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中介追讨“造假帮凶”,泽达易盛案39被告遭3.72亿天价索赔
Core Viewpoint - The case of Zeda Yisheng's financial fraud has led to a significant legal development where three intermediary institutions are suing 39 accomplices for a total of 372 million yuan, marking a complete accountability loop in China's capital market [1][4]. Group 1: Legal Developments - The three intermediary institutions, Dongxing Securities, Tianjian Accounting Firm, and Kangda Law Firm, have filed lawsuits against 39 defendants, including 37 companies and 2 individuals, for their alleged involvement in Zeda Yisheng's financial fraud [1][4]. - The lawsuit represents the first instance in China where intermediaries can seek compensation from third parties after making advance payments to investors [1][5]. - Legal experts suggest that if the intermediaries win, it could set a significant precedent for similar cases, establishing a standard for accountability in financial fraud [2][5]. Group 2: Financial Details - The total amount being claimed in the lawsuits is 372 million yuan, with Dongxing Securities seeking 215 million yuan, Tianjian Accounting Firm 123 million yuan, and Kangda Law Firm 33.49 million yuan [4]. - The intermediaries had previously compensated investors approximately 388 million yuan, which included a punitive commitment of 105 million yuan from Dongxing Securities [3][6]. Group 3: Challenges and Evidence - The success of the intermediaries' lawsuits hinges on their ability to provide evidence of the defendants' subjective fault and the direct causal relationship between their actions and the damages incurred [1][6]. - Key evidence required includes abnormal transaction records, communication documents, and proof of financial flows that indicate complicity in the fraud [6][7]. - Experts believe that the third parties may only bear partial responsibility due to the intermediaries' own faults and the need for shared accountability among all parties involved [6][7]. Group 4: Market Implications - The case has prompted a reevaluation of how to effectively hold "fraud accomplices" accountable, suggesting a multi-faceted governance system that includes civil compensation, administrative regulation, and criminal liability [2][8]. - Recommendations for enhancing the willingness of intermediaries to make advance payments include establishing specialized liability insurance for false statements and simplifying the judicial recovery process [2][9]. - The case signals a shift from punishing the end parties (listed companies/intermediaries) to targeting the source of fraud (third-party accomplices), potentially reshaping market behavior and compliance awareness [5][7].
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].
华夏国证港股通科技交易型开放式指数证券投资基金基金份额发售公告
Group 1 - The fund is named "Huaxia National Index Hong Kong Stock Connect Technology ETF" and is a stock-type ETF approved by the China Securities Regulatory Commission [1][15] - The fund's initial share value is set at 1.00 RMB, with a subscription price also at 1.00 RMB [9][21] - The total fundraising cap for the fund is 2 billion RMB, excluding interest accrued during the fundraising period [11][12] Group 2 - The subscription period for the fund is from August 18, 2025, to August 22, 2025 [2][15] - Investors can subscribe through online cash subscription or offline cash subscription methods [16][40] - Investors must have a Shenzhen Stock Exchange A-share account or a securities investment fund account to participate in the subscription [7][24] Group 3 - The fund management company is Huaxia Fund Management Co., Ltd., and the custodian is CITIC Bank [1][49] - The fund can invest in various financial instruments, including stocks, stock options, index futures, and asset-backed securities [6][7] - The fund's net asset value may be affected by fluctuations in the Hong Kong stock market and exchange rate risks [6][8] Group 4 - Subscription fees for the fund will not exceed 0.80% of the subscription amount [18][21] - Investors must ensure that the funds used for subscription are legally sourced and available for their use [7][10] - The fund's subscription applications will be processed on a "last day proportion confirmation" basis if the total subscription exceeds the cap [11][12]
“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].
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].
中汇观点:IPO进程中税收优惠的合规管理,从资格认定到商业实质的全面考量
Quan Jing Wang· 2025-08-13 05:51
Group 1 - The IPO process is complex and heavily regulated, with tax compliance being a critical factor for companies aiming to enter the capital market [1][2] - Companies raised concerns about tax compliance during the IPO process at the recent forum, highlighting the importance of understanding tax challenges [1] - Tax incentives for high-tech and R&D companies are significant profit sources, but qualification and compliance with strict regulations are essential [1][2] Group 2 - Companies should ensure that their operations in "tax havens" have real commercial substance and comply with local and national tax laws to avoid risks [2] - Engaging experienced tax advisors early in the IPO process is crucial for conducting thorough tax due diligence and risk assessments [2] - The forum aimed to facilitate dialogue among stakeholders in the IPO process, focusing on the latest capital market policies and operational practices [3]
罕见!3家中介机构“联手”,索赔3.7亿元!
中国基金报· 2025-08-12 09:02
Core Viewpoint - The article discusses the legal actions taken by Tianjian Accounting Firm, Dongxing Securities, and Kangda Law Firm against 39 defendants, including Geer Software, for a total claim amount of approximately 372 million yuan, stemming from the fraudulent issuance case of Zeda Yisheng [2][4]. Group 1: Legal Actions and Claims - Geer Software is one of the defendants in three lawsuits filed by the aforementioned firms, which are seeking to recover losses after compensating investors a total of 493 million yuan [2][4]. - The lawsuits involve three separate cases with claimed amounts of 1,234.55 million yuan (principal 1,175.576 million yuan, interest 58.974 million yuan), 2,153.32 million yuan, and 334.855 million yuan respectively [4]. - The lawsuits are a continuation of the Zeda Yisheng fraudulent issuance case, where the three firms acted as intermediaries during Zeda Yisheng's IPO [4][5]. Group 2: Background of Zeda Yisheng Case - Zeda Yisheng was listed on the Sci-Tech Innovation Board on June 23, 2020, and was found to have committed financial fraud both before and after its listing [5]. - The company inflated its operating income by 342 million yuan and profits by 187 million yuan from 2016 to 2019, and continued to falsify financial statements in its 2020 and 2021 annual reports [5][7]. - In April 2023, Zeda Yisheng faced administrative penalties from the China Securities Regulatory Commission, leading to investor lawsuits against the company and its intermediaries [7]. Group 3: Implications of the Legal Actions - The lawsuits represent a significant development in the accountability mechanisms within the capital market, as intermediaries shift from passive compensation to actively pursuing those responsible for the fraud [7]. - The case is seen as a breakthrough in establishing a "responsibility closed loop," where all parties involved in the fraudulent activities may face legal consequences [7]. - The actions signal a dynamic balance in the responsibilities of intermediaries, where diligent parties can mitigate losses through recovery efforts, while negligent parties expose their risk management failures [7].
注册制改革执牛耳 重塑资本市场生态
Xin Hua Wang· 2025-08-12 06:30
Core Viewpoint - The registration system reform in China's capital market is progressing towards a comprehensive implementation, enhancing the efficiency of IPO processes and supporting the development of technology-driven enterprises [1][2][3]. Group 1: Registration System Reform - The registration system has transitioned from an approval system to a more market-oriented approach, significantly improving the efficiency of IPOs and allowing for a more diverse range of companies to access the capital market [2][3]. - As of early 2023, under the registration system, there are 31 unprofitable companies, 4 with special equity structures, and 5 red-chip companies listed, indicating a broader acceptance of various business models [3]. - The government has emphasized the need for a comprehensive registration system to promote stable and healthy development in the capital market, with a focus on enhancing information disclosure and regulatory transformation [3]. Group 2: Market Structure and Dynamics - The registration system reform is reshaping the capital market ecosystem, leading to a more market-driven approach where regulatory focus shifts towards ensuring compliance and enhancing market integrity [5][6]. - The proportion of individual investors is gradually decreasing, while institutional ownership is on the rise, indicating a shift towards a more mature value investment market [6]. - The market is experiencing a "Matthew effect," where high-quality stocks attract more capital, leading to a decline in the value of shell companies [5][6]. Group 3: Challenges and Responsibilities - The registration system poses challenges for accounting firms, requiring them to ensure diligent financial disclosures and adapt to a comprehensive regulatory framework [7][8]. - Accountants are seen as gatekeepers of financial information, needing to maintain a zero-tolerance policy towards fraud while balancing penalties and development [8]. - There is a call for accounting firms to innovate their audit practices, incorporating technology and data analysis to enhance their service quality and risk management 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].
彭顺国际拟委任信永中和为核数师
Zhi Tong Cai Jing· 2025-08-05 11:31
Group 1 - The company announced the appointment of Shinewing (HK) CPA Limited as its auditor effective from August 5, 2025, to fill the temporary vacancy left by the resignation of KPMG [1] - The appointment will last until the conclusion of the next annual general meeting of the company [1]