The latest claim news of Hongxiang shares:
Recently, Hongxiang Co., Ltd. received the actual controller Mr. Yang Cheng issued the "Commitment to Voluntary Undertaking of a Certain Civil Compensation of the Future Listed Company", in order to safeguard the legitimate rights and interests of investors and stabilize market expectations, Mr. Yang Cheng, one of the actual controllers of the company, voluntarily assumed a certain amount of civil compensation that may arise from the listed company in the future
The relevant commitments are as follows:
1. The amount to be borne on behalf of the company: If the company is filed by the investor for the illegal acts involved in the "Administrative Penalty Decision" civil lawsuit or other forms of compensation claim, and is determined by the people's court or other competent institutions to bear civil liability, Yang Cheng voluntarily bears the amount of civil liability to be borne by the company in the effective civil judgment of the people's court or confirmed by other competent authorities (hereinafter referred to as the "investor"). 0,000,000 yuan. On behalf of the Company and all members of the Board of Directors, I guarantee that the information disclosed is true, accurate and complete, and that there are no false records, misleading statements or material omissions. The above-mentioned compensation amount borne by the municipal company shall be regarded as a donation to the listed company and will not be recovered from the listed company.
2. Time of commitment: within the performance period determined by the above-mentioned effective civil judgment of the people's court or other competent authority, that is, Yang Cheng will pay the corresponding amount to the designated account of the listed company or other accounts confirmed by the listed company after the listed company receives the effective civil judgment or the decision made by the other competent authority.
3. Source of funds: Yang Cheng ensured that the amount of civil compensation to be borne by the aforesaid alternative company to the investors was legally self-raised.
4. Performance guarantee: In order to guarantee the performance of this commitment, Yang Cheng agreed to pledge 20 million shares of the company to Xiamen Hongxiang Intelligent Technology Co., Ltd. (hereinafter referred to as the "pledgee"), a wholly-owned subsidiary of the listed company. If Yang Cheng fails to pay the corresponding amount to the designated account of the listed company or other accounts confirmed by it in accordance with points 1 and 2 of this commitment, the pledgee will dispose of such shares in accordance with the law, and the funds obtained from the disposal will be directly used by the listed company to bear civil compensation to the investor. Yang Cheng agreed to cooperate with the pledgee to go through the pledge registration procedures for the corresponding shares within 15 working days after the issuance of this letter of commitment.
5. In addition to the above-mentioned specific measures, Yang Cheng will do his best to cooperate with and support the listed company to fulfill its possible civil liability in the future, so as to fully safeguard the interests of the listed company and small and medium-sized shareholders.
6. Once the above commitments are made, they are irrevocable.
Prior to this, on April 3, 2024, Hongxiang Co., Ltd. and related parties received the Administrative Penalty Decision ([2024] No. 1) and the Market Prohibition Decision ([2024] No. 1) issued by the Xiamen Regulatory Bureau of the China Securities Regulatory Commission.
After investigation, Hongxiang shares and related personnel have the following illegal facts:
1. Illegal information disclosure
2. Fraudulent issuance
(1) The non-public issuance of shares in 2019 constituted a fraudulent issuance On November 20, 2017, Hongxiang disclosed the "Non-public Issuance of A Shares Plan" for the first time.
(2) The public issuance of convertible corporate bonds in 2020 constitutes a fraudulent issuance
(3) In 2020, apply for the issuance of shares and pay cash to purchase assets and raise matching funds
There are material misrepresentations in the documents
The SFC intends to decide:
1. Order Hongxiang to make corrections, give a warning, and impose a fine of 25.13 million yuan;
2. Give Yang Cheng a warning and impose a fine of 22.88 million yuan;
3. Give He Dongwu a warning and impose a fine of 3.65 million yuan;
4. Give Wu Zhangkun a warning and impose a fine of 3.3 million yuan;
5. Give warnings to Liao Xuelin and Ma Luping, and impose fines of 3.05 million yuan each;
6. Give Li Xijiao a warning and impose a fine of 2.5 million yuan;
7. Give warnings to Zhang Qing and Chen Shuiming, and impose fines of 750,000 yuan each;
8. Give Lu Jian a warning and impose a fine of 500,000 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 conditions for investors to refer to the claim are as follows:
Those who bought 300427 Hongxiang shares and Hongxiang convertible bonds between March 30, 2018 and April 28, 2023, and sold or continued to hold them after April 29, 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 violation of Hongxiang shares:
On February 27, 2024, Hongxiang Co., Ltd. and Mr. Yang Cheng and others received the "Prior Notice of Administrative Penalty and Market Prohibition" (Xia Zheng Jian Zhi Zi [2024] No. 1) issued by the Xiamen Regulatory Bureau of the China Securities Regulatory Commission.
On April 3, 2024, Hongxiang Co., Ltd. and related parties received the Administrative Penalty Decision ([2024] No. 1) and the Market Prohibition Decision ([2024] No. 1) issued by the Xiamen Regulatory Bureau of the China Securities Regulatory Commission.