A few days ago, inc. of Shanghai great wisdom (next weighing " great wisdom " ) release announcement to say, accuse a partner to because card inspect was met 2016,reach solid Zhang Changhong charging a person " administrative punishment decides a book " ([2016] 88) involve item to be suspected of violating it is compasses exposure, important to be not announced information blame, be detained by public security mechanism, accept investigation.
Great wisdom is this year the big ox of the stock market one of, accuse a person to be detained actually, in cause while the market pays close attention to, nearly 200 thousand partner also was worried indeed.
This Zhang Changhong is detained, result from great wisdom announces 2013 annals. Meeting investigation maintains Chinese card watch, great wisdom passes acceptance " but sum refund " sale means affirms income ahead of schedule, with " dozen new " wait to have sale for the name, after delaying, affirm award is little end of the year plan current the means such as cost cost, add up to empty increases 2013 year profit 121 million yuan, 281% what hold the amalgamative profit total that publishs external in those days. If deduct empty to increase profit, this company afterwards 2012 after deficit, 2013 year will continue deficit, great wisdom also will wear the hat of ST. But make a holiday as a result of finance affairs, the great wisdom at that time avoided " the cap that be worn " risk.
Basis " criminal law " the 161st regulation, regard responsibility as personnel, if Zhang Changhong violates the compasses exposure, charge that does not announce important information blame to hold water, so Zhang Changhong will face 3 years of the following set term of imprisonments or the punishment of arrest battle.
This is not first. In capital market, because be suspected of violating it is compasses exposure, important to be not announced information blame, before this, flower of report of China acute wind, Jiangsu fining jade (now " Hong Daxing course of study " ) , rich yuan investment appear on the market 3 times the president of the company ever obtained punishment. Han Mou of former legal representative of report of China acute wind, president is sentenced set term of imprisonment 11 months, punish gold 100 thousand yuan; Tao Mou of former vice president, financial chief inspector is sentenced arrest battle 4 months, probation 6 months, punish gold 50 thousand yuan. Nevertheless, similar case is too little.
Publisher of requirement of negotiable securities law, appear on the market the information that the company discloses lawfully, must true, accurate, complete, must not sex of false account, misdirect is stated great perhaps omit. But in real case, the information exposure obligor that cannot achieve afore-mentioned requirements is not little however. To information exposure, legal laws and regulations made relevant provision, but information exposure is become however " long-standing " , already with appear on the market tall heavy visual range spends company and Dong Jian to be concerned not quite, also wrap around with the letter violate plan cost low about.
Cut of net of great wisdom official pursues
Up to on April 27, the civil suit that great wisdom gets relevant court to be sent " should appeal to advice note " reach relevant law copy clerk is aggregate 2815, the accuser that relevant court already accepted is sued appear on the market lawsuit of experience of place of desk of issue of false statement liability asks company negotiable securities amount is total about 528 million yuan.
The investor amount that data protruding shows this case to be involved not only is numerous, amount is very huge also, also explain appear on the market of the company violated compasses behavior to harm investor interest badly, and the clue is abominable. But card inspect is met to appearing on the market the amerce of the company does not cross 600 thousand yuan, to Zhang Changhong amerce does not cross 300 thousand yuan, and the market bans 5 years, with appear on the market the company builds false avoid to be compared by risk caution photograph through finance affairs, not worth to talk at all.
In capital market, violate compasses exposure or do not disclose important information appear on the market the company is not little. Some closer year the severe financial case that make a holiday appears many cases on the market, for instance south spin share, Er health pharmacy, elegant communication of bridge of Mo Long of 100 special, Shandong, key, domestic home can says is " with great quantity " make a holiday, be suspected of violating apparently it is compasses exposure, important to be not announced information blame, but these appearing on the market criminal responsibility is assumed without any responsibility personnel however in the company.
The author thinks, punish capital market letter wraps around violate compasses act, be in again severe law.
On one hand, to violating compasses appear on the market the space that the punishment of company and responsibility personnel all has promotion.
On the other hand, the proposal is right " criminal law " edit the 161st times afresh, be suspected of violating it is compasses exposure, important to be not announced information blame, be in charge of personnel and personnel of other and direct responsibility to what its are in charge of directly, cancel the punishment of arrest battle, be in a year of above 5 years directly the following set term of imprisonment, not applicable probation. Punish severely so only, appear on the market quality of company information exposure just generates qualitative promotion likely.
Cao Zhongming of news analyst of engage by special arrangement of red star news
Partial plan occupies Oriental IC
Edit Zhang Chao
