At noon on November 5, 2012, FSL announced the company suspected of illegal disclosure of information, the fact that the Commission investigation. Shanghai City, Oriental Cambridge firm Wu Lijun lawyers told reporters that it is not surprised by the FSL investigation was one thing, because as early as July 6, 2012, FSL has announced the "on the Foshan electrical and lighting Limited by Share Ltd ordered to take correct measures decision", "on the Zhong Xincai publicly ordered to take measures" the decision of two Guangdong Securities Regulatory Bureau administrative regulatory measures decision. The contents of the article, and a series of issues of information disclosure violations after FSL announcement, enough to be investigated. But obviously, the investigation of illegal matters will not be limited to the scope of the above.
According to the law, the securities regulatory bureau of administrative punishment in accordance with the following FSL, buy or hold the shares of FSL stock, can have the opportunity to obtain compensation: 1, before July 5, 2012 (including the day) to buy FSL stock, and hold at the July 5, 2012 closing, within the prescribed time period, or hold the price below the purchase price may be compensation for sell. In November 5, 2012 2, before noon (not including afternoon) to buy FSL shares, and in November 5, 2012 midday hold, sold within the prescribed time period, the price is lower than the purchase price may receive compensation.
The lawyer said Wu Lijun, the number of securities claims regardless of the number of shares of shareholders, nor where any shareholders, investors the legitimate interests of the infringed, have the right to claim application, also can obtain the corresponding compensation. In our country, the premise of the claims of investors is the commission or the Ministry of finance administrative punishment, the court decision, the three pre procedure of claims, no administrative penalties related departments, investors filed a claim to. However, when the Commission has filed a case investigation of listed companies, investors can do a good job in advance claims.
In addition, Wu lawyers believe that China's current legal system on securities claims there are some flaws, such as the aforementioned pre procedural system, to a certain extent, so that the enthusiasm of investors received a blow. In addition, the court is to encourage mediation, but in the case of conclusive evidence that the irregularities of listed companies and the amount of the claim on the basis of more clear, mediation is a kind of investors to profit behavior of funds cost, so the proportion of listed companies mediation space, basically no attraction.
In addition, from the false statements of many listed companies, the SFC has long during the investigation of the bankruptcy reorganization, as the main creditor of stock groups are unable to participate in the bankruptcy reorganization resolution, can only passively accept the future credit amount of the repayment ratio, which is the majority of investors creditors' rights damage.
Wu lawyers pointed out that investors are the cornerstone of the securities market, the cornerstone of the protection of the lack of strength, will inevitably affect the prosperity of the stock market, the indirect impact of China's economic development. "In the design of the system, the power is dynamic, including the Commission to initiate an investigation, the investigation led to the long, at the same time on the market each expert no benefits of mining listed companies fraud case, makes a lot of expert opinion obviously problem has not been willing to expose. "
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