The "dispute over control" of anmou technology for nearly two years has made substantial progress. Liu Renchen, the new chief executive of anmou Technology Co., Ltd. (hereinafter referred to as "anmou") delivered a public speech with the new CEO of anmou Technology Co., Ltd. on May 6. Liu Renchen said that the company will continue to maintain independent development, and the change of leadership and board of directors will not change the independent company in which anmou technology holds a majority stake as a Chinese investor.
According to the new management information provided by anmou technology, Liu Renchen once served as the general manager or member of the Investment Committee of many R & D and investment institutions. He graduated from Tsinghua University with a bachelor's degree and obtained a doctorate from Oxford University; Chen Xun is a managing partner of Softbank investment advisors, with a background in physics from Peking University and a doctorate in electronic engineering from Stanford University.
New management takes over anmou Technology
On the 5th, anmou China issued a statement, "In view of the fact that Wu xiongang, the former CEO dismissed by the company, refused to implement the resolutions of the board of directors, wantonly challenged the bottom line of the law and refused to hand over the management power of the company, in order to avoid the infringement of the interests of the company and shareholders and protect the legitimate rights and interests of the company's employees and customers, the new management decided to use the 'official microblog of anmou technology' as the only official channel to release information about the company from now on. Any other channels without the authorization of the company, such as Other microblog accounts, websites, wechat official account (such as anmou technology, arm China, etc.), domain names, expired business licenses and official seals of the company illegally controlled by xiongang do not represent the opinions of the company and its shareholders. The company reserves the right to investigate its legal responsibility for the acts of misappropriating the company's name and publishing false information. "
At the employee online conference held on the 6th, Liu Renchen said that the independence, strategic direction, employee option commitment and organizational structure of anmou technology will remain unchanged.
"The change of the company's legal representative and CEO is not a unilateral act of any foreign shareholder. Therefore, the external statement that some foreign shareholders take back the joint venture is completely empty." Liu Renchen said that the change of leadership will not affect the positioning and development of anmou technology as an independent company with a majority stake held by Chinese investors, and will continue to maintain independent development in the future and continue to provide services and support for the development of relevant industries in China.
In addition, for the employee stock ownership plan (ESOP), the board of directors of anmou technology promised that under the leadership of the new leadership, after the smooth transition and normal operation of the company, it would immediately implement ESOP and issue options to the existing employees of anmou technology. After the change of management, there is no so-called mandatory layoff plan.
An anmou technology employee who participated in the above employee meeting told the first financial reporter that the above meeting lasted half an hour, with more than 800 participants, basically covering the whole company's employees, and the speech of the new management mainly focused on the company's future strategy. "For ordinary employees, the mentality is to do a good job in the work at hand and abide by the company's regulations after the new business license and official seal issued by Shenzhen market supervision and Administration Bureau."
Wu xiongang questioned the team
On June 5, 2018, Softbank group announced that its chipmaker arm agreed to sell 51% of its Chinese subsidiary ARM Technology China to a consortium led by hou'an innovation fund at a price of US $775.2 million, so as to establish a joint venture for arm in China.
In the same year, anmou China was officially established as a joint venture with a valuation of 10 billion yuan, with 51% held by Chinese capital and 49% held by arm, of which Chinese investors signed a concerted action agreement.
In the latest equity structure of anmou China, the UK based arm limited still holds 47.33% equity and is the largest single shareholder. However, since June 2020, anmou has been trying to dismiss Wu xiongang by joining hands with Hopu investment. However, Wu xiongang holds the "official seal" of the company and remains the legal representative of anmou China until the end of April.
In the latest news, anmou technology, represented by Softbank, said that it had legally obtained a new business license and official seal.
However, Wu xiongang's team said that there were legal defects in the effectiveness of industrial and commercial change registration.
The above team believes that the resolution of the board of directors on June 4, 2020 ("6.4 resolution of the board of directors") to remove Chairman Wu Xiong from his post has been questioned due to the procedure and content, and its effectiveness is still under trial in the court. Before the effective judgment document of the case is made, the validity of the resolution of the board of directors in 6.4 is pending, and Wu xiongang's position as chairman of the board of directors cannot be removed because of the resolution.
Secondly, if Wu xiongang still retains the status of director and serves as the chairman of the board of directors, and the company wants to hold a meeting of the board of directors on changing the management, the legal representative of the company and the chairman of the board of directors, the pre procedures should be completed in accordance with the provisions of the company law and the articles of Association (such as notifying the members of the board of directors of the meeting time and proposed contents in advance). Even if anmou China does not hold a meeting, relevant resolutions must be signed and sealed by all shareholders in accordance with Article 5 (1) of the interpretation of the company law (IV). In the absence of special provisions in the articles of association, if the shareholders behind Wu xiongang do not know and sign the relevant resolutions, anmou China is obviously unable to obtain the resolutions required for the registration of the legal representative of this change.
In addition, the replacement of business license and the change of the company's personnel (directors and supervisors) need the signature of the legal representative, and the original legal representative Wu xiongang seems to be unaware of the change.
However, in this regard, anmou technology said that on April 28, Mr. Liu Renchen was approved to register as the legal representative and general manager of the company by Shenzhen market supervision administration. The company also legally obtained a new business license and official seal the next day and publicized it. The reporter noted that at present, the information such as the legal representative of anmou China has been changed in the national enterprise credit information publicity system and qixinbao query system.
The above-mentioned anmou technology employees told reporters that the recent anmou storm has made the semiconductor industry eat "melons" several times, and the employees' mood has also been affected. At present, we only hope to return to a stable state as soon as possible.
"Two years ago, President Wu told us that this was a contradiction between him and major shareholders and would seek a solution. Two years later, this matter has not been solved. Although the CEO has very strong personal ability, from the perspective of internal employees, the continuous disputes are not conducive to the long-term development of the company."
Author / Li Na