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恒大许家印资金转移海外的挑战与应对

Posted on 2023年10月24日

地产行业一直以来都是中国经济的支柱之一，但近年来，地产巨头们的一些操作开始受到广泛质疑，其中之一是地产公司实控人及其家属将财产转移到国外的问题。

恒大集团董事长许家印的案例引发了广泛关注，不仅让人们对地产公司的财务状况产生疑虑，而且还让大家注意到地产巨头们纷纷采取各种手段将财产转移到国外的现象。

本文将深入探讨中国地产巨头的财产转移问题，重点关注恒大集团的案例，并分析了这一现象所面临的挑战和应对。

我们还将探讨外国财产调查与定位在解决地产公司债务问题中的关键作用，并介绍了在加拿大执行中国判决的法律途径。

最后，我们建议地产公司债权人积极与专业团队合作，以确保债权人、购房者合法权益得到维护，同时也为中国金融安全与稳定提供了一些思考。地产债务问题愈发复杂，专业合作伙伴的支持将成为解决问题的关键。

本文来自渔渡咨询-跨境债务催收。想了解更多信息或业务咨询，可全网搜跨境债务催收。该业务是指为债权人找到债务人在国外的财产，在国外执行中国判决，用海外资产清收国内债务。

一、许家印资金转移海外引发调查和热议

许家印家族的资金转移到海外一事，引起了广泛关注和猜测。恒大集团是中国房地产开发商，成立于2006年，自那时以来，它已在香港上市12年，累积负债高达2万亿元。这使得恒大成为了有史以来负债最高的企业。

令人疑惑的是，许家印家族在恒大上市12年间分得了近港币600亿元的现金股利。更令人担忧的是，恒大不仅向股东分发了巨额现金股利，还以高达13%的年利率向许家印家族发行了高息美元债。这意味着，恒大的老板成功地将公司的利润转移到了自己的口袋中，同时还能通过债券获得高额利息。

最近，关于许家印将资产转移到海外的调查引起了广泛关注。中国恒大集团董事长许家印因涉嫌这一行为而受到了调查。这引发了人们对他与前妻丁玉梅的婚姻状况的猜测。有报道称，丁玉梅已经在境外，并持有加拿大护照，这进一步加深了人们的怀疑。

8月14日，恒大汽车发布的一则公告引发了对许家印婚姻状况的更多猜测。公告中提到，许家印的配偶丁玉梅在协议中被表述为“独立于本公司及其关联人士的第三方”，并且持有中国恒大已发行股份总数约5.99%。这一表述引发了市场对许家印夫妇是否已经“技术性离婚”的猜测。

许家印家族在恒大公司的负债问题和向境外转移资金问题引发了广泛的关注和争议。负债累累的地产巨头实控人们向海外转移资产，为中国妥善处理房地产行业的债务，蒙上了阴影。

二、地产巨头财产转移到国外的挑战

恒大许家印事件并非孤例。随着国内地产债务问题日益进入了白热化阶段，有关方面在处置地产债务上面临了前所未有的挑战。其中最大的挑战之一是地产公司实控人及其家属将财产转移到国外的问题。

恒大老板许家印妻子丁玉梅入籍加拿大，碧桂园老板之女杨惠妍入籍塞浦路斯，世茂地产老板许荣茂入籍澳大利亚。这些加入外国国籍的现象，都是为转移资产到国外做准备。

1. 财产的隐匿与转移

地产公司的老板们为了逃避债务清收，往往会采取各种手段将财产转移到国外。这可能包括将资金存入国外银行账户、购买海外房产、投资国际市场、设立离岸公司等。

这些财产的隐匿和转移使得债权人在清收过程中面临了严重的困境，因为这些财产不再受到国内法律的直接管辖。

2. 法律和法规的复杂性

资产转移到海外后，追回这些流失的财产中将会面临不同国家和地区法律和法规的复杂性。

远赴海外调查和清收这些转移到外国的财产，需要遵守不同国家和地区的法律，这要求跨境债务催收团队在清收过程中具备深入的法律知识和跨文化法律理解。这种障碍也导致地产巨头老板们认为资产在海外便会万无一失。

3. 跨文化挑战

清收工作还需要面对不同国家和地区的文化差异。在与债务人和当地法律机构打交道时，跨境债务催收团队必须充分尊重当地文化和法律的差异，以建立良好的合作关系。文化的不同可能导致误解和沟通障碍，因此，地产公司债权人需要具备跨文化沟通和协商的能力。

三、外国财产调查与定位：关键一环

在地产公司债务危机中，针对其实控人及其家属的外国财产进行调查，是解决其债务问题的重要环节之一。

外国财产调查目的是全面了解债务人的资产情况，包括实控人及其家属的海外资产情况。通过财产调查，金融机构可以掌握债务人的资产规模和分布情况，为后续的清收工作提供数据支持。

此外，财产调查还可以发现债务人的隐匿资产和转移财产的行为，防止债务人逃避债务，保护债权人的合法权益。

在财产调查过程中，地产公司债权人需要特别关注债务人家属的活动和财产情况。一些债务人可能会将财产转移至家属名下，以逃避债务。因此，追踪家属的活动和财产成为财产调查的重要一环。

在进行海外财产调查与定位的过程中，跨境债务催收专业团队发挥着重要的作用。跨境债务催收专业团队具备丰富的外国法律知识和实践经验，可以为债权人提供法律建议和指导，确保清收程序的合法性和有效性。

此外，跨境债务催收专业团队还可以协助金融机构进行财产调查和追踪家属的活动与财产，其具有成熟的资产调查资源，可以提供专业的法律支持和协助。

因此，地产公司债权人在进行债务人海外调查与定位时，需要积极寻求与专业团队的合作，共同维护自身的合法权益。浩天律师事务所杜国栋律师的跨境债务催收团队和渔渡咨询在这方面有丰富的实践经验，可以为地产公司债权人全程负责外国的财产调查。

四、在加拿大执行中国判决：临门一脚

地产公司债权人要想追求转移到中国的财产，那么在中国执行中国判决，将是必须采取的措施。

据闻许家印的妻子潜逃加拿大，根据此情况，因此，我们将讲一讲，将来在加拿大执行中国判决的法律途径。

1. 加拿大承认中国判决的原则

加拿大法院通常承认并执行中国判决，但这必须满足特定条件。根据加拿大最高法院的先例和判例法，以下是承认中国判决的原则：

（1）作出判决的中国法院对诉讼有管辖权： 中国法院必须对中国判决的争议标的物具有管辖权，这可以是与被告之间的真实关联，与纠纷本身相关，或者是通过被告的同意获得的管辖权。

（2）中国判决是终局性的和确凿的： 中国判决必须是终局性的，不受其他法院的改变或撤销。它必须在中国法院的管辖范围内具有可执行性，并且没有未决的上诉程序。

（3）没有可提出的抗辩： 加拿大法院会审查是否存在抗辩。如果中国判决与以前的判决不一致，基于欺诈获得，基于中国刑法、税收或其他公法，或者违反了自然正义或公共政策，那么它可能不会被承认和执行。

2. 在加拿大执行判决的程序

一旦中国判决满足上述原则，地产公司债权人可以寻求在加拿大执行该判决。执行程序包括以下步骤：

（1）诉讼程序： 地产公司债权人必须在加拿大法院提起诉讼，提交中国判决并提出申请。法院会审查判决是否满足承认和执行的条件。

（2）财产查封与扣押： 如果判决涉及财产，地产公司债权人可以申请财产查封与扣押，以确保被告不会转移或隐匿财产。

（3）资产拍卖与变卖： 如果需要，法院可以批准对财产进行拍卖或变卖，以回收债权。

（4）资产回收与清算： 一旦地产公司债权人获得执行判决，他们可以开始回收和清算财产，将回收的资金分配给合法的权利人。

尽管加拿大和中国之间没有具体的承认与执行协定，但加拿大法院在执行中国判决时，遵循上述原则并采取合理的法律程序。

最近的案例表明，加拿大不列颠哥伦比亚省的法院已经承认并执行了多个中国法院的判决，这反映了加拿大法院在承认和执行中国判决方面的愈发开放和合作的态度。

这一趋势可能会为恒大等地产公司的债权人提供更多的法律途径，以维护其权益。浩天律师事务所杜国栋律师的跨境债务催收团队和渔渡咨询在这方面有丰富的实践经验，可以帮助这些地产公司的债权人实际推进在加拿大或其他国家的执行。

五、结语

在地产公司债务清收过程中，面临的挑战日益复杂，尤其是这些地产公司实控人及其家属将财产转移到国外的问题。外国财产调查与定位成为解决这一问题的关键一环，而在此过程中，专业的跨境债务催收团队扮演着不可或缺的角色，提供法律支持和协助。

对于地产公司债权人来说，与浩天律师事务所杜国栋律师的跨境债务催收团队和渔渡咨询合作将是明智之举。在解决地产债务问题的过程中，专业合作伙伴的支持至关重要。这支团队具备丰富的外国法律知识和实践经验，可以负责外国财产调查与定位，也可以在外国执行中国判决，如加拿大。因此，其可以专业地为地产公司的债权人们提供法律建议、专业的支持和协助，确保清收程序的合法性和有效性。

Photo by Tierra Mallorca on Unsplash

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308 thoughts on “恒大许家印资金转移海外的挑战与应对”

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