3linevideopoker| Dr. Peng (600804) was pre-punished, and shareholders 'claims were expected

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On March 29th, 2024, Dr. Peng Telecom Media Group Co., Ltd. (referred to as: Dr. Peng, Dr. ST Peng, code: 600804) issued a notice on the receipt of administrative penalties and advance notice of market prohibition.

The facts found out by the China Securities Regulatory Commission that Dr. Peng is suspected of breaking the law are as follows: first, Dr. Peng failed to disclose related party transactions in accordance with the regulations. Second, Dr. Peng failed to disclose the major contract in accordance with the regulations. Third, there are false records in Dr. Peng's 2012-2022 annual report. The CSRC intends to decide to order Dr. Peng, Yang Xueping, the actual controller of the company, and relevant responsible personnel to make corrections, give them a warning, and impose fines on each of them.

Before that, on July 18, 2023, Dr. Peng issued a notice on receipt of the notice of filing a case. On September 1, 2023, Dr. Peng issued the announcement that the actual controller had received the notice of filing a case by the China Securities Regulatory Commission.

According to the provisions of the Civil Code, the Securities Law and the judicial interpretation of civil compensation for misrepresentation issued by the Supreme people's Court, listed companies, controlling shareholders, actual controllers, board supervisors and their intermediaries who cause damage to the rights and interests of securities investors due to securities fraud such as misrepresentation shall bear civil liability for compensation, including the loss of investment difference, commission, stamp duty and interest. A securities investor whose rights and interests are impaired may file a civil compensation action in a court with jurisdiction.

Because Dr. Peng was suspected of violating the laws and regulations in information disclosure, he was pre-punished by the China Securities Regulatory Commission. In order to safeguard the legitimate rights and interests of securities investors, Song Yixin, a lawyer from Shanghai Hanlian Law firm, launched a litigation agent to solicit claims from securities investors who had bought Dr. Peng. Securities investors whose rights and interests were damaged may register their claims with the aforementioned lawyer. (song Yixin lawyer column)

Lawyer Song Yixin believes that the claim conditions of Dr. Peng's case are as follows: damaged investors who bought products publicly issued in the securities market such as Dr. Peng's stocks or bonds between April 12, 2013 and July 17, 2023, and sold or continued to hold them on or after July 18, 2023, can apply for claim registration. (Dr. STPeng's rights protection entrance)

★ (lawyer's hint and explanation of the case)

one3linevideopoker. The claim conditions mentioned above are for reference only and do not involve any securities investment decisions and securities trading suggestions of investors. The final conditions of the claim will be further adjusted according to the conclusion of the administrative penalty of the China Securities Regulatory Commission, and shall be subject to the legal time, the object of compensation, the scope of compensation, the standard of compensation and the method of accounting calculation determined by the judgment of the relevant court.

two。 After the cancellation of the precondition characterized by the decision of administrative penalty, investors can sue directly, but because the means of investigation are limited, there is a risk of losing the lawsuit on the basis of the notice of filing investigation or the decision of administrative supervision measures.3linevideopokerAs a professional lawyer, I remind investors that the decision on administrative penalty should still be one of the necessary prerequisites for filing a lawsuit.

3. In the proposed civil tort litigation, whether the listed company is delisted or not does not affect the process of civil claim tort litigation, but may affect the progress of litigation. Entering the bankruptcy proceedings (including reorganization, pre-reorganization or liquidation) may affect the progress of the proceedings. In the event of a representative action, you may choose to participate or not to participate, join or withdraw.

4. Investor claim registration or pre-registration shall provide the following materials: (1) A copy of the "ID card". (2) the original confirmation form of account opening Information of Securities account (affixed with the seal of the business department of the securities company). (3) the original "Securities Trading record" from the first purchase of the stock / bond / warrant, etc. (affixed with the seal of the business department of the securities company).

(this article is contributed by Song Yixin, a lawyer from Shanghai Hanlian Law firm, and does not represent the views of Sina Finance. Song Yixin, a lawyer, has been practicing as a lawyer since 1992 and is now a partner of Shanghai Hanlian Law firm. The service areas mainly include legal services in capital market, securities market, financial market and the protection of the rights and interests of investors / financial consumers. Up to now, he has provided legal services for more than 10000 securities litigation or shareholder disputes. He has edited books such as the principle and practice of Securities Law, the practical Handbook of Securities Civil compensation, the Protection of Stock Market Rights, the Compendium of Judicial documents on China's Securities Civil compensation cases, Directors' liability Insurance and the Protection of investors' Rights and interests. License No.: 13101199210628065)