定向增发股份收益权

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以案明纪释法 | 准确识别以定向增发股份收益权为工具的利益输送
Zhong Yang Ji Wei Guo Jia Jian Wei Wang Zhan· 2025-08-13 00:04
Core Viewpoint - The article discusses the complexities surrounding the criminalization of state officials profiting from directed share placements, emphasizing the need for thorough investigations focusing on the nature of the transactions and the motivations behind them [1][5][11]. Summary by Sections Basic Case Facts - Wang, a former state-owned enterprise leader, and Li, the actual controller of a private investment company, developed a relationship that led to Wang facilitating Li's access to share placements [2][3]. - In 2014, Wang used his position to allocate shares from a state-owned company to Li's firm, which had previously been denied access [2]. Disputed Opinions - There are differing views on whether Wang's actions constitute bribery, with some arguing that the investment was a normal business opportunity, while others assert it was a clear case of bribery due to the nature of the transaction [5][6][11]. Analysis of Opinions - The article argues that the relationship between Wang and Li was not a legitimate market transaction but rather a form of power-for-money exchange, as Wang's actions were influenced by his official capacity [8][9][10]. - Wang's acquisition of shares was characterized by a lack of market risk, as Li guaranteed profits, which deviates from typical investment behavior [10][12]. Determining Bribery Amount - The article suggests that the total profit Wang received should be considered as the bribe amount, as it was a direct result of the power-for-money transaction [11][12]. - It emphasizes that the nature of the shares acquired by Wang was such that they were not typically accessible to ordinary investors, reinforcing the argument of an improper exchange [12][15][16].