Xinjiang Yilu Wanyuan Industrial Investment Holding Co.Ltd(600145) ( Xinjiang Yilu Wanyuan Industrial Investment Holding Co.Ltd(600145) ) announced on March 2 that the company recently received the decision on administrative punishment and the decision on banning market entry from the CSRC.
Xinjiang Yilu Wanyuan Industrial Investment Holding Co.Ltd(600145) ‘s main illegal facts include false records and major omissions. It is found that Xinjiang Yilu Wanyuan Industrial Investment Holding Co.Ltd(600145) falsely increased the operating revenue of 133854 million yuan and the total profit of 1.2911 million yuan in 2018, accounting for 100% of the operating revenue disclosed in the current year and 5.24% of the absolute value of the total profit; Falsely increased the operating revenue, non operating revenue and total profit of 2019 by 5.7236 million yuan, 75.9 million yuan and 792482 million yuan, accounting for 55.13% and 253.78% of the disclosed operating revenue and total profit respectively. After retroactive adjustment, the operating income of Xinjiang Yilu Wanyuan Industrial Investment Holding Co.Ltd(600145) 2018 and 2019 was less than 10 million yuan for two consecutive years, and the profit turned into loss in 2019. There were false records in the annual reports of Xinjiang Yilu Wanyuan Industrial Investment Holding Co.Ltd(600145) 2018 and 2019.
According to the facts, nature, circumstances and degree of social harm of the party’s illegal act, and in accordance with the provisions of paragraph 2 of article 197 of the securities law, the CSRC decided to give Xinjiang Yilu Wanyuan Industrial Investment Holding Co.Ltd(600145) a warning and impose a fine of 8 million yuan; Give a warning to the relevant responsible person and impose a fine of varying amounts. Huang Wei was banned from the market for five years and Li Yong was banned from the securities market for life.
It is worth noting that on January 14, Xinjiang Yilu Wanyuan Industrial Investment Holding Co.Ltd(600145) 1, it was announced that Tacheng Public Security Bureau informed Xinjiang securities regulatory bureau that for the case of the company and the actual controller Huang Wei suspected of illegal disclosure and non disclosure of important information, Tacheng Public Security Bureau believed that it met the filing standard and has been filed for investigation.
Lawyer Liu Guohua, director of Guangdong Benzhen law firm, said that on January 21, 2022, several provisions of the Supreme People’s Court on the trial of civil compensation cases for misrepresentation infringement in the securities market were published and officially implemented on January 22. The second article of the provisions is that the plaintiff filed a civil compensation lawsuit for misrepresentation infringement in securities, which is in line with the provisions of Article 122 of the civil procedure law, If the following evidences or supporting materials are submitted, the people’s court shall accept: (1) relevant documents proving the identity of the plaintiff; （2） Relevant evidence of false statements made by the information disclosure obligor; （3） Evidence of the plaintiff’s transaction and investment loss due to false statements.
According to the latest judicial interpretation of the Supreme People’s court, the decision on administrative punishment, relevant announcements and other materials, the injured investor can claim the loss of investment balance, commission and stamp duty of the loss of investment balance from the perpetrator Xinjiang Yilu Wanyuan Industrial Investment Holding Co.Ltd(600145) ( Xinjiang Yilu Wanyuan Industrial Investment Holding Co.Ltd(600145) ) and other false statements. The claim conditions are tentatively determined as: the damaged investors who buy Xinjiang Yilu Wanyuan Industrial Investment Holding Co.Ltd(600145) ( Xinjiang Yilu Wanyuan Industrial Investment Holding Co.Ltd(600145) ) shares between May 9, 2019 and January 26, 2021 and sell or continue to hold shares after January 27, 2021. The final claim conditions shall be determined by the effective judgment of the court.
Xinjiang Yilu Wanyuan Industrial Investment Holding Co.Ltd(600145) previously released a performance forecast that the net profit of the loss in 2021 is expected to be -222558 million yuan to -320642 million yuan. As for the main reasons for the performance loss in advance, Xinjiang Yilu Wanyuan Industrial Investment Holding Co.Ltd(600145) said that in 2021, the company’s production and operation were greatly affected by the epidemic, large fluctuations in the market price of raw materials, responding to the national call for power restriction policy, shutdown caused by maintenance and major repair, resulting in a certain impact on revenue and profits.
In particular, it is worth mentioning that the audited net profit of Xinjiang Yilu Wanyuan Industrial Investment Holding Co.Ltd(600145) 2020 is negative and the operating income is less than 100 million yuan. The delisting risk warning of the company’s shares has been implemented on April 27, 2021. If the company touches article 9.3.11 of the stock listing rules of Shanghai Stock Exchange (revised in January 2022) in 2021, the listing of the company’s shares will be terminated.
Although Xinjiang Yilu Wanyuan Industrial Investment Holding Co.Ltd(600145) has delisting risk, Xinjiang Yilu Wanyuan Industrial Investment Holding Co.Ltd(600145) has closed three trading limits in the four trading days from February 8 to February 11. According to the news of Shanghai Stock Exchange on February 11, that week (February 7 to February 11, 2022), Shanghai Stock Exchange took written warnings and other regulatory measures for 130 abnormal securities transactions such as raising and suppressing, false declaration and so on. Strictly implement self-discipline supervision on abnormal trading behaviors that aggravate market fluctuations and affect market trading order, such as delisting risk stocks Xinjiang Yilu Wanyuan Industrial Investment Holding Co.Ltd(600145) , Jiangsu Chengxing Phosph-Chemical Co.Ltd(600078) , and centralized application for sale in a short time. Special verification was conducted on 11 major events of listed companies.
