Abstract: The contract dispute case between Lingyun Yongran's client, a certain securities company, and a certain film and television culture and entertainment company in Shanghai involves 1.5 billion yuan in funds, ensuring the enforceability of the client's rights and interests.
Lingyun Yongran's client, a certain securities limited company ("Client"), has entrusted a legal team from Shanghai Lingyun Yongran Law Firm ("Lingyun Yongran") to provide legal services due to a dispute over a share repurchase agreement with Shanghai Film and Television Culture and Entertainment Co., Ltd. and other entities (collectively referred to as "Defendants"). The case was finally settled through mediation, and the legal team led by Ling Yun Yongran fought for the maximum benefits for the client.
The client is one of the first comprehensive securities companies in China with total assets exceeding 100 billion yuan. The client, a certain securities company, is one of the first comprehensive securities companies in China, with 362 securities branches, 36 futures branches, 24 regional branches, 1 asset management branch, and 6 domestic and foreign holding subsidiaries. As of June 30, 2023, the total share capital of the client is 8.232 billion shares, total assets are 207.023 billion yuan, and net assets are 45.374 billion yuan.
The subject matter of this case is nearly 1.5 billion yuan, and the amount involved is huge. After multiple rounds of communication and negotiation, as well as repeated game negotiations, the legal team of Lingyun Yongran finally secured the installment payment of all outstanding amounts and corresponding liquidated damages for the client. They also clarified in the form of effective legal documents that the client enjoys priority compensation rights for corresponding stocks and real estate, which greatly guarantees the enforceability of the client's rights and interests.
Successfully obtained concessions from the defendant and reached a mediation agreement between the two parties. During the mediation process, the prerequisite for the defendant to make greater concessions was to restore the normal trading function of the margin trading and securities lending account. Therefore, a major difficulty in this case is to allow the defendant's margin trading and securities lending accounts to resume trading without unsealing their accounts. However, the feasibility of such operational methods lacks prior case evidence, and there are no similar cases available for reference. After multiple communications with the court, the legal team of Ling Yun Yongran demonstrated the legality and feasibility of this operation, and finally successfully convinced the judge to allow the defendant to restore some trading functions of the margin trading and securities lending account. The legal team of Ling Yun Yongran then used this condition as the basis for the game, made reasonable demands to the defendant and urged them to make further concessions on the mediation conditions, in order to maximize the interests of the client. In the end, both parties reached a mediation agreement.
