roulettedecision| China Microelectronics (ST China Microelectronics) Stock Claim: Investors can prepare for claims when suspected of breach of trust and fraud are filed
editor 2024-05-17 10:06:29 Nature 26
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RecentlyRoulettedecisionZhang Xiangbing, a lawyer from Jiangsu Boaixing Law firm, which has represented too many major impact cases, specially reminded that Huawei Electronics (ST Huawei (rights protection)) has been filed on suspicion of Xinpi violation, and investors can prepare for claims. (lawyer Zhang Xiangbing column)
Jilin Huawei Electronics Co., Ltd. (hereinafter referred to as China Microelectronics and ST Huawei) issued a notice on May 17, 2024, saying: "the company received the notice of filing a case from the CSRC, and according to relevant laws and regulations, the CSRC decided to file a case against the company because the company was suspected of violating the law and regulations in information disclosure."
On May 16, 2024, the Shanghai Stock Exchange issued a letter of Inquiry on the Supervision of Information Disclosure in the 2023 Annual report to China Microelectronics: "your company's 2023 financial report and internal control report were issued with qualified and negative audit reports respectively (hereinafter referred to as non-standard audit opinions). Please disclose the details of the funds involved in the non-standard audit opinions, including the name of the payee, the main business, the relationship with the company and other basic information, as well as the transaction content, payment amount, payment time, internal examination and approval process and specific handlers, clearly indicating whether the above-mentioned funds directly or eventually flow to the related party, and whether it constitutes the occupation of non-operating funds of the related party.
Lawyer Zhang Xiangbing said that in the filing notice of China Microelectronics, the specific reasons for the company's suspected illegal disclosure of information were not clear, and that it might be related to the above-mentioned "regulatory inquiry letter." the specific reason still depends on the final conclusion of the investigation by the CSRC.
Lawyer Zhang Xiangbing believes that the Supreme people's Court's judicial interpretation stipulates that if an information disclosure obligor violates the provisions of laws, administrative regulations, rules and regulatory documents on information disclosure, and constitutes a false statement, the damaged investor may sue for the actual losses incurred in accordance with the law, including the investment difference loss, the commission of the investment difference loss and stamp duty.
ST Huawei was filed by the Securities Regulatory Commission on suspicion of illegal information disclosure. According to the judicial interpretation, the injured investor may claim for compensation. (ST Huawei rights protection entrance)
At present, lawyer Zhang Xiangbing is carrying out the pre-registration of ST Huawei investors' claims, and the claim conditions are tentatively set as follows:
Impaired investors who bought ST Huawei shares between the listing and April 30, 2024 and still held the shares at the close of trading on April 30, 2024 can apply for pre-registration of claims.
Investors who meet the claim requirements can contact the Zhang Xiangbing lawyer team of Jiangsu Boaixing Law firm, and provide the following documents: a copy of the ID card, a securities account inquiry confirmation form with the seal of the business department of the securities company, and the original stock transaction statement (since the first purchase of the stock), contact details.
Lawyer Zhang Xiangbing made a statement
The above pre-registration conditions are for reference only and do not involve any investment decisions or securities trading suggestions. The terms and conditions of the claim will be further adjusted in accordance with the conclusion of the CSRC investigation, and will eventually be determined by the court.
(this article is contributed by Zhang Xiangbing, a lawyer from Jiangsu Boaixing Law firm, and does not represent Sina's financial position. Lawyer Zhang Xiangbing, lawyer for securities rights. Graduated from Southwest University of political Science and Law with Master of Law in Civil and Commercial Law. Good at acting securities litigation, financial rights protection cases, has many years of investor rights protection litigation experience. He has successfully represented or is acting for hundreds of investor rights protection cases, and has represented a number of cases of great social impact and landmark significance. The case of investor v. Suoling shares (safeguarding rights) and Dong Jiangao was selected as one of the top ten typical cases of securities misrepresentation liability dispute of Shenzhen Intermediate people's Court, and the civil case of "Raw Oil Bao" of Bank of China was selected as the top ten commercial cases of national courts in 2020.