Self violation is not a major Buddha light is only a minor defect?

According to the popular Securities News reported that on the morning of April 9th, FSL (000541) false claims in the second instance of the Guangdong Provincial Higher People's court hearing. FSL aspects of the lawyer in court, said FSL irregularities are not significant, just a slight defect, so the court dismissed the claims of all claims. However, the legal representative of the investors who told reporters that the other side did not put forward any new evidence.

Company: its violation is not significant

In November 14, 2014, Guangzhou City Intermediate People's Court of the first batch of investors v. FSL Securities Misrepresentation liability dispute case verdict, FSL total compensation of more than 900 investors 59 million 310 thousand yuan, which refresh the historical high securities claims. Subsequently, FSL refused to accept the verdict, launched an appeal.

On Thursday in the second instance, a lawyer representing FSL suggests that FSL's information disclosure violations is not significant, only slight defects of information disclosure, investors do not need to bear the liability for the loss, so the decision to appeal to all requirements, the second instance court dismissed all claims of investors.

However, investors do not agree with the views of lawyers. "FSL company withheld because of the association and related transactions and other illegal behavior and the Hongkong skyline and other 16 companies in the regular reports and interim reports by the China Commission administrative penalties, related transactions to conceal the cumulative amount of over 2 hundred million, of course, major violations. Beijing Pacific Century Law Firm lawyer Zang Xiaoli said.

Zang Xiaoli believes that FSL did not impose penalties on the Commission's administrative reconsideration and administrative proceedings, so the Commission finds that the administrative penalty documents FSL false statement violations is the fact. In the civil action of investor claims, FSL denies illegal events is not enough, it is meaningless. Conversely, if the Commission believes that the listed company letter Phi violation is not significant, simply do not need to be punished. Commission on listed companies to make a severe punishment measures, sufficient to show that their violations have reached a major standard.

Activist lawyers: no new evidence of the other party

According to Zhejiang Yufeng Li Jian law firm lawyers said that the two sides dispute in the court focused on: the punishment matters is not part of a major event, the false report of behavior and the loss of investors is not a causal relationship, how to determine the implementation date, have revealed two days, the purchase price and the average price calculation method. The loss of investors to deduct the market risk and so on.

In the view of the investor's lawyer, FSL did not put forward any new evidence to overturn the verdict of the first instance, but in the first instance has said the words in the second instance and said again. "They didn't come up with any new evidence and ideas. Zang Xiaoli said.

FSL disclosure of illegal facts, the Commission has been determined by the punishment decision, the facts are clear, the evidence is sufficient; the High Court on the basis of the interpretation of false statements is also very clear. "Li Jian lawyers believe that the possibility of the second sentence is relatively small.

Listed companies with new evidence did not put forward different aspects of rights lawyers have new ideas. Shanghai Oriental Cambridge law firm Wu Lijun proposed, according to the time and content of the Commission investigation notice, the case should have two disclosure date. "There are 11 companies that were not exposed in the first place, but only in November 2, 2012. Therefore, it should be recognized at least two disclosure date, which means that the scope of the claim can be expanded. "

Reporters in February 9th this year launched a claim for FSL rights activist, a total of 74 investors participated in. Currently, these investors have been filed by the court case, is awaiting trial.

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