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严监严管持续优化资本市场新生态
Zheng Quan Ri Bao· 2025-09-28 16:08
Core Viewpoint - The China Securities Regulatory Commission (CSRC) is intensifying its regulatory enforcement against financial fraud and information disclosure violations, aiming to enhance market integrity and investor confidence [1][2][3]. Regulatory Framework - Recent legal reforms, including the new Securities Law and related regulations, have established a robust regulatory framework for capital markets, providing a solid basis for enforcement actions [2][3]. - The CSRC has issued over 2,200 administrative penalties for financial fraud and market manipulation during the 14th Five-Year Plan period, with fines totaling 41.4 billion yuan, marking increases of 58% and 30% respectively compared to the previous five-year period [2][3]. Enforcement Actions - The CSRC is focusing on severe violations such as financial fraud and insider trading, with notable cases leading to significant penalties, including a 2.25 billion yuan fine against Zhongke Huayuan Titanium Co., Ltd. for compliance violations [3][4]. - Since last year, the CSRC has investigated 67 delisted companies for illegal activities, with 33 cases referred for potential criminal prosecution [3][4]. Investor Protection - The regulatory bodies are enhancing investor protection mechanisms, including the introduction of new judicial interpretations and multi-faceted dispute resolution frameworks to support investor rights [5][6]. - Landmark cases, such as the special representative litigation against Kangmei Pharmaceutical, have resulted in substantial compensation for investors, demonstrating the effectiveness of the new protective measures [5][6]. Comprehensive Accountability - The CSRC is promoting a multi-layered accountability system that integrates administrative, civil, and criminal responsibilities to strengthen deterrence against securities violations [8][9]. - Over the past five years, the CSRC has referred more than 700 cases to law enforcement, leading to serious criminal accountability for numerous offenders [9]. Future Directions - Experts suggest that future regulatory efforts should focus on precise enforcement against financial fraud while ensuring that intermediary institutions fulfill their responsibilities as gatekeepers [4][6]. - There is a call for a "one-stop" platform for investor rights protection, integrating various forms of dispute resolution to facilitate easier access for small investors [7].
经济日报:对财务造假就该立体追责
Sou Hu Cai Jing· 2025-09-18 01:40
Core Viewpoint - The regulatory actions against *ST Dongtong highlight a zero-tolerance approach towards financial fraud, emphasizing the need for systemic reform to eliminate the ecosystem that enables such practices [1][2][3] Regulatory Actions - The China Securities Regulatory Commission (CSRC) has proposed a fine of 229 million yuan against *ST Dongtong for four consecutive years of inflated revenue and profits, alongside fines totaling 44 million yuan for seven responsible individuals [1] - The actual controller of *ST Dongtong faces a 10-year market ban, and the Shenzhen Stock Exchange will initiate delisting procedures due to serious violations [1][3] Implications of Financial Fraud - Financial fraud can lead to short-term stock price increases and easy financing, but ultimately damages the company's credibility and results in significant penalties for those involved [2] - The consequences of financial misconduct are severe, with the potential for individuals to lose their positions and face criminal charges, reinforcing the importance of accountability among key stakeholders [2][3] Systemic Reform - The regulatory approach has shifted from isolated penalties to comprehensive accountability, targeting not only the companies but also the individuals behind the fraud [1][3] - To create an environment where fraud is deterred, a combination of strict post-incident penalties and proactive preventive measures, such as improved information disclosure and audit supervision, is essential [3]
对财务造假就该立体追责
Jing Ji Ri Bao· 2025-09-17 22:07
市场禁入,红牌罚下"关键少数",让关键之人难以再肆意作假。控股股东、实控人等"关键少数",理应 在上市公司经营发展、规范治理中担负起关键责任,切实维护公司和中小股东利益。但总有人不知敬 畏,带头违规,以身试法。如果仅对其罚款了事,很可能好了伤疤忘了疼,过不了多久就旧态复萌。此 次监管部门狠抓到人,对实际控制人采取市场禁入,就是要让说假话、做假账的"关键少数"失面子、丢 位子,难以换套马甲重操旧业。 强制退市、刑事移送,彻底打破某些人"上市圈钱、退市免责"的幻想。过去,部分上市公司造假东窗事 发后,常抱有摘牌免责的侥幸心理,企图以退市将过往一笔勾销。此次证监会表示,对于可能涉及的犯 罪线索,将坚持应移尽移的工作原则移送公安机关,释放出对相关违法违规人员一追到底的信号。谁是 财务造假的背后推手、谁是伤害全体股东利益的罪魁祸首、谁是配合作恶的帮凶,决不会因为退市而被 遗忘。 当然,要塑造一个不敢造假、不能造假、不想造假的市场环境,既要靠有力的事后惩罚,还要靠周密的 事前防范。规范信息披露、严格审计监督、完善举报机制、畅通维权渠道等均不可缺少。只有形成惩防 并举的监管闭环,才能倒逼上市公司完善内控、规范治理,从源头上 ...
重庆证监局严处ST天圣信披违法
Zhong Zheng Wang· 2025-09-12 13:37
中证报中证网讯(记者 吴科任)9月12日晚,ST天圣(002872)发布公告称,公司收到重庆证监局行政 处罚事先告知书。这起信息披露违法案件系ST天圣实控人刘群刑事犯罪行为的伴生案件,再次释放出 资本市场"零容忍"监管的明确信号,更为维护投资者合法权益、筑牢市场诚信根基写下生动注脚。 值得关注的是,本案的查处体现了"立体追责"的监管智慧。在司法机关已对刘群以侵占、挪用上市公司 资金罪判处19年有期徒刑的基础上,重庆证监局迅速跟进启动行政调查,及时对信披违法行为作出认定 处罚;同时明确将对相关第三方机构进行查处,从严打击"帮凶"行为,形成刑事、行政追责的闭环。更 关键的是,在处罚决定生效后,监管部门还将积极协调中证中小投资者服务中心与成渝金融法院,推动 适格投资者通过代表人诉讼等机制主张民事赔偿。 回溯案件,ST天圣在2017年和2018年通过账外资金池支付销售费用等方式,分别虚增利润总额0.92亿元 和0.28亿元,分别对应占当期披露利润的30.21%和20.61%。重庆证监局依据《证券法》,对ST天圣及 22名责任人员合计处以439万元罚款,更对刘群采取终身市场禁入措施,对2名相关责任人分别实施5 年、8年 ...
300280退市,大额财务造假,阻碍执法……“首恶”终身禁入
Zheng Quan Shi Bao· 2025-09-05 14:06
Core Viewpoint - *ST Zitian will resume trading on September 15 and enter a delisting arrangement period due to financial misconduct, including false accounting reports and failure to rectify issues as mandated by the China Securities Regulatory Commission (CSRC) [1][4]. Financial Misconduct - *ST Zitian inflated its revenue by a total of 2.499 billion yuan over two years, involving fraudulent activities in three periodic reports [3]. - In the 2022 annual report, the company falsely reported 778 million yuan in revenue and 85 million yuan in profit, which constituted 44.59% and 35.99% of the respective total revenue and profit [3]. - The 2023 semi-annual report showed an early recognition of 207 million yuan in revenue and 79 million yuan in profit, with the inflated profit accounting for 51.64% of the total profit for that period [3]. - The 2023 annual report indicated that a subsidiary inflated revenue by 1.721 billion yuan, representing 78.63% of the total revenue, by misapplying accounting methods [3]. Regulatory Actions - The CSRC imposed a total fine of 38.4 million yuan on *ST Zitian and 12 management personnel for their involvement in the financial fraud [4]. - The former chairman and CFO received lifetime bans from the securities market, reflecting the regulatory body's zero-tolerance stance on such misconduct [4]. Ongoing Accountability Measures - The delisting of *ST Zitian is not the end of accountability, as the CSRC has initiated comprehensive measures against those involved in the fraud [6]. - Investors have begun civil lawsuits to recover losses incurred due to the company's fraudulent activities, and criminal investigations are underway for potential accounting concealment crimes [6]. - The severity of the violations may lead to further criminal charges under laws related to the disclosure of important information [6].
*ST紫天被强制退市 监管立体追责警示“零容忍”
Zheng Quan Ri Bao Wang· 2025-09-05 13:55
Core Viewpoint - *ST Zitian has been ordered to delist from the Shenzhen Stock Exchange due to serious financial misconduct, including significant false reporting of revenues and profits, leading to a termination of its listing status [1][2][4]. Group 1: Company Background and Financial Misconduct - *ST Zitian, formerly known as Nantong Forging, transitioned to the advertising and media sector after a series of acquisitions and a name change in 2018 [2]. - The company was found to have inflated its revenue by 2.499 billion yuan through fraudulent activities, including fictitious SMS services and inflated internet advertising fees [2][3]. - In 2022, the company reported inflated revenue of 778 million yuan, which constituted 44.59% of its disclosed revenue, and inflated profits of 85 million yuan, making up 35.99% of total profits [3]. - For the first half of 2023, *ST Zitian prematurely recognized revenue of 207 million yuan, representing 14.56% of that period's revenue, and inflated profits of 79 million yuan, accounting for 51.64% of total profits [3]. - The 2023 annual report showed inflated revenue of 1.721 billion yuan, which was 78.63% of the reported revenue, due to improper revenue recognition methods [3]. Group 2: Regulatory Actions and Consequences - The Shenzhen Stock Exchange issued a notice of termination of listing due to the company's failure to rectify its financial reports within the required timeframe [1][4]. - The company faced administrative penalties from the Fujian Securities Regulatory Bureau, with fines totaling 38.4 million yuan imposed on 12 members of the management team, including lifetime bans for the former chairman and CFO [4]. - Regulatory bodies are adopting a "zero tolerance" approach towards financial fraud, emphasizing comprehensive accountability for perpetrators, including civil, administrative, and criminal liabilities [5][6]. - Investors have initiated civil lawsuits against *ST Zitian, and criminal investigations are underway for potential accounting concealment and other violations [6].
300280,退市!大额财务造假,阻碍执法……“首恶”终身禁入
Zheng Quan Shi Bao· 2025-09-05 13:44
Core Viewpoint - *ST Zitian will resume trading on September 15 and enter a delisting arrangement period due to financial misconduct, including false accounting reports and failure to rectify issues as mandated by the China Securities Regulatory Commission (CSRC) [2][5] Group 1: Financial Misconduct - *ST Zitian inflated its revenue by a total of 2.499 billion yuan over two years, involving fraudulent activities in three periodic reports [4] - In the 2022 annual report, the company falsely reported 778 million yuan in revenue and 85 million yuan in profit, which accounted for 44.59% and 35.99% of total revenue and profit, respectively [4] - The 2023 semi-annual report showed an early recognition of 207 million yuan in revenue and 79 million yuan in profit, with the inflated profit representing 51.64% of the total profit for that period [4] - The company misused the gross method for revenue recognition instead of the net method, leading to an inflated revenue of 1.721 billion yuan, which constituted 78.63% of the reported revenue for that period [4] Group 2: Regulatory Actions and Penalties - The CSRC imposed a total fine of 38.4 million yuan on *ST Zitian and 12 of its management personnel for the financial misconduct [5] - The former chairman and CFO of the company received lifetime bans from the securities market, highlighting the regulatory body's zero-tolerance approach [5] - The Shenzhen Stock Exchange confirmed that *ST Zitian's failure to rectify its financial reports within the required timeframe led to the inevitable delisting of its shares [5] Group 3: Ongoing Legal and Regulatory Consequences - Legal actions are underway, with investors filing civil compensation lawsuits to recover losses incurred due to the company's fraudulent activities [7] - The police have initiated an investigation into *ST Zitian for suspected "concealment of accounting vouchers," indicating potential criminal liability [7] - The case serves as a warning to the capital market that financial fraud can lead to severe consequences, including delisting and criminal prosecution for responsible individuals [7]
300280,退市!大额财务造假,阻碍执法……“首恶”终身禁入
证券时报· 2025-09-05 13:42
Core Viewpoint - *ST Zitian will resume trading on September 15 and enter a delisting arrangement period due to financial fraud and failure to rectify issues as mandated by the China Securities Regulatory Commission (CSRC) [1][4]. Group 1: Financial Fraud Details - *ST Zitian inflated its revenue by a total of 2.499 billion yuan over two years, involving fraudulent activities in three periodic reports [3]. - In the 2022 annual report, the company falsely reported 778 million yuan in revenue and 85 million yuan in profit, which constituted 44.59% and 35.99% of the respective total revenue and profit [3]. - The 2023 semi-annual report showed an early recognition of 207 million yuan in revenue and 79 million yuan in profit, with the inflated profit accounting for 51.64% of the total profit for that period [3]. - The 2023 annual report indicated that a subsidiary inflated revenue by 1.721 billion yuan, representing 78.63% of the total revenue, by misapplying accounting methods [3]. Group 2: Regulatory Actions and Penalties - The CSRC imposed a total fine of 38.4 million yuan on *ST Zitian and 12 management personnel for various violations, including financial fraud and failure to disclose the 2024 annual report on time [4]. - The former chairman and CFO received lifetime bans from the securities market, highlighting the regulatory body's zero-tolerance approach to financial misconduct [4]. Group 3: Ongoing Accountability Measures - The delisting of *ST Zitian is not the end of accountability, as the CSRC has initiated comprehensive measures against those involved in the fraud [6]. - Investors have begun filing civil lawsuits to recover losses incurred due to the company's fraudulent activities [6]. - Law enforcement has opened a criminal investigation into *ST Zitian for suspected accounting document concealment, with potential further criminal charges for serious violations [6].
时评:退市不是“免责金牌”
Zheng Quan Ri Bao· 2025-08-24 23:45
Group 1 - Recent administrative penalties have been imposed on three delisted companies, highlighting that regulatory authorities will continue to pursue accountability regardless of a company's delisting status [1] - The delisting system is crucial for optimizing resource allocation in the capital market, aiming to remove companies that lack sustainable operational capabilities or engage in serious violations [1][2] - The number of delisted companies has significantly increased due to regulatory reforms, with more efficient delisting indicators being implemented [1] Group 2 - The legal framework for holding delisted companies accountable has become more comprehensive, with the China Securities Regulatory Commission (CSRC) having investigated 64 delisted companies for violations in 2024 alone [2] - Various channels for investor protection and compensation have been established, including representative litigation and administrative enforcement commitments [2] - The CSRC has intensified criminal referrals for serious violations, with 33 delisted companies referred to law enforcement for suspected information disclosure crimes in 2024 [2] Group 3 - A robust delisting mechanism and a strict accountability system are essential for the long-term healthy development of the capital market, ensuring market vitality and fairness [3]
两天两家退市公司被罚 监管部门推动立体追责杜绝“一退了之”
Zheng Quan Ri Bao· 2025-08-22 23:04
Core Points - Two delisted companies, Guangdong Huatie Tongda High-speed Equipment Co., Ltd. and Taihe Group Co., Ltd., received administrative penalties from regulatory authorities, indicating a strict enforcement attitude from regulators [1][2][3] Group 1: Regulatory Actions - Guangdong Huatie was delisted in August 2024 after its stock price fell below 1 yuan for 20 consecutive trading days, and it has since received multiple penalties for serious violations, including financial fraud and undisclosed large fund occupations [3][4] - The Guangdong Securities Regulatory Bureau imposed a total fine of 26.2 million yuan on Huatie and banned its actual controller from the market for life [3][4] - In August 2025, Huatie received another penalty for new violations occurring before its delisting, including failing to disclose related party transactions worth approximately 1.1 billion yuan and inflating inventory by 600 million yuan [4][6] Group 2: Investor Protection - The regulatory framework emphasizes that delisting does not exempt companies from accountability, aiming to protect small investors from fraudulent practices [4][6] - The new "National Nine Articles" propose a compensation mechanism for investors affected by major violations leading to delisting, ensuring that responsible parties are held accountable [8][9] - Recent cases have shown successful compensation for investors, with significant amounts being returned through legal actions and administrative measures [8][9] Group 3: Criminal Accountability - The regulatory authorities have intensified criminal accountability measures, with 33 delisted companies referred to law enforcement for suspected information disclosure crimes since 2024 [9][10] - Criminal penalties serve as a deterrent against severe violations, complementing administrative and civil penalties to create a comprehensive accountability system [10][11] - High-profile cases have resulted in significant prison sentences and financial penalties for individuals involved in fraudulent activities, reinforcing the message of zero tolerance for misconduct [10][11]