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A股欺诈发行,顶格处罚!
证券时报· 2025-06-13 09:38
Core Viewpoint - The article discusses the administrative penalties imposed by the Hebei Securities Regulatory Bureau on Dongxu Optoelectronics for fraudulent stock issuance, highlighting the total amount raised and the penalties applied to the company and its controlling shareholders [1][3][11]. Group 1: Fraudulent Stock Issuance - Dongxu Optoelectronics raised a total of 7.565 billion yuan through fraudulent stock issuance in 2017 [2][11]. - The penalties imposed on Dongxu Optoelectronics, its actual controller, and its controlling shareholder amount to 378 million yuan each, which is 5% of the total raised amount, representing the maximum penalty under the old securities law [1][4][11]. Group 2: Legal Framework and Penalties - The investigation was conducted based on the provisions of the 2005 and 2019 revised Securities Law of the People's Republic of China, which outlines the penalties for fraudulent issuance [3][10]. - The new Securities Law significantly increases the penalties for fraudulent stock issuance, allowing for fines of 10% to up to 1 times the illegal fundraising amount for already issued securities [12][13][14]. Group 3: Involvement of Key Individuals - The actual controller, Li Mouting, and the controlling shareholder, Dongxu Group, were found to have organized and directed Dongxu Optoelectronics in committing the fraudulent acts, leading to separate legal actions against them [7][8].
A股欺诈发行,顶格处罚!
证券时报· 2025-06-13 09:37
Core Viewpoint - The article discusses the administrative penalties imposed by the Hebei Securities Regulatory Bureau on Dongxu Optoelectronics for fraudulent stock issuance, highlighting the total amount raised and the penalties applied to the company and its controlling shareholders [1][5][12]. Summary by Sections Penalty Details - Dongxu Optoelectronics raised a total of 7.565 billion yuan through fraudulent stock issuance, with penalties amounting to 378 million yuan imposed on the company, its actual controller, and its controlling shareholder [1][12]. - The penalty of 378 million yuan represents 5% of the total raised amount, which is the maximum penalty under the old Securities Law [13]. Legal Framework - The investigation was conducted based on the provisions of the Securities Law revised in 2005 and 2019, which outline the penalties for fraudulent issuance of stocks [3][4]. - The new Securities Law significantly increases the penalties for fraudulent stock issuance, allowing for fines of 10% to 100% of the illegally raised funds [15][16]. Fraudulent Activities - Dongxu Optoelectronics was found to have engaged in fraudulent activities by using false records and significant omissions in its annual reports from 2015 to 2016, which were cited in its stock issuance application [7][8]. - The actual controller, Li Mouting, and the controlling shareholder, Dongxu Group, were found to have organized and directed these fraudulent activities [9][10].
A股欺诈发行,顶格处罚!
券商中国· 2025-06-13 06:42
Core Viewpoint - The article discusses the severe penalties imposed on Dongxu Optoelectronics for fraudulent stock issuance, highlighting the regulatory actions taken by the Hebei Securities Regulatory Bureau and the implications of the new securities law on such violations [2][3][4]. Summary by Sections Penalty Details - Dongxu Optoelectronics was fined 378 million yuan, which is 5% of the total fundraising amount of 7.565 billion yuan, representing the maximum penalty under the old securities law [3][12][13]. - The penalties also extend to the actual controller of Dongxu Optoelectronics, Li Mouting, and the controlling shareholder, Dongxu Group, who were similarly fined 378 million yuan each for their roles in the fraudulent activities [10][12]. Regulatory Background - The Hebei Securities Regulatory Bureau conducted an investigation into Dongxu Optoelectronics for fraudulent stock issuance, which involved misrepresentations in their financial reports from 2015 to 2016 [4][7]. - The fraudulent activities included fabricating business operations and misleading disclosures, which led to significant inaccuracies in the company's annual reports from 2015 to 2022 [7][8]. Legal Framework - The penalties were based on the provisions of the 2005 Securities Law, which stipulates fines for fraudulent issuance of securities, with the maximum penalty being 5% of the illegally raised funds [11][14]. - The revised 2019 Securities Law has increased the penalties for fraudulent issuance, allowing for fines of up to 10% to 100% of the illegally raised funds, significantly enhancing the regulatory framework for such violations [15].