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特别代表人诉讼制度
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从拓宽独董提名渠道到特别代表人诉讼扩容,证监会17个案例解码投资者保护升级路径
Core Viewpoint - The article highlights the ongoing efforts by the China Securities Regulatory Commission (CSRC) to enhance investor protection through stricter regulations and innovative measures aimed at addressing capital market irregularities and safeguarding investor rights [1][2][3]. Regulatory Actions - In 2024, the CSRC investigated 739 cases of securities and futures violations, resulting in 592 penalties, a 10% increase year-on-year. The number of responsible parties penalized rose by 24% to 1,327, and 118 individuals were banned from the market, up 15% [1]. - The CSRC has implemented measures to address the long-standing issue of major shareholders misappropriating company funds, with companies facing delisting risks if they fail to return misappropriated funds in a timely manner [1][5]. Investor Protection Initiatives - The introduction of the special representative litigation system has been expanded, with successful applications in the Jin Tong Ling and Mei Shang Ecology cases in 2024, aimed at efficiently resolving collective disputes [6]. - The Investor Protection Center (IPC) has publicly nominated independent directors for listed companies, with the first successful case being First Pharmaceutical, where 99.99% of voting shares supported the nomination [3][4]. Legal Developments - The IPC's lawsuit against Tai'an Tui for the recovery of misappropriated funds resulted in a full recovery of 572 million yuan through a judicial mediation process, marking a significant achievement in shareholder litigation [4][5]. - The IPC's efforts led to the successful recovery of 5.34 billion yuan in misappropriated funds from *ST Xintong, which faced delisting risks due to non-compliance with fund recovery mandates [5]. Anti-Fraud Measures - A new anti-fraud mechanism has been established in collaboration with local police to combat investment-related scams, resulting in the prevention of 732 fraud cases and the recovery of 19.265 million yuan [7][8].
深圳中院裁定确认美尚生态特别代表人诉讼适格原告 专业机构投资者被“剔除”
Core Points - Shenzhen Intermediate People's Court has ruled that 33,324 investors are qualified plaintiffs in a securities false statement liability dispute involving Meishang Ecological Landscape Co., Ltd. This marks the first time a court has confirmed qualified plaintiffs through a hearing process in a special representative lawsuit [1] - The lawsuit was initiated by the Investor Protection Agency under the China Securities Regulatory Commission, representing investors in a collective action. The court announced the rights registration for special representative lawsuits on December 31, 2024, and the Investor Protection Agency submitted the list of rights holders to the court [1] - On April 28, 2025, the court held a public hearing to determine whether disputed investors were qualified plaintiffs. It concluded that professional institutional investors do not fall under the special protection of the representative lawsuit system and are not qualified plaintiffs [2] Summary by Sections Legal Proceedings - The Shenzhen Intermediate People's Court confirmed the qualification of 33,324 investors as plaintiffs in a special representative lawsuit against Meishang Ecological Landscape Co., Ltd. This decision was made through a hearing process, which is a first in this context [1] - The court's ruling fills a procedural gap in the special representative lawsuit system, establishing a standard that excludes professional institutional investors from being qualified plaintiffs, thereby focusing on the protection of retail investors' rights [2] Institutional Involvement - The lawsuit is backed by the Investor Protection Agency, which represents investors in collective actions. The agency has been proactive in identifying rights holders and submitting their information to the court [1] - The court's decision to exclude professional institutional investors from the qualified plaintiff list emphasizes the need for a clear distinction between retail and institutional investors in the context of investor protection [2]
两会 | 北京证监局局长贾文勤:对配合造假者加大追责力度,完善特别代表人诉讼制度
券商中国· 2025-03-05 15:12
Core Viewpoint - The article presents six recommendations from Jia Wenqin, the director of Beijing Securities Regulatory Bureau, aimed at improving the capital market, including measures to combat financial fraud, revise the Securities Investment Fund Law, and enhance the governance of illegal internet financial activities [1]. Group 1: Strengthening Regulations Against Financial Fraud - Jia Wenqin emphasizes the need for stricter accountability for third parties involved in financial fraud, suggesting amendments to the Securities Law and the introduction of regulations to clarify the legal responsibilities of these parties [2]. - The proposal includes enhancing the collaborative mechanism for addressing third-party fraud and improving the reporting and processing of fraud-related leads [2]. Group 2: Revising the Securities Investment Fund Law - The recommendation to amend the Securities Investment Fund Law aims to include private equity funds under its scope and adapt regulations to current industry developments [3]. - Suggestions include broadening the investment scope for public funds and establishing a liquidity support mechanism for public funds [3]. Group 3: Improving Special Representative Litigation System - The article discusses the importance of the special representative litigation system in protecting investors' rights and increasing the cost of illegal activities in the capital market [4]. - Recommendations include simplifying the initiation process for special representative litigation and expanding the range of entities that can initiate such lawsuits [5]. Group 4: Facilitating Subrogation Lawsuits by Investor Protection Agencies - Jia Wenqin highlights the challenges faced by investor protection agencies in initiating subrogation lawsuits and suggests developing judicial interpretations to clarify procedures and enhance the effectiveness of this system [6]. Group 5: Developing S Funds and Diversifying Exit Channels - The article introduces the concept of S Funds, which are private equity secondary market funds, and emphasizes their role in providing exit strategies for private equity and venture capital investments [7]. - Recommendations include encouraging participation from state-owned capital and insurance companies in the S Fund market and optimizing tax policies related to fund share transfers [7]. Group 6: Strengthening Governance of Illegal Internet Financial Activities - Jia Wenqin calls for enhanced governance of illegal internet financial activities, proposing the establishment of standards for financial information content on internet platforms and improved regulatory collaboration [8]. - The use of technology, such as big data and artificial intelligence, is recommended to enhance the identification and management of illegal financial activities [8].
两会|全国人大代表、北京证监局局长贾文勤建议:对配合造假者加大追责力度 完善特别代表人诉讼制度
证券时报· 2025-03-05 07:12
Group 1: Core Recommendations - The article presents six key recommendations from Jia Wenqin, the director of Beijing Securities Regulatory Bureau, aimed at improving the capital market, including enhancing the accountability for third-party involvement in financial fraud, revising the Securities Investment Fund Law, and strengthening governance against illegal financial activities on the internet [1][3][4][13]. Group 2: Accountability for Financial Fraud - Jia emphasizes the need for stricter accountability measures against third parties involved in financial fraud, suggesting amendments to the Securities Law and the introduction of regulations to clarify the legal responsibilities of these parties [3][2]. - The proposal includes establishing a collaborative regulatory mechanism with relevant departments to enhance the detection and handling of financial fraud cases [3]. Group 3: Revision of Securities Investment Fund Law - The recommendation to revise the Securities Investment Fund Law aims to include private equity funds under its jurisdiction and adapt the regulations to current industry developments [5]. - Suggestions include broadening the investment scope for public funds and establishing a liquidity support mechanism for public funds [5]. Group 4: Special Representative Litigation System - The article discusses the importance of the special representative litigation system in protecting investors' rights and increasing the cost of illegal activities in the capital market [7][8]. - Recommendations include simplifying the initiation process for special representative lawsuits and expanding the range of entities that can initiate such lawsuits [8]. Group 5: Facilitation of Subrogation Lawsuits by Insurance Institutions - Jia proposes to enhance the process for insurance institutions to initiate subrogation lawsuits, suggesting the development of judicial interpretations and detailed work rules to improve the effectiveness of this system [10]. Group 6: Development of S Funds - The article highlights the need for the development of S Funds, which are private equity secondary market funds, to provide exit channels for private equity and venture capital investments [11]. - Recommendations include encouraging participation from state-owned capital and insurance companies in the S Fund market and optimizing tax policies related to fund share transfers [11]. Group 7: Governance of Illegal Internet Financial Activities - Jia calls for strengthened governance against illegal financial activities on the internet, proposing the establishment of standards and responsibilities for financial information management on online platforms [13]. - The recommendations also include enhancing regulatory collaboration and utilizing technology for better identification and management of illegal financial activities [13].