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According to statistics, as of now, nearly 1,000 investors across the country have filed suits in court through various channels, and the follow-up is still increasing. Many investor rights lawyers estimate that the case may become Chinese investment. The case with the largest number of rights defenders in the history of rights protection.
The reporter reviewed Foshan Lighting's 2012 semi-annual report and found that as of the end of the 2012 semi-annual report, Foshan Lighting had a total of 160,494 shareholders, and the false statement of Foshan Lighting's false statement was revealed on July 6, 2012, very close to the 2012 half year. The end of the newspaper. According to investors in the rights defending industry, if all the investors who meet the claim conditions file a lawsuit, Foshan Lighting will eventually face a claim of about 160,000 investors.
People in contact with the court said that the Guangzhou Intermediate People's Court has prepared tens of thousands of investors to sue Foshan Lighting. At present, any case brought before the lawsuit is accepted normally. In the case of the above-mentioned agent, the court is in All the cases were accepted within one day. According to lawyers, this is a model in the country.
On March 7, 2013, Foshan Lighting Announced the Administrative Punishment Decision issued by the Guangdong Regulatory Bureau of the China Securities Regulatory Commission. The penalty decision determined that there were illegal activities in Foshan Lighting, including the 2010 periodic report and the interim report information disclosure illegal, mainly including According to the law, the lithium-ion positive electrode of Foshan Lighting Holdings Co., Ltd. was provided as a guarantee for the bank loan of 40 million yuan of related company Lanke Lithium, and the behavior of Foshan Lighting and Qinghai Power to jointly set up the positive electrode of lithium battery was not disclosed. The behavior and acquisition of related transactions such as the equity of Shanghai Liangqi and Foshan Shan State.
According to the regulations, Foshan Lighting's false statement implementation date is July 15, 2010, and the false statement disclosure date is July 6, 2012. On that day, Foshan Lighting issued a notice saying that the Guangdong Securities Regulatory Bureau took regulatory measures due to information disclosure violations. Investors who bought Foshan Lighting stocks (including B shares) from July 15, 2010 to July 6, 2012, and who sold shares after July 6, 2012, caused losses or continued to hold stocks Claim.
Lawyers said that at present, the lawyers' prosecution only regards one main body of the listed company as the defendant. However, according to the judicial interpretation, the issuer, the directors, supervisors and managers responsible for the listed company must bear joint and several liability for the relevant losses. Unless there is evidence that there is no fault.
According to the administrative penalty decision issued by the Guangdong Regulatory Bureau of the China Securities Regulatory Commission, the then chairman and general manager Zhong Xincai was warned and fined. The relevant penalties indicate that Zhong Xincai and other senior managers who are responsible for Foshan Lighting's false statements should bear joint and several liability for the loss of the investors. Therefore, the subsequent prosecution may consider adding Zhongxincai and other responsible executives as co-defendants and requesting them. The company shall be jointly and severally liable for the loss of the investor. The data shows that Zhong Xincai still holds 876,206 shares of Foshan Lighting, which is a favorable property guarantee for joint liability.
For the recent indictment of Foshan Lighting by several investors, the reporter called Foshan Lighting to try to prove to his secretary, but failed to talk to the secretary-general. The male staff who answered the phone at Foshan Lighting said that the company has not received the court. In respect of the notice, the plaintiffâ€™s complaint filed by the court was not received, so the matter was not announced. However, he stressed that as long as the court notice is received, the company will issue an announcement at the first time to disclose the litigation to the general public.
In response to Foshan's lighting, an interviewed legal person believes that after the formal acceptance of the case, the court will usually deliver the indictment to the defendant within five days. For Foshan Lighting, they have not received any complaints in recent months. When the lawsuit is filed, and if the plaintiffâ€™s case has indeed been accepted, it is impossible to figure out where the problem is.
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