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泽达易盛财务造假案未了 东兴证券天健等发起追偿诉讼
Zhong Guo Jing Ji Wang· 2025-08-15 05:52
Core Viewpoint - The company, 格尔软件, is involved in multiple lawsuits related to claims for compensation from various parties, including accounting and legal firms, following the fraudulent activities of a related company, 泽达易盛, which faced severe penalties from regulatory authorities [1][3]. Group 1: Lawsuit Details - The company received notifications regarding three lawsuits filed by 天健会计, 东兴证券, and 康达律所, which are seeking compensation related to the fraudulent activities of 泽达易盛 [1][2]. - The total amount claimed in the lawsuits includes approximately 123.46 million yuan for案件一, 215.33 million yuan for案件二, and 33.49 million yuan for案件三, summing up to a total of approximately 372.28 million yuan [3]. - The company is one of 39 defendants in these lawsuits, which have not yet gone to trial, and the impact on the company's profits remains uncertain [3]. Group 2: Background on 泽达易盛 - 泽达易盛 was penalized by the China Securities Regulatory Commission (CSRC) for fraudulent issuance and violations of information disclosure, leading to investor lawsuits against the company and its intermediaries [1][3]. - The CSRC has categorized 泽达易盛's case as a significant example of investor protection, highlighting the serious nature of the fraud and the subsequent administrative penalties imposed [3]. - 泽达易盛 was delisted from the Shanghai Stock Exchange on July 7, 2023, following these violations [4].
“全链条追责”形成闭环!泽达易盛案三中介赔付5亿后起诉39名被告追偿3.7亿
Core Viewpoint - The lawsuit against 39 defendants, including Geer Software, seeks to recover 372 million yuan due to their alleged collusion in financial fraud with ZeDa YiSheng, a company that has already faced penalties for fraudulent issuance [1][3][4]. Group 1: Legal Proceedings and Financial Implications - Geer Software and 38 other defendants are being sued by three intermediary institutions for a total of 372 million yuan, which includes compensation for investor losses and penalties paid to the regulatory authority [1][3]. - The three intermediary institutions, Tianjian Accounting Firm, Dongxing Securities, and Kangda Law Firm, are pursuing claims of 127.46 million yuan, 215 million yuan, and 33 million yuan respectively [3]. - The lawsuit is part of a broader trend where third-party entities that assist in financial fraud are being held accountable, marking a shift towards comprehensive liability in capital market fraud cases [2][5]. Group 2: Regulatory Context and Market Impact - The China Securities Regulatory Commission (CSRC) has noted a new trend in financial fraud involving third-party collusion, which disrupts market order and necessitates strict enforcement [2][5]. - The CSRC has previously penalized ZeDa YiSheng for fraudulent activities, and the ongoing lawsuits aim to extend accountability to all parties involved in the fraud ecosystem [6][11]. - Experts suggest that this legal action could deter future collusion in financial fraud by increasing the costs associated with such activities, thereby promoting a more responsible market environment [7][10]. Group 3: Implications for Intermediaries and Third Parties - The lawsuit emphasizes the need for intermediaries to conduct thorough due diligence and shift from mere formal reviews to substantive risk assessments [7][8]. - Legal experts argue that third parties who knowingly assist in financial fraud pose a greater risk to the capital market than intermediaries who may act out of negligence [8][11]. - The outcome of this lawsuit could set a precedent for how third-party involvement in financial fraud is treated legally, potentially leading to stricter enforcement and accountability measures [10][11].
直击现场!揭秘律所的“债务托管”生意
Bei Jing Shang Bao· 2025-08-14 08:01
Core Viewpoint - The article highlights the risks associated with debt management services marketed by certain law firms and debt optimization companies, which often mislead consumers with false promises and may engage in fraudulent practices [1][12][13]. Group 1: Debt Management Services - Many consumers encounter advertisements for "debt optimization" and "overdue negotiation" services, often presented by individuals claiming to be legal assistants or financial advisors [1][3]. - These services promise to alleviate debt burdens by offering solutions such as "no payments for 1 to 3 years" and "only repaying the principal," which are often unrealistic and misleading [3][5][11]. - The operations of these companies typically involve high-pressure sales tactics and vague contractual agreements that can lead to consumer exploitation [12][13]. Group 2: Consumer Experiences - Consumers report being drawn to local law firms that claim to have extensive experience in handling debt issues, often leading to significant service fees without any real solutions [11][12]. - Complaints on platforms like Black Cat Complaints reveal numerous instances of consumers feeling deceived, with reports of service fees collected without any effective resolution of their debt issues [12][13]. - The article notes that many of these firms have expanded their reach to local markets, using targeted advertising to attract consumers in distress [9][11]. Group 3: Legal and Regulatory Concerns - Legal experts express skepticism about the legitimacy of the services offered, particularly the claims that debt management can be conducted without impacting credit scores [7][8]. - The practices of these debt management companies may violate regulations regarding consumer protection and financial practices, leading to potential legal repercussions for both the companies and the consumers involved [12][13]. - The article emphasizes the need for consumers to be cautious and to seek services from licensed financial institutions rather than unregulated debt management firms [12][13].
新政策 新热点 新机遇 并购重组助推上市公司“向新向优”
Core Viewpoint - The merger and acquisition (M&A) market is experiencing a significant recovery driven by supportive policies and active participation from market players, with over 1800 asset restructuring cases disclosed in the A-share market since September 2024 [2] Group 1: Policy and Market Dynamics - The implementation of the "Six M&A Guidelines" has led to a notable increase in the scale and activity of the M&A market, with more than 200 major asset restructurings reported [2] - The revised "Management Measures for Major Asset Restructuring of Listed Companies" encourages existing listed companies to pursue transformation and expansion through M&A [2] - The Shanghai Municipal Financial Committee aims to establish Shanghai as a leading area for M&A activities, enhancing the ecosystem and collaboration mechanisms [2] Group 2: Financial Support and Innovation - Beijing Bank's Shanghai branch is committed to providing comprehensive financial support for technology enterprises, having launched the first M&A loan under the new policy for innovative companies [2][3] - The Shanghai State-owned Capital Investment Company emphasizes the importance of financial support and resource integration for technological innovation [3] Group 3: Regulatory and Compliance Aspects - New regulations include simplified review processes for restructurings and increased tolerance for financial condition changes and related party transactions, aimed at improving the quality of listed companies [3] - Experts highlight the need for careful evaluation of cross-industry mergers to avoid risks associated with blind expansions and ensure asset quality [3] Group 4: ESG Considerations - ESG factors are becoming central to M&A activities, influencing risk management, valuation, and integration challenges, particularly in cross-border transactions [4] - The future of M&A will increasingly depend on ESG capabilities as global disclosure standards evolve [4] Group 5: Role of Intermediaries - Active participation from intermediary institutions is crucial for a vibrant M&A market, with recommendations for companies to ensure strategic alignment and protect minority investors' rights [5] - Professional intermediaries are advised to conduct thorough due diligence and develop unified development plans for successful integration post-merger [6]
泽达易盛财务造假案余波未平 引发连环索赔诉讼
Mei Ri Jing Ji Xin Wen· 2025-08-13 12:26
Core Viewpoint - The financial fraud case involving Zeda Yisheng continues to have repercussions, leading to a series of compensation lawsuits against Geer Software and other involved parties [2][3]. Group 1: Legal Proceedings - Geer Software has received notifications from the Shanghai Financial Court regarding lawsuits filed by Tianjian Accounting, Dongxing Securities, and Kangda Law Firm, seeking compensation for losses [3]. - The three intermediary institutions are pursuing claims against 37 companies and 2 individuals, requesting a total of approximately 1.23 billion yuan, 2.15 billion yuan, and 0.33 billion yuan in principal and interest [3]. - Zeda Yisheng was previously penalized by the China Securities Regulatory Commission for fraudulent issuance and information disclosure violations, leading to a total compensation payout of about 493 million yuan to investors [2][3]. Group 2: Financial Impact - Geer Software stated that the ongoing lawsuits have not yet gone to trial, making it difficult to assess their impact on the company's current or future profits [4]. - The transactions involved in the lawsuits were determined to have a minor effect on the accuracy of Geer Software's financial statements from 2018 to 2021, thus no retrospective adjustments are necessary [4]. Group 3: Historical Context - Geer Software's historical announcements reveal that the company inflated its net profit by 2.75 million yuan, 2.51 million yuan, and 773,800 yuan from 2018 to 2020, while reducing its net profit by 1.90 million yuan in 2021 [5]. - The Shanghai Securities Regulatory Bureau issued a warning letter to Geer Software and related personnel in 2023 regarding these financial discrepancies [5]. Group 4: Legal Framework and Defense - Legal experts indicate that for the intermediary institutions to exercise their right of recourse, they must prove that the parties being pursued had faults and that there is a direct causal relationship between their actions and the damages incurred [6]. - The concept of "no commercial substance" in transactions may not be sufficient for a successful claim unless it can be shown that the involved parties knowingly participated in fraudulent activities [7]. Group 5: Risk Mitigation Strategies - Geer Software is taking proactive measures to strengthen the understanding of relevant laws and regulations among its directors, supervisors, and senior management [8]. - The company is also enhancing its internal control systems to improve operational compliance and risk identification capabilities [8].
东兴证券、康达律所、天健会所起诉39名被告,索赔3.7亿!
梧桐树下V· 2025-08-12 06:20
Core Viewpoint - The article discusses the legal actions taken against Gel Software and other parties involved in the fraudulent issuance and information disclosure violations related to Zeda Yisheng Technology Co., Ltd, highlighting the financial implications and the ongoing litigation process [2][4]. Group 1: Legal Proceedings - On August 12, Gel Software announced that it, along with 38 other defendants, is being sued for a total of approximately 37,227.26 million yuan across three cases related to fraudulent issuance and information disclosure violations [2]. - The three cases involve claims of 12,345.51 million yuan, 21,533.20 million yuan, and 3,348.55 million yuan respectively, with the total amount claimed being 37,227.26 million yuan [2]. - The plaintiffs include Dongxing Securities, Tianjian Accounting Firm, and Beijing Kangda Law Firm, all of which were intermediaries in Zeda Yisheng's initial public offering [4]. Group 2: Background and Financial Impact - In April 2023, Zeda Yisheng was penalized by the China Securities Regulatory Commission for fraudulent issuance and information disclosure violations, leading to investor lawsuits against Zeda Yisheng and its intermediaries [4]. - Following the penalties, Dongxing Securities, Tianjian Accounting, and Kangda Law Firm collectively paid approximately 493 million yuan to investors and the regulatory authority, prompting them to seek recovery of these costs through litigation against other involved parties [4]. - Gel Software's involvement stems from business transactions with Zeda Yisheng in 2018 and 2020, which were later found to lack commercial substance during a self-examination process [4].
广东深入推进国际商事仲裁中心试点建设!推动多领域树品牌
Nan Fang Du Shi Bao· 2025-08-12 02:29
Core Insights - Guangdong's foreign-related legal service level has been continuously improving, driven by the need for enhanced legal support as enterprises expand internationally [1][2][3] Group 1: Legal Service Enhancements - Guangdong has established a regular mechanism for legal services at major exhibitions, integrating "exhibition + legal services" to provide tailored legal support for participating and outbound enterprises [2] - The Guangdong foreign-related legal consultation service booth has been present at international trade fairs, offering pro bono legal services to assist Guangdong enterprises in exploring international markets [2] - A total of 854 legal consultations were provided during the 15-day service period at the 137th Canton Fair, with services extended to over 110 countries and regions [2] Group 2: Institutional Developments - Guangzhou has launched multiple foreign-related legal service centers to meet the legal service demands of enterprises "going out" and "bringing in" [3] - Guangdong has signed cooperation arrangements with Hong Kong and Macau to deepen collaboration in the legal service sector, achieving several consensus on legal service cooperation [3] - The establishment of a unified "Guangdong-Hong Kong-Macau Greater Bay Area Mediator Directory" is set to enhance cross-border dispute resolution [3] Group 3: Arbitration Center Initiatives - Guangdong is focusing on building an internationally recognized arbitration institution, aiming to become a preferred destination for resolving international commercial disputes [4] - The "Guangdong-Hong Kong-Macau Greater Bay Area Arbitrator Directory" project has been initiated to facilitate the flow of arbitration resources across regions [4] - In 2024, the arbitration institutions in Guangzhou and Shenzhen handled foreign-related disputes amounting to 60.1 billion, covering over 140 countries and regions [5] Group 4: Future Outlook - The Guangdong Provincial Justice Department plans to strengthen the development of foreign-related legal services in alignment with national strategies, focusing on international trade, maritime law, and intellectual property [6]
错发30万元车补,广东一地发布“追回”公告后删除,当地商务局:内容仍有效,涉及个人隐私没必要公开
Mei Ri Jing Ji Xin Wen· 2025-08-11 00:38
每经编辑|程鹏 8月7日,据《南方都市报》报道,惠州市商务局官方发布公告称,因审核疏漏,向28名申请人错发了补贴资金,据统计,错发补贴为30万元,目前已启动 资金追回程序。 近日,惠州市商务局在官微发布《惠州市商务局关于追回错发汽车置换更新补贴资金的公告》(下称公告)。公告称,根据相关政策规定,汽车置换更新 补贴仅针对符合条件的乘用车置换行为。根据惠州市消费品以旧换新活动审计核查结果发现,因审核疏漏,向28名旧车登记类型为货车的申请人错发了补 贴资金。现就整改及资金追回事项公告。 编辑|程鹏 杜恒峰 校对|刘思琦 封面图片来源:视觉中国(资料图 图文无关) 每日经济新闻综合自南方都市报、深圳新闻网、九派新闻(记者:徐玉婷 董自能) 公告称,为坚决纠正上述的错发行为,避免国家财政资金损失,同时也便于相关当事人知晓事情原委以及工作人员联系沟通,根据《中华人民共和国民法 典》第九百八十七条"得利人知道或者应当知道取得的利益没有法律根据的,受损失的人可以请求得利人返还其取得的利益并依法赔偿损失"之规定,请错 发人员于2025年8月25日前,将错发的补贴资金原路等额返还至原发放账户。未按期退回者,惠州商务局将依据《财政 ...
前海梦工场孵化国高企业79家 “港澳e站通”提供服务事项380项
Shen Zhen Shang Bao· 2025-08-09 21:44
Group 1 - The total value of imports and exports in the Qianhai Shekou Free Trade Zone reached 260.86 billion yuan in the first half of the year, representing a year-on-year increase of 11.5%, accounting for about two-thirds of the total import and export value of Guangdong's free trade zones [1] - The Google Cross-Border E-commerce Acceleration Center (Shenzhen) has commenced operations in Qianhai, providing comprehensive services for cross-border e-commerce enterprises in Shenzhen and surrounding areas, enhancing the potential for overseas brand development [1] - Qianhai has achieved high-level openness in multiple areas such as personnel, finance, goods, and data, driven by institutional innovation, serving as a "vivid sample" for economic development [1] Group 2 - The modern service industry in Qianhai, represented by finance and legal services, has seen significant achievements, with over 400 financial institutions, including HSBC and UBS, establishing a presence in the Qianhai Shenzhen-Hong Kong International Financial City [2] - The QFLP fund scale in Qianhai accounts for over 90% of Shenzhen's total, while the QDIE quota represents 80% of the city's total, indicating a strong financial ecosystem [2] - Qianhai has been ranked first in institutional innovation capability and level among the 57 free trade pilot zones in China for four consecutive years, with 882 institutional innovation achievements, 104 of which have been replicated nationwide [2] Group 3 - The threshold for Hong Kong professionals to practice in Qianhai has been lowered, facilitating the practice of 26 types of professionals, including tax advisors and lawyers, through special mechanisms [3] - Qianhai Dream Factory has become a benchmark for the collaborative development of soft and hard power between Shenzhen and Hong Kong, with 556 teams in the park, including 463 from Hong Kong [3] - The living convenience for Hong Kong youth in Qianhai has been enhanced with services such as free short-term accommodation and direct transportation options to Hong Kong [3]
事关外商投资,全国“最短”负面清单来了
Core Points - The "Regulations on Foreign Investment in Hainan Free Trade Port" has been officially released, highlighting unique preferential policies for foreign investors in Hainan [1] - The regulations aim to attract foreign investment by creating a more open and convenient investment environment, focusing on areas of significant concern for foreign capital [1][3] Group 1: Investment Access - The regulations introduce a "negative list" for foreign investment that is the shortest in the country, facilitating the opening of multiple sectors in Hainan ahead of the national pace [1][2] - In the education sector, foreign high-level universities in science, engineering, agriculture, and medicine are allowed to operate independently in Hainan [2] - In the telecommunications sector, foreign investment is permitted in internet data centers and content distribution networks, with no restrictions on foreign shareholding in certain value-added telecommunications services [2] Group 2: Financial Support - The regulations enhance financial services for foreign enterprises, allowing better cross-border capital flow and expanding the application of multi-functional free trade accounts [4] - Foreign enterprises can enjoy high-level open pilot measures, such as exemption from foreign exchange registration for domestic reinvestment [5] - The regulations support the establishment of foreign financial institutions in Hainan, including securities, insurance, and reinsurance companies, to attract qualified foreign enterprises [5]