idn96slot| Hainan Haiyao (000566) was pre-punished, and shareholders 'claims were expected

editor 2024-04-17 3次阅读

On April 13, 2024, Hainan Haiyao (Rights Protection) Co., Ltd. (abbreviated as Hainan Haiyao, Code: 000566) issued a letter of advance notice on receipt of administrative punishment.Idn96slotThe announcement of ".

Hainan Marine Pharmaceutical Co., Ltd. is suspected of breaking the law by the Hainan Regulatory Administration of China Securities Regulatory Commission.Idn96slotThe facts are as follows: from December 2018 to January 2020, Hainan Haiyao and its subsidiaries conducted related party transactions with Chongqing Sainuo and Chongqing Jinsai through direct and indirect transfers in the name of financial assistance and purchase trust. The amount of non-operating funds occupied from 2018 to 2020 was 480 million yuan, 220 million yuan and 47.5 million yuan respectively. The above matters shall be disclosed in the relevant periodic reports. Hainan marine medicine is not disclosed in 2018 annual report, 2019 annual report, 2020 annual report, 2021 annual report and 2022 annual report, which constitutes a major omission. Therefore, the Hainan Regulatory Administration of China Securities Regulatory Commission ordered Hainan Haiyao, the former actual controller, Mr. Liu Xicheng, vice chairman of the company, and relevant responsible personnel to make corrections, gave warnings, and imposed fines.

Hainan Haiyao also said that the above-mentioned occupation of non-operating funds belongs to the matter before the change of the company's controlling shareholder and belongs to a problem left over by history, involving the purchase of 200 million yuan of Xinhua trust products. The company has fully recovered 200 million yuan and interest of the creditor's rights involved in Xinhua Trust. Chongqing Sanuo has provided financial assistance of 300 million yuan and has repaid 200 million yuan of financial assistance provided by the company. the remaining outstanding part of Chongqing Sanuo agreed to transfer its compound yew capsule drug approval (Z20026350), market channels and some products to Hainan Marine Medicine to pay off the remaining debt. Chongqing Jinsai owed the company 47.5 million yuan as a result of the market development agreement. Chongqing Sainuo agreed to transfer its two drug approvals and intellectual property rights of Fengliao Changweikang Oral liquid and Shuangshen Huoxue Tongluo granules to the company to pay off the debts owed by Chongqing Jinsai.

Earlier, on September 29th, 2023, Hainan Haiyao Co., Ltd. (abbreviated as Hainan Haiyao, code: 000566) issued an announcement that the company and the former actual controller had received the notice of filing a case by the China Securities Regulatory Commission.

According to the provisions of the Civil Code, the Securities Law and the judicial interpretation of civil compensation for misrepresentation issued by the Supreme people's Court, listed companies, controlling shareholders, actual controllers, board supervisors and their intermediaries who cause damage to the rights and interests of securities investors due to securities fraud such as misrepresentation shall bear civil liability for compensation, including the loss of investment difference, commission, stamp duty and interest. A securities investor whose rights and interests are impaired may file a civil compensation action in a court with jurisdiction.

As Hainan Haiyao was suspected of violating the law and regulations in information disclosure and was pre-punished by the China Securities Regulatory Commission, in order to safeguard the legitimate rights and interests of securities investors, Song Yixin, a lawyer from Shanghai Hanlian Law firm, launched a litigation agent to solicit claims from securities investors who had bought Hainan seafood, and securities investors whose rights and interests were damaged may register their claims with the aforementioned lawyer. (song Yixin lawyer column)

Lawyer Song Yixin believes that the claim conditions of the Hainan Haiyao case are as follows: the damaged investors who bought Hainan Haiyao stocks or bonds and other securities market publicly issued products between April 26, 2019 and September 28, 2023, and sold or continued to hold them on or after September 29, 2023, can apply for claim registration. (Hainan Marine Medicine Rights Protection Import)

The lawyer's hint and explanation of the case

oneIdn96slot. The claim conditions mentioned above are for reference only and do not involve any securities investment decisions and securities trading suggestions of investors. The final conditions of the claim will be further adjusted according to the conclusion of the administrative penalty of the China Securities Regulatory Commission, and shall be subject to the legal time, the object of compensation, the scope of compensation, the standard of compensation and the method of accounting calculation determined by the judgment of the relevant court.

twoIdn96slot. After the cancellation of the precondition characterized by the decision of administrative penalty, although investors can sue directly, due to the limited means of investigation, there is a risk of losing the lawsuit based on the notice of filing an investigation or the decision of administrative supervision measures. Therefore, as a professional lawyer, I remind investors that the decision on administrative penalty should still be one of the necessary prerequisites for filing a lawsuit.

3. In the proposed civil tort litigation, whether the listed company is delisted or not does not affect the process of civil claim tort litigation, but may affect the progress of litigation. Entering the bankruptcy proceedings (including reorganization, pre-reorganization or liquidation) may affect the progress of the proceedings. In the event of a representative action, you may choose to participate or not to participate, join or withdraw.

4. Investor claim registration or pre-registration shall provide the following materials: (1) A copy of the "ID card". (2) the original confirmation form of account opening Information of Securities account (affixed with the seal of the business department of the securities company). (3) the original "Securities Trading record" from the first purchase of the stock / bond / warrant, etc. (affixed with the seal of the business department of the securities company).

(this article is contributed by Song Yixin, a lawyer from Shanghai Hanlian Law firm, and does not represent the views of Sina Finance. Song Yixin, a lawyer, has been practicing as a lawyer since 1992 and is now a partner of Shanghai Hanlian Law firm. The service areas mainly include legal services in capital market, securities market, financial market and the protection of the rights and interests of investors / financial consumers. Up to now, he has provided legal services for more than 10000 securities litigation or shareholder disputes. He has edited books such as the principle and practice of Securities Law, the practical Handbook of Securities Civil compensation, the Protection of Stock Market Rights, the Compendium of Judicial documents on China's Securities Civil compensation cases, Directors' liability Insurance and the Protection of investors' Rights and interests. License No.: 13101199210628065)