Have you refunded your deposit since the founder of OFO Little Yellow Car, Dai Wei, went to the United States to sell coffee?

Tech 2023-05-17 16:53:53 Source: Network

Recently, there has been a hot topic: Dai Wei, the founder of OFO Little Yellow Car, went to the United States to sell coffee and start a new business.Have you also used the ofo yellow car and paid a 199 deposit, but are you still queuing up to refund the deposit? Do you want to know who this Dewey is? How can he go to the United States with the matter of ofo still unresolved? Why was he not restricted from leaving the country and not held accountable?Today, we will be eating melons while studying a few legal issues

Recently, there has been a hot topic: Dai Wei, the founder of OFO Little Yellow Car, went to the United States to sell coffee and start a new business.

Have you also used the ofo yellow car and paid a 199 deposit, but are you still queuing up to refund the deposit? Do you want to know who this Dewey is? How can he go to the United States with the matter of ofo still unresolved? Why was he not restricted from leaving the country and not held accountable?

Today, we will be eating melons while studying a few legal issues.

The operating entity of OFO is Dongxia Datong (Beijing) Management Consulting Co., Ltd. Its upper parent company is OFO (HK) Limited, a Hong Kong company.

OFO also has an affiliated company, Beijing Baiklock Technology Co., Ltd.

Dai Wei is the founder of OFO and was the executive director and legal representative of Dongxia Datong before October 2018.

Dai Wei is still the major shareholder, chairman, general manager, and legal representative of Beijing Baiklock.

It can be found online that several companies of ofo have been listed as dishonest and executed individuals, that is, laolai. This means that OFO Company has been ordered by the court to repay the creditors, but they have not fulfilled their obligations. Actually, ofo company is definitely out of money, and now it's all bankrupt.

The deposit for ofo Xiaohuang's car has a guarantee nature to prevent users from riding Xiaohuang without paying or causing damage to the car. At that time, the shared bicycle industry was in a period of savage growth, and financial regulation had not yet caught up.

In addition, the gym and hair salon recharge cards we often encounter around us are a form of prepaid consumption.

Whether it's a deposit or a recharge card, inadequate capital supervision carries the same risk, that is, if the company goes bankrupt or the boss runs away, it will be difficult for us to recover our money.

The "Measures for the Management of User Funds in New Forms of Transportation (Trial)" introduced in 2022 clarifies the supervision of deposits and prepaid funds for online reservation taxis, car time sharing leases, and internet bike rentals.

By the way, the ones we recharge in restaurants and barbershops are called single purpose commercial prepaid cards. The "Management Measures for Single Purpose Commercial Prepaid Cards (Trial)" also have corresponding regulations for the retail, accommodation, catering, and resident service industries to carry out single purpose commercial prepaid card business. But the gym is not among them, perhaps this is also one of the reasons why gyms often run away.

As the founder and legal representative of OFO Company, does Dai Wei not have any responsibility towards the creditors of OFO?

In general, he really doesn't have the responsibility to repay the money.

As an important invention of modern economy and society, the core feature of a company is limited liability. Shareholders assume responsibility for the company within the limit of their capital contributions, which avoids individuals from assuming unlimited responsibility and causing bankruptcy. This can stimulate people's motivation for innovation and promote the development of the social economy.

In special circumstances, when shareholders have certain faults, they can also "pierce the veil of the company" and make shareholders bear the responsibility of the company with their personal property.

Of course, besides being a shareholder, Dai Wei is also the legal representative of OFO Company, and it is not that he has no responsibility at all for the company. So, due to many cases of OFO, Dewey has long been restricted from high consumption by the court.

So, why can Dewey still go to the United States to start a business? Isn't he restricted from high consumption? How can one still go abroad by plane?

This involves two legal concept: restricting high consumption and restricting exit.

Restricting high consumption refers to a mandatory measure taken by the court to compel the person subjected to enforcement to fulfill their debts, such as restricting them from taking high consumption transportation such as planes, high-speed trains, soft sleeper trains, and second class or higher seats on ships.

However, restricting high consumption does not restrict the person being executed from applying for a passport or leaving the country. As long as Dewey does not take high consumption transportation to go abroad, he has not violated the consumption restriction order.

So what is the restriction on leaving the country? In civil litigation, at the execution stage, the parties can apply to the court, and the court can also take proactive measures to restrict the enforced person from leaving the country. If the person subjected to execution is a unit, the legal representative, main responsible person, or directly responsible person who affects the performance of the debt may be restricted from leaving the country.

However, restricting exit requires the cooperation of the public security bureau and border ports, and the court's approval process is relatively cumbersome. Moreover, even with restrictions on outbound travel, there is only a 30 day deadline at a time. So, in civil litigation, restrictions on leaving the country are not as common as restrictions on high consumption.

I haven't seen any public information online that Dewey has been restricted from leaving the country. Perhaps it is because no one has applied to the court to restrict his exit, or perhaps it is because the court has not approved it, or the deadline for restricting his exit has already passed.

In short, without explicitly prohibiting him from leaving China, Dewey can legally leave China.

In the face of the OFO mess, Dai Wei, like Jia Yueting, can still go to the United States to start a new business. For ofo deposit users, it's definitely not something to be happy about.

But from another perspective, perhaps this is also a reflection of modern economic society and civilization, after all, he has not committed any illegal crimes, and giving him a chance is not a bad thing. If he can really make a comeback, wouldn't our deposit be a bit more likely?

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