one3reel| Nanwei Shares (603880) was pre-punished, and shareholders 'claims were expected

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May 23, 2024One3reelJiangsu Southern Eisai Pharmaceutical Co., Ltd. (abbreviated as: Nanwei Co., Ltd., ST Nanwei (Rights Protection), Code: 603880) issued a notice on receipt of advance notice of Administrative punishment from China Securities Regulatory Commission.

The Jiangsu Securities Regulatory Bureau of the China Securities Regulatory Commission found out that Nanwei shares are suspected of violating the law as follows: first, Nanwei shares are suspected of failing to disclose the occupation of non-operating funds by related parties in a timely manner. From March 2020 to December 2022, Nanwei shares had related parties occupying a total of 33 non-operating funds.One3reel, 6 million yuan. Among them, Nanwei shares occupied 10 million yuan on March 23, 2020, accounting for 1.80% of the company's audited net assets in 2018, reaching the disclosure standard of interim report. Nanwei shares were not disclosed in time, and the subsequent occupation of funds was not disclosed in a timely manner. Second, Nanwei shares are suspected of major omissions in periodic reports. From March 2020 to June 2022, the non-operating funds occupied by related parties totaled 300.5 million yuan. Nanwei shares were not in accordance with the relevant regulations, disclosed in the 2020 annual report, 2021 semi-annual report, 2021 annual report and 2022 semi-annual report. As of April 26, 2023, the related party has returned all the occupied funds and interest. On April 28, 2023, Nanwei shares disclosed the occupation and settlement of non-operating funds of related parties in 2022. Therefore, the Jiangsu Securities Regulatory Bureau of the China Securities Regulatory Commission intends to decide to warn Nanwei shares, the then chairman and general manager, Mr. Li Ping, the actual controller, and the relevant responsible personnel, and impose fines.

Prior to this, on July 29, 2023, Nanwei shares issued an announcement on receipt of 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 Nanwei shares were suspected of illegal information disclosure and were 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 Nanwei shares, 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 Nanwei shares case are as follows: between March 23, 2020 and April 27, 2023, the damaged investors who bought Nanwei shares, stocks or bonds and other securities market publicly issued products, and sold or continued to hold on or after April 28, 2023, can register their claims. (ST Nanwei rights protection entrance)

The lawyer's hint and explanation of the case

1. 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.

two。 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)