Foshan Lighting (000541) received a fine from the Guangdong Securities Regulatory Bureau on March 7 last year for violation of the letter. After a year, the aftermath of this single false statement has not stopped. Recently, the Securities Times reporter learned from the court that Foshan Lighting applied for the case to be transferred to the Foshan Intermediate People's Court on January 21, and the Guangzhou Intermediate People's Court rejected it.
Up to now, a total of two groups of investors have applied for a claim from Foshan Lighting, claiming 1187 people and claiming a total of 160 million yuan.
“A lot of investors are still waiting to see and wait for the results of the first batch of stockholders to come out and prosecute.†Xie Liang, a lawyer of Guangdong Huanyu Jingmao Law Firm, received a lot of investors who came to consult during this period, but he said that he really entrusted The law firm claims only 50 people.
Xie Liang said that investors who bought Foshan Lighting during the period from July 15, 2010 to July 5, 2012, and who did not sell all of them during this period, can entrust a lawyer to make a claim. According to the law, the statute of limitations is two years, and the rights defending investors require Foshan Lighting to compensate for the difference in losses, commissions, interest, stamp duty, and so on.
However, stockholder claims are not easy. At present, the results of the first batch of stockholder claims have not yet come out, and the second batch of stockholder claims are still in dispute.
Foshan Lighting recently announced that the company was in the second instalment of the case and received the “indictment†of the court. A total of 672 plaintiffs filed a lawsuit against the Guangzhou Intermediate People’s Court on the grounds of securities misrepresentation disputes. The total loss was about 89 million yuan.
On February 28th, Xie Liang received a notice from the Guangzhou Intermediate People's Court and received a judgment from the court on the application for jurisdictional opposition to Foshan Lighting. According to the judgment statement obtained by the reporter, Foshan Lighting applied to transfer the case to the Foshan Intermediate People's Court on January 21. According to Foshan Lighting, according to the Civil Procedure Law, litigation brought about by infringement is under the jurisdiction of the people's court of the place where the infringement is committed or the defendant's domicile.
In this regard, the Guangzhou Intermediate People's Court ruled: "After review, the Court considered that the case was a case of disputes concerning the misrepresentation of securities in securities, and the determination of jurisdiction should apply to special provisions for civil compensation cases arising from false statements in securities. The Civil Procedure Law applies to infringement cases. The general provisions of the jurisdiction do not apply to the case.†Guangzhou Intermediate People’s Court rejected the application for Foshan Lighting.
For Foshan Lighting, if the first batch of claims is lost, it will directly affect the company's total profit this year. At present, the first batch of 515 people (pieces) v. Foshan Lighting’s “claims for securities misrepresentation disputes†has reached a claim amount of 73.428 million yuan, and according to the total profit of Foshan Lighting last year of 472 million, the total profit of this claim Up to 15.6%. However, the final claim of the shareholders may not be entirely borne by Foshan Lighting.
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