The producer of soldier assault has been arrested! It has also been recovered by listed companies for 264 million. Why did it come to this step? Related to this equity transfer
March 31st, 2022

The producer of soldier assault has been arrested! It was also recovered by listed companies for 264 million. Why did it come to this step? In connection with this equity transfer

Wu Yi, producer of “soldiers assault”, was arrested!

Recently, the A-share listed company Zhewen film announced that Wu Yi, the legal representative of the subsidiary Tianyi film and television, was suspected of job occupation and was criminally filed for investigation by the public security organ. On February 28, Wu Yi was arrested with the approval of Dongyang people’s Procuratorate.

As soon as the above news came out, it immediately triggered a heated debate in the film and television industry. Wu Yi, born in 1963, is currently the chairman and general manager of Tianyi film and television. He is a well-known producer in the industry. He has served as the producer of popular dramas such as “soldier assault”, “my head, my regiment” and “Wang Dahua’s revolutionary career”.

Meanwhile, Zhewen film has officially submitted litigation materials to Hangzhou intermediate people’s Court of Zhejiang Province and recovered 264 million yuan of performance compensation from Wu Yi and Xinyu Shangshan Ruoshui (actually controlled by Wu Yi).

Tianyancha app shows that there are 7 companies under Wu Yi’s name, and 5 are in existence. Wu Yi was involved in a number of consumption restriction orders, information of dishonest Executees, etc., and the total amount of non performance was about 122 million. At the same time, Tianyi film and television and Wu Yi have been sued for contract disputes and private lending disputes for many times.

Suspected of Embezzlement

On the evening of March 1, Zhewen film announced that the company had recently received the notice of filing a case issued by Dongyang Public Security Bureau, Jinhua City, Zhejiang Province. Wu Yi, the legal representative of the subsidiary Zhejiang Tianyi film and Television Co., Ltd. (hereinafter referred to as “Tianyi film and television”) was suspected of taking advantage of his position and was criminally filed for investigation by the public security organ. On February 28, Wu Yi was arrested with the approval of Dongyang people’s Procuratorate.

Zhewen film said that the company will actively cooperate with the investigation work of the public security organ and fulfill the obligation of information disclosure in strict accordance with the regulatory requirements.

At the same time, Zhewen film (the plaintiff) has officially submitted litigation materials to the Hangzhou intermediate people’s Court of Zhejiang Province to recover the outstanding performance gambling commitment of 264 million yuan from the defendants Wu Yi and Xinyu Shangshan Ruoshui (the company is actually controlled by Wu Yi).

The Chinese reporter of the securities firm learned that Wu Yi, who was arrested this time, is a well-known producer in China. He has served as the producer of popular dramas such as “soldier assault”, “my head, my regiment” and “Wang Dahua’s revolutionary career”. In Douban, the score of “soldier assault” is as high as 9.4, and that of “my head, my regiment” is 9.5.

According to public information, Wu Yi, born in 1963, graduated from Beijing Film Academy with a bachelor’s degree and an EMBA in Business Administration of the University of international business and economics. He once served as the production director of Hunan Radio and television media program branch and the president of Zhejiang Huayi Brothers Tianyi film and Television Co., Ltd. and is now the chairman and general manager of Zhejiang Tianyi Co., Ltd. He has won the honors of “national top ten producers” and “continuous contribution award of Beijing Film Academy”.

According to the official website of Tianyi film and television, Mr. Wu Yi has entered the field of film and television production for more than 20 years and has successively completed more than 40 film and television dramas and more than 1000 episodes. Wu Yi led the team to successfully create a large number of excellent works, such as Qianlong Dynasty, absolute power, soldier assault, my head, my regiment, old dream, holy gate, Wang Dahua’s revolutionary career, a better life, film massage and so on, which have won many awards and praise at home and abroad.

Why did you get to this point? It is related to the transfer of Tianyi film and television’s equity four years ago

It is understood that Wu Yi’s arrest is related to his transfer of the equity of Tianyi film and television to the listed company Zhewen film (formerly known as “Lugang culture”) four years ago. In that year, Wu Yi’s company Xinyu shangshanruoshui transferred 45% of the equity of Tianyi film and television to Zhewen film at the price of 395 million yuan, but failed to complete the performance gambling commitment in the later stage, causing a chain reaction.

According to media reports, last year, Zhejiang cultural investment invested 600 million yuan and sent a professional management team into the listed company, gradually promoted the takeover of Tianyi film and television, completed the assets and capital verification, and finally fully took over the daily operation and management of Tianyi film and television. In this process, Zhewen film found Wu Yi’s previous job occupation and resorted to legal proceedings.

Looking back, on November 6, 2017, Zhewen film signed the equity transfer agreement with Xinyu Shangshan Ruoshui (the actual controller is Wu Yi) and Wu Yi, and Xinyu Shangshan Ruoshui transferred 45% of the shares of Tianyi film and television to Zhewen film at RMB 395 million. After the acquisition, Zhewen film will hold 96% of the shares of Tianyi film and television, and will remain its largest shareholder and actual controller.

The net profit of Wu Shanyi and Shangshui film and television in 2017 was not less than RMB 100 million and RMB 200 million, which was not determined during the audit of Wu Shanyi and Xinyi in 2019. If the above agreement is not met, the first defendant (Xinyu shangshanruoshui) shall perform the obligation of compensation. If the first defendant fails to perform, the second defendant (Wu Yi) shall perform the obligation of compensation.

However, subsequently, the performance commitment of Tianyi film and television was not completed, and the difference was 234.48 million yuan. Zhewen film said that the two defendants should have fulfilled their obligations of compensation for gambling immediately. On November 2, 2020, the plaintiff and the defendant reached a supplementary agreement on the gambling compensation obligations agreed in the equity transfer agreement through negotiation, mainly including:

  1. All the shares of the plaintiff held by the defendant are pledged to the plaintiff;
    1. The lifting period of the defendant’s shares shall be extended to the completion date of performance gambling agreed in the supplementary agreement;
    1. Add the performance gambling period from 2021 to 2025. Within the newly added period, in addition to continuing to complete the accumulated net profit difference of RMB 234.48 million from 2017 to 2019, it shall also complete an additional net profit of no less than RMB 30 million per year.
  2. After the signing of the supplementary agreement, due to the behavior of the defendant (referring to Xinyu shangshanruoshui and Wu Yi), the performance of the supplementary agreement lost the objective basis: the defendant agreed in the supplementary agreement that all the shares used for mortgage had been forcibly closed, and the performance of the supplementary agreement lost the basic guarantee; Both defendants were listed as Executees because they had huge debts and could not plan according to the time limit specified in the effective legal instruments.
  3. Therefore, Zhewen film entrusted a lawyer to send a lawyer’s letter notifying the two defendants to terminate the supplementary agreement. After the termination of the supplementary agreement, the defendant should immediately pay the compensation for the difference between performance and gambling in accordance with the equity transfer agreement. At the same time, due to the defendant’s behavior
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