In addition to ofo and About Time Coffee, Dai Wei has other business ventures. According to enterprise information platform Qichacha, Dai Wei still has four active external investments. Among them, he holds a 2.12% stake in Ningbo Wei Lie Investment Management Partnership (Limited Partnership) and a 4.3% stake in Beijing Roaming Interstellar Technology Co., Ltd.
However, risk information indicates that Dai Wei has 40 restrictive consumption orders against him, with the latest one issued on March 22, 2023, all related to cases involving ofo-related companies.
The restrictions imposed on Dai Wei in the consumption orders mainly include: not being allowed to take flights, soft sleeper trains, or second-class cabins on ships; not being permitted to engage in high-consumption activities at venues such as star-rated hotels, clubs, golf courses, etc.; and not being allowed to purchase real estate or construct, expand, or luxuriously renovate houses.
Against this backdrop, how can Dai Wei go abroad? Lawyer Yang Chuanping from Beijing Tianda Gonghe (Chengdu) Law Firm analyzed, “It is clearly not feasible for the person subject to the consumption restrictions to purchase plane tickets using their ID card and travel abroad. So I think he may have found some loopholes, such as using a passport or traveling through a third country.”
Yang Chuanping stated that the consumption orders restrict the right of the person subject to the order to take flights, but going abroad does not necessarily rely solely on airplanes as a means of transportation.
In light of the above circumstances, why can Dai Wei still start a business and successfully raise funds abroad?
Shen Meng, a director at Xiangsong Capital, believes that the disputes between ofo and consumers are the responsibility of the legal entity and not directly related to Dai Wei personally. Therefore, starting a business in the United States is a normal personal choice.
From a legal perspective, Yang Chuanping believes that the nature of the liabilities should be distinguished first, whether they are liabilities of the company or personal liabilities. “The shareholders of a limited liability company bear responsibility within the limits of their subscribed capital and do not need to bear additional liabilities in the absence of other obligations.”
According to Yang Chuanping, as a startup company, there are indeed significant entrepreneurial risks. Therefore, in general, capital has a certain level of tolerance and resilience toward startup companies and entrepreneurs.