资本市场财务造假惩防
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注册会计师法迎修正 进一步压实资本市场“看门人”责任
Zheng Quan Ri Bao· 2026-02-26 16:05
在市场人士看来,草案核心在于"严准入、强监管、重追责",直击审计造假等行业痛点,进一步压实资本市场"看门人"责 任,以法治化手段推动行业"良币驱逐劣币",为资本市场高质量发展提供更坚实的审计保障。 严把行业"入口关" 现行注册会计师法于1993年制定,2014年作了一次修正。自施行以来对促进注册会计师行业健康发展、规范财务审计秩 序、发挥注册会计师审计鉴证功能、维护社会主义市场经济秩序等起到了重要作用。截至2024年底,全国共有会计师事务所约 1.1万家,注册会计师约10万人。 但近年来也出现一些新情况新问题,比如部分会计师事务所和注册会计师执业行为不规范、履行"看门人"职责不到位,监 管措施不完善、处罚力度不够,企业财务会计信息失真、上市公司审计造假等现象频发。因此,有必要对现行法作针对性修 改,进一步完善相关制度机制。 草案从多方面完善了监管措施,包括:严格执业准入,加强监督检查,增加关于加强审计档案管理的内容,明确实施失信 惩戒等。其中,在执业准入环节,草案将会计师事务所设立审批由"先照后证"调整为"先证后照",即申请人先申请执业许可, 再凭执业许可领取营业执照。同时,明确对会计师事务所从事上市公司审计 ...
罚!罚!罚!ST尔雅信披“裸奔”,970万罚单只是开始,退市已在路上
Jing Ji Guan Cha Wang· 2026-01-10 11:47
Core Viewpoint - Hubei Meirya Co., Ltd. (ST Meirya) faces significant regulatory penalties for failing to disclose over 1 billion yuan in related party transactions, which were used for the personal operations and debt repayment of its actual controller, Zheng Jiping [2][3][5] Group 1: Regulatory Actions - The Hubei Securities Regulatory Bureau issued an administrative penalty notice, citing violations of the Securities Law regarding truthful and timely disclosure of information [3] - ST Meirya is ordered to correct its actions, receive a warning, and pay a fine of 3 million yuan; Zheng Jiping faces a total fine of 4.5 million yuan, while other executives are fined 150,000 yuan and 70,000 yuan respectively [3][4] Group 2: Financial Performance - The company's financial situation is deteriorating, with a reported revenue of 330 million yuan in 2024, a year-on-year decline of 27.42%; the first three quarters of 2025 show revenue of only 172 million yuan and a net loss of 35.68 million yuan [6] - If the 2025 audited net profit is negative and revenue falls below 300 million yuan, ST Meirya will trigger financial delisting risk warnings [6] Group 3: Governance Issues - The company has been criticized for poor governance, with a negative opinion issued by its auditing firm regarding internal controls, indicating a lack of commercial rationale in various transactions [5][6] - The ongoing regulatory scrutiny is part of a broader crackdown on financial fraud in the capital market, with 159 cases investigated and 111 penalties imposed since the issuance of new guidelines in July 2024 [5] Group 4: Market Reactions - The stock price of ST Meirya experienced significant fluctuations, with a cumulative deviation of over 12% in a short period, reflecting speculative trading rather than fundamental recovery [6][7] - The company’s governance failures and ongoing losses have raised concerns about its future viability, with potential for civil claims from investors suffering losses due to false statements [6][7]
司法对并购造假亮剑
Zheng Quan Ri Bao· 2025-11-20 23:18
Core Viewpoint - The recent court ruling against Xu Mouqun in the financial fraud case related to the acquisition of Beitai Health by Yitong Century Technology Co., Ltd. highlights the increasing judicial efforts to combat financial fraud in China, emphasizing both the principal offenders and accomplices in such schemes [1][4]. Group 1: Case Background - Yitong Century initiated a major asset restructuring in 2016, acquiring 100% of Beitai Health for a total consideration of 1 billion yuan, with a commitment from the sellers to achieve a cumulative net profit of no less than 311 million yuan from 2016 to 2019 [2]. - In 2017, Beitai Health, under the direction of its original controllers, fabricated orders leading to financial misstatements in Yitong Century's 2017 annual report, resulting in administrative penalties from the China Securities Regulatory Commission [2][3]. Group 2: Judicial Outcomes - Xu Mouqun was sentenced to five years in prison and fined 500,000 yuan for his role in the fraud, which included providing funds and assisting in the financial deception that caused significant economic losses to Yitong Century [1][3]. - The court ordered the recovery of 40 million yuan from Xu's illegal gains to be returned to Yitong Century, with additional compensation required if the recovered amount was insufficient [1]. Group 3: Regulatory Environment - The case reflects a broader trend in China's regulatory environment, where the China Securities Regulatory Commission has begun to hold accomplices accountable alongside primary offenders in financial fraud cases, reinforcing a multi-faceted accountability system [4][6]. - Recent cases indicate a shift towards more stringent penalties for both the main perpetrators and those who assist in financial fraud, aiming to dismantle the ecosystem that supports such illegal activities [7][8].