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股民诉讼潮下的“护身符”,今年258家上市公司密集投保董责险
Hua Xia Shi Bao· 2025-05-28 08:36
Core Viewpoint - The demand for Directors and Officers (D&O) insurance among listed companies in China's A-share market is rapidly increasing due to enhanced regulatory scrutiny and the implementation of new securities and company laws, which have heightened the responsibilities and liabilities of corporate governance [2][3][8]. Group 1: Regulatory Impact - The implementation of the new Company Law on July 1, 2024, sets specific standards for the duties of directors and encourages companies to purchase D&O insurance, requiring boards to report on insurance matters to shareholders [3][8]. - The new Securities Law introduces a "Chinese-style" collective litigation system, significantly increasing the litigation risks faced by listed companies and their directors [3][8]. - In 2024, the China Securities Regulatory Commission handled 739 cases of securities and futures violations, with 592 penalties issued, indicating a substantial increase in regulatory actions [3]. Group 2: Market Trends - The number of listed companies purchasing D&O insurance has grown from 184 in 2020 to 419 in 2024, with 258 companies announcing purchases since 2025 [2][3]. - The most common D&O insurance policy limits for A-share companies are RMB 50 million and RMB 100 million, with the lowest limit this year being RMB 8 million and the highest RMB 200 million [5]. - The overall rate for D&O insurance has decreased to between 0.3% and 0.4%, driven by economic slowdown and competitive market conditions [7]. Group 3: Case Studies and Examples - The case of Luckin Coffee, which purchased a D&O insurance policy worth $25 million before its U.S. listing, highlights the importance of such insurance, as it successfully claimed $7 million after a fraud scandal [4]. - Companies like Qibin Group have cited the rising legal risks for independent directors as a reason for purchasing D&O insurance to protect their governance roles and enhance risk management [4]. Group 4: Comparison with International Markets - Despite the growing interest in D&O insurance, the penetration rate in the A-share market remains low at 24%, compared to over 80% in Hong Kong and being a standard practice in Western markets [8].