Financial fraud of listed companies should be severely punished and the counterfeiters should pay the price
2024 has arrived, the new year, I believe everyone has new aspirations, for most shareholders, the biggest wish is to hope that the ** in 2024 can be like a rainbow, all the way up.
After all, in recent years** hovering around 3000 points for too long, and we have been hesitating for too long, and everyone wants to have a good ** to clear the fog before.
Is it **possible** in 2024? We'll never be able to give an answer to that question, but I think there's still a lot to be done if we can do more to crack down on some illegal listings.
First of all, from a fundamental point of view, China's economy continues to recover rapidly, and the development prospects are still broad, which is the most solid foundation to support China.
According to the scale and growth rate of China's economy, ** should be able to maintain growth for a long time, but why in recent years** has run counter to economic growth, in the context of strong GDP growth, ** has not moved?
The reasons are quite complex, but I personally believe that one of the main reasons is that the penalties for violations by listed companies are not strong enough.
Looking at the performance of global capital markets in 2023, we find that many countries, including the United States and India, have performed well, with multi-ticket indices rising by more than 40%. In fact, against the backdrop of rising global interest rates, it is somewhat surprising that these ** were able to perform like this in the first half of 2023.
However, if you analyze these sustained capital markets, you will find that their ** is actually not accidental, just like India**, which has achieved eight consecutive years of growth, and New India** has grown by about 200% in the past eight years. I think it's mostly related to the strict laws of their **.
In India**, they have cracked down heavily on violations of laws and regulations by listed companies.
On the one hand, it is a strict protection for investors, institutional traders use the T+3 trading system, while individual investors use the T+0 trading system.
On the one hand, when it comes to financial fraud, the penalties in India are very strong, not only the fraudulent company will face several times to dozens of times the fraud fine, but the employees suspected of fraud may also be subject to criminal penalties at any time. According to the provisions of the Companies Act, 2013 (CA 2013) of India, financial fraud is punishable by a minimum of 6 months and a maximum of 10 years in prison and for fraud involving the public, a minimum of 3 years, whereas corporate fraud is considered a criminal liability and is a non-punishable offence.
After such severe fines and penalties, listed companies are likely to be delisted because of fraud, and delisting is not a pat on the back of the shareholders, the repurchase is not by the listed company, but after negotiation, many companies will go bankrupt because of the delisting repurchase.
It is precisely because of the strict and strict laws that Indian companies do not dare to fake casually, and they may be expelled at any time if they fail to meet the conditions, which ensures the healthy development of India and has continued to maintain an eight-year increase.
On the other hand, in China's ** market, in recent years, there have been many companies with financial fraud, and some companies have fabricated revenues and profits before listing, and the fraud has been exaggerated.
For example, Zeda Aisen landed on the Science and Technology Innovation Board in June 2020, and between 2016 and 2021, it fabricated material false facts and inflated its operating income by a total of 56.5 billion yuan, inflated profit of 29.6 billion yuan. In the six years, the proportion of inflated profits to the profits of the current year was as follows: 97% and 5623%。
As a result of these financial frauds, the regulatory authorities issued a warning to Zeda Yisheng and imposed a fine of 86 million yuan. In the end, Zeda Yisheng was closed and delisted by the Shanghai ** Exchange, becoming the first stock to be delisted from the technology exchange.
Although the company was removed from the ** exchange, the relevant responsible person was only fined and not criminally punished, which inevitably made people indignant.
This fraud is actually a financial fraud that has resulted in significant losses for many shareholders. If such fraudulent listings are not subject to heavy criminal penalties, companies that are prepared to commit fraud cannot be encouraged.
If the fraud is only a symbolic fine, then these listed companies through fraud, promote the stock price, and make far more money than that fine, this kind of low investment, high return practice is difficult to make people unimpressed.
Even if these listed companies are delisted, the money they made during the boom period is fully enough for them to live a few lives in style, and even if the company goes bankrupt, their normal life will not be affected, no wonder some people say that they are indifferent to counterfeiting and shoddy.
If this practice is not restricted, I think there will still be many listed companies in the future"Confused", because many listed companies do not raise funds for the development and growth of the company, but only to make money.
If we can intensify efforts to crack down on these fraudulent acts, once they are committed, not only will they be severely fined, but the listed company will also have to compensate shareholders for their losses, and more importantly, the counterfeiters will have to bear criminal responsibility.
Article 192 of the Criminal Law shall be referred to for such acts of listing through financial fraud: for the purpose of illegal possession, fraudulent methods are used to illegally raise funds, and the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than five years or short-term detention, and a fine of not less than 20,000 yuan but not more than 200,000 yuan; where the amount is huge or there are other serious circumstances, a sentence of between 5 and 10 years imprisonment and a concurrent fine of between 50,000 and 500,000 RMB is to be given; where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment or indefinite imprisonment is to be given, and a concurrent fine of between 50,000 and 500,000 RMB or confiscation of property is to be given.
If the amount of financial fraud is relatively large, it can be sentenced to more than ten years in prison, or even life imprisonment, so that even if these counterfeiters make money on the **, they have no time and life to enjoy, so that they can be discouraged and put an end to the spread of financial fraud.
Once the financial fraud is reduced, everyone honestly returns to the essence of operation, and making money from financing is really for the long-term development of the company, so maintaining the long-term healthy development of the company is a win-win outcome for both listed companies and shareholders.