The Foshan Lighting (000541) false statement claim that previously collected rights has begun to implement the indemnity. After maintaining the original judgment in the second instance, Foshan Lighting issued an announcement this week requesting the plaintiff to provide a copy of the ID card and a copy of the Industrial and Commercial Bank of China (5.06 +1.81%, consulting) card to the company for compensation. However, some lawyers believe that the company's application for compensation conditions has potential safety hazards for investors.
Investors began to receive the first installment <br> <br> compensation claim with the Foshan Lighting investors finally able to receive the compensation. On June 17, Foshan Lighting announced that the eligible plaintiff would copy a copy of his ID card and a copy of the ICBC card before June 20 (in order to ensure the correspondence between the ID card number and the bank card, the bank card must be The ICBC bank card) will send the payment to the company or scan the mail to the company's mailbox, and the company will arrange payment.
Foshan Lighting is the first listed company to launch an investor claim for rights protection campaign this year. On November 17, 2014, investors won the first instance of Foshan Lighting’s claim, but less than one percent of investors applied for claims. According to relevant laws and regulations, the statute of limitations will expire on March 6, 2015, and investors who have no claims will lose their claim rights. Faced with this situation, the newspaper launched an action to collect investor rights protection between February 10 and February 26, 2015 (with a Chinese New Year holiday, less than 10 working days). In a short period of time, 74 investors were recruited to participate in activism. At present, the investors who have already arranged for compensation are the first investors to sue Foshan Lighting. The claim investor solicited by the newspaper will hold a hearing on June 24 this year.
In the previous reports of the Public Securities News and Caixin.com, many lawyers said that the trial to be started should be the same as the previous judgment because of the false statement implementation date, disclosure date, loss calculation method and deduction factors. At present, the "Popular Rights Protection" section of the newspaper is being targeted at Nanfang (15.68 +2.82%, consulting), Huaxin (17.92 -0.5%, consulting), Hanwang Technology (39.68 -0.25%, consulting), Kangda New Twenty-two companies, including materials (22.21 suspension, consultation), launched a claim for rights protection. The four companies, Nanfang, Huaxin, Hanwang and Kangda New Materials, had previously received compensation from investors.
Lawyers believe that reparations unsafe <br> <br> However, the company allows investors to express a copy of identity card requirements Foshan Lighting, a lawyer raised an objection.
"There has never been a case in which the plaintiff had to copy the ID card to the defendant. There was a conflict of interest between the plaintiff and the defendant. A copy of the ID card was given to the defendant, and the defendant did not agree and keep the legal obligation confidential." Shanghai Oriental Cambridge Lawyer Lawyer Wu Lijun believes that this will bring inconvenience and greater security risks. “Shareholders provide identity card information to lawyers, lawyers are submitted to the courts, courts have confidentiality obligations, lawyers also have statutory confidentiality obligations, listed companies have no restrictions in this regard, and there is no basis for trust for both parties to the original conflict of interest. At all, he believes that it should be handed over to investors through lawyers in accordance with previous practice.
"We are to ensure our safety, but also to ensure the safety of investors' funds. Without your name and ID card, how do I know that the account number is yours? We communicated with the bank. Check the ID card information before making a payment. You can't give it, then you don't need money." Foshan Lighting's staff responsible for investor compensation told reporters. The staff said that if the investor entrusts a lawyer to handle it, he will do the entrustment. "There is no public certificate issued by the relevant authorities, we will not give compensation. There is no other way to receive money, we only have one." The staff said.
For the company to ask a lawyer to take over a notarized power of attorney, the lawyer believes that this is unreasonable. Wu Lijun said: "When the court was in session, the lawyer only took the power of attorney, agency opinions and other information. The court did not have a notarial certificate. How can a listed company ask for a notarial certificate?"
"If the company is from the perspective of shareholders, from the perspective of the integrity principle of listed companies, it can proactively announce that eligible investors can apply for registration. The company will verify the authenticity of the sale and directly compensate, so that the whole society will give him a good reputation. It is necessary for everyone to go to the lawsuit, and those who do not litigate have no money to take, which creates a disguise in disguise. This also reflects the problem of information asymmetry. Those who know that there is a lawsuit can pay for the lawsuit. Those who don’t know, and those who don’t have a lawsuit, won’t have to pay. Since the listed company’s announcement of compensation claims, a large number of investors have asked us if they can claim, but now they have passed the statute of limitations.†Wu Lijun said.
Investors began to receive the first installment <br> <br> compensation claim with the Foshan Lighting investors finally able to receive the compensation. On June 17, Foshan Lighting announced that the eligible plaintiff would copy a copy of his ID card and a copy of the ICBC card before June 20 (in order to ensure the correspondence between the ID card number and the bank card, the bank card must be The ICBC bank card) will send the payment to the company or scan the mail to the company's mailbox, and the company will arrange payment.
Foshan Lighting is the first listed company to launch an investor claim for rights protection campaign this year. On November 17, 2014, investors won the first instance of Foshan Lighting’s claim, but less than one percent of investors applied for claims. According to relevant laws and regulations, the statute of limitations will expire on March 6, 2015, and investors who have no claims will lose their claim rights. Faced with this situation, the newspaper launched an action to collect investor rights protection between February 10 and February 26, 2015 (with a Chinese New Year holiday, less than 10 working days). In a short period of time, 74 investors were recruited to participate in activism. At present, the investors who have already arranged for compensation are the first investors to sue Foshan Lighting. The claim investor solicited by the newspaper will hold a hearing on June 24 this year.
In the previous reports of the Public Securities News and Caixin.com, many lawyers said that the trial to be started should be the same as the previous judgment because of the false statement implementation date, disclosure date, loss calculation method and deduction factors. At present, the "Popular Rights Protection" section of the newspaper is being targeted at Nanfang (15.68 +2.82%, consulting), Huaxin (17.92 -0.5%, consulting), Hanwang Technology (39.68 -0.25%, consulting), Kangda New Twenty-two companies, including materials (22.21 suspension, consultation), launched a claim for rights protection. The four companies, Nanfang, Huaxin, Hanwang and Kangda New Materials, had previously received compensation from investors.
Lawyers believe that reparations unsafe <br> <br> However, the company allows investors to express a copy of identity card requirements Foshan Lighting, a lawyer raised an objection.
"There has never been a case in which the plaintiff had to copy the ID card to the defendant. There was a conflict of interest between the plaintiff and the defendant. A copy of the ID card was given to the defendant, and the defendant did not agree and keep the legal obligation confidential." Shanghai Oriental Cambridge Lawyer Lawyer Wu Lijun believes that this will bring inconvenience and greater security risks. “Shareholders provide identity card information to lawyers, lawyers are submitted to the courts, courts have confidentiality obligations, lawyers also have statutory confidentiality obligations, listed companies have no restrictions in this regard, and there is no basis for trust for both parties to the original conflict of interest. At all, he believes that it should be handed over to investors through lawyers in accordance with previous practice.
"We are to ensure our safety, but also to ensure the safety of investors' funds. Without your name and ID card, how do I know that the account number is yours? We communicated with the bank. Check the ID card information before making a payment. You can't give it, then you don't need money." Foshan Lighting's staff responsible for investor compensation told reporters. The staff said that if the investor entrusts a lawyer to handle it, he will do the entrustment. "There is no public certificate issued by the relevant authorities, we will not give compensation. There is no other way to receive money, we only have one." The staff said.
For the company to ask a lawyer to take over a notarized power of attorney, the lawyer believes that this is unreasonable. Wu Lijun said: "When the court was in session, the lawyer only took the power of attorney, agency opinions and other information. The court did not have a notarial certificate. How can a listed company ask for a notarial certificate?"
"If the company is from the perspective of shareholders, from the perspective of the integrity principle of listed companies, it can proactively announce that eligible investors can apply for registration. The company will verify the authenticity of the sale and directly compensate, so that the whole society will give him a good reputation. It is necessary for everyone to go to the lawsuit, and those who do not litigate have no money to take, which creates a disguise in disguise. This also reflects the problem of information asymmetry. Those who know that there is a lawsuit can pay for the lawsuit. Those who don’t know, and those who don’t have a lawsuit, won’t have to pay. Since the listed company’s announcement of compensation claims, a large number of investors have asked us if they can claim, but now they have passed the statute of limitations.†Wu Lijun said.
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