ST Tai'an Tang's latest claim conditions:
On April 8, 2024, Guangdong Taiantang Pharmaceutical Co., Ltd. issued the "Announcement on Receiving the Court's Decision and Ruling", which shows:
On August 9, 2023, Guangdong Tai'antang Pharmaceutical Co., Ltd. (hereinafter referred to as "Tai'antang Pharmaceutical" or the "Company") received the Notice from the Intermediate People's Court of Shantou Municipality, Guangdong Province (hereinafter referred to as the "Shantou Intermediate Court" or the "Court") and the Reorganization and Pre-Reorganization Application of the applicant Guangzhou Zhongbang Supply Chain Management Co., Ltd. (hereinafter referred to as "Guangzhou Zhongbang") on the Company Guangzhou Zhongbang applied to the Shantou Intermediate People's Court for reorganization of the company and applied for pre-reorganization of the company on the grounds that the company could not pay off its due debts and obviously lacked solvency, but it had reorganization value. For details, please refer to the "Indicative Announcement on the Application for Reorganization and Pre-reorganization by Creditors" (No. 2023-071) disclosed by the Company on August 10, 2023 in the information disclosure media.
On August 18, 2023, the company held the fourth meeting of the sixth board of directors and the third meeting of the sixth board of supervisors to deliberate and pass the "Proposal on Proposed Application to the Court for Reorganization and Pre-reorganization". The company held the fourth extraordinary shareholders' meeting in 2023 on September 4, 2023, and submitted a formal application for reorganization and pre-reorganization to the court in accordance with the law after reviewing and passing the above matters. For details, please refer to the "Announcement on the Resolution of the Fourth Extraordinary General Meeting of Shareholders in 2023" (No. 2023-083) disclosed by the Company on September 5, 2023 on the information disclosure media.
On September 26, 2023, the Company received the Decision of the Shantou Intermediate People's Court [(2023) Yue 05 Po Shen No. 13], and in view of the fact that the matters applied by the two applicants are the same, the Shantou Intermediate People's Court decided to review them together. In order to accurately and effectively identify the reorganization value and feasibility of the debtor Tai'antang Company, and improve the success rate of the reorganization, the Shantou Intermediate People's Court decided to initiate a pre-reorganization of Tai'antang Company in line with the principle of saving the enterprise and safeguarding the legitimate rights and interests of creditors.
On April 2, 2024, the Shantou Intermediate People's Court issued the Decision [(2023) Yue 05 Po Shen No. 13-1] and the Civil Ruling [(2023) Yue 05 Po Shen No. 13], the main contents of which are as follows: "The Shantou Intermediate People's Court decides as follows: to terminate the pre-reorganization procedure of Guangdong Tai'antang Pharmaceutical Co., Ltd. The main content of the Civil Ruling: "The Shantou Intermediate People's Court shall not accept the reorganization application filed by the applicants, Guangzhou Zhongbang Supply Chain Management Co., Ltd. and Guangdong Taiantang Pharmaceutical Co., Ltd., against Guangdong Taiantang Pharmaceutical Co., Ltd. ”
Prior to this, Tai'antang and the relevant parties received the Administrative Penalty Decision ([2023] No. 31) issued by the Guangdong Supervision Bureau of the China Securities Regulatory Commission on December 26, 2023. After investigation, Tai'an Hall has the following illegal facts:
(1) There are false records in Tai'an Tang's annual reports from 2018 to 2021
(2) Tai'an Tang failed to disclose related party transactions as required, and there were major omissions in the annual reports from 2018 to 2021 and the semi-annual reports of 2022. Tai'an Tang failed to disclose the above matters in a timely manner as required, nor did it disclose them in the 2018 annual report, 2019 annual report, 2020 annual report, 2021 annual report, and 2022 semi-annual report. If a material omission is constituted of the above-mentioned illegal facts, it is sufficient to make a determination if it is proved by evidence such as the announcement of the listed company, the accounting vouchers and original vouchers of the relevant bank accounts, the explanation of the situation, and the records of the interrogation.
The SFC decides:
1. Guangdong Taiantang Pharmaceutical Co., Ltd. was ordered to make corrections, given a warning, and fined 4.2 million
Penalty;
2. Ke Shaobin was given a warning and fined 5 million yuan, of which he was the person in charge who was directly responsible
a fine of 2 million yuan and a fine of 3 million yuan as the actual controller;
3. Give Yu Xiang a warning and impose a fine of 1.5 million yuan;
4. Jiao Baoyuan and Ke Shaofang were given warnings and fined 1 million yuan respectively;
5. Song Xiuqing and Xie Chengsong were given warnings and fined 500,000 yuan each.
According to the Securities Law and the Several Provisions of the Supreme People's Court on the Trial of Civil Compensation Cases Arising from False Statements in the Securities Market, listed companies shall be liable for civil compensation if their rights and interests are damaged due to illegal information disclosure and misrepresentation, and the injured investors have the right to claim compensation for losses.
The reference conditions for ST Tai'an Tang's claim are as follows:
Those who bought 002433 Tai On Tong between April 10, 2019 and April 28, 2023, and sold or held it after May 5, 2023 (inclusive).
The above claim registration conditions only represent the views of Xie Baoping's financial and securities team, and are not used as any securities investment decisions and trading recommendations, and are subject to the final determination of the court.
Basis for ST Tai'an Tang's violation:
On September 15, 2023, Tai'an Tang received the "Notice of Case Filing" issued by the China Securities Regulatory Commission (No. 0062023023) issued by the China Securities Regulatory Commission for suspected violations of information disclosure laws and regulations.
On December 1, 2023, Tai'an Tang received the "Prior Notice of Administrative Punishment" (Guangdong Zheng Jian Zhi Zi [2023] No. 40).
On December 26, 2023, Tai'an Tang received the Administrative Penalty Decision ([2023] No. 31) issued by the Guangdong Supervision Bureau of the China Securities Regulatory Commission.