Canchi pharmaceutical Industry by real name to report a number of fraud fund protection is not easy

After Wanfosenko fake listing was checked, Canchi pharmaceutical industry was the former audit director of the company, Audit department head He Xiaomei real name reported its fraud. For the institution, another natural disaster has befallen. Fortunately, the "Step on the Thunder" of the three public offering funds, although the company in the first quarter of the end of the top ten circulating shareholders, but the proportion of the Fund's equity is not high, are under 3%. Although the Fund also has the right to bring a false statement of civil compensation litigation, but does not apply the principle of inversion of the burden of proof, the fund rights is a little difficult. Be the real name report fraud before listing audit director He Xiaomei Audit process found that the company violated, to the company for 2 million yuan sealing fee, after both sides intensified contradictions, the company Tricksters let audit director jailed, but the audit director in prison Report company falsely increase profits, conceal related transactions and other major violations, let the facts revealed in the world According to media reports, the Canchi pharmaceutical IPO process, the use of hidden related parties, major customer-related transactions, such as the relevance of the unknown means. In the three years before the Canchi pharmaceutical Market, as the company's largest customer, "Guangdong Tong Hui" internal senior executives are Canchi pharmaceutical employees. At the same time, He Xiaomei also clearly reported that, in the audit process, found that the Canchi Pharmaceutical Marketing Quality Management Department in addition to the requirements of the development of the ticket out of the corresponding out of the document, but also according to the company's requirements to forge a number of suppliers to sell out of the library, and according to the In addition, according to the evidence it provides, the company may also have funds not accounted for, the establishment of two sets of different books, hidden related transactions and other illegal activities. 3 funds to meet the "Black Swan" statistics show that the end of the first quarter of this year, a total of 9 institutions to hold the total number of Canchi pharmaceutical 14.5783 million shares, accounting for the proportion of circulating shares up to 20.62%. Among them, 3 public offering funds are holding the main stock, total holding 10.1582 million shares, accounting for 14.37% of the circulating shares. Chinese dividend mix, Franklin Sea potential combination, large into the value of growth, respectively, holding Canchi pharmaceutical 4.9445 million shares, 3.8555 million shares, 1.3581 million shares, for the company at the end of the first, second, the fourth largest circulating stock shareholders. However, three funds at the end of the first quarter of the Canchi pharmaceutical industry is not high ratio, no more than 3% of the net Fund. China has the largest share of shares in the dividend, but by the end of the first quarter, Canchi pharmaceutical stocks accounted for only 1.28% of the net value of the fund. In fact, from a quarterly bulletin of the Chinese dividend, the fund's shareholding is quite fragmented, the top ten stocks accounted for only 13.18% of the fund's net worth, the first heavy warehouse shares in China Ping An, less than 2% of the fund's net worth. China has the potential of the top ten heavy warehouse stocks, there is no Canchi drug industry figure. Its tenth largest stocks accounted for 2.7% of the Fund's net worth, which could be inferred that the country's potential for the Canchi pharmaceutical industry is not very high. For big-value growth, the Canchi pharmaceutical industry is the eighth largest in the quarter, but it also accounts for only 2.58% of the fund's net worth. In addition, three securities collection of financial products also total holding 1.8062 million shares. China Merchants Securities Zhiyuan domestic demandThe collection Asset management plan holds 826,200 shares, the East China Sea Securities two products "Oriental 2nd", "Oriental 9th" respectively hold 690,000 shares, 290,000 shares. Fear of both sides of the Fund's rights protection although in the face of false statements, the Securities Investment Fund and the general investors will be the same loss, but also have the right to bring a false statement of civil compensation litigation qualifications. But the rights of the Fund are not as easy as retail investors. "For false statements, as long as the SFC, the Ministry of Finance and other departments of the listed companies carried out information disclosure, financial aspects of the administrative penalties, retail investors can be based on this, to the listed companies to claim, but the fund companies want to defend the rights, need to provide due diligence report, etc. can prove that they do the professional investment However, proving to the court that due diligence has been done is not an easy task. "The lawyer said. At the same time, the small size of the fund is also one reason. In the case of a very small impact on the net value of the fund, it costs too much to conduct a lengthy lawsuit. In addition, the prerequisite for compensation is the loss of investment, although the listed companies have made false statements, but are disclosed after the event, if the fund company through low buy high sales to make money, there is no prosecution said. Worst of all, if the court decides that the loss of the fund is caused by the negligence or error of the fund company, it has nothing to do with the listed company and then loses the fund, the Fund may face CDI lawsuit. CDI may have sued the fund on the basis of the verdict, since the court's decision had confirmed the fund's fault or error. In that case, the fund company may be lost to the listed companies, and then lost to CDI. In fact, in two lawsuits filed against false statements, the agency all failed, one for the Oriental electronics, and the other is for the yin and Guang Xia, the important reason is that the organization, although the right of appeal, but does not apply the principle of inversion of the burden of proof, it must for their own investment behavior due diligence and evidence, but not with the small and medium investors. Sponsor a sea of people through the security of the blame before, Wanfosenko fake listing, sponsor Ping ' an security was suspended sponsorship eligibility for 3 months, confiscated the single sponsor business income, and was sentenced to twice times the fine of 76.65 million yuan, and set up a total scale of 300 million of the Wanfosenko fraud injured investors Special compensation fund. Two sponsors are banned for life. and the Canchi pharmaceutical sponsor the Sea of the stock of the nature of the security to escape its guilt. From the selection of IPO items, to the listing guidance, and to the continuous supervision after listing and listing, the sponsor is the key role of the company's listing. The sponsor's responsibility is "guarantee plus recommendation", to the public to make diligence obligations. "The sponsor should be diligent and conscientious, maintain its objective independence and avoid cheating investors with the complicity of listed companies." "However, ever since the Canchi pharmaceutical industry landed on the gem, it has struggled." In the May 2010, the Canchi pharmaceutical industry, with more than 60 p/E distribution, displayed a high growth posture. When this newspaper then bursts three articles questioning the company's flagship product nimesulide and financial fraud matters. February 2011, the Nimesulide adverse reaction incident erupted again, frequentlyNewspapers。 However, February 14, Canchi pharmaceutical industry also announced a statement of clarification, said, "Our products Rui Zhi Qing listing for nine years, has never occurred serious adverse reactions." "Yet 3 months later, Canchi pharmaceutical Industry Bulletin said, the state Food and Drug Administration has issued a notice that" nimesulide oral preparation is prohibited for children under 12 years old "," as the second line of anti-inflammatory and analgesic drugs, only at least one of the other nonsteroidal anti-inflammatory treatment failure to use ", The relevant pharmaceutical manufacturing enterprises as soon as possible in accordance with the "Nimesulide Oral Preparation Specification Revision requirements" Revised instructions and labels. Corresponding to this is, the market less than a year, Canchi pharmaceutical industry quickly "face". In the first half of 2011, the Canchi drug industry's performance has been declining, the Chinese newspaper showed that the company's net profit was significantly reduced by 60% compared with the same period in 2010, the second half is an incredible loss, and the first half of the profit was depleted, net profit from 2010 139 million yuan to a mere 2.81 million yuan. If the company's IPO raises more than tens of millions of dollars in interest deduction, the Canchi Pharmaceutical Industry 2011 Annual report will appear tens huge losses. In 2012, the company achieved a net profit of 23.34 million yuan, although it grew significantly from 2011, but not a fraction of 2010. And two years before the listing, that is, 2008, 2009, the company's net profit annual growth rate of more than 40%.