Nanjing Medicine 07 shares involved in false statement lawyer joint claim

Wu comparison/Cartographic securities Times reporter Liu Wenliang nanjing Medicine: Not when the disclosure of equity matters March 20, 2014, Nanjing Pharmaceutical (600713) issued the "on receipt of the China Securities Regulatory Commission [micro-BO] Jiangsu Regulatory authority of the decision on the administrative penalty" announcement. The Jiangsu Regulatory Bureau investigation found that the Nanjing Pharmaceutical has not disclosed in time to waive the priority of the subsidiary to increase capital rights, and not to disclose the entrusted acquisition of equity matters. The company's illegal facts are as follows: (i) did not disclose Nanjing medicine to give up Nanjing Pharmaceutical Yandu Co., Ltd. (hereinafter referred to as "Yandu medicine") priority to increase the rights, not to disclose the Nanjing Medical International Health Industry Limited (hereinafter referred to as "South Medicine International") priority to increase the rights. Data show that the net profit of Yandu medicine in 2010 accounted for 74.5% of Nanjing Medical Net profit, and the net profit of South Medicine international 2010 accounted for 44.1% of Nanjing Medical net profit. Nanjing Medicine gave up the Yandu medicine and the South Medicine international priority to raise the capital right, and separately with Shaanxi and the Red Stone Science and technology signed the capital increase agreement, causes the company to lose to above two subsidiary's control right. In view of the fact that the events that have an important impact on the company's assets, liabilities, interests and operating results should be disclosed immediately, the company did not disclose the waiver of Yandu medicine priority to increase the rights of the Bill and Shaanxi and the signing of the agreement to increase capital, but also did not promptly disclose the waiver of the South Medicine international priority to increase the rights of the Bill and the red stone technology to sign an increase in capital agreement matters, A supplementary disclosure was made on March 7, 2012. (ii) The disclosure of Nanjing Medicine commissioned South Medicine International acquisition Yancheng Heng Jian Pharmaceutical Co., Ltd. (hereinafter referred to as "Yancheng Heng Jian") 86.825% equity matters. According to the calculation, Yancheng Heng Jian 2010 Annual 86.825% Equity corresponding net profit, has accounted for Nanjing Medicine in the latest fiscal year audited net profit of 64.67%. According to the provisions of article 9.2 (v) of the Shanghai Stock Exchange [Weibo] stock listing rules, "the subject matter of the transaction (e.g. equity) the net profit related to the recent fiscal year accounts for more than 10% of the audited net profit of the listed company in the most recent fiscal year, and the significant transaction with an absolute amount exceeding 1 million yuan should be disclosed in time. Article 67th (ii) of the Securities Act stipulates that "significant investment behavior of the company" shall also be disclosed in a timely manner. However, Nanjing Medicine did not disclose the above matters in time, on March 7, 2012, the supplementary disclosure. After investigation by the SFC, it was concluded that the above acts of Nanjing Medicine violated the relevant provisions of the securities law, constituted a false statement, gave warning and fined 300,000 yuan. In addition, 3 senior executives who were responsible were fined. According to the Law of Securities and the judicial interpretation of the false statement of the Supreme Court, the listed company is subject to the administrative punishment of the SFC because of the false statement, and the investors who have damaged the rights may bring civil compensation lawsuit to the court with jurisdiction. Shanghai New Hope Shanda law firm Song Yixin lawyer pointed out that, according to the SFC punishment decision, can be found that the Nanjing medical letter wearing irregularities constitute a false statement, the interests of the injured investors can sue the Nanjing Chinese Court CompanyClaim loss. In order to protect the legitimate rights and interests of the investors, Shanghai New Hope Shanda law firm Song Yixin lawyer, Zhejiang Yufeng law firm Kingjian lawyer to the investors who have purchased the company's shares and suffered from the damage of the false statement of the joint solicitation of the lawsuit, to the agent investors to claim. Song Yixin said that, according to the judicial interpretation, investors who met the following claim conditions could participate in the claim: Investors who bought Nanjing medicine during the period from December 4, 2011 to March 6, 2012 and sold or continued to hold shares after March 7, 2012. 07 shares: The letter to cover the alleged violation of the April 2, 2014, 07 shares (000007) announced that it received the Shenzhen Regulatory Authority of the SFC, "administrative penalty prior notice" ([2014]1 number). Shenzhen Securities and Regulatory Bureau found that 07 shares due to the existence of the following illegal facts: First, 2012.5 Annual report, the annual report on the "Titanium Minerals total Underwriting Contract," the disclosure of the relevant circumstances misleading statement. Not disclosed that the 175 mining areas of mainland mining can only maintain a small amount of production, the basic cut-off, 850 mining areas did not obtain an environmental permit to be put into operation, as well as the situation in the future may be the impact of the performance of the total underwriting contract for titanium mine The resumption of advance payment and the signing of the "Fund escrow Agreement" matters, accounting for the company's 2011 Annual audit of the total assets of 362.4152 million Yuan 13.8%, but the company to recover the advance and signed the "Fund escrow agreement" matters did not timely fulfill information disclosure obligations. To this end, the Shenzhen Securities and Regulatory Bureau proposed the following penalties: 1, the 07 shares to be warned and fined 400,000 yuan, 2, to the relevant responsible person to give warning, and fined. Song Yixin pointed out that according to the above bulletin analysis, 07 of shares have been punished "guaranteed", and its information disclosure violations have constituted a securities misrepresentation. According to the Law of Securities and the judicial interpretation of the Supreme Court's false statement, the listed company is subject to the administrative punishment of the SFC due to the misrepresentation, and the investors who have impaired the rights may bring civil compensation lawsuit to the court with jurisdiction, and 07 of the investors should sue the Shenzhen Chinese Academy. Kingjian pointed out that during the disclosure of information, 07 shares of the maximum price of 24.6 yuan/share, after the fall. On the evening of August 9, 2013, after the case was investigated by the Securities and Regulatory Bureau, the closing price of the next day was only 13.93 yuan/share, with a 6.51% per cent fall in the price. In order to protect the legitimate rights and interests of the investors, Song Yixin Lawyers, Kingjian lawyers to the investors who have bought "07 shares" shares and suffered from the false statement of the damage of the joint solicitation of the lawsuit, to the agent investors to claim. Song Yixin said that, according to the judicial interpretation, an investor who was in accordance with one of the following claim conditions could take part in the claim: to buy the shares of the company during the period from August 14, 2012 to August 9, 2013, and to sell or continue to hold them after August 10, 2013, with losses or presumed losses. Kingjian lawyer reminded that castThe investor shall provide a copy of the ID card, a copy of the shareholder card of the stock exchange, and the original statement of the stock transaction with the seal of the Securities Company's sales department (from the first purchase of the company stock to the present), the telephone phone and the address zip code. Free Audit, the lawyer will be in line with the terms of the claim, decided to entrust the action of investors, further provide relevant litigation documents.