The capital injection plan of Xiang-electric shares is difficult to realize the lawyer's claim

At the end of the year, when the remaining shares of Xiang Electric wind into the Xiang Electric shares (600416, closing price of 30.07 yuan) become the market focus.　　"The Daily economic news" Yesterday (December 7) published "Xiang Electric shares big shareholder capital injection commitment 24 days countdown," the article prompts Xiang Electric shares big shareholder pledge injection into the countdown, causing the market high concern. However, things are far from the imagination of the smooth, according to the reporter understand, Xiang Electric shares in the year successfully took over the possibility of wind power Xiang.　　Lawyers pointed out that once the end of the year before the injection, means that the major shareholder Xiang Electric group breach of commitment, suspected of false statements, investors have the right to take appropriate measures to pursue their legal responsibilities.　　Major shareholder commitment of the year or difficult to cash Xiang Electric Wind was founded in 2006, the current Hunan electric shares, Hunan Electric Power Group Holding 51%, 49% of the equity. Last August, the group pledged to withdraw all of its stake in the company by the end of 2010, and this year the group made it clearer that it would inject some of its shares into listed companies.　　It is reported that Xiang Electric wind as a domestic wind turbine manufacturers rookie, is a huge development potential of assets, its 49% equity injection is expected to increase the company's 60% thick profits.　　And now at the end of the year, from the big shareholder commitment period only 20 days, investors to the large shareholder capital injection is more and more strong, even some investors call this newspaper said that has intervened in Xiang Electric shares, waiting for large shareholder capital injection.　　However, the development of things does not seem to be as smooth as investors think, according to Xiang Electric AG, the completion of the year, the possibility of the remaining equity acquisition of wind power. The reporter called Xiang Electric shares to inquire about the injection of electricity and wind energy assets in Hunan province, a woman said to reporters: "Because Xiang-power group is a wholly state-owned enterprises, Xiang Electric wind power transfer needs to be approved by the state-owned investment commission of Hunan." Relevant information and plans were reported in mid-October to the Hunan provincial Sasac, but when Sasac official reply is now not sure.　　"The reporter asked whether this year can complete the injection, the person said, even if the scheme can be approved by SASAC, Xiang Electric shares as listed companies, but also the SFC and other regulatory authorities to obtain approval, and through the board of directors, shareholders ' meeting approval, it is expected that the year is difficult to complete the plan　　In addition, according to the industry familiar with the approval process of listed companies, the SASAC audit time generally ranged from 3 months to 6 months, and the CSRC approval generally also about 6 months, from the current situation of Hunan Electric shares to take the procedure, the year can not be completed. Lawyer: Suspected misleading investors "if the majority of shareholders can not complete the year's commitment to withdraw the wind power, and inject it into the public company Xiang Electric shares, the company or suspected false statements."　　"Mr Yan (blog) Law firm Wang Zhibin lawyer to the daily economic news reporter said. According to Wang Zhibin, Xiang Electric group has promised to exit from Xiang Electric wind power by the end of this year, and subsequently added that the way to exit is to inject the listed companies. Investors may buy shares in listed companies because of the promises of big shareholders, but now promise to expire,Xiang Electric Group is unable to complete the plan within the commitment period, resulting in the failure of the commitment, there are false statements in the suspicion of misleading statements. In addition, the well-known securities rights lawyers, Shanghai New Hope Shanda law firm Song Yixin also told reporters that major shareholder breach of the commitment is equivalent to all investors breach of contract, should be subject to the contract breach of sanctions. However, our laws do not expressly stipulate that the commitments must contain penalties corresponding to breaches of commitments, nor do they prescribe penalties for breaches of commitments.　　But from the protection of investors ' rights, investors have the right to hold large shareholder's liability for breach of contract. According to the relevant information, the commitment to violate the commitments, investors have the right to be able to take the appropriate measures include: administrative complaints-investors can be at all levels of securities regulators and stock exchanges and other institutions to carry out complaints, by the securities regulatory authorities to investigate, and then by the securities regulatory authorities,　　The pledge is urged to take measures to deliver on its commitments.　　Urging compliance-investors to form a coalition of rights defenders to enable listed companies to honour their commitments, and to be able to write to their shareholders in a shareholder capacity to meet their commitment obligations to enable them to fulfil their commitments in a timely manner through internal arrangements. Litigation-Investors can bring a civil lawsuit to the Intermediate People's Court where the listed company is located according to the default of the promised person, and require the promised person to fulfill the obligation of commitment and bear the liability of breach of contract to compensate the investors ' economic loss. If the behavior of the committed person is investigated by the Securities regulatory department and the author determines that it constitutes a false statement and makes an administrative penalty, the investor may investigate the civil compensation liability of the false statement according to law.