On the evening of May 22,2024, Jiangsu Southern Eisai Pharmaceutical Co., Ltd. (abbreviated as: ST Nanwei (Rights Protection), Code: 603880) issued an announcement on the receipt of the notice of advance notice of Administrative punishment from the China Securities Regulatory Commission.
Li Jian, a lawyer from Zhejiang Yufeng Law firm (certificate number: 13301200210145176), who has represented investors in suing more than 100 listed companies, said that according to the penalty notice, ST Nanwei is suspected of misrepresentation of securities, and damaged shareholders can claim according to law.
The announcement shows that it has been identified that ST Nanwei and other suspected illegal facts are as follows: first, ST Nanwei is suspected of failing to disclose the occupation of non-operating funds of related parties in a timely manner. From March 2020 to December 2022, the non-operating funds of related parties in ST Nanwei occupied a total of 336 million yuan. Of which, 10 million yuan was occupied by ST Nanwei on March 23, 2020, accounting for 1% of the company's audited net assets in 2018.Gamesyoucanearncryptoplaying.80%, meeting the disclosure standard of interim report, ST Nanwei did not disclose it in time, nor did it disclose the subsequent occupation of funds. Second, ST Nanwei is suspected of having major omissions in its periodic reports. From March 2020 to June 2022, ST Nanwei related parties occupied a total of 300.5 million yuan of non-operating funds. ST Nanwei did not disclose it in the 2020 annual report, 2021 semi-annual report, 2021 annual report and 2022 semi-annual report in accordance with the relevant regulations.
As of April 26, 2023, the related party has returned all the occupied funds and interest. On April 28, 2023, ST Nanwei disclosed the occupation and settlement of related parties' non-operating funds in 2022.
Comprehensive failure to disclose the occupation of non-operating funds by related parties in time, and major omissions in relevant periodic reports, Jiangsu Securities Regulatory Bureau intends to decide: give ST Nanwei a warning and impose a fine of 3 million yuanGamesyoucanearncryptoplayingGive a warning to the relevant responsible persons and impose fines on each person.
According to the new judicial interpretation of misrepresentation of securities, listed companies may sue for losses caused by investors suspected of misrepresentation of securities, including loss of investment difference, commission and stamp duty.
Lawyer Li Jian said that according to the judicial interpretation, it was tentatively decided that damaged shareholders who bought ST Nanwei shares between March 23, 2020 and April 27, 2023, and held the shares at the close of trading on April 27, 2023, could claim compensation. Whether the compensation can be obtained and how much compensation is finally determined by the court shall prevail.
Investors are required to provide securities account opening information inquiry form, stock statement (from March 1, 2020 to date), contact information, etc.
(this article is contributed by Li Jian, a lawyer from Zhejiang Yufeng Law firm, and does not represent the position of Sina Finance. Lawyer Li Jian, director of the Securities Law Research Society of China Law Society and securities dispute mediator of China Securities Association, was awarded the title of "excellent Young lawyer of Zhejiang Province" in 2009. Since 2003, lawyer Li Jian has sued more than 100 listed companies on behalf of investors with remarkable results. Among them, the false statement case of investors v. Hangxiao Steel structure was selected as the "Top Ten Mediation cases of the National Court of Justice" in 2012, and the false statement cases of investors v. Xiangyuan Culture and Zhao Wei were selected among the top ten commercial cases of the people's Court in 2019. The false statement case of investors v. Huifeng shares is the first ordinary representative case of securities dispute in Jiangsu Province. )
