Chapter II XI Legal Liability
Article 188 Anyone who publicly issues securities in public or in disguised form without the approval of the statutory authority shall be ordered to stop issuing, return the raised funds, add the interest on the bank deposits in the same period, and impose a fine of more than 1% and less than 5% of the illegally raised funds; Companies established by public offering of securities without authorization or in disguised form shall be banned by institutions or departments that perform supervision and management duties according to law in conjunction with local people's governments at or above the county level.
(Shanghai Jiaotong University Rights Protection Group) Situation, information and discussion
First of all, a fact
1 1 At the beginning of the month, members of the Baosai Rights Alliance (to be established) initiated by the Baosai Shanghai Rights Protection Group of Jiaotong University and composed of 32 representatives from three provinces and cities nationwide1gathered in An to understand the progress of the case, reflect the voice of rights protection and discuss the attitude and purpose of the solution, and visited relevant departments, Yanta Public Security Bureau and Baosai Company.
Entrusted by hundreds of rights-defending shareholders who have gone through the authorization procedures, the representatives of this bank are moving forward with a serious discussion and a serious and responsible attitude. In advance, in a half-day and evening preparatory meeting, everyone made careful arrangements for the content and procedure of questions and the order of questions from the main speaker.
165438+1On the afternoon of October 5th, as soon as we entered Baosai Building, we saw Wang An 'an, Wang Zhidong, Zhang Jing and two or three office workers in the current management. The office building and office are very quiet.
After the two sides took their seats in the conference room, they began to communicate. First of all, we agree and understand that the current management still insists on working, stabilizing the situation and exploring ways out in extraordinary times. During the communication, the participants were hesitant and insincere when answering many questions, and did not introduce the situation objectively and realistically, which made the delegates feel dissatisfied. But at this uncertain stage, it is important to understand the situation and solve the problem. Based on this, the two sides focused on the protection of shareholders' rights and interests, the game history report, the office space of the rights protection alliance, and the travel expenses of representatives to Xi' an. As some matters involve that Li Guoan, the current legal representative, has been imprisoned and his assets have been controlled by the Public Security Bureau, both parties will submit the historical financial statements of insurance competition tax to shareholders' representatives for agreement tomorrow, and the rest will be decided by the Public Security Bureau or handed over to Li Guoan tomorrow. The two sides parted in a relaxed atmosphere. Delegates felt that the problem of tournament protection was serious and acute, and there was no need to take an extreme attitude, especially since the culprit Li Guoan was in prison, and there was no need to treat the left-behind personnel. Therefore, during the meeting, a shareholder representative denounced Li Guoan and the company's previous bad fraud and plunder of investment shareholders, and knocked a small paper cup over the table, without physical conflict. Shareholders' representatives believe that the property in Baosai Building is their own and there is no emotional damage to the property. The next day, in Yanta Branch, a well-known fact happened, that is, the current management of Baosai refused to give the financial statements for the tax returns of Baosai Biotechnology Company in 2003-2007 and the first half of 2008, but gave the English version of GFRP statements on the grounds that we were only shareholders of GFRP and had nothing to do with Baosai. This shocked and angered our rights representative. As for announcing that we are shareholders after the game, this is a paradox with their previous refusal to show the report of the game. It can only show that the report on tournament guarantee is quite different from that published before. The extent and harm of the original report is appalling, so I dare not show it to others. What else does it mean?
The so-called tournament announcement is completely out of thin air, and it is not surprising to look at what the tournament has done in the past.
The key is not here. The key is that the representatives of our party have a better understanding of the current situation of baosai. Due to the prevarication and silence of the current managers attending the event, they can't get pertinent introduction and convincing data, and even don't have the degree of "seeing flowers in the fog". How can this reassure the shareholders' representatives attending the meeting?
As for the language that the so-called shareholder representatives put forward some unsatisfied personal requirements in the game announcement, it is not worth refuting, which only shows that the first game of the game is to alienate the relationship between shareholders; Second, I still put myself on the opposite side of not implementing the the State Council Notice and the opinions of the four central departments. Without sincerity, I don't want to solve practical problems and go further and further on the road of mistakes and crimes.
Two or three messages
1. Through the communication with Captain Mao of Yanta Branch of the Public Security Bureau, we are gratified that the Public Security Bureau verified and controlled the assets of Baosai and An in the previous stage, and also verified and controlled the assets worth 20 million to 30 million yuan after the Shanghai Rights Protection Group provided relevant information. At present, the total assets under control have exceeded 1 100 million yuan (it was named because Dong and others did not file a case).
2. Lu Xin, Ma Xiao and Han Xiao. All the securities departments of Baosai Company are at large and have disappeared, and all the shareholders' information has disappeared. Zhang Jing and Wang An 'an claimed that neither Zhang Jing nor Wang An 'an obtained or kept these materials from June last year when Zhang Jing joined Baosai Securities Department as the manager and Wang An 'an worked in this department until Li Guoan was imprisoned in August this year. This shows that there is a lot of shady inside, and both Guo and Lu have the behavior of destroying traces. The whereabouts of tens of millions of funds under Lu Xin's name are unknown now, and we must make every effort to recover these funds.
3. Zhang Suocheng, the so-called shareholder of Baosai, is still the general manager of CITIC Equity Custody Center. He is currently at large. It should be said that Li Guoan, Zhang Suocheng, Lu Xin and others conspired to concoct the "Baosaimen" incident. Now the police have arrested Zhang Suocheng nationwide for money laundering. Because Zhang Suocheng used his special position and the credibility given by * * to engage in fraud, the local authorities and relevant departments could not escape their responsibilities.
Three, three kinds of discussion
1, the way out for the League of Nations. Li Guoan is now in prison for issuing stocks without authorization. Is this the only crime he committed? ! Years of painful experience are beyond words. We think that most "shareholders" disagree, that is, he also committed the crime of fund-raising fraud. There are great differences in reconnaissance direction, investigation means and handling methods between them. The latter "hat" is more realistic. Our assets and Dong's assets will make civil compensation to the deceived person in the form of mourning and compensation. In the open letter, Guo said that he would use his own property as a guarantee for the listing operation, which was another "fudge". In fact, his assets will eventually be subject to civil compensation, which is far from enough. Thanks to the efforts of all the cheated shareholders, Li Guoan went in. The public power and laws of the country are fundamentally serious. You can't say you want to catch it, but you want it to go. In the previous article on the crime of fund-raising fraud, false propaganda should also be made; False agreement; A fictional performance; Virtual sales; Virtual shareholders; False capital injection; Virtual trading market; Eight aspects, such as shrinking shares and misappropriating public funds, were exposed, based entirely on facts and taking the law as the criterion. The laws of this country must be just. If something goes wrong in some places at some time, then we will go to the top leaders to reflect and go to Beijing to defend our rights. Li Guoan's criminal behavior, to say the least, is harmful and has a bad influence. No matter what charges he is convicted of, punishment is inevitable, and then his legal representative and shares will cease to exist.
2. The exposure of CITIC Equity Custody Center and Zhang Suocheng's problems should cause all our deceived investors to consider the way out of the game and the compensation for our victims from a new perspective. Legally speaking, the nature of the equity trust center is the same as that of law firms and accounting firms, that is, its speech, behavior and commitment are credible. If he makes a mistake, he should make unlimited civil compensation to the partner, not limited liability. Equity Custody Center is exclusively operated by * * and has the nature of entrusted management by * * public rights. There is only one equity custody center in Shanghai, and it is not a limited company. Enlightened Zong Yi is a credible service platform. There are three such centers in Shaanxi Province, besides CITIC, there are also Shaanxi Province and Sanqin. There are many political affairs, miscellaneous personnel and lawless elements involved. The strange thing is that it's not chaotic. Where has the management and supervision function of * * gone, and what is its credibility? Therefore, it is another important idea for * * to make corresponding policy adjustments and bear civil liability for compensation, or to deal with the aftermath of the game under the leadership of * *.
During the National People's Congress in March this year, Deputy Anton, president of the Higher People's Court of Shaanxi Province, who attended the two sessions in Beijing, pointed out, "At present, there are social problems caused by dishonesty in social morality and legal relations in China, which have caused serious harm to social atmosphere and market economic order. However, the administrative actions of some regions and departments are arbitrary, and some cadres resort to deceit, deceiving their superiors and deceiving their subordinates, which has seriously damaged the image of the party and * *. Deputy Anton suggested that "a credit supervision system should be established, and the relevant responsible personnel and institutions should bear corresponding legal responsibilities for the losses caused to the administrative counterpart due to dishonesty or the image of * * due to dishonesty". This is the insight of a man of insight.
3. The so-called "listing operation". The historical achievements of this World Championships and the myth of biological media are coming down from the altar. In addition, the United States recently suffered a once-in-a-century economic crisis, and listing is not easy. Guo has tried his best, promising again and again whether he will avoid "jail time" in prison. How credible are his words and deeds? In the past, the long-winded listing plan and the resolution of the board of directors were detailed enough. Do you want to go back to your old job now? Therefore, who will carry out the listing operation, whether it needs the participation and supervision of the majority of small and medium shareholders, and what is the feasibility? These all need to be carefully evaluated. Since the technology is advanced, the domestic market is huge, and there are not a few powerful and creative big companies in the domestic biomedical field, what if we look to the past? ! This place is of great use.
Shanghai Jiao Tong University Bao Sai Quan Wei Tuan
165438+2008122 October
Cage bear 88 editor