p align = “center” regulatory highlights
CSRC solicited public opinions on the provisions on matters related to the priority of property of securities violators to bear civil liability (Draft)
On March 11, in order to implement the principle of priority of civil liability and effectively protect the legitimate rights and interests of investors, in accordance with the securities law of the people’s Republic of China, the detailed rules for the implementation of the regulations of the people’s Republic of China on the state treasury and other relevant provisions, the CSRC The Ministry of Finance jointly studied and drafted the provisions on matters related to the priority of the property of securities offenders to bear civil liability (Draft) (hereinafter referred to as the provisions) to solicit opinions from the public.
There are 14 articles in the regulations, which defines the specific working mechanism for the administrative fines and confiscations paid by the violators to bear the civil liability for compensation. With regard to the application acceptance, application period and application amount, first, clarify the application materials required by the injured investor to submit the application and the requirements for the supplement and correction of relevant application materials (Articles 2 and 4). Second, it is clear that the injured investor can apply within one year after the people’s Court issues the ruling on the termination of execution; If the violator is declared bankrupt by the people’s court, he shall file an application within one year after the conclusion of the bankruptcy procedure or the additional distribution procedure; If an application is filed for more than one year, the CSRC will not accept it (Article 3). Third, it is clear that the application amount of the injured investor shall not exceed the amount of compensation that the defendant should bear as specified in the civil judgment, and shall not apply for the part that the defendant has performed; The amount of fines and confiscations used to bear civil liability shall not exceed the amount of fines and confiscations actually paid by the violator. Multiple aggrieved investors shall submit applications at the same time. If the total amount of applications exceeds the amount of fines and confiscations actually paid by the violator, the payment shall be refunded according to the proportion of the application amount of aggrieved investors determined in accordance with the provisions (Article 5).
the person in charge of the relevant department of the CSRC answered the reporter’s questions on the “relevant issuers” identified as delisting risk of five listed companies in the United States
On March 11, in response to the foreign company accountability law, the CSRC identified five listed companies in the United States as “relevant issuers” with delisting risk: the CSRC took note of this situation. This is a normal step for US regulators to implement the foreign company Accountability Act and relevant implementation rules. The CSRC has previously expressed its attitude on the implementation of the foreign company accountability law for many times. The CSRC respects that overseas regulators strengthen the supervision of relevant accounting firms in order to improve the quality of financial information of listed companies, but firmly opposes the wrong practice of politicizing securities supervision by some forces. The CSRC has always adhered to the spirit of openness and cooperation and is willing to solve the problems of inspection and investigation of relevant firms by the US regulatory authorities through regulatory cooperation, which is also in line with the international practice. Recently, the China Securities Regulatory Commission and the Ministry of finance have continued to carry out communication and dialogue with the American public company accounting supervision board (PCAOB) and made positive progress. The CSRC believes that through joint efforts, the two sides will be able to make cooperative arrangements in line with the legal provisions and regulatory requirements of the two countries as soon as possible, jointly protect the legitimate rights and interests of global investors and promote the healthy and stable development of the markets of the two countriesP align = “center” regulatory dynamics
listed company
Yusys Technologies Co.Ltd(300674) ( Yusys Technologies Co.Ltd(300674) . SZ): the deputy general manager at that time did not write in advance and received a warning letter
On March 10, Beijing regulatory bureau of China Securities Regulatory Commission issued a warning letter to Jing Jiabin, then deputy general manager of Yusys Technologies Co.Ltd(300674) company. According to the warning letter, after investigation, Jing Jiabin, as the deputy general manager of Yusys Technologies Co.Ltd(300674) company, reduced 10000 shares of Yusys Technologies Co.Ltd(300674) shares on December 28, 2021 without disclosing the reduction plan in advance.
The warning letter pointed out that Jing Jiabin’s above-mentioned behavior violated the provisions of Article 8 of Several Provisions on the reduction of shares held by shareholders, directors, supervisors and senior managers of listed companies (CSRC announcement [2017] No. 9). According to Article 14 of Several Provisions on the reduction of shares held by shareholders and directors, supervisors and senior managers of listed companies (CSRC announcement [2017] No. 9), the Beijing regulatory bureau of the CSRC decided to take administrative regulatory measures to issue a warning letter to Jing Jiabin.
Jilin Zixin Pharmaceutical Industrial Co.Ltd(002118) ( Jilin Zixin Pharmaceutical Industrial Co.Ltd(002118) . SZ): the controlling shareholder Sinopharm Zhaoxiang received the warning letter from Jilin Securities Regulatory Bureau
On March 10, Jilin Zixin Pharmaceutical Industrial Co.Ltd(002118) announced that the company received a notice from the controlling shareholder of the company, Guoyao Zhaoxiang (Changchun) Pharmaceutical Co., Ltd. (hereinafter referred to as “Guoyao Zhaoxiang”), Sinopharm Zhaoxiang received the decision on Issuing warning letter to Sinopharm Zhaoxiang (Changchun) Pharmaceutical Co., Ltd. issued by Jilin regulatory bureau of China Securities Regulatory Commission (hereinafter referred to as “Jilin securities regulatory bureau”).
On October 19, 2021, the company signed the voting right entrustment agreement with Dunhua Kangping Investment Co., Ltd. (hereinafter referred to as Kangping company), the controlling shareholder of Jilin Zixin Pharmaceutical Industrial Co.Ltd(002118) (hereinafter referred to as Jilin Zixin Pharmaceutical Industrial Co.Ltd(002118) ). According to the agreement and actual shareholding, Kangping entrusted your company with the voting rights corresponding to Jilin Zixin Pharmaceutical Industrial Co.Ltd(002118) 19.69% of its shares, including but not limited to shareholders’ proposal rights, shareholders’ voting rights and other relevant rights, and the company became the controlling shareholder of Jilin Zixin Pharmaceutical Industrial Co.Ltd(002118) . From December 21 to 22, 2021, your company reduced 10 million shares of Jilin Zixin Pharmaceutical Industrial Co.Ltd(002118) shares through centralized bidding, accounting for 0.78% of Jilin Zixin Pharmaceutical Industrial Co.Ltd(002118) total share capital, and the transaction amount was 306132 million yuan. As an acquirer, the company reduced its shares within the restricted sales period of 18 months after the completion of the acquisition, in violation of Article 74 of the measures for the administration of the acquisition of listed companies (revised in 2020).
Nanjing Red Sun Co.Ltd(000525) ( Nanjing Red Sun Co.Ltd(000525) . SZ): the information disclosed in the annual report from 2014 to 2020 is inaccurate, and Jiangsu Securities Regulatory Bureau issued a warning letter to it
On March 7, Jiangsu Securities Regulatory Bureau issued a warning letter to Nanjing Red Sun Co.Ltd(000525) government. After investigation, the accounting of the company’s inventory falling price reserves from 2016 to 2018 was inaccurate, and there was a false increase in some sales in 2014 and 2018. The above matters affected the accounting of operating income, asset impairment loss, accounts receivable and other subjects, resulting in misstatement of operating income, net profit or net asset amount in the company’s annual report from 2014 to 2020.
Among them, the amount of misstatement of operating income, net profit and net assets in 2014 was 7.0991 million yuan, 6.6178 million yuan and 6.6178 million yuan respectively (positive number means virtual increase and negative number means virtual decrease, the same below); The amount of misstatement of net assets in 2015 was 6.6178 million yuan; In 2016, the amount of misstatement of net profit and net assets was 3.912 million yuan and 105298 million yuan respectively; In 2017, the amount of misstatement of net profit and net assets was -126000 yuan and 104038 million yuan respectively; In 2018, the amount of misstatement of operating income, net profit and net assets was 7.8777 million yuan, -3.3498 million yuan and 7.054 million yuan respectively; In 2019, the amount of net profit and net assets misstatement was -7.6014 million yuan and -547400 yuan respectively; In 2020, the amount of misstatement of operating income, net profit and net assets was -1380200 yuan, 113700 yuan and -433700 yuan respectively.
Nanjing Red Sun Co.Ltd(000525) 20142020 annual report: the above information disclosed is inaccurate, and the relevant acts constitute violations.
Zhejiang Jolly Pharmaceutical Co.Ltd(300181) ( Zhejiang Jolly Pharmaceutical Co.Ltd(300181) . SZ): warning letter received by supervisor’s relatives for “short-term transaction”
On March 8, Zhejiang securities regulatory bureau released the decision on Issuing warning letter to Tanxin on its official website. According to the investigation, while Tan Xin was the supervisor of Zhejiang Jolly Pharmaceutical Co.Ltd(300181) (hereinafter referred to as the company), his father Tan Weirong securities account bought 32600 shares of the company’s shares on November 3, 2021, with a transaction amount of 249716 yuan, and sold 56400 shares of the company’s shares on December 24, 2021, with a transaction amount of 574152 yuan.
The act of buying and selling the company’s shares within the above six months constitutes a short-term transaction, which violates the provisions of Article 44 of the securities law of the people’s Republic of China. Zhejiang securities regulatory bureau decided to take the supervision and management measures of issuing a warning letter to tan Xin and record it in the integrity file of the securities and futures market.
In this regard, Zhejiang Jolly Pharmaceutical Co.Ltd(300181) said in the announcement that the company has fulfilled the obligation of information disclosure on the above short-term transactions, and the board of directors of the company has fully recovered the income of Tan Xin’s father Tan Weirong.
Zhejiang Busen Garments Co.Ltd(002569) ( Zhejiang Busen Garments Co.Ltd(002569) . SZ): the shares were frozen and not disclosed in time. The company served as the chairman and Secretary of the board of directors in time and received the warning letter from Zhejiang Securities Regulatory Bureau
On March 8, Zhejiang Securities Regulatory Bureau issued a warning letter to Zhejiang Busen Garments Co.Ltd(002569) , then chairman Wang Chunjiang and Secretary Zhang you. After investigation, Beijing Dongfang Hengzheng science and Trade Co., Ltd., as the controlling shareholder of BUSEN shares, holds 22.4 million shares of the company, accounting for 15.55% of the total share capital of the company. The above shares were frozen by the people’s Court of Deqing County, Zhejiang Province on January 22, 2021 and by the intermediate people’s Court of Jinhua City, Zhejiang Province on December 14, 2021. BUSEN did not fulfill the obligation of disclosure in time after the occurrence of the above events, and did not disclose until December 29, 2021.
Shanghai Ruiji asset management partnership (limited partnership), as a shareholder holding more than 5% of BUSEN shares, holds 1672000 shares of the company, accounting for 11.60% of the total share capital of the company. The above shares were frozen by Yongkang people’s Court on May 27, 2019, by Hangzhou Shangcheng District People’s court and Shaoxing intermediate people’s Court on May 17, 2021, and by Hangzhou Shangcheng District People’s Court on June 30, 2021. BUSEN did not fulfill the obligation of disclosure in time when the above events occurred, and did not disclose until January 1, 2022.
Wang Chunjiang, the then chairman of the company and Zhang you, the Secretary of the board of directors, were mainly responsible for the untimely disclosure of information. Zhejiang securities regulatory bureau decided to take the supervision and management measures of issuing warning letters to the company, Wang Chunjiang and Zhang you respectively, and record them in the integrity Archives of the securities and futures market.
Zhejiang Century Huatong Group Co.Ltd(002602) ( Zhejiang Century Huatong Group Co.Ltd(002602) . SZ): short term transactions of independent directors, received the warning letter from Zhejiang Securities Regulatory Bureau
On March 8, the website of Zhejiang securities regulatory bureau released the decision on Issuing warning letter to Yang Bo.
According to the investigation, Yang Bo, as an independent director of Zhejiang Century Huatong Group Co.Ltd(002602) and Yang Bo’s mother Shen Yi and son Fang Yizheng’s securities account, bought 91000 shares in total from November 17, 2021 to January 13, 2022, with an amount of 710794 yuan; On January 21, 2022, 83100 shares were sold with an amount of 670617 yuan.
The act of buying and selling the company’s shares within the above six months constitutes a short-term transaction, which violates the provisions of Article 44 of the securities law of the people’s Republic of China. Zhejiang securities regulatory bureau decided to take the supervision and management measures of issuing a warning letter to Yang Bo and record it in the integrity file of the securities and futures market.
Chengda Pharmaceutical (301201. SZ): the letter phi is incomplete, and the chairman and general manager receive a warning letter
On March 13, the “decision on Issuing warning letters to Chengda Pharmaceutical Co., Ltd. and relevant personnel” published on the website of Zhejiang regulatory bureau of China Securities Regulatory Commission showed that recently, Chengda Pharmaceutical Co., Ltd. failed to reply to investors about Pfizer related business on the investor relations interactive platform of Shenzhen Stock Exchange Comprehensively introduce and reflect the actual situation of pf-07304814 intermediate.
The above-mentioned acts violate the provisions of Articles 3 and 4 of the measures for the administration of information disclosure of listed companies. Ge Jianli, chairman of the board of directors, Lu Gang, general manager and Yang Xiaojing, Secretary of the board of directors, bear the main responsibility for the above acts. According to the provisions of articles 51 and 52 of the measures for the administration of information disclosure of listed companies, Zhejiang securities regulatory bureau decided to take the supervision and management measures of issuing warning letters to the company, Ge Jianli, Lu Gang and Yang Xiaojing respectively, and record them in the integrity archives of the securities and Futures market.
Jinzi Ham Co.Ltd(002515) ( Jinzi Ham Co.Ltd(002515) . SZ): four violations were inspected on site, and the actual controller received a warning letter
On March 10, the decision on administrative supervision measures of Zhejiang securities regulatory bureau published on the website of China Securities Regulatory Commission showed that during daily supervision and on-site inspection, Zhejiang Securities Regulatory Bureau found that Jinzi Ham Co.Ltd(002515) had the following problems:
1. Failure to disclose major losses in futures trading in a timely manner; 2、 The company received large amount of employee compensation and did not disclose it in time; 3、 Accounting treatment is not standardized, resulting in inaccurate disclosure of the third quarterly report; 4、 The excess margin failed to fulfill the review and disclosure procedures.
In addition, Jinzi Ham Co.Ltd(002515) ‘s futures business risk control system has some defects, such as lack of effective supervision of accounts, inadequate operation authorization management and so on.
Guangzhou Tongda Auto Electric Co.Ltd(603390) ( Guangzhou Tongda Auto Electric Co.Ltd(603390) . SH): the basis for recognizing revenue and profit in 2020 is insufficient, and the operating cost is over 4.95 million yuan. The company and relevant personnel received a warning letter
On March 8, the official website of Guangdong securities regulatory bureau released the decision on Issuing warning letters to Guangzhou Tongda Auto Electric Co.Ltd(603390) , Chen Lina, Xing yingbiao and Wang Peisen.
Upon investigation, Guangzhou Tongda Auto Electric Co.Ltd(603390) has the following violations:
I. insufficient basis for recognizing income and profit. Tianjin yingjieli Automobile Technology Co., Ltd. (hereinafter referred to as yingjieli automobile) is a holding subsidiary of Guangzhou Tongda Auto Electric Co.Ltd(603390) . In 2020, yingjieli automobile signed the technical consulting contract with Xinkai Airlines (Tianjin) Technology Co., Ltd., and confirmed the operating revenue of 7.0226 million yuan and the operating profit of 6.3959 million yuan in 2020. The above businesses lack commercial substance and commercial rationality and do not meet the conditions for revenue recognition, resulting in insufficient basis for the recognition of operating revenue of RMB 7.0226 million and net profit of RMB 2.7472 million attributable to shareholders of the parent company in the consolidated financial statements of Guangzhou Tongda Auto Electric Co.Ltd(603390) 2020.
II. Accrued income. Yingjieli automobile began to provide vehicle testing services to Shanghai fumeidi Engineering Technology Co., Ltd. (hereinafter referred to as fumeidi) in 2018. In 2020, yingjieli automobile and formeidi recognized the operating revenue of 5.9565 million yuan and the operating cost of 4.95 million yuan in accordance with the total amount method. The business should be accounted according to the net amount method, resulting in an over recognition of operating revenue and operating cost of RMB 4.95 million in the consolidated financial statements of Guangzhou Tongda Auto Electric Co.Ltd(603390) 2020.
Guangzhou Tongda Auto Electric Co.Ltd(603390) chairman Chen Lina, general manager Xing yingbiao and Secretary of the board of directors and chief financial officer Wang Peisen failed to perform their duties of diligence in accordance with Article 3 of the measures for the administration of information disclosure of listed companies, and were mainly responsible for the above violations of the company.
Mingchen Health Co.Ltd(002919) ( Mingchen Health Co.Ltd(002919) . SZ): there are three insider transactions in the M & A case, and the parties involved have been fined and confiscated a total of 727249 million yuan
On March 11, Hainan Securities Regulatory Bureau disclosed the decision on administrative punishment (2022) No. 3, which fined and confiscated a total of 727249 million yuan for Chen Huasheng’s illegal act of insider trading Mingchen Health Co.Ltd(002919) . In the process of insider trading, Chen Huasheng used 10 million yuan for capital allocation and purchase.
Chen Huasheng actually controlled and used “Xie mouhong” Huaxin securities account and “Liu mourong” Ping An Securities account to trade ” Mingchen Health Co.Ltd(002919) ” shares during the sensitive period of insider information. Xie mouhong and Liu mourong are the spouses and sons of Liu moufeng respectively. Liu moufeng lent the “Xie mouhong” Huaxin securities account, “Liu mourong” Ping An Securities account and allocation funds to Chen Huasheng, and signed the loan contract with Chen Huasheng. Chen Huasheng has the account number and password of “Xie mouhong” Huaxin securities account and “Liu mourong” Ping An Securities account. During the sensitive period of insider information, the behavior of trading ” Mingchen Health Co.Ltd(002919) ” shares in the above securities account shall be decided by Chen Huasheng.
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 1 of Article 191 of the securities law, Hainan securities regulatory bureau decided to confiscate Chen Huasheng’s illegal income of 1818123371 yuan and impose a fine of 5454370113 yuan.
Sunrise Group Company Limited(002752) ( Sunrise Group Company Limited(002752) . SZ): suspected of market manipulation, the chairman was filed by the CSRC
On March 11, Sunrise Group Company Limited(002752) announced that the company recently received a notice from Lin Yongxian, one of the actual controllers and chairman of the board of directors. On March 10, the company received the notice of filing a case from the CSRC. The CSRC decided to file a case against him because he was suspected of securities market manipulation.
Sunrise Group Company Limited(002752) said that this case filing was a special investigation on Mr. Lin Yongxian’s involvement in the above matters, which had nothing to do with the company and would not have a significant impact on the company’s daily business activities.
Guocheng Mining Co.Ltd(000688) ( Guocheng Mining Co.Ltd(000688) . SZ): 2 illegal retail transactions, fined 30.6 million yuan
On March 10, Beijing Securities Regulatory Bureau disclosed the decision on administrative punishment against fan Hui.
According to the decision, since February 7, 2018, fan Hui has used the account group composed of 44 accounts actually controlled to trade ” Guocheng Mining Co.Ltd(000688) “. After the shareholding ratio exceeds 5%, it fails to fulfill the obligation of information disclosure in accordance with the law. By April 18, 2019, after deducting the transaction amount between accounts in the account group, the cumulative transaction amount in the restricted transfer period of the account group is up to 1.12 billion yuan. Beijing Securities Regulatory Bureau fined fan Hui 30.6 million yuan.
securities company
Anxin Securities: the investment adviser uses five elements to analyze stocks, and Shantou branch receives a warning letter
On March 11, the website of the CSRC announced the “decision of Shenzhen Securities Regulatory Bureau on Issuing warning letter to Shantou branch of Anxin Securities Co., Ltd.” and the “decision of Shenzhen Securities Regulatory Bureau on taking regulatory conversation measures against Chen NANPENG”.
According to the decision, after investigation, in the event that Chen NANPENG, the investment consultant of Shantou branch of Anxin Securities Co., Ltd., released and forwarded the “invincible benevolence – 2022 China stock market forecast” through the company’s wechat group, the company did not strictly monitor and manage the wechat group news in accordance with the internal system requirements, and did not effectively control the relevant professional behaviors of investment consultants.
Shenzhen Securities Regulatory Bureau said that the above-mentioned acts violated the relevant provisions of paragraph 1 of Article 4 and paragraph 1 of Article 7 of the guidelines on internal control of securities companies (zjjjz [2003] No. 260) and paragraph 4 of Article 6 of the measures for the compliance management of securities companies and securities investment fund management companies (CSRC Order No. 166), In accordance with the provisions of paragraph 1 of Article 32 of the measures for the compliance management of securities companies and securities investment fund management companies (CSRC Order No. 166), it is decided to take administrative supervision measures to issue warning letters to the company.
In addition, Chen NANPENG himself was taken into custody. According to the decision, the “invincible benevolence – 2022 China stock market forecast” produced by Chen NANPENG and released on the company’s wechat group was forwarded and disseminated to the public. The relevant forecasts were not cautious about the comments on the industry and market. The stocks were classified and analyzed according to the five element attributes, and the investment suggestions had no reasonable basis.
fund company
Hunan Hongde Investment: four violations, ordered to correct
On March 11, Hunan securities regulatory bureau announced that during the special inspection of private equity funds in 2021, Hunan Securities Regulatory Bureau found the following problems in Hunan Hongde Investment Management Co., Ltd.:
I. failure to perform management duties and obligations prudently and diligently, and imperfect risk control system.
II. The investor suitability system is not perfect and the implementation is not in place.
III. The performance benchmark income ratio is agreed in the fund prospectus, and fixed income is paid to investors regularly.
IV. if the fund product invests in the affiliated enterprise of the actual controller of your company, it fails to perform the review procedures and disclose it to the investors in accordance with the provisions of the fund contract.
The above-mentioned acts violate the relevant provisions of articles 4, 15 and 16 of the Interim Measures for the supervision and administration of private investment funds (hereinafter referred to as the Interim Measures) and Articles 9 and 11 of the provisions on strengthening the supervision of private investment funds (hereinafter referred to as the provisions). In accordance with Article 33 of the Interim Measures and Article 13 of the several provisions, Hunan securities regulatory bureau decided to take administrative regulatory measures to order the company to correct and record them in the integrity information database of China’s capital market.
Hunan Zhengyin Investment: three problems such as incomplete internal control system, ordered to correct administrative supervision measures
On March 11, Hunan securities regulatory bureau announced that during the special inspection of private equity funds in 2021, Hunan Securities Regulatory Bureau found that Hunan Zhengyin Investment Management Co., Ltd. had the following problems:
I. the internal control system is incomplete and the implementation is not in place.
II. Incomplete preservation of archives and some materials.
III. The information registered with China Securities Investment Fund Association is inaccurate, incomplete and not updated in time.
The above acts violate articles 25 and 26 of the Interim Measures for the supervision and administration of private investment funds (hereinafter referred to as the Interim Measures) and Article 12 of the provisions on strengthening the supervision of private investment funds (hereinafter referred to as the provisions). In accordance with Article 33 of the Interim Measures and Article 13 of the several provisions, Hunan securities regulatory bureau decided to take administrative regulatory measures to order the company to correct and record them in the integrity information database of China’s capital market.
Hunan Xidao assets: the investor suitability system and internal control system are imperfect and ordered to correct
On March 11, Hunan securities regulatory bureau announced that during the special inspection of private equity funds in 2021, Hunan Securities Regulatory Bureau found that Hunan Xidao Asset Management Co., Ltd. had the following problems:
I. The investor suitability system and internal control system are not perfect and the implementation is not in place.
II. The information registered with the China Securities Investment Fund Association is inaccurate, incomplete and not updated in time.
The above acts violate the relevant provisions of Articles 16 and 25 of the Interim Measures for the supervision and administration of private investment funds (hereinafter referred to as the Interim Measures) and Article 12 of the provisions on strengthening the supervision of private investment funds (hereinafter referred to as the provisions). In accordance with Article 33 of the Interim Measures and Article 13 of the several provisions, Hunan securities regulatory bureau decided to take administrative regulatory measures to order the company to correct and record them in the integrity information database of China’s capital market.
Hunan Xingxiang Chuang Fu: problems such as imperfect internal control system, ordered to correct
On March 11, Hunan securities regulatory bureau announced that during the special inspection of private equity funds in 2021, Hunan Securities Regulatory Bureau found that Hunan Xingxiang Chuangfu Investment Co., Ltd. had the following problems:
I. the internal control system is not perfect and the implementation is not in place.
II. The information registered with the China Securities Investment Fund Association is inaccurate, incomplete and not updated in time.
The above acts violate the relevant provisions of Article 25 of the Interim Measures for the supervision and administration of private investment funds (hereinafter referred to as the Interim Measures) and Article 12 of the provisions on strengthening the supervision of private investment funds (hereinafter referred to as the provisions). In accordance with Article 33 of the Interim Measures and Article 13 of the several provisions, Hunan securities regulatory bureau decided to take administrative regulatory measures to order the company to correct and record them in the integrity information database of China’s capital market.
Hunan Senqi assets: three problems including incomplete company files, ordered to correct
On March 11, Hunan securities regulatory bureau announced that during the special inspection of private equity funds in 2021, Hunan Securities Regulatory Bureau found that Hunan Senqi Asset Management Co., Ltd. had the following problems:
I. The company’s archives are incomplete and some data are incomplete.
II. The investor suitability system is not perfect and the implementation is not in place.
III. The information registered with China Securities Investment Fund Association is inaccurate, incomplete and not updated in time.
The above acts violate the relevant provisions of Articles 16, 25 and 26 of the Interim Measures for the supervision and administration of private investment funds (hereinafter referred to as the Interim Measures) and Article 12 of the provisions on strengthening the supervision of private investment funds (hereinafter referred to as the provisions). In accordance with Article 33 of the Interim Measures and Article 13 of the several provisions, Hunan securities regulatory bureau decided to take administrative regulatory measures to order the company to correct and record them in the integrity information database of China’s capital market.
Lingrui assets: failed to follow the principle of good faith, received the warning letter from Beijing Securities Regulatory Bureau
On March 8, the Beijing securities regulatory bureau announced that after investigation, the Beijing Securities Regulatory Bureau found that Lingrui Asset Management Co., Ltd. had the following behaviors: it was engaged in private fund business and did not follow the principle of good faith.
The above-mentioned acts of the company violate the provisions of Article 3 of the Interim Measures for the supervision and administration of private investment funds (CSRC order [No. 105], hereinafter referred to as the Interim Measures). In accordance with Article 33 of the interim measures, Beijing Securities Regulatory Bureau decided to take administrative supervision measures for the company.
Shaanxi Jufeng Investment: the salesperson sent a screenshot of false customer transactions to the customer and was ordered to correct
On March 10, the Beijing securities regulatory bureau announced that after investigation, the Beijing Branch of Shaanxi Jufeng Investment Information Co., Ltd. had the following violations in carrying out securities investment consulting business: first, personnel without securities investment consulting qualification provided securities investment consulting services to customers; Second, when providing securities investment consulting services to customers, the company did not inform customers of the name of securities investment consultants and their professional qualification code of securities investment consulting; Third, the salesperson sends false customer transaction screenshots to customers, which makes false, untrue and misleading marketing publicity on past performance.
The above-mentioned acts violate the provisions of Article 7, item 2 of Article 12 and Article 24 of the Interim Provisions on securities investment consulting business (hereinafter referred to as the Interim Provisions). In accordance with Article 33 of the Interim Provisions, the Beijing Securities Regulatory Bureau decided to take regulatory measures to order the branches to make corrections,
hengtianzhongyan: failure to follow the principle of good faith and ordered to correct
On March 10, the Beijing securities regulatory bureau announced that after investigation, the Beijing Securities Regulatory Bureau found that Hengtian Zhongyan Investment Management Co., Ltd. had the following behaviors: it was engaged in private fund business and did not follow the principle of good faith.
The above-mentioned acts of the company violate the provisions of Article 3 of the Interim Measures for the supervision and administration of private investment funds (CSRC order [No. 105], hereinafter referred to as the Interim Measures). In accordance with Article 33 of the interim measures, the Beijing Securities Regulatory Bureau decided to take administrative regulatory measures to order the company to correct.
