According to the popular Securities News reported that after the collection of rights of FSL claims false statement has begun to implement compensation. After the second instance upheld the verdict, FSL announced this week, requiring the plaintiff will be a copy of my ID card, a copy of the ICBC card provided to the company for compensation. However, some lawyers believe that the company set the conditions for the application of compensation for investors there are security risks.
The first batch of claims investors began to claim
Investors who claim to FSL can finally receive compensation. In June 17th, FSL announced that, in accordance with the conditions of the plaintiff in June 20th will be a copy of my ID card, a copy of the ICBC card (in order to guarantee the correspondence between the number and ID card, bank card must be ICBC's bank card) by courier to the company or by e-mail to us, after the company will arrange. Pay.
FSL is the first listed company this year to carry out investor claims activist collection activities. November 17, 2014, investors to claim the case of the first instance in favor of FSL, but only less than one percent of investors filed claims rights. According to the relevant laws and regulations, the statute of limitations will expire in March 6, 2015, no claims will lose the right to claim investors. Faced with this situation, the newspaper on February 10, 2015 -2 between 26 (in the middle of the Spring Festival holidays, less than 10 working days) launched a collection of investor activism. In a short period of time, on the solicitation of 74 investors to participate in action activist. Has been arranged for compensation, is the first batch of investors sued FSL. This collection of claims investors, will be held in June 24th this year, the trial case.
In the previous report, there have been a number of lawyers said that the trial is about to start because of the implementation date of the false statement, the disclosure date, the loss of the calculation method and deduction factors, and the previous judgment should be no two.
Lawyers believe that the compensation is not safe
However, for the company to allow investors to express a copy of the requirements of FSL identity card, there are lawyers raised objections.
"There has never been a case where the plaintiff should have a copy of the ID card to the defendant. There is a conflict of interest between the plaintiff and the defendant, a copy of the ID card to the defendant, the defendant did not agree and the legal obligation of confidentiality. Shanghai Oriental Cambridge law firm Wu Lijun lawyers believe that this will bring inconvenience and greater security risks. "Investors to provide identity information to the lawyer, the lawyer is submitted to the court, the court has the duty of confidentiality, lawyers have the obligation to keep confidential legal, listed companies without any constraints in this regard, the conflict of interest in both the original defendant without any trust at all. He believes that should be in accordance with the previous practice, passed to investors by lawyers.
"We are in order to ensure our security, but also to ensure the safety of fund investors, not your name, identity card, how do I know your account, we communicate well and bank, play money before the information on the identity. You can not copy, then you do not want money. FSL is responsible for the claims of investors, told reporters. Staff said that if investors entrust a lawyer to handle the line, but to do a notary public. "There is no notarial certificate issued by the relevant authorities, we will not give compensation. There is no other way to get money, we have only one. Staff said.
For the company to ask a lawyer on behalf of the need for a notarized power of attorney, lawyers believe that this is unreasonable. Wu Lijun said: when the court hearing, the lawyer is just to take the investor's proxy, proxy comments and other information, the court did not have a notary public, how can the listed companies to raise the requirements to be notarized? "
"If the company from the perspective of investors, listed companies from the perspective of the principle of good faith, can take the initiative to meet the conditions of the announcement, investors do apply for registration, the authenticity of the company to verify the sale of direct compensation, so the whole society will give him a good reputation. Why should everyone go to the lawsuit, the person who does not have no money to take the lawsuit, which will result in a disguised injustice. This also reflects the problem of asymmetric information, know there are people who have this lawsuit, the lawsuit can compensate. People do not know, there is no lawsuit people have no compensation. Since the announcement of the announcement of the loss of listed companies, there are a large number of investors to consult whether we can claim, but now has been a statute of limitations. Wu Lijun said.
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