Category: Money tips Release Date: 2006-07-25
Went to every year, "3.15" this special day, and to be bent on editing requirements, combined with my usual experience in handling cases, and some investors, a summary of letters to answer a letter, to talk about the maintenance of rights and interests of investors in the stock market should pay attention to several aspects.
A semi-market has yet to be standardized
According to the State Council, "Illegal Financial Institutions and Illegal Financial Business Activities ban approach" the provisions of Article XVIII, "for engaging in illegal financial business activities are the loss borne by the participants themselves." Therefore, participating in an underground semi-market investment and trading behavior of investors, it is difficult to interest protected by law. If you hit investment disputes, as well as suspected illegal, fraudulent, then investors should be aware of the circumstances, the fastest speed to companies to recover their investments, to recoup their losses, direct and enterprise bargaining compensation matters; if these cases had been included in the public security organs criminal cases, investors should try to cooperate with the investigation in future criminal proceedings are initiated may be accompanied by a civil prosecution of such cases is generally illegal charges of crime or fraud; investors can hire a lawyer to issue a joint enterprise to return to the illegal charge investment models, but also by virtue request restitution on behalf of the illegal sale of stake in the sale of shares of the direction of the principal amount of your refund.
The revised "Securities Act" has been abolished a semi-market trading restrictions, a nationwide multi-level equity issuance and trading market in the near future that will be gradually established and the revised "Company Law" for the protection of shareholders the interests of larger and more reasonable to provide a convenient, shareholders complete relief measures accordingly, believe that the solution a semi-market problems just around the corner.
Tort and contract categories inaccurate stock analysts
From my experience in practice, said that investors suffered because of inaccurate stock analysts rights and interests of the damage mode can be divided into tort and contract type two broad categories. False rating on tort law is characterized by: direct investor by reading about the news media's false stock analysts, or through advertising for non-contractual nature of the field guide on inaccurate stock analysts, the investment resulted in investment losses; contract type is not legal characteristics of real stock analysts are: investors through news media, advertising agencies and stock analysts who understand that, after stock analysts with the signing and the contract period on the inaccurate stock analysts, the investment led to investment losses, which also includes a services and become a member of a member receiving services in two forms. Among them, become a member after the encounter false rating on the damage caused by a double, that is, contributions losses and investment losses. As the two types of false rating on the legal characteristics of different rights and interests of investors suffered losses after this litigation, and the means and requirements are different.
Two types of investors when the proceedings are not true stock analysts should pay attention to the following questions: First, with the false statements is different from the regulatory authorities do not need to book the administrative punishment, the investment can be sued directly after the damage. Second, the limitation is aware or should have known that rights have been infringed within two years from the date of calculation, over this range, the people's courts will not protect their right to win. Limitation on the starting date should be disclosed false rating on the day, or the contract expiration date, contract date of the final performance. Third, it should be through the evidence of investor losses and not true causal relationship exists between stock analysts. Fourth, two types of false rating on litigation loss calculation method is different. False rating on tort litigation losses are calculated as follows: never real investors to buy shares after stock analysts and non-false rating on the total exposure of investors to sell stocks after the date of the difference between the total amount of investor losses. Contract type false rating on litigation losses are calculated as follows: In addition to direct compensation for investment losses, but also should be based on "Contract Law" and relevant provisions of the act to meet its contractual stock analysts who asked not to compensation for actual default loss. Finally, to remind the investors need to pay attention to one important issue is to try to save the evidence related to inaccurate stock analysts.
Currently, false stock analysts and their legal responsibilities, can be applied "Securities Law", China Securities Regulatory Commission, "securities and futures investment consulting Interim Measures", "membership-based advisory body to the securities Interim Measures," and other relevant provisions.
Behavior must be legitimate and effective commission stocks
Commissioned stocks in the stock market is very common after a general adversarial dispute is also relatively strong, therefore, the process of commissioning stocks, investors should pay attention to the following questions:
First, the commission stocks as a civil legal relations of the principal-agent agreement, whether written or oral, as long as the two sides confirmed that the courts are usually commissioned by the contract and the parties concerned as the autonomy principle to approve it. Second, the signing of an agreement commissioned stocks, try not to take an oral commission approach. Stocks in the commission agreement should at least note the following issues: clearly stated that only the operation of the Trustee the right to not have access to models, revocation or apply for the specified transactions, etc.; to write a clear relationship between benefits and risk-sharing; specify the client's financial accounts can not be accounts and accounts of any funds of shareholders Unicom; will not be able to provide the right margin trading of securities companies; Once a bargaining chip in Canadian funds below a certain value, the client should be allowed to suspend operations and so on. Again, the client should always look at their own accounts and capital stock accounts situation; full attention to stock market risk and the risk of the trustees of the personality, and adequate preventive measures; the client does not want the trustees to ensure a minimum income rate, or a high percentage of profit sharing does not appear to make the consent or acquiescence of the agreement agreed to the terms of overdraft and so on.
Finally, the Investors are cautioned that the commission should be a high degree of attention to business risks of stocks and even moral hazard, the risk of fraud. As the current relevant laws and regulations not perfect, in case of dispute, legal action is relatively complex and costly. Investors are advised to make preparations for risk prevention. (The author is a unit of Shanghai Wen-da law firm)
