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多家退市企业被追责“退市不免责”成监管常态
Zheng Quan Shi Bao· 2025-10-20 17:29
Core Viewpoint - The concept of "delisting does not exempt from liability" has become a regulatory norm in the capital market, indicating that companies and related parties will still face accountability for illegal activities even after delisting [1][4]. Group 1: Regulatory Actions - Three delisted companies and their related parties have recently faced regulatory actions, including investigations and penalties, highlighting the ongoing accountability in the market [1][2]. - China Zhongqi Investment Co., which has been delisted for over a year, announced that its controlling shareholder is under investigation by the CSRC for information disclosure violations [2]. - Jiangsu Sunshine, another delisted company, received a notice of administrative penalty for failing to disclose significant events related to related party transactions, with a proposed fine of 3.3 million yuan [3]. Group 2: Trends in Delisting and Accountability - The trend of holding delisted companies accountable has become common, with several companies like Yili Clean Energy and Dongxu Optoelectronics facing fines exceeding 100 million yuan [4]. - The CSRC has investigated over 70 delisted companies for illegal activities and has referred 33 cases for potential criminal prosecution [4]. - A comprehensive accountability system is being established to enhance compliance awareness among market participants and boost investor confidence [4]. Group 3: Legal Mechanisms and Market Integrity - The introduction of representative litigation mechanisms for delisted companies marks a significant advancement in civil compensation, reducing the cost of investor rights protection [5]. - The regulatory focus on financial fraud has intensified, with 13 companies facing mandatory delisting this year due to severe violations, particularly financial misconduct [6]. - The CSRC aims to create a robust market ecosystem by strictly enforcing penalties for financial fraud and ensuring that key stakeholders are held accountable [6].
同步追责第三方 证监会剑指财务造假利益链
Core Viewpoint - The article highlights the increasing involvement of third-party entities in financial fraud within the A-share market, with regulatory bodies intensifying efforts to combat this issue and hold all parties accountable [3][4][6]. Group 1: Financial Fraud Cases - Approximately 30 companies in the A-share market have been penalized or are under investigation for financial fraud this year, with at least 7 of these cases involving third-party collaboration, accounting for 23% of the total [4][5]. - Notable companies involved in financial fraud with third-party assistance include *ST Suwu, *ST Hengjiu, *ST Guangdao, *ST Jingang, ST Langyuan, ST Zhiyun, and ST Zhongqingbao [4]. - The *ST Suwu case involved its subsidiaries engaging in non-substantive trade activities with multiple related companies, resulting in inflated revenue of 1.771 billion yuan and inflated profits of 76 million yuan from 2020 to 2023 [4]. Group 2: Characteristics of Third-Party Involvement - The trend of third-party collaboration in financial fraud has emerged as a new characteristic of capital market misconduct, driven by factors such as the need to evade regulatory scrutiny and the rise of professional "fraud accomplices" [6][13]. - The complexity of these fraud schemes often involves multiple independent parties, making it difficult for regulators to identify and address the underlying issues [13][14]. - The involvement of third parties creates a network of deceit that can lead to systemic risks and undermine market trust [8][9]. Group 3: Challenges for Auditors - Third-party collaboration in fraud poses significant challenges for external auditors, as these accomplices may manipulate various stages of the auditing process to conceal the true nature of transactions [9][10]. - The effectiveness of traditional audit procedures is compromised when companies and their accomplices coordinate their efforts to mislead auditors [10]. - The prevalence of third-party involvement in fraud is a key reason for the frequent failures of auditing standards and practices [10]. Group 4: Regulatory Response - The China Securities Regulatory Commission (CSRC) is actively exploring comprehensive measures to hold third-party accomplices accountable, including administrative, civil, and criminal penalties [11][12]. - The CSRC has begun to impose penalties on third-party entities involved in fraud, as seen in the case of Yuebo Power, where accomplices faced fines for their roles in the fraudulent activities [12]. - Future regulatory efforts will focus on dismantling the "ecosystem" of fraud by targeting both the primary perpetrators and their accomplices [12][15].