Dickon Pharmaceutical Industry false statement claims collection in the litigation period of only May

Sichuan Dickon Science and Technology Pharmaceutical Co., Ltd. (hereinafter referred to as Andy Kang Pharmaceutical) on February 12, 2001 on the Shanghai Stock Exchange listed. May 25, 2007, Dickon Pharmaceutical Bulletin, received the China Securities Regulatory Commission Chengdu Inspection Bureau (into the Bureau of the word No. 2007003), "investigation notice." August 6, 2009, the company announced that the CSRC issued by the China Securities Regulatory Commission [2009]27 the decision on administrative punishments.　　Since the introduction of the punishment, there have been a number of small and medium-sized investors to counsel the rights of consultation. Which investors meet the conditions of prosecution according to the provisions of the Supreme People's Court on the trial of civil compensation cases caused by false statements in the securities Market (hereinafter referred to as "judicial interpretation"), the investor shall, on the basis of the infringement of his own misrepresentation, decide on the administrative punishment of the relevant organs or the criminal , the People's Court shall accept the civil compensation lawsuit brought by the false statement person in accordance with the relevant provisions of civil action.　　The case has been decided by the SFC's administrative penalty. Under section 18th of the judicial interpretation, an investor must buy securities on and after the date of the misrepresentation, and sell or hold the securities after the date of the false statement, in order to prosecute the resulting investment losses. The date of implementation of a false statement means the date on which a false statement or misrepresentation has been made.　　According to the SFC's decision on administrative penalties, the implementation date of the false statement of the Dickon pharmaceutical industry is April 16, 2003 (2002 Annual report release date). False disclosure Day, refers to the false statement in the national distribution or broadcast of newspapers, radio, television and other media, the first time the public disclosure of the day. Dickon The disclosure date for the false statement of the pharmaceutical industry is May 25, 2007. In the company issued "four Twente Kang Science and Technology Pharmaceutical Co., Ltd. on the China Securities Regulatory Commission Chengdu Audit Bureau of the audit of our company's notice", the company disclosed suspected violations of securities laws and other relevant laws and regulations, the Chinese Securities Regulatory Commission Chengdu Audit Bureau decided since May 24, 2007 to the company to investigate the case, Therefore, May 25, 2007 shall be the day of revelation of the false statement.　　As a result, investors who buy the unit between April 16, 2003 and May 25, 2007 (excluding that day) are eligible for prosecution if they sell or hold shares on or after May 25, 2007 and have a loss of investment balance. How to calculate the investment balance loss to calculate the investment difference loss needs to know the base date and the base price of the calculation of the investment difference loss. How to determine the base date and benchmark price for the calculation of the loss of investment balance? The base date of the calculation of the investment difference loss is the date when the false statement is disclosed, and the accumulated turnover of the securities affected by the misrepresentation is up to 100% of its tradable portion. As from May 25, 2007, as at June 5, 2007, Dickon Pharmaceutical stock turnover rate accumulated more than 100%, so June 5, 2007 should be the base date. The base price for the loss of investment balance is the date of disclosure from the false statementTo the base day, based on the closing price per day, the base price should be 10.28 yuan. From May 25, 2007 to June 5, 2007, the seller will calculate the loss at the actual selling price, and after June 5, 2007 (excluding the day), the loss shall be calculated at a base value of $10.28. For example, a shareholder in May 2003, to 13 yuan to buy 10,000 shares, such as on June 5, 2007 to sell 9.54 yuan, the investment balance loss of 34,600 yuan, if held so far, the investment balance loss of 27200 yuan.　　The actual loss of the investor is compounded by the Commission and the stamp duty and interest on the loss portion of the investment margin. According to the provisions of 30th of the judicial interpretation, the author of the false statement undertakes the scope of civil liability in the Securities Exchange market, which is limited by the actual loss caused by the false statement of the investor.　　The actual loss of the investor includes the loss of the investment balance and the Commission and the stamp duty and interest on the loss of the investment margin. The statute of limitations to August 6, 2011 to the eligible investors, which court should be sued? When is the limitation of action? According to the provisions of the eighth of the judicial interpretation, a false statement of the civil compensation cases of securities shall be governed by the municipalities of the provinces, municipalities, autonomous regions and special economic zones.　　Therefore, the investor sues the Dickon pharmaceutical industry to bring the securities false statement compensation lawsuit to Chengdu Intermediate People's Court of Sichuan province. According to the provisions of the fifth of the judicial interpretation, when the investors bring civil compensation lawsuit limitation period, the application of the rules of civil law 135th, that is, to the People's Court for protection of civil rights of the limitation of action for two years. The SFC's decision on administrative punishments was released on August 6, 2009, so investors should sue by August 6, 2011 at the latest.　　If the overdue prosecution, will lose the right of victory. In order to maintain the legitimate rights and interests of the investors who have been damaged by false statements, Benniu law firm, Lau, has purchased a lawsuit from an investor who has bought Dickon pharmaceutical stock and suffered a false statement.　　If an investor wishes to initiate a false statement of a securities civil compensation lawsuit, the materials to be prepared shall include a notarized copy of the identity card of the investor and the original, the shareholder card, and the original stock transaction statement with the seal of the sales department (from the first buy print to the present). (Author unit: Guangdong Ben Benniu law firm) tips: Guangdong Ben Benniu law firm Lau (blog) Lawyer Contact: 13794352148,020-28335873