不良债权交易
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为获贷款买不良债权,中房北京公司陷债务漩涡
经济观察报· 2026-02-12 14:11
Core Viewpoint - The article discusses a complex dispute involving China Real Estate Development Beijing Co., Ltd. (中房北京公司) and Guizhou Bank (贵阳银行) regarding a series of operations to acquire non-performing debts, which led to issues of fund circulation, debt recovery, and disputes over debt transfer, raising questions about the compliance and financial boundaries of the transactions [1][2]. Summary by Sections Background - In September 2019, Liu Keyang, the legal representative of China Real Estate Development Beijing Co., Ltd., negotiated a loan of 2 billion yuan with Guizhou Bank, contingent upon the acquisition of non-performing debts from the bank [4]. - A cooperation agreement was signed on November 5, 2019, where China Real Estate Development Beijing Co., Ltd. would acquire 51% of Xinji Leather City Co., Ltd. (辛集皮革城) and provide financing of 500 million yuan [4][5]. Loan and Debt Transactions - Guizhou Bank issued a loan of 750 million yuan to Xinji Leather City on November 27, 2019, with collateral from Xinji Leather City's assets [4][5]. - The loan was disbursed in three installments from December 9 to December 23, 2019, with part of the funds being transferred to a subsidiary of China Real Estate Development Beijing Co., Ltd. [6][7]. - On December 16, 2019, Guizhou Bank transferred debts worth 647 million yuan to Tian Di He Ming Technology Group Co., Ltd. (天地合明) [6][8]. Legal Disputes - In January 2021, Xinji Leather City filed a lawsuit against China Real Estate Development Beijing Co., Ltd. and others, seeking to terminate the loan agreement and recover 610 million yuan [9]. - The court ruled in December 2021 that the involved parties must repay the loan, and the proceeds from the disposal of non-performing debts should be prioritized for repayment [13]. Regulatory Findings - In October 2025, the Guizhou Regulatory Bureau acknowledged issues with Guizhou Bank's loan issuance, noting insufficient verification of the loan's intended use [16][17]. - The investigation revealed that 580 million yuan of the loan was redirected to acquire the bank's own non-performing debts, raising compliance concerns [17][18]. Implications and Controversies - The article highlights that despite the flaws in the loan issuance process, Guizhou Bank managed to recover its non-performing debts, benefiting from the situation [18]. - There are ongoing disputes regarding the use of loan funds, with allegations of contract violations and potential legal ramifications for Liu Keyang and associated parties [19][20].
为获贷款买不良债权,中房北京公司陷债务漩涡
Jing Ji Guan Cha Wang· 2026-02-12 13:17
Core Viewpoint - The article discusses a complex legal dispute involving Guiyang Bank, Xinji Leather City, China Real Estate Development Beijing Co., Ltd., and Tian Di He Ming Technology Group Co., Ltd., centered around a series of loan arrangements and the acquisition of non-performing debts, raising questions about compliance and financial boundaries [2][3][4]. Group 1: Background of the Dispute - In September 2019, Liu Keyang, the legal representative of China Real Estate Development Beijing Co., initiated contact with Guiyang Bank for a loan of 2 billion yuan, contingent upon acquiring non-performing debts from the bank [3]. - A cooperation agreement was signed on November 5, 2019, where China Real Estate Development Beijing Co. would acquire 51% of Xinji Leather City and provide financing of 500 million yuan [3][4]. - On November 27, 2019, Guiyang Bank signed a loan contract for 750 million yuan with Xinji Leather City, secured by its assets, despite some being already mortgaged [4]. Group 2: Loan Disbursement and Fund Flow - Between December 9 and 23, 2019, Guiyang Bank disbursed the 750 million yuan loan to Xinji Leather City, which subsequently borrowed 610 million yuan from a subsidiary of China Real Estate Development Beijing Co. [5][6]. - The funds were used to purchase non-performing debts from Guiyang Bank, with 610 million yuan being transferred through various accounts within the bank [7][8]. - By May 2020, it was confirmed that the borrowed funds were utilized to acquire the bank's non-performing debts, raising compliance concerns [8][10]. Group 3: Legal Proceedings and Outcomes - In January 2021, Xinji Leather City filed a lawsuit against several parties, seeking to terminate the loan agreement and recover the 610 million yuan [10][11]. - A court ruling in December 2021 mandated the repayment of the loan, affirming the validity of the agreements made by Liu Keyang and others [11][12]. - The case was appealed, but the higher court upheld the original ruling in August 2023, allowing Xinji Leather City to pursue recovery of its debts [12][13]. Group 4: Regulatory Concerns and Findings - In September 2025, Tian Di He Ming reported Guiyang Bank for potential violations, leading to an investigation that found insufficient due diligence regarding the loan's purpose [14][15]. - The investigation revealed that a significant portion of the loan funds was redirected to acquire the bank's own non-performing debts, raising questions about the bank's oversight responsibilities [15][16]. - Legal experts noted that while Guiyang Bank exhibited several procedural flaws, it ultimately benefited from the recovery of its non-performing loans [16][17].