Li Guoqing and Yu Yu struggled for the “custody” of his youngest son dangdang.com. Li Chengqing, the eldest son, was also pulled off the stage. A petition sent his parents to court, which attracted Li Guoqing’s “shelling.”. The playwright behavior of this family can only show that in the adult world, the feelings between husband and wife, parents and children are temporary, and interests are eternal.
one year after Jingjing was born, Li Guoqing and Yu Yu jointly founded and managed dangdang.com in 1999. Now, in order to compete for another son dangdang.com, my son is pulled off the stage.
Jingjing Yiyi filed a lawsuit against her parents, asking the court to confirm the validity of the Dangdang share holding agreement held by Li Guoqing and Yu Yu for themselves. Let the couple fight for Dangdang’s equity more complex.
in 2019, when Li Guoqing was interviewed, he threw his glass angrily. The former model couple broke their faces. Li Guoqing accused Yu Yu of being a junior in foreign countries, while Yu Yu wrote that Li Guoqing’s private life was chaotic and he suffered from syphilis.
according to Li Guoqing, in 2014, he decentralized his power to manage Dangdang’s new business, which was his son’s proposal. During the equity division in 2017, my son also expressed his unwillingness to stand in the line. “If you give me a paper wealth, I can explain to you that neither of you can force me to make a statement about Dangdang in the future.”
in April this year, Li Guoqing took four “big men” to snatch the official seal of dangdang.com. He also disclosed his chat record with his son, saying, “I hope you can play the role of mediator. She can only listen to your line year-old Li Chengqing, a little name elite. She was born in the United States. Her high school is dierfield middle school, the top private high school in the United States, and studied at Carnegie Mellon University.
although there are few public reports about Li Chengqing, the couple mentioned their son many times in their interviews and comments in the past. Li Guoqing, in particular, has talked about parenting classics in his microblog and circle of friends, creating an image of a busy but still responsible loving father.
for example, never miss any of my son’s festivals. Accompanied his son to cut animals and ironed his son’s clothes. Before high school, my son had dinner with him four times a week. He went to bed at 21:15, and Li Guoqing worked for another three hours. My son hit him once when he was 8 years old, and I still remember that.
in the matter of money, Li Guoqing once said to the public that in order to practice “poor support”, the husband and wife specially rented a house to live in, and after school asked the nanny to take Li Chengqing home by bus. “We pretended to be poor for several years until he couldn’t do it in the third day of junior high school.”
in March 2019, Li Guoqing shared the parent-child relationship with nearly a thousand beautiful presidents. The content of sharing included that teaching by example is more important than words, and happiness is more important than success. He said on his micro blog that although he did this, he still felt sorry for his son and failed to pick up the children from school twice a week.
However, when Yu Yufa started to tear up Li Guoqing in 2019, he even asked, “do you know what floor the pediatric ward is on? Kindergarten, junior high school entrance examination, college entrance examination, what did you manage? ” In his talk, he revealed that he was widowed.
as early as 2002, Yu Yu took his son to a psychological counseling class. Yu Yu was more often accompanied in his homework and leisure. After the Damo girl incident, Yu Yu presided over the business meeting in the company during the daytime, “when he returned home, he began to coach his son to do winter vacation homework.”. Yu Yu is also in charge of his son’s living expenses.
in the past, Li Guoqing was a grumpy father. In a variety show, the host once contacted Li Guoqing’s son. Li Chengqing said on the phone, “he always loses his temper. He will lose his temper inexplicably when I don’t think he should. I want to ask my dad if I’m not good at losing my temper, or if he’s not working well, or he’s stressed out about other things. ”
Li Guoqing said after listening, “it’s not that the children do not do well, nor is it that the work is not smooth, or that I am a passionate personality and can’t control my emotions.” He went on to say, “I have to say why I like to lose my temper, it is because of his mother.”
but if strictly required, the couple are not so qualified. When the couple were on the program together, Li Chengqing, who was only 10 years old at that time, wished, “I hope my father can pick me up from school once a week, and my mother can cook meals twice a week.”
if Li Guoqing divorces Yu Yu, and his son’s equity held on behalf of him is effective, then Li Guoqing’s equity will be less, and things may be more beneficial to Yu Yu.
Li Guoqing and Yu Yu fought for the right of custody of their youngest son. The eldest son did not make a public statement before, but now the conversation turns. I don’t know whether it is out of the original intention or forced.
now the eldest son asks for confirmation that the part of Dangdang’s equity held on behalf of him is valid. So the son is the key to the future control of Dangdang.
when dangdang.com was listed on the New York Stock Exchange, Beijing Dangdang Kewen e-commerce Co., Ltd. was listed, with Li Guoqing holding 38.9% and Yu Yu holding 4.9%.
on the surface, the equity structure shown by the industrial and commercial information is as follows: Li Guoqing holds 27.5129% of Beijing Dangdang, 64.1968% of Yu Yu, and 4.4008%, 3.6067% and 0.2827% of the three shareholding platforms respectively.
according to Yu Yu, there was an agreement at that time: Li Guoqing 22.38%, Yu Yu 52.23%, Li Guoqing, Yu Yu’s son 18.65%, and management 6.74%.
this means that 18.65% of the shares of their sons are held by Yu Yu and Li Guoqing. If the son is confirmed as Dangdang shareholder, then the divorce equity split between Li Guoqing and Yu Yu will also be affected.
Li Guoqing’s strategy of fighting for equity is litigation divorce. The marriage law clearly stipulates that the joint property of the husband and wife during the period of marriage shall be jointly owned by the husband and wife.
in case of divorce, Li Guoqing will naturally get 45.85% of the shares, that is (64.1968% + 27.5129%) / 2 = 45.85%. Assuming that he claims that the minority shareholders will support him, it will hold 53.86% of the total.
this is also the source of Li Guoqing’s statement on Dangdang’s equity distribution in this year’s fight for official seal. At that time, Li Guoqing said that he and Yu Yu held 91.71% of the shares, which was the joint property of the husband and wife, so Li Guoqing’s half share was 45.86%, and he had the support of small shareholders, so he was the controlling shareholder of the company.
in the company law, 50% and 2 / 3 are two very important equity nodes. If there is no special provision in the articles of association, most important matters can be decided only after 50%.
now there is a new big killer, which is the part of son holding. Maybe Yu Yu deduced the worst result. What if he got divorced.
assuming that the son’s proxy claim is supported by the court, the original plan in Li Guoqing’s calculation will be changed. The 18.65% of the shares will be allocated to the son first, and then only 73% of the shares of the husband and wife will be acquired. After the divorce, the equity he can obtain is 36.53%, that is (64.1968% + 27.5129% – 18.65%) / 2. Even with the minority shareholders supporting him, it is less than 50%.
Zang Xiaoli, a lawyer from Beijing Shixuan law firm, told Bao Bian that this was relatively beneficial to Yu Yu: Yu Yu’s doing so was estimated to ensure that the proportion of shares belonging to the joint property of the husband and wife was less than that of Li Guoqing. Later, after leaving her son’s equity separately, Yu Yu tried to get her son to authorize her to exercise the equity rights, so that Yu Yu could still exercise control over Dangdang.
the equity dispute is a typical zero sum game. If one’s own equity is less, the enemy’s equity will naturally become more. If the Son chooses to stand on the side of Yu Yu, then the dream of the people concerned will be shattered.
therefore, Li Guoqing did not hesitate to “shoot” his son directly on his micro blog, claiming that his son was used as a gun envoy by his wife. However, this may also indicate that Yu Yu did have more company than Li Guoqing in the past parenting process.
of course, this move of the son will delay the trial of the divorce case of “Qingyu Nian” and lengthen the front line, which is also a situation that Li Guoqing does not want to see.
Zang Xiaoli said, “the newly filed case of confirmation of holding shares on behalf of others has also caused certain obstacles to the divorce case of equity division in terms of procedure, which will make the divorce litigation cycle longer.”
Li Guoqing claimed that he was a victim of the calm period of divorce. It has been a year since he filed for a divorce with the court, and the marriage has not been separated. And now it’s complicated again.
as a defendant in the divorce case, Yu Yu’s strategy of delaying litigation is definitely more beneficial to her. Whether or not the agreement is valid or not is related to the share of the joint property of Li Guoqing and Yu Yu Yu. Zang Xiaoli said that the court may first hear the case of holding shares on behalf of others, and then try the case of divorce and equity division after the result of the case.
Li Chengqing was born in the United States. If he is an American, Zang Xiaoli said that the trial procedure of foreign-related cases will be slower. It is also normal that the case of confirmation of equity holding on behalf of the first instance and the second instance has been completed, and it takes more than one year.
However, Li Xianglan, a lawyer from Beijing Dacheng (Chengdu) law firm, told Bao Bian that at present, because the disclosure of facts is too little, there may be variables.
she said, “it is a contractual dispute to confirm the validity of the escrow agreement. If the agreement is true, it is necessary to examine whether the actual contribution is made. If not, it may be judged as a gift relationship. If the equity has not been changed by industry and commerce, Li Guoqing can cancel the gift. Even if the proxy agreement is effective, it may not be able to become a known shareholder. The name of a shareholder is a dispute over the confirmation of shareholder qualification, which requires the consent of more than half of the shareholders. The consent in the proxy agreement is not the same as the resolution of the shareholders’ meeting. ”
the core legal issue in the divorce case of this family is “whether the equity is the property jointly owned by the husband and wife”. Li Guoqing thinks that the equity is divisible. If it is, it should be divided equally after the divorce.
because in legal theory, “equity” is not “real right”. Equity income right is real right, but equity is not. Equity contains “identity right”, which implies the management and control of the company. These are not only the category of property, but also a term of “human cooperation” beyond “capital cooperation” in modern corporate governance.
Article 17 of the Marriage Law lists the types of joint property of husband and wife. The income in production and operation belongs to the joint property of husband and wife, and equity is not equal to income. The law does not stipulate that the equity itself belongs to the joint property of husband and wife.
after consulting the previous judgments of divorce property disputes, Bao Bian found that the spouse of the contributing party insisted on splitting the equity, did not agree to the discount compensation, nor agreed to evaluate the equity value, and finally the court did not support his claim for equity split.
according to the gist of the judgment, it is assumed that when Yu Yu and Li Guoqing divorce, Yu Yu does not agree to split the shares in his name to Li Guoqing. Li Guoqing has no right to ask the court to forcibly divide the equity itself, and Yu Yu has the right to dispose of his equity separately.
that is to say, if Yu Yu really wants to fight with Li Guoqing, and he won’t let Li Guoqing be the person, it’s not impossible for Yu Yu to sell Dangdang directly and become a rich man and a rich woman. [8