The latest claim news of Unnamed Pharmaceutical:
On April 22, 2024, Shandong Weiming Biopharmaceutical Co., Ltd. (received the "Prior Notice of Administrative Punishment and Market Prohibition" ([2024] No. 2) issued by the China Securities Regulatory Commission.
After investigation, the facts of the suspected violation of the law by Unnamed Pharmaceutical are as follows:
1. Failure to disclose related parties and non-operating related party transactions as required
The failure of unnamed pharmaceutical to disclose related party transactions in a timely manner as required, and the material omissions in the 2018 semi-annual report, 2018 annual report and 2019 semi-annual report are suspected of violating the provisions of Article 63 of the 2005 Securities Law and constituting the acts described in the first paragraph of Article 193 of the 2005 Securities Law.
According to the third paragraph of Article 68 of the Securities Law of 2005 and Article 58 of the Administrative Measures for Information Disclosure of Listed Companies (Decree No. 40 of the CSRC), directors, supervisors and senior managers shall ensure that the information disclosed is true, accurate, complete, timely and fair. Pan Aihua, the chairman of the board of directors at the time, made decisions and instructed Weiming Pharmaceutical to transfer funds to related parties without the deliberation of the board of directors and the general meeting of shareholders, contacted and arranged the transfer of funds to a third party, concealed the relevant transactions, failed to be diligent and conscientious, signed the relevant periodic reports and guaranteed the truthfulness, accuracy and completeness of the information disclosed, and was the person in charge directly responsible for the above-mentioned illegal acts.
Yang Xiaomin, the then director, Luo Shun, the then director, Zhao Furong, the then chairman of the board of supervisors, Ding Xueguo, the then general manager, Lai Wenbo, the then chief financial officer, and Fang Yan, the then chief financial officer, failed to be diligent and conscientious, signed the relevant periodic reports and guaranteed that the information disclosed was true, accurate and complete, and were the other persons directly responsible for the above-mentioned illegal acts. At the same time, Pan Aihua, as the actual controller of Unnamed Pharmaceutical, instructed Unnamed Pharmaceutical to transfer funds to related parties and concealed relevant transactions, resulting in illegal information disclosure of Unnamed Pharmaceutical, which is suspected of constituting the conduct described in Paragraph 3 of Article 193 of the Securities Law of 2005.
2. Failure to timely disclose important contracts and major progress in contract performance as required
No later than May 14, 2022, without performing the deliberation procedures of the board of directors and the general meeting of shareholders, Weiming Pharmaceutical signed the "Agreement on the Capital Increase of Weiming Biopharmaceutical Co., Ltd." with Xiamen Weiming and Hangzhou Qiangxin Biotechnology Co., Ltd. (hereinafter referred to as Hangzhou Qiangxin), stipulating that Hangzhou Qiangxin subscribed for the new registered capital of Xiamen Weiming of 67.6749 million yuan at a premium of 2884.85 million yuan to obtain 34% equity of Xiamen Weiming. The transaction value of the agreement accounted for 120.8% of the latest audited net assets of Unnamed Pharmaceutical. After the signing of the agreement, Xiamen Weiming completed the change of industrial and commercial registration of shareholder information on May 18, 2022.
According to the provisions of Paragraphs 1, 2, 3 and 12 of Article 80 of the Securities Law of the People's Republic of China (hereinafter referred to as the "Securities Law") and Article 25 of the Administrative Measures for Information Disclosure of Listed Companies (Decree No. 182 of the CSRC), the capital increase agreement is an important contract entered into by the unnamed pharmaceutical, and the change of the industrial and commercial registration of Xiamen is a major progress in the performance of the contract, and the unnamed pharmaceutical should be disclosed in a timely manner, but it is not disclosed as required. The above-mentioned illegal facts are proved by evidence such as unnamed pharmaceutical-related announcements, capital increase agreements, industrial and commercial change materials, records of relevant personnel inquiries, and explanations of the situation. Our bureau believes that the failure of Weiming Pharmaceutical to timely disclose important contracts and major progress in contract performance as required is suspected of violating the provisions of Article 78, Paragraph 1 of the Securities Law, and constitutes the conduct described in Article 197, Paragraph 1 of the Securities Law.
The CSRC intends to decide: Our bureau intends to decide:
1. Shandong Weiming Biopharmaceutical Co., Ltd. was ordered to make corrections, given a warning, and fined 3.1 million yuan.
2. Pan Aihua was given a warning and fined 2.4 million yuan.
3. Luo Shun was given a warning and fined 1.4 million yuan.
4. Yang Xiaomin was given a warning and fined 1.2 million yuan.
5. Zhao Hui was given a warning and fined 300,000 yuan.
6. Zhao Furong, Ding Xueguo, Xu Ruoran, and Zhang Yinuo were given warnings and fined 200,000 yuan each.
7. Lai Wenbo was given a warning and fined 100,000 yuan.
8. Give a warning to Fang Yan and impose a fine of 50,000 yuan.
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 the claim of unnamed medicine are as follows:
Those who bought 002581 unnamed pharmaceutical between February 1, 2018 and November 23, 2023, and sold or continued to hold it after November 24, 2023 (inclusive).
The above claim registration conditions only represent the views of Xie Baoping's lawyer team, and are not used as any securities investment decisions and trading suggestions, and are subject to the final determination of the court.
Basis for unnamed pharmaceutical violation:
On November 21, 2023, Unnamed Pharmaceutical received the "Notice of Case Filing" (No. 0042023010 Zheng Jian Case No. 1) issued by the China Securities Regulatory Commission due to suspected violations of laws and regulations in the company's information disclosure.
On April 22, 2024, Shandong Weiming Biopharmaceutical Co., Ltd. (received the "Prior Notice of Administrative Punishment and Market Prohibition" ([2024] No. 2) issued by the China Securities Regulatory Commission.