证券虚假陈述责任

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永安林业: 关于收到《民事判决书》的公告
Zheng Quan Zhi Xing· 2025-07-09 16:24
Group 1 - The core viewpoint of the article is that Fujian Yong'an Forestry (Group) Co., Ltd. has received a final judgment from the Fujian Provincial High Court regarding a securities false statement liability dispute, which the company has previously fully provisioned for in its financial statements [1][2]. Group 2 - The lawsuit involves 17 plaintiffs, including Zhang Qiang, against the company and several individuals, including Su Jiaxu and Chen Songbai [1]. - The Fujian Provincial High Court upheld the original judgment made by the Fuzhou Intermediate People's Court, confirming the facts and legal application were correct, and dismissed the company's appeal [1]. - The company will bear the costs of the second-instance case, while the first-instance case costs will be executed according to the original judgment [1]. Group 3 - As of the announcement date, the company has no other significant undisclosed litigation or arbitration matters apart from those already disclosed [1]. - The impact of this lawsuit on the company's current or future profits is uncertain, as the amount involved has already been fully provisioned in previous years, and the actual impact will depend on the execution of the judgment [1].
金花企业(集团)股份有限公司关于收到公安机关《受案回执》的公告
Shang Hai Zheng Quan Bao· 2025-07-03 19:16
登录新浪财经APP 搜索【信披】查看更多考评等级 截至目前,公司各项业务经营情况正常,上述案件对公司影响存在不确定性,公司将积极配合西安经侦 工作,持续依法追究金花投资控股集团有限公司及原实际控制人吴一坚法律责任,最大限度挽回公司经 济损失,维护公司和广大股东的合法权益,并根据案件进展情况,及时履行信息披露义务。公司指定信 息披露媒体为《上海证券报》及上海证券交易所网站(www.sse.com.cn),有关公司信息以公司在上述 指定网站、媒体公告为准,敬请广大投资者注意投资风险。 ● 案件所处的诉讼阶段:收到公安机关《受案回执》 ● 上市公司所处的当事人地位:原告 金花企业(集团)股份有限公司(以下简称"公司"或"金花股份")于2021年3月23日、2021年9月16日、 2021年9月25日、2021年9月28日、2021年11月13日、2022年5月13日、2023年2月11日、2023年6月17 日、2024年1月27日、2025年1月18日分别披露了《金花企业(集团)股份有限公司关于涉及中小投资者 诉讼的公告》及进展公告(具体内容详见公告"临2021-022、临2021-055、临2021-057、临 ...
亿纬锂能融资477亿后又赴港!百起投资者诉讼成绊脚石?
Sou Hu Cai Jing· 2025-06-24 13:15
Core Viewpoint - The company, Yiwei Lithium Energy, has announced its plan for a secondary listing in Hong Kong, aiming to regain investor trust amid a backdrop of declining investor enthusiasm and ongoing legal challenges related to securities fraud [2][4][5]. Group 1: Company Performance and Legal Issues - Yiwei Lithium Energy's stock price has shown a lackluster response to the Hong Kong listing announcement, with a slight decline of 0.29% from 45.02 CNY on June 9 to 44.89 CNY on June 24, with 8 out of 12 trading days resulting in losses [2][4]. - The company is currently facing over a hundred investor lawsuits, primarily related to securities fraud, with 94 new civil lawsuits filed in a single day in April 2023 [5][7]. - Yiwei Lithium Energy has a history of legal disputes, with 128 cases related to securities fraud, and has received a warning from the Guangdong Securities Regulatory Commission for failing to disclose related party transactions amounting to 2.31 billion CNY in a timely manner [7][9]. Group 2: Financial Performance and Debt Levels - The company's revenue growth has slowed, with a slight decrease of 0.3% in revenue to 48.615 billion CNY in 2024, and a modest net profit increase of only 0.6% [13]. - As of the first quarter of 2025, the company's asset-liability ratio has risen to approximately 61.98%, significantly above the industry average, indicating increasing financial pressure [15][16]. - Yiwei Lithium Energy has a short-term debt obligation of nearly 12 billion CNY, while its accounts receivable reached 12.808 billion CNY, equivalent to 314% of its annual net profit, raising concerns about cash flow and repayment risks [16][18]. Group 3: Global Expansion and Capital Raising - The company is pursuing a global strategy, having established manufacturing facilities in Hungary, Malaysia, and the United States, with overseas revenue accounting for about 24% of total income by 2024 [19][20]. - The planned Hong Kong IPO aims to raise approximately 30 billion HKD (around 25 billion CNY), which will be used for overseas factory projects and operational funding, potentially alleviating current financial pressures [24]. - Successful fundraising through the Hong Kong listing could enhance the company's brand recognition and credibility in international markets, particularly with partnerships involving major clients like BMW and Daimler [22][24].
惠程科技财务造假后续:遭股民索赔超1250万 中介机构上被告席
Xin Lang Zheng Quan· 2025-06-20 09:22
| 一首号里时 | | | | 涉案企撰 | 案件温度 | | --- | --- | --- | --- | --- | --- | | 间/传票时间 | 原告 | 被告 | 案件英型 | (万元) | | | /获悉时间 | | | | | | | 2025-3-28 | 小大珍 | 惠程度技 | 证券虚假 原述责任 | 221. 40 | 法院已立案,尚未开庭审理。 | | | | | 利彩票 | | | | 2025-4-14 | 號本莊 | 惠程科技、上会会 | 证券虚假 | 229, 55 | 法院已立案,尚未开庭审理。 | | | | 计师事务所(特殊 | 医师责任 | | | | | | 普通合伙) | 印刷紫 | | | | | 小计 | | | 450. 95 | | | 为原告共计3 项 | 其他涉案金额小于100万元的小题诉讼、仲裁事项,公司作 | | | 72. 23 | 1 项法院已受理,涉案金额2 万元:1项撤回起诉,涉案金额2万元:1 项双方 达成和解,被告履行完毕相关又务。公司教园配诉,涉案会额68.23万元。 | | 为被告其计 197项 | 其他涉案金额小于100万元的小 ...
康得新百亿财务造假案再起波澜 北京银行涉虚假陈述责任纠纷
Zhong Guo Jing Ying Bao· 2025-05-23 09:12
Core Points - The recent development in the Kangde Xin case involves a lawsuit filed by Zhejiang Zhongtai Chuangying Asset Management Co., Ltd. against Kangde Xin Composite Materials Group Co., Ltd. for securities false statement liability, with the case now being handled by the Suzhou Intermediate People's Court [2][3] - The lawsuit claims that Kangde Xin caused an investment loss of 5.147 billion yuan and additional costs, with a total claim amounting to 5.149 billion yuan [3] - The case stems from Kangde Xin's long-term financial fraud, which included fabricating sales and inflating profits, leading to a cumulative profit inflation of 11.53 billion yuan from 2015 to 2018 [3][4] Company Impact - Beijing Bank stated that the lawsuit will not have a substantial impact on its current or future profits, as it is not the primary responsible party among the 11 defendants [3][4] - The case has seen a change in jurisdiction from Nanjing Intermediate People's Court to Suzhou Intermediate People's Court, which may expedite the trial process due to the court's familiarity with the case [6] Regulatory Context - The China Securities Regulatory Commission (CSRC) had previously imposed administrative penalties on Kangde Xin in 2021, and Beijing Bank faced warnings and a six-month suspension from underwriting debt financing tools due to its involvement in the fraud [4][5] - Legal experts indicate that the administrative findings from the CSRC may serve as important evidence in the civil lawsuit, although the standards for administrative and civil liability differ [5]
ST百利: 百利科技关于投资者诉讼事项的公告
Zheng Quan Zhi Xing· 2025-05-22 12:26
Core Viewpoint - The company, Hunan Baili Engineering Technology Co., Ltd., is currently facing a civil lawsuit regarding alleged false statements related to its securities, with the plaintiff seeking compensation for investment losses amounting to 15,000 RMB [2][3]. Summary by Sections Lawsuit Details - The lawsuit has been accepted by the Changsha Intermediate People's Court, but has not yet gone to trial [1]. - The plaintiff, individual investor Yang Faguang, claims that the company is liable for investment losses due to alleged violations in information disclosure [2]. Plaintiff's Claims - The plaintiff requests the court to order the company to compensate for stock investment losses of 15,000 RMB, with the final amount to be determined by the court [2]. - The plaintiff cites several issues, including a negative opinion on the internal control audit report for 2023, a qualified opinion on the 2023 financial statements, and the actual controller Wang Hairong's fund occupation amounting to 190 million RMB during 2022 and 2023 [2]. Impact on the Company - The lawsuit's outcome is uncertain as it has not yet been heard in court, and the company is actively working on related matters [3]. - The company is currently unable to assess the impact of the lawsuit on its current or future profits [2][3].
北京银行被连带索赔51亿!涉康得新虚增利润119亿元案
梧桐树下V· 2025-05-16 05:09
文/梧桐小编 5月15日,北京银行(601169)公告收到应诉通知书。2025 年 5 月 13 日,北京银行收到江苏省苏州市中级人民法院送达的《应诉通知书》,获悉本行涉及浙江中 泰创赢资产管理有限公司(以下简称浙江中泰)以证券虚假陈述责任纠纷对康得新复合材料集团股份有限公司(以下简称康得新)提起的诉讼。浙江中泰起诉康 得新、北京银行西单支行、北京银行、钟玉、康得投资集团有限公司(以下简称康得集团)、联合信用评级有限公司、恒泰长财证券有限责任公司、瑞华会计师 事务所等11名被告,请求法院判令被告一康得新向原告支付因其虚假陈述给原告造成的投资差额损失人民币5,147,309,935.83 元,投资差额损失部分的佣金为 1,544,192.98元,印花税为 5,147,309.94 元。请求法院判令被告二至被告十一对被告一在本案第一项、第二项诉讼请求对原告应承担的给付义务承担连带赔偿责 任。对于该案对北京银行的影响,北京银行在公告中披露:因本案件中被告主体多达十一个,且本行和本行西单支行并非本案件第一责任被告主体,针对原告提 起的诉讼请求和案由,经本行初步评估后认为,本案件对本行本期利润或期后利润不会产生实质影响 ...
北京银行陷51亿元连带赔偿诉讼,银行责任边界再引争议
Xin Lang Cai Jing· 2025-05-15 14:00
Core Viewpoint - Beijing Bank is facing a lawsuit for 5.147 billion yuan due to its involvement in the securities fraud case of Kangde Xin Composite Material Group Co., Ltd, raising questions about the bank's role in the supervision of listed companies' funds [1][2][4] Group 1: Legal and Financial Implications - The lawsuit claims that Kangde Xin's fraudulent activities, which included fabricating sales and inflating profits by over 11.53 billion yuan from 2015 to 2018, have led to significant financial losses for investors [4][5] - The bank's West Branch signed a cash management agreement with Kangde Investment Group, allowing the misappropriation of 12.2 billion yuan, which was falsely reported as bank deposits [5][8] - Beijing Bank has been penalized by regulatory authorities for its failure to fulfill its supervisory obligations, resulting in a fine of 42.9 million yuan and a six-month suspension from underwriting debt financing tools [5][8] Group 2: Financial Performance - In Q1 2025, Beijing Bank reported a revenue of 17.127 billion yuan, a decrease of 3.18% year-on-year, and a net profit of 7.672 billion yuan, down 2.44% year-on-year, marking the first decline in both metrics in nearly a decade [7][8] - The decline in net interest income, which fell by 1.42% to 12.592 billion yuan, was primarily due to the downward pressure on loan yields and rigid deposit costs [7] - The bank's non-performing loan ratio was 1.30%, a slight decrease, but the provision coverage ratio dropped by 10.67 percentage points to 198.08%, indicating weakened risk mitigation capacity [7] Group 3: Industry Context and Future Outlook - The lawsuit highlights the ongoing debate regarding the responsibilities of intermediary institutions in securities fraud cases, with a trend towards "penetrative accountability" in recent years [8][9] - The potential financial impact of the lawsuit could affect the bank's capital adequacy ratio and profitability, as well as undermine market confidence in its risk management capabilities [9] - This case may prompt a regulatory push for compliance upgrades in cash management services, emphasizing the need for banks to balance client cooperation with risk isolation [9]
北京银行股份有限公司关于收到应诉通知书的公告
Shang Hai Zheng Quan Bao· 2025-05-14 19:08
Group 1 - Beijing Bank has received a lawsuit notification from the Suzhou Intermediate People's Court regarding a securities false statement liability dispute involving Kangde Xin Composite Materials Group Co., Ltd. [2] - The lawsuit was originally filed in 2022 and has now been transferred to the Suzhou court without changes to the claims or requests [2][4] - The plaintiff, Zhejiang Zhongtai Chuangying Asset Management Co., Ltd., is seeking compensation for investment losses amounting to approximately RMB 5.15 billion, along with additional fees [3][5] Group 2 - The defendants in the case include multiple parties, with Beijing Bank being one of them, alongside Kangde Xin and other entities [4] - The bank has assessed that the lawsuit will not have a substantial impact on its current or future profits, as it is not the primary defendant [5] - The bank will continue to monitor the lawsuit's progress and fulfill its information disclosure obligations as required by law [5]
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
Shang Hai Zheng Quan Bao· 2025-05-12 18:53
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].