Editor's note: The State Council's "Several Opinions on Strengthening Supervision and Preventing Risks and Promoting the High-quality Development of the Capital Market" pointed out that the joint crackdown on securities and futures violations and crimes should be strengthened. Increase the force of three-dimensional accountability in administrative, civil, and criminal cases, and strictly investigate and deal with all kinds of violations of laws and regulations in accordance with the law.
On May 6, due to the failure of Guosen Securities to timely supervise the review and disclosure procedures of changes in the fundraising and investment plan due to the failure of Guosen Securities, as the sponsor of the initial listing of Opt, to timely supervise the implementation of the review and disclosure procedures for changes in the fundraising and investment plan, the Guangdong Securities Regulatory Bureau decided to take administrative supervision measures of issuing a warning letter to Guosen Securities.
Bread Finance combed through the information publicly notified by the regulatory authorities and found that Guosen Securities had received a number of fines during the year due to a number of compliance and internal control issues.
Guosen Securities received a warning letter: there were violations in the process of continuous supervision
On May 6, the Guangdong Regulatory Bureau of the China Securities Regulatory Commission (hereinafter referred to as the "Guangdong Securities Regulatory Bureau") issued a warning letter to Guosen Securities Co., Ltd.
According to the announcement, after investigation, Guosen Securities, as the sponsor of the initial listing of Opt, has the following violations in the process of continuous supervision:
First, it failed to timely supervise and urge Opt to perform the review and disclosure procedures for changes in the fundraising plan. During the period of continuous supervision, Guosen Securities failed to be diligent and conscientious, failed to discover in a timely manner that Opt had over-funded the investment plan to pay employee salaries, and failed to supervise Opt to perform the review and disclosure procedures as required.
Second, the problem of OPT's use of other special fund-raising accounts to pay salaries has not been corrected. Guosen Securities failed to continue to pay attention to the storage and use of the funds raised by Opt, failed to discover the problem of Opt using the funds raised by the marketing center to pay employee salaries to other projects in a timely manner, and did not require Opta to rectify the problem in a timely manner after discovering the problem.
Guosen Securities violated the relevant regulations in the above situation, and the Guangdong Securities Regulatory Bureau decided to take administrative supervision measures against Guosen Securities by issuing a warning letter.
Optim: Excess use of raised funds
According to public information, Optimum was listed in December 2020 and is mainly engaged in the research and development, production and sales of core software and hardware products for machine vision.
In January 2024, Optimum received a decision and warning letter from the Guangdong Securities Regulatory Bureau ordering corrective measures.
The "Decision" pointed out that Optimum disclosed in the prospectus that the total investment of the marketing network center project of the fund-raising project was 54.499 million yuan, all of which was invested by the raised funds, of which 5.0358 million yuan was used to pay the wages of new personnel. In March 2023, Optimum disclosed the "Announcement on the Completion of Part of the Raised Funds Investment Project", and the actual use of the raised funds for the marketing network center project was 54.499 million yuan. After investigation, the actual amount of wages for new personnel in the project of Opt Marketing Network Center was 20.4038 million yuan, which exceeded the planned amount of 15.368 million yuan in the prospectus, of which 9.3662 million yuan was actually paid to the new personnel of the machine vision manufacturing center of the headquarters of another fund-raising project. For the above-mentioned use of raised funds beyond the plan, OPT failed to perform the review procedures and information disclosure obligations in accordance with the regulations, and the information disclosed on the use of the raised funds was inconsistent with the facts.
According to the on-site inspection report on the 2023 continuous supervision work of Guangdong Optima Technology Co., Ltd. issued by Guosen Securities: "After verification, the sponsor believes that during this continuous supervision period, the funds raised from the initial public offering have been deposited into the special account for raising funds, and a tripartite supervision agreement on the raised funds has been signed; The company has formulated a management system for the use of raised funds, which can store and use the raised funds in accordance with the provisions of the system; The company's raised funds are not occupied by controlling shareholders, entrusted with financial management in violation of regulations, etc., and there is no unauthorized change in the use of raised funds without performing the review procedures."
Guosen Securities: Received a number of fines during the year
According to the statistics of the information notified by the regulatory authorities, since 2024, the financial regulatory authorities have issued a number of fines to Guosen Securities and relevant responsible persons.
On April 19, due to the existence of the blacklist management of individual targets of the stock pledged repurchase business, the management of individual targets was not in place, and the due diligence of individual targets was insufficient; inadequate management of bail-out products; Guosen Securities was issued a warning letter by the Shenzhen Securities Regulatory Bureau due to problems such as inadequate management of private equity subsidiaries and facilitating the evasion of supervision by financial institutions and their management products.
On the same day, due to the inadequate management of the blacklist of individual targets and the insufficient due diligence of individual targets, Du Haijiang, vice president of Guosen Securities, was issued a warning letter by the Shenzhen Securities Regulatory Bureau.
On May 7, due to the loss of the sponsored Lierda in the year of listing, Guosen Securities was once again taken the supervision and management measures of issuing a warning letter.
In addition, in January 2024, the Shenzhen Stock Exchange issued a regulatory letter to Guosen Securities for failing to pay sufficient attention to and urge the issuer to rectify the lack of internal control over standardized promotion expenses and failing to verify matters related to the issuer's distribution income in the IPO sponsorship process of Yin Yi Biotech.
During the year, when a number of fines were received and there were violations in the process of continuous supervision, did Guosen Securities' risk control and compliance team be diligent and conscientious, and was the company's internal control compliant? How should the chairman, general manager, compliance officer and other senior executives plug the risk control loopholes?
(Article Serial Number: 1788872204587503616)
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