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Industry insiders believe that, due to fall into the Suzhou permanent and star network Rui Jie "patent door", GF may be deducted points, affecting its company ratings in the Northern hemisphere hot summer, is the southern hemisphere cold World Cup season. GF recently appeared to be "in the middle of the winter" in the southern Hemisphere, "unlucky". Bad luck here, mainly refers to its deep in the sponsorship of the starting company "patent door." Recently, the GF has suffered a double whammy. Guangdong "Patent Door" incident, around the patent and the emergence of the Henan Lion and the new Daxin patent dispute, Zhongshan Packaging due to the issue of patent stranded listed events. There are many things worth pondering. This newspaper, put forward two thinking: whether it will be because of "patent door", and the impact of its securities brokerage classification supervision rating, "patent Door" incident, as an intermediary of the lawyer should bear what kind of responsibility? GF was issued a warning letter to the Suzhou permanent and star network Rui Jie "patent door" double blow. As a result of participating in the permanent issue of Suzhou, the SFC issued a warning letter to the issuer of the sponsor of the securities of the regulatory measures, at the same time, two signed the sponsor Representative Liu Xuyang, Lian Yan to conduct regulatory talks, issued a warning letter, and within 12 months of its signature and the issuance of securities related documents Compared to Suzhou's long-lasting, star network Rui Jie is regarded as "active mistaken." May 28, the star network Rui Jie and GF Securities joint announcement, by the issuer self-examination, some of the legal status of the patent and the content of the disclosure of the prospectus is different, the issuer and the sponsor organization GF Securities timely report to the regulatory department. The Star network Ruijie then also inquires afresh. June 25, the Securities and Futures Commission website News reported that the Guangdong Securities sponsor representative of Kwong Yang, Fu Bamboo to take regulatory talks supervision measures. According to the investigation, the star network Rui Jie project by the Fujian rationale law firm manages, handles the lawyer to Shangfang, Wang Xinying. Shangfang is also the head of the law firm. May affect the "double A" rating due to the exposure of the gem of the growing number of patents, the SFC issued by the Ministry of Supervision to the various sponsoring agencies issued a regulatory letter, to the May 1 before the report of the full audit of the project. The verification includes other important matters relating to the disclosure of documents such as patents, trademarks, litigation and arbitration, related parties and prospectuses. A number of sponsors in the industry to communicate with reporters, said that the "patent door" event Paude pay the cost of "will be handed to the price of their own", "the insurance generation is 1 years time does not sign it." GF Securities Investment Bank insiders bluntly, as a sponsor agency, "in the patent issue is still responsible." "Another brokerage sponsor representative analysis, the company patent review is generally referred to the lawyer to do," but now the provisions of the fallback clause, not due diligence are to find sponsorship agencies. "As a sponsor, to review the authenticity of materials such as patents, must be based on the relevant companies, but also to take into account the time efficiency of sponsorship." "The integrity of the company's assets, patents and history, and other aspects of the content, mainly lawyers review, because lawyers have the convenience of investigation of relevant information." "The sponsor represents a person who believes thatRegulatory level for the sponsorship of the regulatory "scale is not tight," some of the responsibilities can be unlimited amplification can be unlimited narrowing, the sponsor representative of what can not be exempted. Shenzhen, a brokerage sponsor is that the current system for Paude constraints, "the punishment is too light, dry good dry and bad," the proposal to be caused by subjective errors and omissions cause the project is not eligible to be canceled. To the sponsor organization not due to due diligence problem, a brokerage core department head to the reporter revealed: "For the securities companies, the biggest impact in fact, the company rating this piece." For example, does GF securities accumulate deduction from a level to B? According to the investigation, GF Securities 2008 was rated a Class A securities company. According to the evaluation method of the Securities Company classification supervision stipulation, the warning letter is taken, each deduction 1 points. GF Securities Two "patent door" incident, it will be deducted and ultimately affect the classification rating, is worthy of concern. How to charge intermediary lawyers have to complain to reporters, the same as the service providers of lawyers, mainly responsible for the company history, patents and other materials authenticity audit, "this aspect if there is a problem, the lawyer should bear the main responsibility." Because lawyers don't get a service charge. "Financial Weekly reporter on the listing of business intermediary agencies operating procedures, deliberately interviewed a gem company." It was alleged that the company's patent documents were entrusted to counsel, who looked at the originals and checked them on the network. The organizer of the company's sponsoring agency also looked at the originals of the relevant materials. In the service costs, the sponsor received 4 million yuan, and the lawyer received 1 million yuan. What is the definition of the relevant regulations? Regulation 28th of the management measures for the issuance of new shares of listed companies stipulates that the intermediary agencies that provide services for the issuance of new shares of listed companies do not perform their diligence obligations in accordance with the provisions of the SFC, and the SFC gives public criticism and rectification of the deadline, and during the rectification period, suspend acceptance of the documents 66th of the measures for the administration of sponsors ' business of securities issuing and listing, the sponsor organization, the sponsor representative, the sponsor business owner and the kernel responsible person do not be honest and trustworthy, diligent and responsible to fulfill the relevant obligations, the CSRC ordered to correct, and to its adoption of "regulatory talks, focus on, ordered business learning, issued a warning letter, To order a public statement, identified as inappropriate candidates "and other regulatory measures; 68th stipulates that the recommended cases, which are confirmed to be not entertained for 3-12 months, shall include" serious breaches of the obligations of honesty and trustworthiness, diligence and diligence ". According to this regulation, the management of the Suzhou Permanent Project of the securities of the punishment, than the Star network Ruijie project penalties are significantly higher. GF Securities Two "patent door" incident, Suzhou Permanent project of the insurance generation and lawyers have been suspended securities-related business for 12 months, but the star network Rui Jie project only the Guangdong insurance generation was regulated talk and the lawyer was not punished. In this respect, Song Yixin, a partner at the Shanghai New Hope Tatsu law firm, said, "There is a 2-3-month period of criticism, which may have to wait until all the events have been disposed of." "A well-known law firm in Guangzhou said that for the securities businessThe regulation and Punishment of lawyers ' practice are scattered in different laws and regulations. "These include the temporary provisions prohibiting securities fraud, law firms engaged in the management of securities legal business, the provisional Regulations on stock issuance and transaction management, the securities law, the Supreme People's Court's provisions on the trial of civil compensation cases caused by false statements in the securities market, and the notice on strengthening lawyers ' legal affairs management The content and format criterion of disclosing the information of stock company publicly. "Article No. 223 of the Securities Act stipulates that the securities service agencies are not diligent and conscientious, the documents produced or issued have false records, misleading statements or major omissions, ordered to be corrected, confiscated business receipts, suspended or revoked securities services business license, and sentenced to business income of more than five times times the following fines.
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