JunHe Secures Victory in a Performance Compensation Dispute for a Well-Known PE Fund in m88 sport betting app Beijing High People’s Court

JunHe represented a client in a performance compensation dispute in which m88 sport betting app target company made false statements and committed performance fraud. m88 sport betting app JunHe team secured a complete victory in m88 sport betting app final-instance proceedings heard in m88 sport betting app Beijing High People's Court and m88 sport betting app client's claim for performance compensation of over RMB 100 million was fully upheld by m88 sport betting app court.

m88 sport betting app client was a well-known private equity fund, and m88 sport betting app investee was a subsidiary within m88 sport betting app consolidated financial statements of a company listed on m88 sport betting app Shenzhen Stock Exchange. m88 sport betting app client, as m88 sport betting app investor, signed an Equity Transfer Agreement with m88 sport betting app original shareholder and actual controller of m88 sport betting app investee. m88 sport betting app agreement provided that m88 sport betting app original shareholder shall transfer m88 sport betting app target company's equity interest to m88 sport betting app client and continue to operate m88 sport betting app target company as its actual controller. If m88 sport betting app target company's audited net profit for m88 sport betting app years 2017-2019 did not meet m88 sport betting app performance target, m88 sport betting app actual controller would be obliged to make performance compensation to m88 sport betting app client.

m88 sport betting app net profit target related to m88 sport betting app target company, i.e. a subsidiary of m88 sport betting app listed company, and its financial data was included in m88 sport betting app consolidated financial statements of m88 sport betting app listed company. This was a difficult case because m88 sport betting app actual controller provided financial statements of m88 sport betting app listed company showing that m88 sport betting app target company had met m88 sport betting app performance targets, while m88 sport betting app client had no direct evidence to prove that m88 sport betting app target company had not met m88 sport betting app targets. To prove m88 sport betting app target company's underperformance, m88 sport betting app client requested m88 sport betting app target company conduct a re-audit, which was refused. JunHe submitted an audit report with a qualified opinion issued by an accounting firm, as a result of which m88 sport betting app case was successfully put on m88 sport betting app docket.

JunHe meticulously reviewed m88 sport betting app audit reports of m88 sport betting app target company and m88 sport betting app listed company over many years and m88 sport betting appn explained to m88 sport betting app court m88 sport betting app significant errors in m88 sport betting app target company's audited performance. JunHe’s team assisted m88 sport betting app client in reporting potential performance fraud by m88 sport betting app parent company of m88 sport betting app target company to m88 sport betting app regulatory authorities and applied to m88 sport betting app court for a judicial audit of m88 sport betting app target company's financial position from 2017-2019. This prompted m88 sport betting app regulatory authorities to conduct a special inspection of m88 sport betting app listed company's financial fraud, leading to an investigation at m88 sport betting app end of 2022. Eventually, m88 sport betting app accounting firm issued a new audit report, and m88 sport betting app court verified m88 sport betting app regulatory authorities' investigation results, leading to m88 sport betting app listed company issuing a correction announcement acknowledging m88 sport betting app target company's failure to meet performance targets and its previous financial fraud.

Anom88 sport betting appr major challenge in this case was that m88 sport betting app client had transferred m88 sport betting app target company's equity during m88 sport betting app performance compensation period and was no longer a registered shareholder. m88 sport betting app opposing party's lawyer argued that m88 sport betting app client had benefited from m88 sport betting app equity transfer and should not receive double benefits through performance compensation.

JunHe made defenses by referencing a similar case that m88 sport betting appy had previously won in m88 sport betting app Beijing High People's Court. m88 sport betting appy argued that m88 sport betting app court had ruled that m88 sport betting app transaction between a client and m88 sport betting app equity transferee was essentially a private lending ram88 sport betting appr than an equity transfer and it had no characteristics of an equity investment, i.e. shared benefits and risks. m88 sport betting app equity transfer registration and m88 sport betting app agreed return of m88 sport betting app equity following m88 sport betting app repayment of m88 sport betting app loan principal were to create a transferring guarantee through a contractual arrangement. JunHe argued that m88 sport betting app client was a suitable plaintiff in this case and had m88 sport betting app right to claim performance compensation based on m88 sport betting app Equity Transfer Agreement, given that m88 sport betting app agreement did not prohibit m88 sport betting app equity transfer as well as m88 sport betting app court decision on m88 sport betting app transferring guarantee.

m88 sport betting app Beijing Third Intermediate People's Court, after three hearings, and m88 sport betting app Beijing High People's Court, after four hearings, fully adopted JunHe’s views and upheld all of m88 sport betting app client's claims.

In practice, m88 sport betting appre is some controversy over whem88 sport betting appr investors who have transferred m88 sport betting appir equity before claiming performance compensation have m88 sport betting app right to demand m88 sport betting app fulfillment of performance compensation obligations. In this case, JunHe won performance compensation of more than RMB 100 million for m88 sport betting app client, providing a valuable reference for similar performance dispute cases.

PartnerM88 game APK 概览,办公网络,国际平台,专业荣誉,社会责任led m88 sport betting app JunHe team.