EVERGRANDE(03333)
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许家印家族信托被击穿?真相是→
Di Yi Cai Jing· 2025-10-13 13:09
Core Viewpoint - Recent news regarding Xu Jiayin's overseas family trust being "pierced" has gained significant attention, but the actual court ruling is less dramatic than portrayed online [1][8] Summary by Sections Court Ruling Details - The Hong Kong High Court's ruling on September 16 was in response to Evergrande Group's application for a receiver to manage Xu Jiayin's assets, following a previous court order for liquidation [1][4] - The ruling confirmed that the receiver would oversee Xu Jiayin's assets, but did not explicitly mention the overseas family trust in the scope of the takeover [4][7] Asset Management and Disclosure - Xu Jiayin was previously ordered to disclose assets valued at over 50,000 HKD, but failed to comply, leading to the appointment of a receiver to ensure enforcement of the injunction [2][4] - The receiver has the authority to access information about the assets but does not have the power to dispose of them [4] Trust and Legal Implications - The court's references to "trust" were primarily in the context of legal precedents and did not directly address Xu Jiayin's trust [5][7] - Legal experts argue that the notion of the trust being "pierced" is premature, as the ruling is procedural and does not affect the substantive rights to the assets [8][9] Factors Influencing Trust Validity - The potential for the family trust to be "pierced" depends on various factors, including the design of the trust, legal jurisdiction, and whether there are indications of fraudulent behavior [9][10] - Common scenarios for trust "piercing" include intentional misuse of trust assets or procedural failures in trust management [10]
许家印家族信托被击穿?真相是→
第一财经· 2025-10-13 12:58
Core Viewpoint - The article discusses the recent court ruling regarding Xu Jiayin's offshore family trust, emphasizing that claims of the trust being "pierced" are premature and based on misunderstandings of the legal context surrounding the ruling [3][12]. Summary by Sections Court Ruling Context - The Hong Kong High Court's ruling on September 16 was in response to Evergrande Group's application for a receiver to manage Xu Jiayin's assets, following a previous court order for liquidation in January 2023 [5][6]. - The court had previously issued a Mareva injunction in June 2023, preventing Xu Jiayin from disposing of assets valued at up to $7.7 billion, requiring disclosure of assets worth over 50,000 HKD [5][6]. Receiver's Authority - The receiver appointed by the court has the authority to access information about the assets and their whereabouts but does not have the power to dispose of these assets [6]. Trust Mention in Ruling - The court ruling referenced "trust" 16 times, primarily in the context of legal precedents, without specifically addressing Xu Jiayin's offshore family trust [8][12]. Misconceptions about Trust "Piercing" - Legal experts argue that the notion of Xu Jiayin's offshore family trust being "pierced" is unfounded, as the ruling is procedural and does not affect the substantive rights to the assets [12][13]. - The determination of whether a trust has been "pierced" requires a substantive judgment, which has not occurred in this case [12][13]. Factors Influencing Trust Validity - The potential for a family trust to be "pierced" depends on various factors, including the design of the trust, contractual terms, applicable laws, and the presence of fraudulent activities [13][14]. - Common scenarios leading to "piercing" include intentional misuse of trust assets or procedural failures in establishing the trust [14][15]. General Observations on Family Trusts - The article highlights that issues with family trusts often stem from their misuse rather than structural flaws, indicating a need for better governance mechanisms among wealthy individuals [15].
许家印离岸家族信托“彻底击穿”?业内专家:别误读,司法仅触达监管
Hua Xia Shi Bao· 2025-10-11 10:57
Core Viewpoint - The Hong Kong High Court has made a significant ruling in the case of China Evergrande Group against Xu Jiayin and other defendants, appointing a liquidator as the receiver of all assets of Xu Jiayin due to non-compliance with asset disclosure orders [2][3]. Summary by Relevant Sections Legal Proceedings - The court's decision was prompted by Xu Jiayin's failure to comply with a legal document issued by Judge Coleman on June 24, 2024, which included a freezing order of $7.7 billion and an asset disclosure requirement [6][7]. - Xu Jiayin did not disclose the required information regarding his assets, leading to the appointment of a liquidator to manage his assets [6][7]. Asset Management and Oversight - The court has limited the liquidator's authority to identifying, preserving, and investigating Xu Jiayin's assets, ensuring the execution of the freezing order without granting the liquidator the power to dispose of assets [7][8]. - The focus of the court is on whether Xu Jiayin has effectively controlled assets through family trust structures while evading disclosure obligations [8][9]. Trust Structures and Investigations - The liquidator will investigate three main areas: reviewing records of related companies, verifying the transfer and sale of trust-related assets, and potentially restoring the registration of companies involved in trust asset management [8][9]. - The court's ruling reflects a judicial attitude of "substance over form," aiming to penetrate the offshore trust structures to ensure asset transparency [9][10]. Implications for High-Net-Worth Individuals - The ruling may influence how high-net-worth individuals approach offshore family trusts, emphasizing the need for transparency in control and compliance with legal obligations [11][12]. - The ongoing legal battle surrounding family trust assets is expected to continue affecting the resolution of Evergrande's debt crisis [12].
77亿信托一夜蒸发!许家印最后的“安全垫”失效,富豪圈集体慌了
Sou Hu Cai Jing· 2025-10-11 07:04
Core Viewpoint - The Hong Kong High Court's ruling to freeze Xu Jiayin's family trust assets worth over $7.7 billion has shattered the myth of offshore trusts as a foolproof asset protection mechanism for the wealthy [1][9]. Group 1: Trust and Asset Protection - Offshore trusts are typically used to manage assets (such as stocks, real estate, and shares) by delegating them to overseas institutions, making them legally distinct from the settlor [3]. - Xu Jiayin established an offshore trust to protect his wealth amid the Evergrande debt crisis, transferring $7.7 billion in assets, including stocks and luxury properties, into the trust [3][5]. - The court's decision to freeze these assets was based on Xu's violation of the principles of trust independence and authenticity, as he engaged in financial fraud while transferring assets to the trust [5][6]. Group 2: Business Ventures and Performance - Xu Jiayin expanded his business interests into various sectors, including health, where projects like "Evergrande Health Valley" generated significant revenue, reaching $3.1 billion in a year [6]. - The health product "Yi-Wei-Li," developed in collaboration with a Nobel laureate, reported impressive sales, indicating a strong market presence among affluent consumers [6][8]. - Despite the promising performance of certain business segments, the overwhelming debt crisis in the real estate sector has overshadowed these successes, leaving Xu's family trust vulnerable to legal actions [8]. Group 3: Industry Implications - The ruling against Xu Jiayin serves as a warning to other wealthy individuals who may rely on offshore trusts and legal loopholes to evade debt responsibilities [9]. - The case highlights the increasing global financial regulatory cooperation aimed at closing loopholes for cross-border liability evasion, emphasizing the need for accountability among business leaders [9]. - The incident underscores the importance of adhering to legal and ethical standards in business practices, as shortcuts and deceptive strategies can lead to severe consequences [9].
恒大和万达欠的钱,都去哪儿了
3 6 Ke· 2025-10-11 02:41
Core Insights - The article contrasts the divergent fates of two prominent Chinese entrepreneurs, Xu Jiayin of Evergrande and Wang Jianlin of Wanda, highlighting their different responses to financial crises and the underlying values that guided their decisions [1][29]. Group 1: Evergrande's Crisis - Evergrande's downfall is characterized as a systematic financial fraud rather than a mere business failure, with Xu Jiayin using the company as a tool for personal enrichment through illegal financial maneuvers [2][3]. - Key financial strategies employed by Xu Jiayin included the misappropriation of pre-sale housing funds, the misuse of commercial acceptance bills, illegal fundraising through Evergrande Wealth, asset stripping of Evergrande Property, and exploiting Shengjing Bank for loans [4][5][6][9][10][14]. - The consequences of these actions led to a massive debt of 2.4 trillion yuan and the collapse of numerous housing projects, leaving millions of homebuyers in despair [1][5]. Group 2: Wanda's Strategic Gamble - In contrast, Wanda's crisis stemmed from a high-risk strategic transformation and a stringent betting agreement, with Wang Jianlin opting for asset liquidation to maintain the company's core credit and survival [20][22]. - The immediate trigger for Wanda's crisis was a betting agreement related to the IPO of Zhuhai Wanda Commercial Management, which created a repayment pressure of 38 billion yuan due to market conditions [22][24]. - Wang Jianlin's decisive actions included selling key assets such as Wanda Film, Wanda Plaza projects, and overseas properties, demonstrating a commitment to fulfilling financial obligations despite significant losses [26][27][28]. Group 3: Entrepreneurial Ethics and Responsibility - The contrasting approaches of Xu Jiayin and Wang Jianlin reflect fundamentally different entrepreneurial spirits, with Xu's actions driven by self-interest and evasion of responsibility, while Wang's decisions were rooted in accountability and a commitment to business ethics [29][31]. - The article emphasizes the need for a redefined understanding of entrepreneurial ethics, highlighting that true entrepreneurs should exhibit responsibility and integrity, as demonstrated by Wang Jianlin's actions [31][33]. - The financial collapse of Evergrande serves as a stark warning about the consequences of unethical business practices, while Wanda's survival strategy illustrates the importance of maintaining trust and fulfilling commitments in business [34].
一场跨越12国的财富追猎:许家印“巨额信托崩盘”只是前菜
Sou Hu Cai Jing· 2025-10-11 01:25
Core Viewpoint - The Hong Kong High Court's ruling on September 16, 2025, authorized the liquidator to take full control of Xu Jiayin's assets, including freezing a $2.3 billion offshore trust set up for his children in Delaware, marking a significant legal precedent in asset protection and trust law [1][3]. Group 1: Legal and Financial Implications - The ruling is referred to as a key case in "piercing the trust," indicating that if a trust is used as a tool for fraudulent purposes, its protective function is nullified [1][5]. - Xu Jiayin's offshore asset structure, built since 2017, has been exposed, revealing a wealth transfer scheme that involved moving $60 billion through various offshore entities [4][10]. - The court's decision suggests that complex trust structures can be penetrated if there is evidence of intent to defraud creditors, impacting the trust and wealth management industry significantly [13][14]. Group 2: Asset Transfer and Family Dynamics - Xu Jiayin's family has been implicated in a wealth transfer scheme, with over 50 billion yuan in dividends distributed to his family from 2009 to 2022, while the company faced insolvency [4][9]. - The court found that Xu Jiayin's ex-wife, Ding Yumei, had engaged in asset division during their "technical divorce," which was deemed lacking genuine emotional basis, facilitating asset transfer [7][8]. - Ding Yumei's assets include luxury properties in London and Vancouver, as well as significant funds in offshore accounts, raising questions about the legitimacy of these transfers [8][9]. Group 3: Broader Impact on Trusts and Asset Protection - The case has triggered a ripple effect, prompting trust institutions to reassess their operational protocols and tighten scrutiny on asset sources and control clauses [14][15]. - The ruling emphasizes that trusts must not be used as tools for evading debts, reinforcing the principle that trust assets must be legally obtained to maintain their protective function [15]. - The ongoing investigations and asset recovery efforts span across multiple countries, indicating a global pursuit of Xu Jiayin's assets, which may lead to further legal challenges for similar offshore structures [10][12].
跨越12国的财富追猎:许家印“巨额信托崩盘”
阿尔法工场研究院· 2025-10-11 00:08
Core Viewpoint - The Hong Kong High Court's ruling has significant implications for the trust industry, indicating that trusts can no longer be used as tools for fraudulent debtors, thereby undermining their asset isolation function [4][19][20]. Group 1: Legal Ruling and Its Implications - The court authorized the liquidator to take full control of Xu Jiayin's assets, including freezing a $2.3 billion offshore trust set up for his children in Delaware [3][5]. - This ruling is referred to as the "first case of trust piercing," emphasizing that if a trust is used as a tool for fraudulent debtors, its protective function will be rendered ineffective [4][19]. - The judgment has triggered a broader investigation into Xu Jiayin's wealth transfer activities across multiple countries, revealing a complex web of asset relocation and family disputes [5][16]. Group 2: Wealth Transfer and Financial Manipulation - Xu Jiayin's family reportedly transferred approximately 50 billion yuan ($7.5 billion) overseas over a decade, with significant discrepancies in Evergrande's reported financial performance [6][7]. - The company inflated its revenue by 213.99 billion yuan ($30.5 billion) in 2019 alone, which constituted 50.14% of its total revenue for that year [7]. - The offshore trust, designed to appear legitimate, was ultimately controlled by Xu Jiayin, undermining its intended purpose of asset protection [8][9]. Group 3: Family Dynamics and Asset Division - Xu Jiayin's ex-wife, Ding Yumei, is now at the center of the asset freeze, having previously engaged in a "technical divorce" that allowed for the division of 42.7 billion yuan ($6.4 billion) in assets [10][13]. - Ding Yumei's assets include multiple properties in London and Vancouver, as well as significant funds held in various offshore accounts [13][14]. - The court's ruling has raised questions about the legitimacy of the asset transfers, particularly concerning the timing and nature of Ding Yumei's claims [14][15]. Group 4: Global Asset Recovery Efforts - The asset recovery efforts span across 12 countries, with a team of over 50 professionals involved in the liquidation process [17][18]. - In the UK, assets belonging to Ding Yumei have been frozen, while in Hong Kong, Xu Jiayin's properties and private jet are being auctioned off to settle debts [18]. - The ruling has prompted a reevaluation of trust structures in the wealth management industry, with institutions tightening their processes to prevent fraudulent activities [19][20].
8点1氪:知情人透露宗馥莉辞职原因;西贝部分门店更换门头;法官指出许家印的23亿美元信托属于欺诈性资产转移
36氪· 2025-10-10 23:57
Group 1 - Zong Fuli has resigned as the chairman and general manager of Wahaha Group due to non-compliance with trademark usage, and she plans to operate her own brand "Wah Xiaozong" [2][3] - Wahaha confirmed that Zong Fuli's resignation was processed through the shareholders' meeting and board of directors [3] - A source indicated that Zong Fuli's decision was influenced by issues related to trademark compliance [3] Group 2 - Qualcomm is under investigation by the State Administration for Market Regulation for allegedly violating antitrust laws related to its acquisition of Autotalks [5] - The Hong Kong government has launched initiatives to assist mainland enterprises in expanding overseas, including tax incentives and support for establishing regional headquarters [5] - The recent fire incident involving the Avita 06 has been investigated, confirming that the fire did not originate from the battery or core control systems [6][8] Group 3 - ByteDance announced a new employee support policy for those laid off due to organizational adjustments, offering up to 72,000 yuan in transitional subsidies [11] - Netflix is expanding its gaming business by introducing video games to television screens, allowing subscribers to use their phones as controllers [9] - CATL's intelligent chassis technology company has completed its first round of financing, achieving a valuation exceeding 10 billion yuan [18]
许家印家族资产全球接管:一场跨越司法管辖区的财富清算风暴
Sou Hu Cai Jing· 2025-10-10 18:10
(一)香港:发迹屋与豪宅群的崩塌 许家印在香港的资产处置呈现两极分化。位于九龙柯士甸道144号祥景楼6楼A室的"发迹屋"(1999年以 175万港元购入,现市值约496万港元)成为首个被强制拍卖的物业,而山顶布力径10号三栋豪宅(B 屋、C屋、E屋)的命运更具象征意义。这三栋2009年购入的物业总市值曾达25亿港元,其中B屋在2021 年抵押给建设银行亚洲后,于2024年5月以4.7亿港元折价出售,较市值缩水4.1亿港元。C屋、E屋虽在 2021年抵押给欧力士亚洲资本,但最终未能逃脱被接管的命运。 2025年10月,香港高等法院一纸判决将许家印家族资产处置推向全球舆论中心。法庭裁定中国恒大清盘 人黄咏诗、杜艾迪接管许家印及其关联方价值不超过77亿美元的全球资产,并冻结其名下及关联公司控 制的7个银行账户。这场涉及香港山顶豪宅、英国海德公园公寓、加拿大温哥华别墅、津巴布韦锂矿股 权乃至两架劳斯莱斯幻影的资产接管,不仅标志着中国房地产史上最大规模的企业清算进入深水区,更 揭示出全球司法体系对跨国资本逃逸的联合围剿。 (二)全球资产网络:23个司法管辖区的联动 接管令覆盖的资产遍布四大洲: (三)银行账户冻结:资金 ...
许家印家族资产被接管或冻结
Di Yi Cai Jing Zi Xun· 2025-10-10 15:31
2025.10.10 据每日经济新闻,近期,香港特别行政区高等法院原讼法庭(下称香港高等法院)判令中国恒大集团的 清盘人为许家印家族相关资产的接管人。 此前,香港高等法院已针对许家印名下资产作出全球禁制令,明确禁止其处置全球范围内价值上限为77 亿美元的资产。针对此消息,香港高等法院相关法律材料显示,中国恒大的清盘人要求冻结的许家印家 族资产涉及33家境外公司,7个以许家印本人或境外名义公司开设的银行账户。而在本次判决中,香港 高等法院允许中国恒大的清盘人接管许家印100%实际控股的境外公司,7个相关银行账户均已被冻结。 微信编辑| 小羊 第一财经持续追踪财经热点。若您掌握公司动态、行业趋势、金融事件等有价值的线索,欢迎提供。专 用邮箱:bianjibu@yicai.com (注:我们会对线索进行核实。您的隐私将严格保密。) ...