--- title: "Thai Court Confirms Validity of Resolution by Red Bull Vitamin's Controlling Shareholder to Remove Yan Bin as Chairman" description: "Red Bull, originally from Thailand and popular worldwide, has been embroiled in a trademark litigation between its founder's Xu family and Red Bull Vitamin Beverage Co., Ltd. (Red Bull Vitamin) in China for over three years. Recently, a significant court ruling has stirred new waves in this battle. Reports show that as early as September 20, 2016, Red Bull Vitamin Beverage (Thailand) Co., Ltd. (Thai Red Bull), as the controlling shareholder, removed Yan Bin from his positions as legal representative and director of Red Bull Vitamin." author: "New Distribution" publisher: "New Distribution" email: "zhaobo258@gmail.com" telephone: "+8615854817671" published: "2019-09-30" categories: "Consumer & Categories" language: "en" canonical: "https://xinjignxiao.com/en/articles/thai-court-confirms-validity-of-resolution-by-red-bull-vitamin-s-control-94a98a8d/" markdown: "https://xinjignxiao.com/en/articles/thai-court-confirms-validity-of-resolution-by-red-bull-vitamin-s-control-94a98a8d.md" original_source: "https://mp.weixin.qq.com/s/fo2Sjsdrbd8HX9wi0qqgxg" translation: "https://xinjignxiao.com/zh/articles/%E6%B3%B0%E5%9B%BD%E6%B3%95%E9%99%A2%E7%A1%AE%E8%AE%A4%E7%BA%A2%E7%89%9B%E7%BB%B4%E4%BB%96%E5%91%BD%E6%8E%A7%E8%82%A1%E8%82%A1%E4%B8%9C%E7%BD%A2%E5%85%8D%E4%B8%A5%E5%BD%AC%E8%91%A3%E4%BA%8B%E9%95%BF%E8%BA%AB%E4%BB%BD%E7%9A%84%E5%86%B3%E8%AE%AE%E6%9C%89%E6%95%88-94a98a8d.md" attribution: "New Distribution — https://xinjignxiao.com/en/articles/thai-court-confirms-validity-of-resolution-by-red-bull-vitamin-s-control-94a98a8d/" citation: "New Distribution. “Thai Court Confirms Validity of Resolution by Red Bull Vitamin's Controlling Shareholder to Remove Yan Bin as Chairman.” New Distribution, 2019-09-30. https://xinjignxiao.com/en/articles/thai-court-confirms-validity-of-resolution-by-red-bull-vitamin-s-control-94a98a8d/" usage_policy: "https://xinjignxiao.com/ai-policy.txt" --- # Thai Court Confirms Validity of Resolution by Red Bull Vitamin's Controlling Shareholder to Remove Yan Bin as Chairman > Red Bull, originally from Thailand and popular worldwide, has been embroiled in a trademark litigation between its founder's Xu family and Red Bull Vitamin Beverage Co., Ltd. (Red Bull Vitamin) in China for over three years. Recently, a significant court ruling has stirred new waves in this battle. Reports show that as early as September 20, 2016, Red Bull Vitamin Beverage (Thailand) Co., Ltd. (Thai Red Bull), as the controlling shareholder, removed Yan Bin from his positions as legal representative and director of Red Bull Vitamin. Red Bull, originally from Thailand and popular worldwide, has been embroiled in a trademark litigation between its founder's Xu family and Red Bull Vitamin Beverage Co., Ltd. (Red Bull Vitamin) in China for over three years. Recently, a significant court ruling has stirred new waves in this battle. **Reports show that as early as September 20, 2016, Red Bull Vitamin Beverage (Thailand) Co., Ltd. (Thai Red Bull), as the controlling shareholder, removed Yan Bin from his positions as legal representative and director of Red Bull Vitamin.** Recently, a Thai court confirmed the validity of this Board Resolution. **As a result of this ruling, the chairman of Red Bull Vitamin will be changed.** The judgment states that Thai Red Bull, a company established in Bangkok by the Xu family and Yan Bin, holds 88% of Red Bull Vitamin's shares. According to Red Bull Vitamin's articles of association, Thai Red Bull has the right to appoint four directors and designate one as chairman and legal representative. **On September 20, 2016, Thai Red Bull passed a board resolution to remove Yan Bin from his positions as chairman and legal representative of Red Bull Vitamin, and to replace several other board members.** Subsequently, Yan Bin attempted to overturn this resolution, but **the Bangkok Court of Appeal issued a second-instance judgment on August 20 this year, dismissing Yan Bin's appeal and upholding the first-instance judgment of the Southern Bangkok Civil Court on July 3, 2018.** This Thai court ruling may provide a basis for their legal disputes in China. According to the judgment, the Xu family alleged that Red Bull Vitamin had been under Yan Bin's control since its establishment, generating substantial profits but not paying dividends to any shareholders. On September 6, 2015, at a meeting in China between Xu Xiongxin (representing the Xu family) and Yan Bin, the Xu family demanded dividend payments. Yan Bin claimed dividends had been paid but were held in his private company accounts in Hong Kong, and promised to pay dividends after the resolution of the Thai Red Bull equity dispute. In this dispute, the Xu family revealed another hidden detail: after Mr. Xu Shubiao's death, Yan Bin presented a memorandum of agreement signed by Mr. Xu Shubiao, stating that Yan Bin agreed to pay for 49% of Thai Red Bull's shares; however, Yan Bin overpaid. Therefore, Mr. Xu Shubiao agreed to return the excess payment to Yan Bin, but Mr. Xu Shubiao passed away before transferring the 49% shares and repaying the excess amount. The Xu family stated they were previously unaware of this fact and could not confirm its authenticity. Before this, Yan Bin only held 32% of Thai Red Bull's shares. Subsequently, to resolve the dispute, at a special shareholders' meeting in 2015, the Xu family agreed to transfer 49% of the shares to Yan Bin on October 30 of that year, along with the excess payment Yan Bin claimed to have made for Thai Red Bull shares, amounting to 4.36 million Thai baht (approximately 1.0147 million RMB). However, after the Thai Red Bull equity dispute was resolved, the Xu family claimed that Yan Bin still had not paid the promised dividends. According to information in the judgment, over more than 20 years of operation, Red Bull Vitamin had total distributable profits of 1.251 billion RMB to shareholders, with distributable profits to controlling shareholder Thai Red Bull as high as 728 million RMB. Furthermore, the Xu family's investigation found that several new Red Bull factories established by Yan Bin in China were his private factories without any brand authorization. Based on multiple findings, the Xu family filed several lawsuits against Yan Bin under Chinese law, including claims over trademark ownership. Additionally, according to the National Enterprise Credit Information Publicity System, Red Bull Vitamin's operating period expired on September 29, 2018, but as of now, Red Bull Vitamin products are still being produced and sold normally in the Chinese market. In July this year, Huabin Group released its first-half 2019 performance, with Huabin FMCG sales reaching 15.03 billion RMB, of which Red Bull sales were 13.89 billion RMB, accounting for 92.42%. As of press time, Red Bull Vitamin and Huabin Group have not yet responded publicly to the Thai court's ruling. Once the tip is adopted, a payment of 400-2000 RMB will be made. **China FMCG + Internet Professional New Media** **Committed to FMCG manufacturer and distributor transformation and channel digital solutions** --- ## Citation metadata - Publisher: New Distribution - Author: New Distribution - Published: 2019-09-30 - Canonical: https://xinjignxiao.com/en/articles/thai-court-confirms-validity-of-resolution-by-red-bull-vitamin-s-control-94a98a8d/ - Original source: https://mp.weixin.qq.com/s/fo2Sjsdrbd8HX9wi0qqgxg ## Copyright and AI use This article is sourced from New Distribution. Search, quotation, summarization, and model training are permitted, but every use must credit New Distribution and retain the canonical source URL. Contact: zhaobo258@gmail.com · +86 158 5481 7671