"Investor Protection-Rules, Risk Knowledge" Case XIX.
Release time:
Jan 28,2021
Because the company is in urgent need of working capital, Ma, the actual controller of a listed company, has signed investment advisory agreements with a number of equity investment companies in the name of preparing for A- share listing, entrusting them to find investors. Equity investment company to find publicity team, specific operation planning promotion matters. On the one hand, the publicity team employs a large number of agents to attract non-specific social objects with investment intention into the group by forming WeChat groups or QQ groups. On the other hand, stock lecturers and analysts are employed to analyze the new third board stocks, teach stock trading skills, exaggerate publicity and predict the possibility of listed company stocks being listed in A shares by setting up a live network,
Investor Protection-Rules, Risk Knowledge "Case XIX.
-- "Equity on behalf of the" Mo credulous, the new three-board investment to go the right way"
Because the company is in urgent need of working capital, Ma, the actual controller of a listed company, has signed investment advisory agreements with a number of equity investment companies in the name of preparing for A- share listing, entrusting them to find investors. Equity investment company to find publicity team, specific operation planning promotion matters. On the one hand, the publicity team employs a large number of agents to attract non-specific social objects with investment intention to join the group by forming WeChat groups or QQ groups. On the other hand, stock lecturers and analysts are employed to analyze the new third board stocks, teach stock trading skills, exaggerate publicity and predict the possibility of the listed company's stocks being listed on A shares, and encourage investors to buy the listed company's stocks by setting up a live webcast. In order to gain the trust of investors, the actual controller of the listed company also promised investors that if the listing fails or cannot be listed as scheduled, it will repurchase in accordance with the agreement, which reduces investors' risk awareness to a certain extent. The investor's shares are held by the actual controller of the listed company and a nominee agreement is signed. After verification, the listed company issued more than 900 million shares to more than 500 investors in the name of listing, through false publicity and promotion, by means of capital increase and share expansion and stock transfer, and illegally raised more than 0.1 billion yuan.
In this case, the listed company conspired with an equity investment company that did not have the qualification to operate securities to fabricate or exaggerate the company's operating results and profit prospects after listing in the name of listing, so as to attract investors to purchase the shares of the listed company through "equity holding" outside the trading place. "Equity holding" is one of the common methods used by unqualified investors in the New Third Board market to participate in stock trading. According to the relevant provisions of the Company Law and the Contract Law, if the establishment of equity holding is to circumvent the mandatory provisions of laws and administrative regulations, the equity holding agreement may be deemed invalid and easily lead to legal disputes.
Investors should pay special attention to the following five points when participating in the New Third Board market transactions: First, they should open securities accounts and capital accounts in real names, entrust securities companies approved by the securities regulatory agency of the State Council to report to the national small and medium-sized enterprise share transfer system Buy and sell shares of listed companies. Second, we should know the appropriateness requirements, understand the investment threshold, choose the appropriate investment target according to our own actual situation, and be alert to the disputes that may arise from entrusting others to hold shares on behalf of others because they do not meet the investment requirements. Third, it is important to understand the risk characteristics of listed companies' stocks, maintain a rational and prudent investment mindset, and not be bewitched by any verbal promises of high returns. Fourth, we should be highly vigilant about the situation of recommending shares through WeChat group, QQ group, live broadcast room, etc. Fifth, we must learn to protect our own rights and interests through legal channels, pay attention to retaining evidence of related transactions, and prepare for rights protection afterwards.
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