The First Complaint Was Received &Nbsp; Wuliangye'S False Statement Opened.
Reporters recently learned that, after the announcement of the administrative penalty of the China Securities Regulatory Commission a week after the Wuliangye [34.52 2.07% shares bar, Shanghai new Wang Wen Da Law Firm lawyer song Yixin brought two prosecution materials of Shanghai shareholders, Wu and Zhuang, and sent them to the Chengdu intermediate people's court to file a case on file in the Chengdu court.
The total number of shares involving two shareholders was 70900 shares, and the total amount of the prosecution amounted to 329 thousand and 100 yuan.
At present, the Chengdu intermediate people's court has closed the case. The court said it would reply as soon as possible.
According to the insiders, according to the 112nd provision of the civil procedure law, the people's court receives
Prosecution
If it is considered to be in line with the conditions for prosecution, it shall be filed within seven days and notify the party concerned. If it considers that it is not in conformity with the conditions for prosecution, it shall decide not to accept the case within seven days; if the plaintiff refuses to accept the ruling, he may lodge an appeal.
That is to say, Shanghai shareholders are prosecuting materials.
Court
The case was uncovered.
Wuliangye
Prelude to civil compensation for misrepresentation.
In May 28th, Wuliangye published a notice on receipt of the CSRC administrative penalty decision.
According to the announcement, Wuliangye's information disclosure is found to have the following illegal facts: in January and March 17, 2009, there was a major omission in Wuliangye's "clarification notices"; two, Wuliangye's securities investment information disclosure in Zhongke securities was not timely and incomplete; three, the 2007 annual report of Wuliangye did not correct the entry errors in time; four, Wuliangye did not disclose the directors' judicial detention matters in time.
According to the facts, nature, circumstances and social harm of the party's illegal activities, according to the one hundred and ninety-three provision of the securities law, the China Securities Regulatory Commission has decided to give a warning to Wuliangye and impose a fine of 600 thousand yuan. 8 senior managers, such as Tang Bridge and Wang Guo Chun, have been warned and fined 3 to 250 thousand yuan respectively.
The announcement also said that the company accepts the administrative punishment of the SFC, will not apply for administrative reconsideration and initiate administrative proceedings.
At this point, Song Yixin, lawyer of Shanghai new Wang Da Da law firm, lawyer Xue Hongzeng of Hebei Gong Cheng law firm, Tao Yusheng, Liu Xiaoyu lawyer of Beijing Dacheng Law Office, lawyer [0.14 0.00%] of Guangdong Ben Ben law firm, Zheng Mingwei lawyer of Guangdong Jing Tian law firm, Li Jian lawyer of Zhejiang Yufeng law firm and so on, set up a rights protection lawyer group, and jointly solicited securities civil compensation litigation agents for the majority of Wuliangye investors. At the same time, the agent investors filed a complaint about liability for Securities Misrepresentation to Wuliangye and other false statements.
It should be said that this is after the green earth, this year the second well-known lawyers in China jointly solicited litigation consignment.
"As a result of the fact that the Wuliangye's false statement was finally confirmed," members of the lawyers' group said, "according to the provisions of the People's Republic of China securities law and the Supreme People's Court on certain provisions on civil compensation cases caused by false statements in the securities market", investors who have been punished by the CSRC and the rights and interests suffered by Wuliangye's false statements can file a civil compensation lawsuit against Chengdu intermediate people's Court of Sichuan province. The loss of investment caused by misrepresentation (including the loss of investment balance, stamp duty, commission and interest) can be compensated for by Wuliangye's false statements.
"In view of the fact that the China Securities Regulatory Commission (CSRC) finds that the number of false statements committed by Wuliangye is more frequent and longer, there may be a number of false statements on the implementation date, the date of disclosure or the correction date and the base date."
Members of the law firm initially confirmed that during the period from November 30, 2007 to September 9, 2009, investors who had traded Wuliangye stocks, including buying or selling, and had losses, could submit litigation materials to the lawyers of the lawyers' group.
Investors who meet the above conditions can contact members of the rights protection lawyers group. "
Investors who are willing to prosecute shall provide the lawyer with the following materials: photocopy of identity card, copy of shareholder's account of Shenzhen securities, original account of bill or delivery of Wuliangye stock, stamped by the business department of securities company, contact address, zip code and telephone.
After receiving the material, the members of the panel will calculate the investment losses for the investors in time, and conduct civil actions against the investors after guiding the investors to complete the relevant entrusted procedures.
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