Litigation only January Emergency recruitment Changfeng case damaged

January 7, 2009, Guangzhou Changfeng (stock code 600991, formerly known as Changfeng Motor, G Changfeng) issued the "Hunan Changfeng Automobile Manufacturing Co., Ltd. of the Ministry of Finance in Hunan Province, the Financial Ombudsman Office 2007 annual Accounting Information Quality inspection conclusions and the decision to deal with the announcement." The bulletin said that the Ministry of Finance in Hunan Province, the office of the Financial Ombudsman from May 28, 2008 to August 22, the company 2007 annual accounting Information Quality inspection, and the company's Yongzhou branch, Changsha Changfeng Automobile Manufacturing Co., Ltd. division, the subsidiary carried out a routine inspection, and extended inspection of the previous relevant year and related units.　　Thereafter, the company was served on the financial supervision of the Hunan [2008]117 Administrative Punishment decision book. Guangdong Ben Benniu law firm Guohua Lawyer "decision on administrative punishment" that the Guangzhou Changfeng in the accounting basic work, accounting and the implementation of national tax policies are illegal. Ministry of Finance in Hunan Province, the office of the Financial Ombudsman that the above issues violate the "PRC Accounting Law", "Enterprise Financial Accounting Reporting Regulations", "Enterprise accounting Standards" and other laws and regulations.　　According to the PRC accounting law and other laws and regulations, the company's administrative penalty of 189,000 yuan, and required the company to pay a variety of tax 1.1992 million yuan. The amount of damage to shareholders is expected to reach 1 billion according to the Supreme People's Court on the trial of the securities market due to false statements of civil compensation cases of several provisions, false statement of the implementation date, refers to the making of false statements or the date of the occurrence of false statements. 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. We know from the financial office in Hunan [2008]117 "Administrative Punishment decision book", since 2004, Guangzhou Auto Changfeng began to implement false statement, continued until the end of 2007.　　However, these false statements were not disclosed for the first time until the announcement of January 7, 2009. Therefore, the lawyer considers that the implementation date of the false statement of Guangzhou Changfeng is June 14, 2004, and the disclosure date is January 7, 2009. According to the judicial interpretation of the Supreme People's Court, when a false statement is disclosed, a deadline is specified for determining the reasonable period of loss calculation in order to limit the investor's compensation to the extent of loss caused by the false statement.　　The date shall be the base date from the date of revelation until the cumulative turnover of the securities affected by the misrepresentation is up to 100% of its tradable portion. As far as the case is concerned, from January 7, 2009 to March 9, 2009, the cumulative turnover of Guangzhou auto Changfeng is 2013657 hands, exceeding 100% of the total circulation of Guangzhou Changfeng. As a result, the solicitor will confirm March 9, 2009 as the base date for the false statement of Guangzhou Changfeng, and the benchmark price is 6.77 yuan. According to the time of its circulation of up to 198.7 million shares and a lot of shareholders in the cost of shareholders in the calculation of more than 10 yuan, the lawyer predicted that shareholdersThe amount of damage may be around 1 billion. According to the judicial interpretation of the Supreme People's Court, the actual losses of investors include: loss of investment balance, commission and stamp duty on loss of investment balance.　　The interest of funds in the preceding paragraph shall be calculated from the time of purchase to the date of sale or the base date of the current deposit. Limitation of action as of January 2011 According to the provisions of the eighth on the trial of civil compensation cases caused by false statements in the securities market, the case of civil compensation for a false statement of securities shall be governed by the city of the province, the municipality, the municipality of the autonomous region and the Intermediate People's Court.　　Article Nineth of the provisions of the first paragraph: investors to a number of defendants in the civil lawsuit for securities, according to the following principles to determine the jurisdiction: (a) by the issuer or the location of the listed companies have jurisdiction of the Intermediate People's Court jurisdiction. In the opinion of the lawyer, the Court of the case jurisdiction is the Changsha Intermediate People's courts in Hunan province, and the limitation date is January 7, 2011.　　In the opinion of the lawyer, the investors who bought after June 14, 2004 (including the date) and who sold or continued to hold the Guangzhou Changfeng stock after January 7, 2009 (including the day) may sue the Changsha Intermediate People's Court of Hunan province for civil compensation. It is expected that the withdrawal of the market does not affect the claim data show that December 31, 2008, Guangzhou City Changfeng shareholder number of 32950 people. March 31, 2009, the number of shareholders of 30316 people. Accordingly, the lawyer calculates that the number of shareholders who can sue may exceed 30,000. However, due to time, many shareholders may not know the claim, or some shareholders for the time cost and economic costs, or other reasons, active or passive waiver of prosecution.　　Therefore, the lawyer is unable to make optimistic predictions about the number of shareholders who have substantial rights. As the Guangzhou Changfeng may be acquired, according to the law, the acquirer should take down the relevant debt obligations. Since Guangzhou Auto Changfeng is likely to retire from the Shanghai Stock Exchange, the payment method is unlikely to be in the form of stock, but only in cash. However, the available data show that the buyer's economic strength is relatively strong.　　The author thinks, the compensation ability should not have too big problem. In order to maintain the legitimate rights and interests of the investors, the author collected the lawsuit from the investors who had bought the Guangzhou Changfeng stock and suffered the false statement damage. In order to safeguard rights, investors provide lawyers with the following materials: notarized copy of ID card, Shanghai shareholder account card, transaction statement and the original delivery form (from the first purchase of Guangzhou GAC Changfeng printing to the date of sale or May 1, 2009, and cover investors trading the shares when the securities company business Chapter.　　If the number of pages, please stamped straddle chapter), as well as the investor's contact method (name, address, postcode, telephone, mobile phone, e-mail, etc.), according to determine whether the conditions of prosecution and the calculation of the amount claimed.　　Tips: Guangdong Ben Benniu law firm Guohua (blog) lawyer Tel: 020-33892417, 13794352148. Author: GuohuaLawyer