trading and Tourism Joint Stock Company (hereinafter referred to as the company), located in Hai Thanh Ward, Dong Hoi City, regarding his being "accused" of organizing the sale and "false" sale of shares to defraud and appropriate tens of billions of VND from investors.
Organization creates "fake" documents to sell "false" shares!
According to the reporter's private source: The Investigation Police Agency, the Provincial Police have received a complaint from Ms. Le Thi Hong (born in 1975, in Dong Hai ward, Dong Hoi city) and are investigating the source of information about the crime against Mr. Nguyen Quang Hai (residing in Hai Thanh ward, Dong Hoi city) and Mr. Nguyen Quang Minh (residing in Dong Son ward, Dong Hoi city - Mr. Minh is Mr. Hai's brother) who were "accused" of defrauding tens of billions of dong from organized investors.
According to Ms. Le Thi Hong, in early 2020, Mr. Nguyen Quang Hai and Nguyen Quang Minh came to her house many times to persuade her to buy back shares in the company that Mr. Minh owned. Mr. Hai, as the chairman of the company's Board of Directors, gave Ms. Hong many documents and papers showing that Mr. Minh owned 45% of the shares, out of the company's total charter capital worth 120 billion VND. The documents were all stamped and signed by Mr. Hai. Believing Mr. Hai and Minh, Ms. Hong (representing the group of investors) agreed to buy back 1.8 million shares from Mr. Minh worth 18 billion VND (accounting for 15% of the company's charter capital).
On June 30, 2020, Ms. Hong transferred the full amount to Mr. Minh as agreed and the transfer contract between the two parties was signed with confirmation from Mr. Hai - the company's legal representative; on August 5, 2020, Ms. Hong was added to the company's list of shareholders and elected as a member of the company's Board of Directors.
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However, on March 4, 2022, Mr. Hai suddenly sent a dispatch to the Business Registration Office, Department of Planning and Investment (DPI) denying all contracts for the purchase and sale of shares of shareholders in the company, including Ms. Hong, whom Mr. Hai himself had previously signed in "black and white". In response to the above incident, Ms. Hong asked Mr. Hai to review and update her information on the company's shareholder list according to the law, but Mr. Hai did not comply and repeatedly challenged her.
Through investigation, Ms. Hong learned that: According to the financial report and explanatory report No. 39/PSĐ-BC, dated March 4, 2022 of the company sent to the Department of Planning and Investment, Ms. Vo Thi Ly does not own any shares in the company.
Mr. Nguyen Quang Hai, the legal representative of the company, clearly knew that Mr. Minh did not own 1.8 million shares in the company, but falsified documents, provided false information, and signed a contract to buy and sell these shares between Ms. Vo Thi Ly and Mr. Minh. Then, he signed a contract to transfer these "false" shares from Mr. Minh to Ms. Hong, which means that Ms. Hong was robbed of 18 billion VND due to buying 1.8 million "false" shares from Mr. Minh.
Suspecting that Mr. Hai colluded with several other individuals to plan to appropriate her shares, after filing a lawsuit against Mr. Minh's share transfer to the Provincial People's Court, Ms. Hong withdrew the lawsuit against Mr. Minh and filed a complaint against the two brothers, Mr. Minh and Hai, to the Provincial Police.
To falsify documents to sell shares exceeding the number of ownership
In another development related to the transfer of shares in this company, the Provincial People's Court brought to first instance trial the case of "Dispute over the transfer of shares contract" between the plaintiff, Ms. Le Thi Hong, and the defendant, Mr. Nguyen Quang Hai - Chairman of the Board of Directors of the company. In which, the company is the one with related rights and obligations. On February 27, 2024, the Provincial People's Court issued judgment No. 01/2023/KDTM-ST.
According to the case, this company was established in September 2016, with a charter capital of 30 billion VND by 3 founding members: Mr. Nguyen Quang Hai, Ms. Vo Thi Ly and Mai Thi Ly. In July 2017, the company increased its charter capital to 120 billion VND by selling shares to shareholders. According to the registration list, Mr. Nguyen Quang Hai and Ms. Vo Thi Ly each own 5.4 million shares (accounting for 90% of the charter capital), while Ms. Mai Thi Ly only owns 1.2 million shares (accounting for 10% of the capital).
In May 2020, Mr. Hai transferred to Ms. Hong (representing the investor group) more than 2.76 million shares, worth VND 27.6 billion (accounting for 23% of charter capital). However, based on the documents, Mr. Hai actually legally owns only more than 1.9 million shares in the company, equivalent to more than VND 19.3 billion (accounting for 16.1%).
Notably, according to case documents, in March 2017, when the company’s charter capital was increased from VND30 billion to VND120 billion, Mr. Hai falsely issued himself a “certificate of share purchase” for 5.4 million shares. These “forged” documents were registered by the company with the Business Registration Office, Department of Planning and Investment.
Meanwhile, the company's financial reports and explanatory report No. 39/PSĐ-BC, dated March 4, 2022, sent to the Department of Planning and Investment, as of the time of transfer to Ms. Hong, showed that Mr. Hai only owned 1.9 million shares, out of a total charter capital of VND 120 billion. This was also confirmed by Mr. Hai in his self-declaration sent to the Provincial People's Court.
According to research, the above company specializes in tourism and culinary services. Since 2020, when the Covid-19 epidemic broke out, business was difficult, Mr. Hai repeatedly persuaded Ms. Hong to buy back his shares in the company. To gain investors' trust, Mr. Hai added Ms. Hong to the list of shareholders, participating as a member of the company's Board of Directors, corresponding to the number of shares Ms. Hong currently owns.
With the clarified content in the case of "Share transfer contract dispute" and the above trial result of the Provincial People's Court, Ms. Le Thi Hong said that she will continue to send a complaint to the Investigation Police Agency, Provincial Police requesting clarification of Mr. Nguyen Quang Hai's behavior showing signs of fraud to appropriate property. |
Based on the documents and evidence, the Provincial People's Court Council ordered the company to record the shareholder status of Ms. Le Thi Hong, who currently owns more than 1.9 million shares (accounting for 16.1% of the charter capital of 120 billion VND) of the company because the contract to transfer shares from Mr. Hai to Ms. Hong has taken effect. As for the shares that Mr. Hai arbitrarily sold in excess of his ownership, worth more than 8.2 billion VND, if the two parties cannot negotiate, they will be transferred to the competent authority for settlement.
The lawyer defending the rights of Ms. Le Thi Hong said: Mr. Hai is the legal representative of the company. Although he clearly knew that he only owned more than 1.9 million shares, he provided false information about his shares to sell Ms. Hong up to 2.76 million shares (worth 27.6 billion VND), which is a sign of fraud and appropriation of more than 8.2 billion VND from investors. This action constituted fraud when he denied that Ms. Hong did not own shares in the company from the explanatory report sent to the Department of Planning and Investment.
Regarding this incident, a private source of the reporter said: In addition to Ms. Hong, another victim, Mr. D.D.Th. (in Hanoi ), was also tricked by Mr. Minh into selling 3.6 million shares in the company worth tens of billions of VND with the "assistance" of Mr. Hai. After that, Mr. Th. sold it to another company in Quang Binh and was paid by bank transfer, but to date, the shares in the company have not been recorded.
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