On August 19, Commission spokesman Zhang Xiaojun, introduced, the Commission recently held its IPO (initial public offering) cases of fraudulent issuance and information disclosure violation investigation and head of the Institute. Inspection system more than 70 employees of the SFC investigation backbone attended the Institute, has to deal with inspection of IPO links to illegal investigations experience experts and experts deliver administrative punishment Department, public security organs.
This is the Commission for the current IPO fraud issue and special enforcement actions in cases of violation of information disclosure provides a guarantee of a complementary work.
Zhang Xiaojun said, overall, the IPO cases of fraudulent issuance and information disclosure violation cases have illegal period long enough, in connection with the subject, various features of crimes. In recent years, with the SFC enforcement has intensified, fraudulently listing and more subtle.
Such as the issuer's financial fraud, illegal practices from setting up shell companies, through funds circulation fictitious transactions began to spread of traditional practices, such as adjusting income and the profits offset, false accounts receivable and other more subtle ways of evolution. Enterprises of different industries, different business models, financial fraudulent practices is also different features.
Zhang Xiaojun, introduced, Institute training class system Combs has IPO link illegal case involved of legal regulations, in-depth analysis has this class violations of administrative, and criminal, and civil legal responsibility constitute elements, System classification explained has on issued people, and holding shareholders and actual control people and the related executives personnel, on sponsor, and audit assessment and legal service, various securities service institutions and practitioners, on fraud issued, and forged financial ticket, and issued false proved file, various illegal crime technique law Chase accountability of survey focus and forensics points, How to do the investigation for "never let any body involved, never let go of any illegal misconduct and never let go of any need to bear legal responsibility" has set clear work requirement.
Specifically, the class to actual combat training as the basic orientation of the Institute, has a strong targeting and guidance:
From experienced market surveillance, investigation, trial punishment, criminal investigation experts in the selection arrangement instructor, focus should know the regulations and the necessary skills.
Second, requires careful arranging curriculum system of integrating special operations and case studies covering regulatory measures, market entry, administrative penalty, criminal accountability of law enforcement links.
Three is focused on special operations in cases of real need, through case studies, explanation and discussion with a combination of analysis research focus, difficulties to effectively raise awareness among researchers about the characteristics and law violations.
It is worth mentioning that, recently, the a-share first delisting will be issued due to fraud in the history of business, also be gem delisting the first * xintai (xintai electric, 300372) will be suspended from August 23. Shenzhen Stock Exchange will be suspended within 15 days after making the decision to suspend its share listing.
Xintai electric in January 2014. During the December 2011 to June 2013, xintai electric by external borrowing, or falsified Bank documents using their own capital, and the other half at the end end of accounting period reduced, such as receivables, inflated accounts receivable, accounts payable, monetary funds, cash flow from operating activities, less provision for bad debts, the fictional accounts receivable recovery and the recovery of an advance payment, to the financial statements.
On June 1 this year, xintai electric announcement said the company suspected of fraudulent issuance and information disclosure violation case has been investigated by the SFC, the SFC proposed to xintai and related liability made administrative penalties, fines, and market entry measures. On June 17, the Commission informed the xintai electric and intermediaries illegal investigation of circumstances of the case, noting that once a xintai electric fraudulent issuance and make administrative punishment, will start the xintai electric follow-up to delisting procedures.
Recently, the xintai electric convened extraordinary general meeting decided its punishment for an administrative reconsideration by the SFC. Zhang Xiaojun said in xintai before found that no fundamental change of electrical violations, xintai electric the delisting process is not affected. Xintai electric submitted reconsideration request is received, I will be in strict accordance with the law on administrative reconsideration law related work.
Earlier, the Shenzhen Stock Exchange said xintai electric will "back end", and cannot be re-listed. Zhang Xiaojun, August 19 stressed that gem will not accept company stock listing application. In addition, the xintai electric will be delisted last transfer of listed share transfer system. On Baidu Web search new rules to strengthen their
"August 19 launch of the SFC points"
Resolutely investigate and deal with the Internet platform without authorization of the SFC to carry out public sales events
For currently has many Internet platform playing with intelligent voted gu, and intelligent financial of banner, for Securities Fund products of sales, but does not made corresponding licence of situation, Zhang Xiaojun, August 19 response said, according to related provides, public raised securities investment fund management people and registered made public raised securities investment fund sales business qualification of institutions, can engaged in public raised securities investment fund sales activities; without China SFC registered, unauthorized engaged in public raised securities investment fund sales business of, The China Securities Regulatory Commission will be punished in accordance with the relevant bodies and personnel.
Advised that will maintain a high degree of attention, finds the Internet platform without registration, on behalf of the smart investment and other unauthorized public securities investment fund sales activities will be investigated and dealt with according to law.
SFC to administrative penalties in 3 cases and market entry
Zhang Xiaojun, today said recently the securities law to administrative penalties in 3 cases and market entry. Includes 1 disclosure, short-term transactions and stock market manipulation offence case, 2 cases of insider trading.
1 information disclosure, short-term trading and manipulation of the securities market law cases involving new ocean-front (000902). Hubei yangfeng, Ltd (referred to as Yang Feng), using 4 information management products as a whole owns 6.65% shares of Xin Yang Feng. China Securities Regulatory Commission said, Yang Feng shares take new yangfeng stock totals up to 5%, not in accordance with the relevant disclosure provisions, constitutes a violation of information disclosure. In addition, Yang Feng 5%-owned shares as new foreign shareholders over selling "new ocean" and buy time for less than 6 months apart constitute illegal short-term trading.
Securities law for foreign shares and the related responsibility for confiscated a total of 8.19 million Yuan.
2 insider-trading case involving new Bojun (002297) and Ding stake (300054).
Xie Xuan was Hunan boyun new materials company limited (Bojun new materials) through private placement shares acquired Changsha Wei Hui hi-tech new material limited company 100% share this insider information source of insider information. In insider information sensitive period within, Xie Xuan and Shi any East securities Changsha city labor West Road sales General Manager Li Wenjie contact frequently, Xie Xuan delegate Li Wenjie and subordinates employees management operation "gold a snow" account trading "Bojun new material", profit about 716,000 Yuan; Li Wenjie using "Chen a Cheung", and "Gu Mouhui" two a securities account trading "Bojun new material", profit about 2.171 million Yuan.
Hangzhou Jie Technology Limited (referred to as Hangzhou Jet) Deputy General Manager Wu Lu Hubei dinglong chemistry company limited (referred to as Dragon), and Hangzhou-Jet source close to the proposed merger of this insider information. Inside information-sensitive period, Wu Lu to use my securities account buy "Dragon shares" 120,000 shares sold was about 2.77 million Yuan, no illegal proceeds.
SFC to the relevant responsible persons amounts to confiscation 11.133 million Yuan.
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