Core Viewpoint - The case marks the first instance in China where a listed company's executives were held accountable for failing to fulfill public commitments, leading to a significant legal precedent in securities law [2][3]. Summary by Sections Case Background - The case involves Shanghai Jinmota Chemical Co., Ltd. and its executives who failed to fulfill a public commitment to purchase shares worth at least 300 million yuan within a specified timeframe [2]. - The commitment was made on June 15, 2021, but the executives did not make any purchases by the end of the extended deadline on September 30, 2022 [2][3]. Legal Proceedings - The Shanghai Financial Court ruled that the executives, Yuan and Luo, must compensate the plaintiffs, Liu and Zheng, for their investment losses totaling 506,100 yuan and 277,400 yuan, respectively [3]. - This ruling is based on Article 84 of the new Securities Law, which establishes civil liability for failing to fulfill public commitments that result in investor losses [3][5]. Implications of the Ruling - The court's decision is seen as a significant step in enhancing investor confidence and promoting orderly capital market operations [3]. - The ruling emphasizes that public commitments made by executives can have a substantial impact on stock prices and investor decisions, thus holding them accountable for misleading information [4][5]. Defendants' Arguments - The defendants argued that they had communicated their inability to fulfill the commitment due to funding difficulties and that the stock price decline was due to broader market conditions [4]. - However, the court found their defense unconvincing, noting that they had not made genuine efforts to secure the necessary funds for the share purchase [5]. Conclusion of the Case - Following the ruling, the defendants expressed willingness to comply with the court's decision and indicated a preference for mediation to resolve claims from other investors [5].
全国首例!两股民收到近80万元赔款!
证券时报·2025-06-12 11:09