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证券虚假陈述责任纠纷
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东方海洋: 诉讼进展公告
Zheng Quan Zhi Xing· 2025-05-13 09:26
证券代码:002086 证券简称:东方海洋 公告编号:2025-027 山东东方海洋科技股份有限公司 本公司及董事会全体成员保证信息披露的真实、准确、完整,没有虚 假记载、误导性陈述或重大遗漏。 特别提示 山东东方海洋科技股份有限公司(以下简称"公司")因涉嫌信息披露违法违规于 (【2019】9 号),部分中小投资者以"证券虚假陈述责任纠纷"为由向法院提起民事 诉讼。公司于 2025 年 4 月 22 日披露了《诉讼及诉讼进展公告》 (公告编号:2025-013), 第一批投资者诉讼案件中,4 名原告王玲丽、綦领颜、张晖、王艳芳与被告公司证券 虚假陈述责任纠纷一案,公司于 2024 年 12 月份收到山东省青岛市中级人民法院(以 下简称"青岛中院")作出的一审判决:《民事判决书》【(2023)鲁 02 民初 1161 号】 判决如下:原告王玲丽对被告公司享有 6,045,016.27 元债权。案件受理费 54,115 元, 由被告公司负担,因案件受理费原告王玲丽已预交,被告公司应于本判决生效之日起 十日内直接给付原告王玲丽。《民事判决书》【(2023)鲁 02 民初 1162 号】判决如 下:原告张晖对被告公 ...
蓝山科技案二审落槌保代承担连带责任 行业责任边界或重塑
Core Viewpoint - The ruling in the Blue Mountain Technology case establishes a precedent for holding individual sponsors liable for civil compensation to investors in cases of securities fraud, signaling a shift in the accountability of financial intermediaries in the capital market [1][2][3]. Group 1: Case Background - Blue Mountain Technology, a former New Third Board listed company, inflated its revenue by over 800 million yuan and profits by over 80 million yuan through fictitious business activities from 2017 to 2019, leading to significant false records in its public offering documents [2][3]. - The case involved four intermediary institutions, including Hu Long Securities, which failed to conduct due diligence and issued reports containing false statements [2][3]. Group 2: Legal Implications - The Beijing High Court's decision mandates that two project-signing sponsors and Hu Long Securities bear joint liability for 40% of the losses incurred by investors due to the false statements in the application materials for the selected layer listing [3][5]. - This ruling is significant as it marks the first instance in China where sponsors are required to bear civil compensation liability to investors, potentially leading to increased accountability for individual practitioners in the securities industry [1][4]. Group 3: Industry Impact - The judgment sends a strong message to the capital market, emphasizing that both intermediary institutions and individual practitioners must ensure high standards of professional conduct to avoid substantial civil liabilities [2][6]. - As regulatory scrutiny intensifies, it is anticipated that more individuals, including intermediaries and executives, will be named as defendants in securities fraud cases and may face joint compensation responsibilities [6].
金力泰信披延迟又遭立案停牌,高管增持“爽约”遭百名投资人索赔
Hua Xia Shi Bao· 2025-05-09 12:58
Core Viewpoint - The company Jinlitai (300225.SZ) is facing significant legal and regulatory challenges due to past false commitments made by its executives, leading to investor lawsuits and stock price declines [1][7][10]. Group 1: Legal Issues - Jinlitai is being sued by over a hundred investors for failing to fulfill a 300 million yuan share buyback commitment made by former executives, resulting in a landmark court ruling that mandates compensation for investors [1][7][10]. - The Shanghai Financial Court ruled that the executives' failure to execute their buyback promise constituted false representation, setting a precedent for similar cases in China [7][10]. - The total compensation sought by investors has reached over 52 million yuan, indicating widespread dissatisfaction among shareholders [1][10]. Group 2: Regulatory Scrutiny - The company is under investigation by the China Securities Regulatory Commission (CSRC) for violations related to its 2024 annual report and 2025 quarterly report, leading to a temporary suspension of its stock [1][2]. - Jinlitai has a history of false disclosures, having previously been penalized by the CSRC for misleading financial statements related to a fictitious gold trading business [2][3]. - The company reported significant discrepancies in its financial data, including inflated inventory and revenue figures, which have raised concerns about its financial integrity [3][4]. Group 3: Financial Performance - For 2024, Jinlitai reported total revenue of 732 million yuan, a slight decrease of 0.44% year-on-year, while net profit attributable to shareholders was 30.91 million yuan, an increase of 115.66% [5]. - The company anticipates a net profit of between 4.5 million and 6.5 million yuan for the first quarter of 2025, representing a year-on-year growth of 71% to 147% [5][6].
提级管辖!7月开庭!康美药业追偿3.4亿案最新进展
券商中国· 2025-05-07 07:56
Core Viewpoint - The article discusses the ongoing legal proceedings involving Kangmei Pharmaceutical and its lawsuit against Guangdong Zhengzhong Zhujiang Accounting Firm, highlighting the complexities and implications of the case in the context of China's capital market [1][2]. Summary by Sections Legal Proceedings - Kangmei Pharmaceutical has initiated a lawsuit against Guangdong Zhengzhong Zhujiang Accounting Firm for a compensation claim of 340.89 million yuan, following a previous court ruling that mandated the company to compensate 52,037 investors for losses totaling 2.45892854 billion yuan [4][5]. - The Guangzhou Intermediate People's Court has decided to take over the case due to its complexity and significance, with the trial scheduled for July 2025 [2][6]. Background of the Case - The lawsuit stems from a 2020 civil judgment where Kangmei was ordered to compensate investors due to false statements made by the company, with several individuals, including former executives, held jointly liable [8]. - The accounting firm has been implicated in failing to conduct due diligence during the audits of Kangmei's financial statements for the years 2016, 2017, and 2018, leading to administrative penalties imposed by the China Securities Regulatory Commission (CSRC) [10][11]. Financial Implications - The total compensation amount claimed by Kangmei includes not only the principal amount but also interest, litigation fees, and attorney fees, amounting to 340.89 million yuan [4]. - The CSRC has previously fined the accounting firm 42.75 million yuan and ordered the return of 14.25 million yuan in business income due to their negligence in auditing [11].
北京金融法院最新发布!
券商中国· 2025-03-27 14:40
近年来,北京金融法院受理的证券纠纷案件数量持续保持高位。《白皮书》显示,2021年3月至2024年12月,北京金融 法院共受理证券纠纷案件9246件,证券纠纷收案数占北京金融法院民商事案件收案数的44.07%,继续保持高位。 证券纠纷案件数量高企的背后,体现出我国针对证券市场违规违法行为不断加强监管力度。北京金融法院审判第二庭庭 长丁宇翔接受证券时报记者采访时表示,随着治理手段的强化,监管资源力度的持续加大,资本市场"严"的氛围持续巩固 并不断强化。 证券虚假陈述责任纠纷为最主要案由 从案由分布看,北京金融法院受理的证券纠纷中,占据首位的是证券欺诈责任纠纷案件,有9101件。其中,证券虚假陈 述责任纠纷案件数量占证券欺诈责任纠纷案件的99.7%。 "证券纠纷中最主要的案由为证券虚假陈述责任纠纷。"北京金融法院党组成员、副院长薛峰指出,从行为表现看,虚假陈 述行为包括虚假记载、误导性陈述、重大遗漏以及未按规定披露。财务造假是具体的虚假陈述表现,也是最为常见的违 法行为。从行为目的看,虚假陈述行为包括诱多型虚假陈述与诱空型虚假陈述。在北京金融法院受理的57个系列案件 中,涉及诱多型的虚假陈述是大多数,共53个。 ...