Category: Money tips Release Date: 2006-06-15
Wholeheartedly Editor:
I have bought ST Fe stock, due to serious losses and sell at a loss out. Supreme People's Court heard that according to judicial interpretation can sue, I would meet the condition? If, after the statute of limitations, you can also sue do? If someone has been prosecuted, I can join in with the divisions it?
Beijing Wang Li
Wang reader:
Hello! ST Fe confirmed by the China Securities Regulatory Commission, there are acts of false statements, therefore, China Securities Regulatory Commission has made "a written decision on administrative punishment," right to punish companies and relevant personnel, ST Fe, also June 10, 2004 announcement to make. Therefore, investors just days before exposing the false statements had bought and sold the shares and still hold on that day, and calculated the existence of investment losses, investors may be based on January 9, 2003 Supreme People's Court "published securities market because of false statements about the trial triggered a number of provisions of civil compensation cases, "the spirit of the court to have jurisdiction over the Dalian Intermediate People's Court that a civil claim for compensation. Difference between the loss of investment losses, including investment, stamp duty, commission and interest. Court of competent jurisdiction from the Supreme People's Court's judicial interpretation of provisions of the securities under the jurisdiction of civil compensation cases the court is limited to provinces, autonomous regions, municipalities, separately listed cities, special economic zones Intermediate People's Court. Matters relating to specific charges up to the Shanghai New Hope Law Firm Wen Yan Song a lawyer to answer the following:
ST Fe case, the statute of limitations will be June 10, 2006 due date, no prosecution in favor of the investor will lose the right. Securities statute of limitations on civil compensation cases from the Supreme People's Court's judicial interpretation of the provisions, the China Securities Regulatory Commission required administrative punishment decision within two years from the date. Taking into account the stock market disclosure rules and Civil Law, the parties know or should know the date the statute of limitations provisions, such as ST Fe civil compensation cases, the securities statute of limitations, it should be a company announcement is made within two years, within two years, not to prosecute, will lose the right to win. The so-called right to refer to the court in favor of the provisions of the statute of limitations in the prosecution of cases within the time limit the rights claimed by the plaintiffs in support of the law. After a two-year, investors can also be prosecuted (because there is the right of appeal), but the statute of limitations should be raised objection to the defendant, the court ruled that the plaintiff will lose the right to win.
In accordance with the provisions of China's current civil procedure law, if there is a certain number of investors are willing to co-filed civil suit for compensation securities, you can form a common action with prosecution, but the courts have generally limited the number of pairs, 5 to 20 range. At present, China has not yet as common as in the U.S. litigation system. Proceedings of investors to be jointly commissioned professional attorney representative actions is appropriate. As the professional counsel of a large number of investors, you can significantly reduce travel costs, save legal costs. And professional lawyer with extensive expertise and litigation skills, can reduce litigation errors and reduce litigation risk. In addition, investors should provide the following materials: photocopy of ID card; shareholders card copy; by the securities firms involved in stock trading sealed against the bill; investment loss computation.
Finally Investors are cautioned that in June there are four listed companies, statutes of limitations expires: English Lite (000,635 market, information, advice, more): Prosecution in Ningxia, the limitation on June 5; ST large the Philippines (000,769 market, information, advice, more): Prosecution in Dalian, the limitation on June 10; ST Chongqing Wanli (600,847 market, information, advice, more), prosecution in Chongqing, the limitation on June 10 Japan; ST North Branch (600,878 market, information, advice, more), prosecution in Dalian, the limitation on June 12.
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