证监会鼓励“双控人”先行赔付

Core Viewpoint - The article discusses the increasing risk of mandatory delisting due to significant violations among A-share companies, highlighting the challenges investors face in protecting their rights and the need for proactive compensation measures from controlling shareholders and actual controllers of these companies [1][3][6]. Group 1: Mandatory Delisting Risks - As of November 5, 2023, 15 A-share companies have disclosed significant violation risks that could lead to mandatory delisting [2]. - *ST Yuancheng's market capitalization was reported at 218 million yuan, having been below 500 million yuan for 17 consecutive trading days, indicating a potential trigger for mandatory delisting [2]. Group 2: Investor Protection Challenges - Experts point out that investor protection in cases of mandatory delisting is hindered by the lack of compensation capability from delisted companies and insufficient legal recourse for investors [1][3]. - The China Securities Regulatory Commission (CSRC) has introduced guidelines to encourage controlling shareholders to take proactive compensation measures to mitigate investor losses [1][6]. Group 3: Proactive Compensation Measures - Proactive compensation is seen as a way to significantly enhance the efficiency of investor compensation and should be supported by a robust incentive and constraint mechanism [1][6][9]. - The CSRC's recent guidelines aim to improve the fairness and efficiency of investor protection by encouraging controlling shareholders to take responsibility for compensation [6][7]. Group 4: Legal and Institutional Recommendations - Experts recommend enhancing investor awareness and providing more efficient channels for rights protection, including collective lawsuits and proactive compensation systems [3][4]. - There is a call for a diversified investor rights protection system that includes expanding the application of proactive compensation and improving the litigation process [4][6]. Group 5: Case Studies and Practical Applications - Previous cases of proactive compensation, such as the Hai Lian Xun case, demonstrate the feasibility of establishing compensation funds by controlling shareholders [8]. - The recent initiative by Wukuang Securities to set up a proactive compensation fund for *ST Guangdao indicates a growing trend towards such measures in the market [8][9]. Group 6: Enhancing Accountability - Experts emphasize the need for a system that encourages controlling shareholders to take responsibility, linking compensation performance to market integrity and regulatory compliance [9][10]. - The establishment of a market-driven approach to compensation, allowing for various methods such as share buybacks or cash compensation, is recommended to maintain market autonomy while ensuring accountability [10].