Produced by Radar Finance and Economics Lei Zhu Bar text|Shan Shan, edDeep sea
On December 4, Shoukai Co., Ltd. issued an announcement on the resignation of the secretary of the board of directors and the appointment of the general counsel to act as the secretary of the board of directors.
The board of directors of Shoukai Co., Ltd. recently received a written resignation report submitted by Wang Yi, secretary of the board of directors and assistant to the general manager. Wang Yi applied for resignation as secretary of the board of directors of the company due to the adjustment of the division of labor, and Wang Yi still served as the assistant general manager of the company after the resignation. According to the Company Law, the Articles of Association and other relevant provisions, the resignation report shall take effect from the date of delivery to the board of directors, and his resignation will not affect the daily business activities of the company.
During the vacancy of the secretary of the board of directors, the board of directors will appoint Gao Shiyao, the general counsel of the company, to act as the secretary of the board of directors, and the company will by-elect the new secretary of the board of directors as soon as possible in accordance with legal procedures and fulfill the obligation of information disclosure in a timely manner.
It is worth noting that after the market on December 1, Shoukai issued an announcement on the receipt of the "Administrative Penalty Decision".
On November 30, 2023, Shoukai received the Administrative Penalty Decision (No. 2023 No. 6, hereinafter referred to as the "Decision") issued by the Beijing Supervision Bureau of the China Securities Regulatory Commission
After investigation, the following illegal facts existed in Shoukai Shares: in the inventory impairment test of Shoukai Shares in 2021, Shoukai Shares overestimated the net realizable value of the inventory of its subsidiaries and understated the provision for inventory price decline 40.5 billion yuan, undercounting asset impairment loss of 40.5 billion yuan. The above matters led to misstatement in the 2021 annual report of Shoukai Shares, and led to misstatement in the issuance documents such as the prospectus of the corporate bonds and debt financing instruments issued by Shoukai Shares between May 2022 and May 2023, as well as the 2021 annual report disclosed in the interbank bond market.
On April 29, 2023, Shoukai Co., Ltd. issued the "Announcement on the Correction of Errors in the Previous Period", taking the initiative to make corrections, and using the retrospective restatement method to make up for the provision for inventory price decline40.5 billion yuan.
The above-mentioned illegal facts are supported by evidence such as relevant announcements, meeting documents, accounting vouchers, interrogation records, and explanations of the situation, and are sufficient to make a determination.
According to the facts, nature, circumstances and degree of social harm of the parties' illegal acts, in accordance with the "Opinions of the People's Bank of China, the China Securities Regulatory Commission and the Development and Reform Commission on Further Strengthening the Law Enforcement of the Bond Market" (Yin Fa 2018 No. 296) and the second paragraph of Article 197 of the "** Law", the Beijing Securities Regulatory Bureau decided to give a warning to the first shares and impose a fine of 1.5 million yuan;Li Yan, Zhao Longjie, and Rong Yu were given warnings and fined 600,000 yuan each.
In this regard, lawyer Zhang Yanwei, director of Shanghai Renying Law Firm, told Radar Finance that according to the ** law and relevant regulations, if a listed company's false statement causes losses to investors, the injured investors can protect their own rights and interests. Investors who still hold the first shares** on July 12, 2023** can do so through the public account"Let's help"(Lei Zhu Code: 88) to sign up and participate in the claim for free. There are no fees until you receive the claim.
Tianyan check shows that in terms of risk, a total of 7,797 pieces of Tianyan risk information were found in the first shares;It was also found that the enterprise had 8 legal proceedings;There are 79 articles related to litigation and 28 articles of ** announcement.