Category: Money Tips Date: 2006-07-30
Zhou:
Hello! I have since April 26, 1999 to September 17, 2003 in succession between the company's stock to buy Dahlman (including the allotment) 21,500 shares. May 17, 2005, the SFC has made the decision to the Dahlman, I submitted to the Xi'an Intermediate People's Court petition, the court made a ruling of first instance, found that a false statement to implement day January 1, 2002, exposing day 2005 Year May 17, to the High Court, "certain provisions" in Article XVIII of the causal relationship between the second Standards been rejected prior to 2002, I bought 14,000 shares of stock compensation Dahlman request, what is reasonable?
Xian Hu
Mr. Hu:
Hello! Letter, we read you the relevant documents and materials, we have an analysis of this case is as follows:
According to "Supreme People's Court on hearing the securities market because of false statements caused a number of provisions of civil compensation cases," false statements refer to the implementation of day is making a false statement or false statement occurred the day. Mr. Hu could be based on whether the audit report in 2004 referred to Dahlman in January 1999 signed a contract with the partners of false, but will in January 1999 as a false statement Shi actual day, remains to be seen whether there had been disclosure of this information? If not disclosed, then the implementation date can not be considered a false statement.
According to May 17, 2005 China Securities Regulatory Commission made the decision the content of view, Dahlman misrepresentation should occur in 2002 and 2003, according to your situations reflected by Dahlman company fails to provide its annual report of the issuance of specific date, it is the court that the January 1, 2002 for the earliest implementation date of a false statement, we believe that is correct.
June 16, 2004 SSE right Dahlman for the first time to make a public condemnation of the decision, so the court found it to be false statements to expose Day is correct.
May claim scope should be for investors in Japan and after the implementation of a false statement to expose the correct date on or before the purchase of the securities and to expose a false statement on or correct the date and beyond, due to sell the securities at a loss or a result of continued holding there is a loss arising from the securities, while the false statement in the implementation of Dahlman's Day is January 1, 2002, so you bought before 2002 are not compensable 14000 Dahlman.
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