Category: Money Tips Date: 2006-09-30
1, the securities the risk of civil compensation cases prompted investors to
False statements about the situation, but also aware of their rights damaged, the preparation of indictments investors should pay attention to the proceedings is also no risk.
First, the law recognized the loss does not mean that investors in an intuitive sense of loss, the two are different, this difference comes from the Supreme Judicial Interpretation "1.9 rule" set forth in the causal relationship and complex calculations, large In most cases, an intuitive sense of loss is greater than the amount of amount of loss recognized by the law, but also sometimes occur less than the amount of loss recognized by the law of the case, then give investors a pleasant surprise.
Second, the securities in the future of civil compensation case, the original debate between the defendant and the court confirmed that the focus and emphasis will be around to expose a false statement on or correct the date established and started, sometimes, false statements will be implemented on a dispute which point both the identification and advance and retreat of a large number of investors will decide whether the causal relationship between the conditions, will involve significant economic benefits to investors and investment loss calculations; and even at times, although the causal relationship between the conditions in line with the legal recognition of As the calculation of the amount of compensation would be little reason, therefore, investors can not believe that after everything is all right to bring proceedings and will be carried out in full, most of the compensation. In fact, during the proceedings, from the point in time to determine what caused the litigation risk is an objective reality can not be avoided, and this, investors in the prosecution, it should have a clear understanding.
Third, litigation, there are other risks, as a result of limitation, the plaintiffs qualifications, the plaintiff's investment behavior of the motivation to provide evidence of the legitimacy of the plaintiff, the defendant bear the responsibility of the scope and exemptions that the defendant had the ability to fulfill the post-judgment litigation and other risks arising from a longer period.
Fourth, investors should pay attention to litigation costs, and some investors, although the causal relationship in line with legal requirements and standards, but according to judicial interpretation of Supreme People's Court "1.9 rule" to calculate the amount of investment losses, (ie, legally recognized losses), if too small , close to or equal to zero, or less than the cost of litigation, then, suggest that investors abandoned or directly participate in the joint action litigation as being duly, otherwise the economic and uneconomical. Of course, regardless of the cost for the war in one breath, or to identify a reasonable necessity is questionable. Litigation costs include court proceedings processing fees, litigation costs preservation, judicial appraisal fees, counsel fees, travel expenses-sharing, postage, printing and copying fees.
Second, the Securities Investor's prosecution of civil compensation cases of the main points of the commission
Rights and interests of investors by misrepresentation damaged, is about to commission a lawyer to sue the listed company, with the following steps. The first step, provide materials to the Law Society. These materials include: 1, identity card, passport or a copy of legal person business license. 2, shareholders card copy. 3, Jiaoge Dan and the original bill. 4, investors contact. The second step, reading materials, and calculation of losses. Office as soon as possible after the receipt of materials, reading order, and judicial interpretations in accordance with the relevant provisions of the first to distinguish between cause and effect do not meet the conditions of investors and is compatible with causal conditions, but it calculated the amount of legal recognition of the loss is zero or too small investors, these two types of investors and persuade them not to prosecute. Causal conditions that meet the investors, will calculate the amount of loss recognized by law, commission, stamp duty and interest losses and to cope with the amount of litigation costs. The third step is entrusted, and litigation. According to calculations, the conditions that meet the causal relationship between investors, the firm will work with investors in telephone contact to discuss agency basis, consultation is completed, the two sides will sign documents and to hire a lawyer commissioned by the contract. Then, investors should be in the complaint to sign it. At the same time, investors if the Department of domestic residents, should go to the residence location of notaries, apply for identity cards in line with the original notarized copy; if foreign residents or domestic residents abroad have not yet naturalized, people just in the country, and its proxy statement and pleadings on the signature should be notarized by the notary office; people outside, the signature shall be approved by the Chinese Embassy and consulates in the country certification, which, in China, Hong Kong and Macao, China, and shall be approved by China's Ministry of Justice confirmed that a local lawyer, in China Taiwan must be notarized by the local notary office.
Investors received the signature of the indictment, the public certificate and legal fees, payment of legal costs, the firm should promptly to the relevant court proceedings, and on behalf of investors to pay the legal costs. (Shanghai Xin Wang Wen Yan Song law firm lawyers)
