The first case of Dongsheng science and technology was filed after administrative punishment

Source: Internet
Author: User
Keywords The first case
Shanghai New Hope Shanda law firm Song Yixin lawyer September 1 to China Securities News reporter disclosed that the shareholder yuan some two people v. Dongsheng Technology Co., Ltd., major shareholder Xian Sheng Group Co., Ltd and Shaanxi Dongsheng Pharmaceutical Co., Ltd. false Securities information dispute compensation two cases have been formally filed by Xi ' an intermediate people's Court.  Small Shareholder v. St Yin Cheng (600381) false statement compensation case obtained Guangzhou Intermediate People's Court formally accepted. Dongsheng Science and Technology first case is reported, the East Sheng technology dispute case involving shares 34100 shares, the total amount of prosecutions amounted to 47654.83 yuan.  This is the first case of the CSRC's decision on administrative penalty for Dongsheng technology. May 8, 2010, Dongsheng Technology issued a notice said: The company recently received the China Securities Regulatory Commission (2010) 17th, "Administrative penalty decision", China Securities Regulatory Commission identified: East Sheng Technology from 2002 to 2008, did not disclose the funds provided to the controlling shareholder and other related party use,  Not according to the provisions of the disclosure of external guarantees and bank loans, the amount involved in the total of nearly 2.77 billion yuan, the East Sheng technology violations of the "Securities law" related provisions. October 27, 2006, the East Sheng Technology published notice and suspended, October 31, Dongsheng Science and Technology published "on the correction of accounting errors prompted notice", publicly recognized the company has significant financial errors.  After the correction of the accounting error announcement, the share price fell for 5 consecutive trading days, investors suffered heavy losses. Song Yixin said that Dongsheng technology should be responsible for the loss of rights and interests of investors to bear the resulting false statement tort civil liability.  And as a controlling shareholder, the actual control of the Xian Sheng Group Co., Ltd., Shaanxi Dongsheng Pharmaceutical Co., Ltd., also has an unshirkable responsibility for the conduct of Dongsheng technology, should bear the corresponding joint and several liability. St Yin into the case by the court September 1, small shareholder v. St Yin into (600381) securities false statement compensation dispute case obtained Guangzhou Intermediate People's Court formally accepted.  Small shareholder agent Shanghai Huarong law firm Xu Feng lawyer has received the court Service notice of the case, the notice of proof and summons. It is reported that the case will be held in Guangzhou on October 14, 2010 for the first session of the Court. Reporter from the China Securities Regulatory Commission website published (2009)55 "Administrative penalty decision book" learned that the cause of St Yin 2002-2005 not timely disclosure of relevant security information and 2002, 2003, 2004 annual Report and 2005 interim report major omission,  By the SFC ordered to correct its violations, give warning, and sentenced to 300,000 yuan fine, at the same time was the punishment of St hen as Chairman Huang, Vice chairman Mengqingliang and independent director Forhealth, Guo Banhua, Hu Yisheng and so on. Xu Feng that, according to the SFC administrative penalty decision, the earliest false statement of the case occurred on May 13, 2002, so that date can be identified as the earliest false statement implementation day, and in the day of Revelation or correctionOn the day, in response to a large number of illegal guarantees did not disclose the situation, St Yin became a supplementary notice on January 30, 2007, will be part of the breach of security matters were disclosed, so January 30, 2007 can constitute a part of the St-Yin false Statement of the act of Correction day.  At the same time, due to St Yin into the rest of the breach of security and annual report of the false statement until December 22, 2009, the mass media reported St Yin into the SFC after the administrative penalties for investors, it can constitute St Yin into the rest of the false statement of the Act of Disclosure Day. According to Xu Feng, the first indictments included three investors, with a claim of about 85000 yuan. Follow-up still more than 10 small shareholders are under the assistance of lawyers to prepare materials, materials will be ready to court as soon as possible. Small shareholder deputy lawyer said, according to the judicial interpretation, or will consider additional St Yin as Chairman Huang, Vice chairman Mengqingliang, as well as independent director Forhealth, Guo Banhua, Hu Yisheng, etc. for the joint defendant to participate in the lawsuit, and the responsibility of the senior executives bear joint and several liability.
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