证券虚假陈述责任

Search documents
挂牌公司财务造假,中介机构如何连带赔偿?法院详解
证券时报· 2025-08-24 14:53
Core Viewpoint - The article discusses the first case of false statements in securities related to the New Third Board market, highlighting the collaborative mechanism between financial judiciary and regulatory bodies to mitigate financial risks [1][9]. Group 1: Case Overview - The case involves a technology company that went public on the New Third Board in December 2013, with its main broker and auditing firm providing reports that later proved to be misleading [4]. - The company faced significant issues with its internal controls, leading to a substantial drop in stock price and subsequent investigation by the regulatory authority [4][6]. - An investor, due to losses incurred from the company's shares, sought compensation of approximately 1.85 million yuan [3][4]. Group 2: Judicial Findings - The Shanghai Financial Court determined that the investor relied on market prices for investment decisions, applying the "presumed reliance principle" to establish causation in trading [6][9]. - The court differentiated responsibilities of the main broker during the stock recommendation phase and the ongoing supervision phase, concluding that the broker was liable only for the initial phase [6][9]. - The auditing firm was found to have significant deficiencies in its audit procedures, leading to a determination that it should bear 20% of the losses caused by the false statements [7][9]. Group 3: Compensation Outcomes - The court ruled that the technology company must compensate the investor for the full loss of 1.85 million yuan, while the main broker was ordered to pay 20,200 yuan and the auditing firm 242,500 yuan [7][9]. - The final judgment was upheld by the Shanghai High People's Court, reinforcing the accountability of intermediaries in securities transactions [7].
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
Core Viewpoint - The company has received a case acceptance receipt from the public security authority regarding a lawsuit against its former actual controller and controlling shareholder for misappropriating company funds [2][3]. Group 1: Legal Proceedings - The company is currently in the litigation stage after receiving the case acceptance receipt from the public security authority [2]. - The company has been involved in multiple lawsuits initiated by small investors, totaling 590 cases with a cumulative compensation amount of 43.982 million yuan [3]. - The company is actively pursuing legal actions against its former controlling shareholder, Jin Hua Investment Holding Group Co., Ltd., and its former actual controller, Wu Yijian, to protect the rights of the company and its shareholders [3][4]. Group 2: Financial Impact - The misappropriation of funds amounts to 16.772 million yuan, which was allegedly facilitated through contracts with third parties and related parties [3]. - The company has reported that its business operations remain normal despite the ongoing legal issues, although the impact of the case on the company is uncertain [4]. Group 3: Information Disclosure - The company commits to timely information disclosure regarding the progress of the case and will cooperate with the economic crime investigation team [4]. - The designated media for information disclosure includes the Shanghai Securities Journal and the Shanghai Stock Exchange website [4].
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
Core Viewpoint - Huicheng Technology (currently *ST Huicheng) has disclosed new securities false statement liability disputes, with two shareholders claiming compensation exceeding 2 million yuan each, totaling 1,258.43 million yuan in new claims [1][3]. Group 1: Legal Disputes - On March 28, 2025, a shareholder named Chen Zhen filed a lawsuit against Huicheng Technology for 2.214 million yuan [2]. - On April 14, 2025, another shareholder, Li Gui, sued Huicheng Technology and its intermediary accounting firm for 2.2955 million yuan, bringing the total claims from these two cases to 4.5095 million yuan [2]. - In addition to these claims, Huicheng Technology has 189 other securities false statement liability disputes currently accepted by the court, with a total amount of 8.0748 million yuan involved [2][3]. Group 2: Background of Legal Issues - The lawsuits stem from previous violations of information disclosure regulations, leading to an investigation by the China Securities Regulatory Commission (CSRC) in November 2022 [3]. - The penalties disclosed in September 2024 revealed that Huicheng Technology had engaged in false reporting in its financial statements, including underreporting sales expenses by 2.22 billion yuan and inflating profits by 2.3 billion yuan in 2019 [3]. - The inflated profits for 2019 and 2020 represented 140.19% and 7.88% of the total disclosed profits for those years, respectively, with total assets inflated by 2.5 billion yuan and 3.3 billion yuan, accounting for 6.53% and 16.40% of total assets [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
Core Viewpoint - Beijing Bank is involved in a lawsuit related to securities false statement liability, with a significant claim amounting to approximately RMB 5.15 billion from Zhejiang Zhongtai against multiple defendants, including Beijing Bank [1][4] Group 1: Lawsuit Details - The lawsuit was initiated by Zhejiang Zhongtai Asset Management Co., which claims that the false statements made by Kangde Xin Composite Materials Group Co. resulted in substantial investment losses [1][4] - The total claim includes RMB 5,147,309,935.83 in investment loss, RMB 1,544,192.98 in commission, and RMB 5,147,309.94 in stamp duty [4] - The lawsuit involves multiple defendants, including Beijing Bank, and seeks joint liability for compensation among all defendants [4] Group 2: Impact on Beijing Bank - Beijing Bank assessed that the lawsuit will not have a substantial impact on its current or future profits, as it is not the primary defendant and there are multiple parties involved [1][4] - The bank will continue to monitor the lawsuit's progress and fulfill its information disclosure obligations as required by law [4] Group 3: Background on Kangde Xin - Kangde Xin was found to have inflated profits by RMB 11.9 billion through fictitious sales and other fraudulent activities from 2015 to 2018 [7] - The company failed to disclose significant related party transactions and misused funds, leading to a major violation of securities regulations [7][8] - Kangde Xin was ultimately delisted from the Shenzhen Stock Exchange due to severe violations of laws and regulations [9]
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]