Dr. ST Peng's latest claim news:
On May 14, 2024, Dr. Peng Telecom Media Group Co., Ltd. issued the "Announcement on Abnormal Fluctuations and Risk Reminders of the Company's Stock Trading", which shows:
1. The stock of Dr. Peng Telecom Media Group Co., Ltd. (hereinafter referred to as the "Company") deviated from the closing price of more than 12% on May 9, May 10 and May 13, 2024 for three consecutive trading days, which belongs to the abnormal fluctuation of stock trading stipulated in the Trading Rules of the Shanghai Stock Exchange.
2. Because Zhongxi Certified Public Accountants (Special General Partnership) (hereinafter referred to as "Zhongxi Firm") issued the "2023 Annual Audit Report" to the Company that cannot express an opinion (for details, please refer to the "2023 Annual Audit Report of Dr. Peng Telecom Media Group Co., Ltd." disclosed by the Company on the website of the Shanghai Stock Exchange on the same day), which touched the "Shanghai Stock Exchange Stock Listing Rules (Revised in August 2023)" (hereinafter referred to as the "Listing Rules") Article 9.3.2, paragraph 1 (3) stipulates that the company's shares are subject to delisting risk warning.
3. The Company was superimposed on the following matters for the following matters: (1) Due to the negative opinion of Zhongxi Law Firm on the Company's 2023 Internal Control Audit Report, the Company's shares continued to implement other risk warnings in accordance with the provisions of Article 9.8.1, Paragraph 1 (3) of the Listing Rules. (2) The actual controller of the company occupies 48 million yuan of the company's funds for non-business purposes, and there is a possibility that it cannot be returned within one month. Pursuant to Rule 9.8.1(1) of the Listing Rules, the shares are subject to additional risk warnings. (3) The company provided illegal guarantees for the controlling shareholder and its persons acting in concert, with a total amount of 1.64 billion yuan, and there was a possibility that it could not be returned within one month. Pursuant to Rule 9.8.1(1) of the Listing Rules, the shares are subject to additional risk warnings.
(4) The company's net profit after deducting non-recurring gains and losses for the last three consecutive fiscal years is negative, and the audit report of the financial accounting report of the most recent fiscal year shows that there is uncertainty about the company's ability to continue operations. Pursuant to Rule 9.8.1(6) of the Listing Rules, the shares are subject to additional risk warnings. With regard to the above-mentioned companies being subject to other risk warnings, it is expected that the conditions for cancellation will not be met in the near future.
4. After the company's self-examination and verification with the controlling shareholder and actual controller, as of the date of this announcement, there is no material information that should be disclosed but not disclosed that affects the actual operation of the company.
5. As of the disclosure date of this announcement, the company, its subsidiaries and branches have been listed as judgment defaulters in total, namely: Dr. Peng Telecom Media Group Co., Ltd., Dr. Peng Telecom Media Group Co., Ltd. Guangzhou Branch, Dr. Peng Telecom Media Group Co., Ltd. Shenzhen Branch, and the company's grandson company, Beijing Times Intercom Telecom Technology Co., Ltd.
6. At present, all the shares of the company held by Xin Pengyun, the controlling shareholder of the company, are still in a state of freezing, waiting for freezing and judicial marking, and there may be a possibility of continuing to be judicially disposed of in the future.
7. As the company provided guarantees for the loans of shareholders Shenzhen Heguang Yizhi Technology Co., Ltd. and Shenzhen Xinpengyun Technology Co., Ltd. in the early stage, the company, as one of the defendants, was requested to bear joint and several guarantee repayment liabilities for the loans of 52000000 yuan and 112000000 yuan and related interest, litigation costs and other debts of shareholders Shenzhen Heguang Yizhi Technology Co., Ltd. and Shenzhen Xinpengyun Technology Co., Ltd. Whether the company bears the guarantee liability and the impact on the company's current or future profits shall ultimately be subject to the effective judgment of the court.
Prior to this, the company received the "Administrative Penalty and Market Ban Prior Notice" (Penalty Zi [2024] No. 40) issued by the China Securities Regulatory Commission on March 28, 2024, and the company intends to impose administrative penalties and market bans on the company and its relevant personnel for failing to disclose related party transactions, failing to disclose material contracts as required, and having false records in the company's 2012-2022 annual report.
On the same day, the company received the "Decision on Ordering Corrections and Issuing Warning Letters to Dr. Peng Telecom Media Group Co., Ltd. and Related Personnel" ([2024] No. 7) issued by the Qingdao Supervision Bureau of the China Securities Regulatory Commission, and the Qingdao Securities Regulatory Bureau issued a "Warning Letter" to the company and related personnel due to the company's failure to disclose due debts and debt restructuring matters as required, inaccurate disclosure of information in the 2022 annual performance forecast, and inaccurate disclosure of performance forecast information and ordered to correct the relevant matters as scheduled.
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 registration of Dr. ST Peng's claim are as follows:
A claim can be registered if one of the following conditions is met:
1. Those who bought Dr. 600804 Peng between April 12, 2013 and January 28, 2022, and sold or continued to hold it after January 29, 2022 (inclusive);
2. Those who bought Dr. 600804 Peng between January 1, 2021 and April 27, 2022, and sold or continued to hold it after April 28, 2022 (inclusive);
3. Those who bought Dr. 600804 Peng between March 1, 2020 and July 17, 2023, and sold or continued to hold it after July 18, 2023 (inclusive);
4. Those who bought Dr. 600804 Peng between October 29, 2021 and April 15, 2024, and sold or continued to hold it after April 16, 2024 (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 Dr. ST Peng's violation:
On July 14, 2023, Dr. Peng received the Notice of Case Filing (No. 0392023025 Zheng Jian Case No. ) issued by the China Securities Regulatory Commission due to the company's suspected illegal information disclosure.
On August 31, 2023, Yang Xueping, the actual controller of Dr. Peng's company, has signed the "Notice of Case Filing" issued by the China Securities Regulatory Commission (No. 0392023024 Zheng Jian Case Filing).
On March 28, 2024, Dr. Peng Telecom Media Group Co., Ltd. received the "Advance Notice of Administrative Penalty and Market Prohibition" (Penalty Zi [2024] No. 40) (hereinafter referred to as the "Notice") issued by the China Securities Regulatory Commission.