Law

Mediation team resolves disputes, revitalizing enterprises

2025-12-25   

Now the company's orders are stable, and shareholders are working together to carry out operations. Thanks to the mediation organized by the procuratorate, we have untied the knot in our hearts. Shareholders have returned to one heart, and the enterprise is back on track. "Recently, during a visit to a new energy company by a prosecutor from Qixingguan District Procuratorate in Bijie City, Guizhou Province, the company's executive director Zou Xi talked about the new appearance of the enterprise - the roaring machines in the workshop, the neatly arranged products, and a thriving scene. Behind the transformation lies a dispute among shareholders. In 2020, Zou founded a new energy company. In 2021, three individuals including Xu, Xiao, and Lu each invested 50000 yuan as shareholders. In May 2022, after each shareholder made additional investments, the company's development gradually improved. However, the good times did not last long. From September to November of the same year, Xu and three others received sales proceeds of more than 100000 yuan but did not record them according to regulations. They used this amount as a bargaining chip to demand that Zou increase his salary or withdraw his shares. Zou insisted that the withdrawal of shares should be carried out according to formal procedures, and the conflict between the two parties gradually intensified. In April 2023, Zou reported the case to the public security organs. After an initial investigation, the public security organs found no criminal facts and made a decision not to file a case in June of the same year. Subsequently, Zou repeatedly negotiated with Xu and others to request a refund of the withheld payment, but to no avail. Later, he couldn't even contact the three people. In April 2025, Zou learned from his lawyer that Xu and others were suspected of embezzlement due to difficulties in business operations. He brought materials to the 12309 Prosecution Service Center of the court to report the situation and hoped that the prosecution would supervise the public security organs to file a case. After accepting the case, the prosecutor carefully sorted out the case, repeatedly reviewed the company's accounts, equity agreements, and other materials, and had in-depth communication with all parties involved. The investigation found that the three individuals, including Xu, suspected that the major shareholder of the company had previously engaged in withholding payments, which harmed the interests of the company and minority shareholders. The extreme method of withholding payments was adopted only after the three individuals proposed to withdraw their shares without consent, which is fundamentally different from the unjustified embezzlement of positions by ordinary employees. Moreover, the three individuals did not have the intention to jointly discuss withholding payments, and the existing evidence is insufficient to prove that Xu and the three individuals' behavior is suspected of embezzlement. If the case is only resolved by not supporting supervision, the conflicts between shareholders not only cannot be resolved, but may also lead to the stagnation of enterprise operations, affecting employee employment and local economic development. ”The prosecutor handling the case admitted frankly. The court has decided to promote a settlement between the two parties from the perspective of "resolving conflicts and disputes, and safeguarding the development of enterprises". To this end, the court, together with local public security organs, comprehensive management centers, and judicial administrative department staff, formed a "Enterprise Protection Mediation Team" to organize face-to-face communication among shareholders. In the early stage of mediation, both parties were emotionally opposed and refused to compromise. The members of the "Enterprise Protection Mediation Team" listened to the demands of both parties, sorted out the focus of the dispute, patiently explained the law and reasoning, analyzed legal risks such as stock withdrawal and fund management, and guided shareholders to view the problem rationally from the perspective of the long-term development of the enterprise. After multiple rounds of discussions, reconciliation, and explanation, shareholders gradually let go of their grievances and realized that only by working together can the enterprise develop and grow. In the end, the two parties reached a settlement, and Xu and three others voluntarily returned all the withheld payments to the company. The shareholders also reached a consensus on subsequent business management, clarifying the rules for fund management and equity transfer. Nowadays, the company publicly publishes its accounts every month, and shareholders perform their respective duties, resulting in a steady improvement in the company's performance. This mediation not only untied the knot in the hearts of shareholders, but also built a legal barrier for the healthy development of the enterprise. We now hold a shareholders' meeting every month, where everyone supervises each other and the company's performance has significantly improved, "Zou said happily. (New Society)

Edit:Wang Shu Ying Responsible editor:Li Jie

Source:Procuratorial Daily

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