St Dongsheng damaged shareholder can bring civil action according to law (figure)

Officers and men/Figure host: Wen Yu this period guest: Shanghai New Hope Shanda law firm Song Yixin lawyer Hebei Gong Cheng law firm Shihong Lawyer has been concerned about Dongsheng Technology Co., Ltd. (stock code 600771, hereinafter referred to Dongsheng technology) and the interests of the injured investors finally wait until the law can claim compensation. Shanghai New Hope Shanda law firm Song Yixin lawyer, Hebei Kung Cheng law firm Shihong Lawyer said, willing to for the East Sheng technology false statement and the interests of the injured investors to bring civil compensation lawsuit, formal acceptance of the Investor Litigation Commission,　　Agent to the Dongsheng technology and its first major shareholder Xian Sheng Group Co., Ltd. and the second shareholder Shaanxi Dongsheng Pharmaceutical Co., Ltd., the former chairman of the Guo Jia Co and other responsible persons to sue.　　Administrative penalty case Moderator: Song lawyer, can you simply introduce the facts of the illegal technology in Dongsheng? Song Yixin Lawyer: May 8, 2010, Dongsheng Technology issued a notice said: The company recently received the China Securities Regulatory Commission issued the (2010) 17th, "Administrative penalty decision book." China Securities Regulatory Commission identified: East Sheng Technology between 2002 and 2008, not according to the provisions of the disclosure of funds to the controlling shareholder and other related party use, not in accordance with the provisions of the disclosure of foreign guarantees and bank loans, the amount involved in the sum of nearly 2.77 billion yuan. The act of Dongsheng technology violates the relevant provisions of the securities law, the CSRC decided to give a warning to Dongsheng technology and to impose a fine of 600,000 yuan, to give warning to Guo Jia Co, director Zhang Bin of the time, and to impose a fine of 300,000 yuan and 200,000 yuan, respectively, and to give warning to 13 other time directors, such as Yang Hongfei,　　And fined 30,000 yuan respectively. At the same time, China Securities Regulatory Commission also decided: to identify Guo family studying as a market-prohibited. From the date of the announcement, no listed company or senior managerial position in the Securities business organization shall be held for 10 years.　　At present, the major shareholder Xian Sheng Group Holding the East Sheng technology shares of 54.04 million shares, accounted for 22.17%; the second shareholder of Shaanxi Dongsheng Pharmaceutical holding the East Sheng technology shares 23.38 million shares, accounting for the ratio of 9.59%.　　Civil Litigation related matters Moderator: in other words, according to the above-mentioned facts as determined by the China Securities Regulatory Commission's penalty decision, can investors who are injured in the relevant rights and interests initiate civil action? Shihong Lawyer: Yes.　　According to "Securities law" and the Supreme People's Court "on the trial of the securities market due to false statements of civil compensation cases," the investors who suffered losses due to the false statement of the East Sheng technology can require the company and its controlling shareholder, the relevant responsible person to compensate for the loss. Therefore, the company's false statement on the implementation date of April 15, 2003 of the Company 2002 Annual report issued to October 27, 2006 the company published a major issue of the notice and to suspend the date. The false statement Day is October 31, 2006, this day Dongsheng science and Technology published "on the accounting error correction prompt notice", openly admits the company to have the significant financial error. The accounting error correction announcement led to a 5 consecutive trading day decline in Dongsheng technology stockStop, the stock price from the announcement of the previous session of 12.74 Yuan, has fallen to the November 7 of 6.03 yuan, investors lost heavy.　　According to the law, Dongsheng technology investors who purchase shares of the company from April 15, 2003 to October 26, 2006 and sell or continue to hold and suffer losses after October 31, 2006 (including that date) may take part in the lawsuit and claim damages. The rise in the stock price does not affect the moderator: it is noteworthy that, from the plate, after the false statement of the fact that the company's share price rose.　　So will this affect the investors in litigation? Song Yixin Lawyer: Although from December 30, 2006, Dongsheng Technology announced the "on the company's shareholders to give equity and the right to increase the debt report" and "on the implementation of the holding shareholder to the debt report," the company's share price began to rise, By June 21, 2007 it had risen to 26.94 yuan, but before that, investors ' losses had been formed.　　According to the law, even if the price of Dongsheng technology rises after November 14, 2006, it does not affect the right of investors who meet the above conditions to sue and receive compensation.　　According to the relevant law, Dongsheng technology false statement of Securities civil compensation case will be accepted by Xi ' an intermediate people's Court in Shaanxi province, the limitation of action from May 8, 2010 to May 8, 2012. • Protection Tips ·　　Eligible investors to participate in the proceedings to be submitted to the lawyer materials include: copy of ID card, Shanghai Stock Exchange shareholder account card copy, buy and sell Dongsheng technology shares of all the bills or delivery list (by the Securities Company Sales Department seal), contact telephone number and address zip code. The lawyer will first determine whether the investor who provided the material is eligible and calculate whether there is a loss.　　If the investor meets the conditions of prosecution and there is a loss, the lawyer will provide the material for further preparation of the prosecution to investors, and guide investors to complete the relevant litigation procedures. Tips: Shanghai New Hope Shanda law firm Song Yixin Lawyer, contact Tel 021-61204525; Hebei Kung Cheng law firm Shihong Lawyer, contact Tel 0311-86216584.