Supor The chairman of the small shareholder lawsuit

Source: Internet
Author: User
Keywords Chairman shareholder Supor hard to escape
Beijing Second Chinese Academy of Commerce, the former deputy director of the Legal Division of the Law of Guo Jingyi, the verdict shows that Supor (002032) Chairman Su Xianze 3 years ago to Guo Jingyi bribery 300,000 yuan.  But also to Guo Jingyi bribery, Huang Guangyu to unit bribery and other three charges were sentenced to 14 years in prison, Supor chairman Su Xianze is so far from the sidelines. Shanghai New Hope Shanda law firm partner Song Yixin in this regard, in terms of court judgments, the task force apparently summoned Su Xianze, although prosecutors and other public prosecution organs have discretionary power, there is no Su Xianze bribery, but as the chairman of the listed company, Su Xianze suspected misappropriation of listed company funds bribery but difficult to escape the majority of small and medium-sized investors litigation.  The China Securities newspaper will pay close attention to the matter. Personally sent to Guo 300,000 wouldn't China Securities newspaper August 3 published "Six months of intensive reduction of 11 times Supor is now a shares of the most busy chairman," the article caused great repercussions of the capital market.  Supor Day tumbled 5.51%, the home appliance plate, the first, the whole day in recent years, the volume of more than 90,000 hands, for the previous session of nearly 5 times times. "The Chairman Su Xianze the intensive reduction of shares and all 4 executives holding shares, including Dong Ye Jide, have taken turns to reduce their holdings, which gives investors a strong psychological hint that executives may King." This is the day the organization hurriedly clearance to cause supor share price plunge of important reason. "Su Xianze's intensive reduction is reminiscent of its involvement in the Guo Jingyi case," he said.  According to the Guo Jingyi case, in order to allow the Ministry of Commerce to release the French Seb Supor acquisition, Su Xianze twice personally sent wouldn't to Guo Jingyi.  Su Xianze's testimony shows: in March 2007, Supor, deputy general manager of Finance Pan Jianbin, in the name of the company's staff Liu Wenjian to run a bank card, which saved 100,000 yuan as a staff travel expenses, Su Xianze go out when brought this card. At the end of April 2007, Su Xianze and Guo Jingyi in Langfang new Austrian golf course together to play cards, the above 100,000 Yuan card to the Guo Jingyi, but also the password to him.  After the company through antitrust approval, Supor reception Guo Jingyi family to Hangzhou vacation, during this period gave Guo Jingyi 200,000 yuan of cash. Pan Jianbin The testimony to the taskforce, 2007 "51" period, Su Xianze to pan to 200,000 yuan of cash, but due to "51" during the company staff holiday, so pan from their own bank card to take the money to Su Xianze sent, after Pan to the company to borrow 200,000 yuan way to the money to come back,  But Supor didn't pay the bill.  Facing the risk of being sued Professor Liu Junhai, director of the Institute of Commercial Law of Renmin University of China, also believes that the chairman of a listed company should bear the duty of diligence, but if his behavior damages the interests of the shareholders of the company, small investors can sue the court. Song Yixin pointed out that in Guo Jingyi's verdict can be found, Su Xianze suspected misappropriation of listed company funds bribery, which caused the loss of listed companies, the vast number of small and medium-sized investors can request Su Xianze refund this fee, investors could sue the courts.  The legal profession also pointed out that Su Xianze and Supor Company's behavior allegedly violated the newly amended Penal Code 161th and 169 provisions. Article 161th of the Penal Code stipulates that, in the case of a company which provides false or concealed financial accounting reports to shareholders and the public, which seriously impairs the interests of shareholders or other persons, the person directly in charge and other persons directly responsible shall be sentenced to 3 years ' imprisonment or criminal detention,  At the same place or a single place 20,000 yuan or more than 200,000 yuan below the fine.  Professionals pointed out that Su Xianze suspected misappropriation of the listed companies 300,000 yuan, of which 200,000 yuan has not yet been on the book, and in Supor public financial statements are not recorded. The newly amended Penal Code 169th stipulates that if the directors, supervisors and senior managers of a listed company violate the duty of loyalty to the company, use the convenience of the job, manipulate the listed company and provide funds, goods, services or other assets to other units or individuals for free, and cause the interests of the listed companies to suffer significant losses, For a term of imprisonment of less than 3 years or criminal detention, or a single penalty, which causes the interests of the listed company to suffer particularly significant losses, shall be sentenced to imprisonment for 3 to 7 years, with a fine.
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