Faile audio, securities disputes general representative of lawsuit!

IT Open Net 28/09/2021 139

Listed company fraud, fined upper limit of 600,000. This statement lasted for many years before the new "Securities Law" was released.

The current "Securities Law" will be amended to the upper limit of fraudulent issuance, from the top 5% fifth fifth of the funds, raising the fundraising funds; for the information disclosure of listed companies, from the highest It can be fined six hundred thousand yuan, an increase of 10 million; for the issuer's controlling shareholder, the actual controller organization, means that the false statement is, or the relevant matters lead to false statements, the provisions can be tens 10 million yuan Fine, etc.

In terms of compensation, you can also transfer to civil compensation processes. The new securities method explored the securities civil litigation system to adapt to my country, stipulating that the investor protection agency can act as a litigation representative, in accordance with the principles of the lawsuits of the "instructions", "inspiration to join", according to law, file civil damage claims for victims of victims.

On May 12th, the Shanghai Financial Court publicly announced the false statement of Feira audio securities, and the defendant Feiyu sound should pay the investment loss of 315 investors such as the plaintiff to pay more than 1.23 billion yuan, per capita compensation 39 More than 10,000 yuan, this is the first judicial practice of the ordinary representative of securities disputes in my country.

It is important that ordinary investors have two misunderstandings for this matter.

First, the original "Securities Law" is a fine limit of 600,000 is a misunderstanding;

Second, Fei Lecheng is the first case of the first judicial practice of ordinary representative litigation, but not the first case of stockholders.

Faile audio, securities disputes general representative of lawsuit!

First, the SFC is the cooperation of the Securities Law

The original "Securities Law" is scheduled in 1998, at the time, 600,000 is a huge amount. It is important to consider this amount with a very big shock. As a result, after 20 years, 600,000 is not enough to drink tea money.

Why set the upper limit? Because the law also restricts the power of law enforcement agencies. After all, it is the law enforcement authority. If the law is too strict, there is no elimination of law enforcement agencies to abuse their power, leading to the persecution of entrepreneurs.

It is inconvenient here, and many entrepreneurs have a lingering on the abuse of power.

Moreover, the amendments to the law are more complicated, and the number of people in the country is the National People's Congress. Although it seems unreasonable, the SFC has been promoting the revision of the relevant content.

Many investors misunderstood the most, 600,000 is not the upper limit of fakers! ! ! 600,000 is only the upper limit of the "Securities Law"! ! !

In the "Securities Law", there are also laws and regulations such as "Company Law", "Criminal Law", "Tax Law", "VAT Tax Ordinance", of which a considerable part of the law is not capable.

Second, the "Company Law", "Criminal Law" is not capable!

Listed companies that violate the Securities Law often violate other laws and regulations such as "Company Law", "Criminal Law", and meet standards, usually handed over to the judiciary disposal.

600,000 upper limit is just the jurisdiction of the original "Securities Law".

Taking the common notification common to the Securities Regulatory Commission as an example: a way to make a value-added tax invoice, etc.

This article, proper violation of the Criminal Law, the Tax Law, and the Provisional Regulations on VAT.

The "Criminal Law" law is such a provision: Article 206 Forged or sell forged VAT special invoices, sentenced to less than three years, criminal detention or control, and a fine of more than 20,000 yuan more than 20,000 yuan The quantity is large or otherwise, it is punished for more than ten years in more than ten years. It is penalized below 50,000 yuan or more yuan; the number is huge or otherwise particularly serious circumstances, and it is more than ten years Or in order to imprisonment, it is penalized or confiscated property or less than 50,000 yuan.

Forged and sell forged value-added tax invoices, the number is particularly huge, the plot is particularly serious, seriously destroying the economic order, life imprisonment, and confiscation of property.

Therefore, everyone misunderstand the Securities and Futures, 600,000 is not the upper limit of fake people! There is a prison disaster behind, and it may even be no life! ! !

Third, the fake listing company was punished for billions

According to the Supreme Law, "a number of provisions on the trial of the civil compensation cases caused by false statements", listed companies have led to damage to investors due to false statements, and should bear the responsibility of civil compensation.

The keywords with "Securities False Statement" are found in the Chinese referee document network search, and the one-reviews of civil ruling more than 5,000, and the proportion of the decision year in 2017 will accounted for nearly 70%.

"A-share listed company Risk White Paper (2019)" Data Show, in terms of civil claim, 2009-2018 A-share market listed company's claims have reached 5.54 billion yuan, involving nearly 10% of listed companies (330 ) And more than 70,000 shareholders, in which the amount of claims in the past five years is nearly 80%.

Obviously, before the new securities law, the fice of falsifying the company is not just 600,000.

Although the shareholders have relatively difficult rights, there are many successful cases in recent years, and the amount of compensation is also charged. For example, Wanfusiko, Coron Electric and other classic cases.

Fourth, the revelation of Feile sound

After more complete "Securities Law" released, especially the "Regulations on Several Issues Concerning the Representative of Securities Disputes", ordinary investors have a convenient channel to maintain their own interests.

Since 2019, I have never had a lot of powerlessness. As the economy is developing and the changing of the international situation, A shares have been fully transformed, and the direction of transformation is the international capital market that matches China's economic status.

It is very important to supervise the strengthening. Supervision includes two aspects, on the one hand, the laws and regulations are sound, and on the other hand, the strict management of intermediaries (market watchdogs).

We found that the two years have become less and less, playing the role of the market automatic adjustment, starting strictness and dealing with a part of the accounting firm and even ban a part of the registered accountant.

The awareness of A shares is still resumed in 10 years ago, even 20 years ago, it will be eliminated by the market.

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