Wednesday, June 8, 2011

The mysterious 5 percent holder from Hebei list deal??? how they could skirt the law

One of the weirdest questions about yongye is who was the mysterious hebei distributor that yongye gave 3.6 MM shares to and  3MM in cash.   http://bit.ly/iXzihl    The first problem is that they refuse to tell us who the distributor is, and 2nd the filer refuses to file a form 13d, people who own 5 percent more of a company.  They have 10 days to file.  Yongye response is that they aren't responsible for the filings of distributor.  and to quote them," In any event, as far as we know, none of the individuals who received our shares in exchange for the sale of the Hebei distributor ended up owning more than 5% of our stock."   http://yhoo.it/iylGm6   The distributor in hebei wasn't an individual but a bunch of people? Or hebei distributor ended up distributing the shares.  But in their own filing they never said group of people, they said a distributor which is a company.  So the distributor ended up owning those shares, and was a 5 percent holder, and had to disclose to the sec a 13d.  It does not matter, what happened eventually, the  distributor was a 5 percent holder, they had a legal obligation to disclose it 10 days after the deal was finished.  The reason everybody is concern  is we dont know who they are , and what connections to the company they have, are they friends or family, we deserve to know.  Apparently this hebei distributor got so big, they had to buy him, or her or them, or what lol.   The company responded, by saying they are legally safe because they told the auditors who the distributor was. Now which apppears tobe a group of people.  Im sorry but telling your auditors doesnt satisfy anything. As we all know from the ccme scandal, rino, and etc the auditors job isn't there to do the due diligence of the investing public, they can't do the deep or even remedial checks, they just can't afford to check every claim, in reality it's an honour system.  So just telling the auditors, does nothing for us. Alittle note to homer sun who said he did extensive due diligence with morgan stanley on yongye.  I hope you personally were involved, and did not allow other people do your research.  As with the case of maurice greenberg in ccme or caryle group in china forestry. I hope homer, just does the indepth research and not rely on his china contacts and friends *guanxi*, and since the agreement allows him to ask for non public information, ask who were the hebei distributors, and then do a background check.  ask for everything that would be on the 13d filing.   Why is this so important, because this hebei deal is with a series of deals that doesnt make sense, from paying for car loans to distributors and employees, to owning apartments.  This company prided itself in being very open, so why wont they tell us who the distributors, and now apparently multiple individuals, who combine own more then 5 percent of the company.

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