On the evening of May 16, 2024, Zhejiang Aokang Footwear Co., Ltd. (securities abbreviation: ST Aokang (rights protection), securities code: 603001) issued a "decision on Administrative punishment" received by Zhejiang Securities Supervision Bureau.BingotableThe announcement of ".
Li Jian, a lawyer from Zhejiang Yufeng Law firm (certificate number: 13301200210145176), who has represented investors in suing more than 100 listed companies, said that according to the penalty decision, ST Aokang is suspected of misrepresentation of securities, and damaged shareholders can make claims in accordance with the law. (lawyer Li Jian's column)
The announcement shows that the Zhejiang Securities Supervision Bureau found out that the parties have the following illegal facts: from 2021 to 2022, under the organization and arrangement of Wang Zhentao, ST Aokang transferred the company's funds to Wenzhou Ouhainan White Elephant, such as Flying shoes clothing Store and Yongjia County Auguang shoes Store controlled by Wang Zhentao, the above acts constitute the actual controller and its related parties to occupy non-operating funds. From 2021 to April 2023, Wang Zhentao used the influence of listed companies to negotiate with dealers who remitted the money to the bank accounts of Wenzhou Ouhainan White Elephant Elephant clothing Store and Yongjia County Auguang Shoe Store controlled by Wang Zhentao, resulting in a lag in the time for dealers to return money to listed companies. The above-mentioned behavior belongs to the transfer of resources or obligations between the listed company and the related party and constitutes a related party transaction.
The above information has not been disclosed in a timely manner by ST Aokang, nor has it been truly, accurately and fully disclosed in the 2021 annual report, 2022 annual report, 2023 semi-annual report and other reports.
Zhejiang Securities Regulatory Bureau decided: to order ST Aokang to correct, give a warning, and impose a fine of 3 million yuan; give a warning to the relevant responsible personnel and impose a fine respectively.
According to the judicial interpretation of misrepresentation by the Supreme people's Court, investors' rights and interests are damaged by listed companies and actual controllers due to securities misrepresentation, and investors can sue for claims in accordance with the law, including the loss of investment difference, commission and stamp duty. (ST Aokang rights entrance)
Lawyer Li Jian said that according to the judicial interpretation, it is tentatively decided that damaged shareholders who buy ST Aokang shares between April 26, 2022 and April 25, 2023, and close at the close of trading on April 25, 2023, can claim compensation in accordance with the law. The terms and conditions of the claim will be further adjusted in accordance with the conclusion of the CSRC investigation, and will eventually be determined by the court.
Investors are required to provide securities account opening information inquiry form, stock statement (from April 1, 2022 to date), contact information, etc.
(this article is contributed by Li Jian, a lawyer from Zhejiang Yufeng Law firm, and does not represent the position of Sina Finance. Lawyer Li Jian, director of the Securities Law Research Society of China Law Society and securities dispute mediator of China Securities Association, was awarded the title of "excellent Young lawyer of Zhejiang Province" in 2009. Since 2003, lawyer Li Jian has sued more than 100 listed companies on behalf of investors with remarkable results. Among them, the false statement case of investors v. Hangxiao Steel structure was selected as the "Top Ten Mediation cases of the National Court of Justice" in 2012, and the false statement cases of investors v. Xiangyuan Culture and Zhao Wei were selected among the top ten commercial cases of the people's Court in 2019. The false statement case of investors v. Huifeng shares is the first ordinary representative case of securities dispute in Jiangsu Province. )