Category: Money Tips Date: 2006-09-10
The date of the NPC Standing Committee from 24 of the Criminal Code Amendment (6) a third review of the draft, the draft of the hollowing out of listed companies, not required to disclose information, manipulate the securities and futures market and other securities to combat crime more severe. The NPC Law Committee suggested that the draft financial management order on the destruction of crime, the contents of the urgent need for real life, each has been made more consensus should be as soon as possible.
Six types of "fleecing" behavior of "legal action"
The draft Criminal Code to increase the current one: a listed company's directors, supervisors and senior management personnel contrary to the company's duty of loyalty, used his position to facilitate manipulation of a listed company engaged in one of the following acts, resulting in the interests of listed companies suffered heavy losses by three The following fixed-term imprisonment or criminal detention and a fine or a single penalty payment; cause the interests of listed companies, suffered especially heavy losses, a fine of not more than seven years imprisonment and a fine. These acts include: free of charge to other units or individuals to provide funds, goods, services, or other assets;
In order to be grossly unfair conditions and provide, receive funds, goods, services, or other assets;
Obviously does not have the liquidity to the unit or individual to provide funds, goods, services, or other assets;
Obvious does not have the solvency of the entity or individual guarantees, or other units or individuals without justification for the provision of security;
Without just cause to give up claims to incur obligations;
Other means damage to the interests of listed companies.
The NPC Law Committee who explained that the increase in "other means of damage to the interests of listed companies," this "reveal all the terms" taking into account the assets of listed companies in addition hollowing out of the five cases listed earlier, this may also the emergence of new manifestations.
In addition, the Bill provides that the penalties for the listed companies in addition to directors, supervisors and senior management personnel, the listed company's controlling shareholders or actual controllers instructed the directors of listed companies, supervisors and senior management staff to implement behavior of hollowing out the assets of listed companies , will also be in accordance with the provisions subject to the same penalty.
Letter Phi "evasion" and "cheating" will be punished
The draft stipulates that "the law has a disclosure obligation to companies, businesses to its shareholders and the public to provide false or concealing important facts of financial accounting reports, or which shall be disclosed in accordance with the provisions of other important information is not disclosed serious harm to the shareholders or other the interests, or there are other serious circumstances, their officers directly in charge and other directly responsible personnel of three years imprisonment or criminal detention and a fine, or a single Department year-end million or above 200,000 yuan fine. "
According to reports, this provision in addition to applying to listed companies, also applies under the Company Law, Securities Law, Securities Investment Fund Law and other laws, has a statutory obligation to issue bonds information disclosure of companies, enterprises, sale of securities investment funds share of the fund management companies.
A maximum penalty of ten years of market manipulation
Manipulation of the draft securities and futures markets to make such acts a more severe punishment measures: there is manipulation of the securities and futures markets one of the circumstances, the circumstances are serious, five-year fixed-term imprisonment or criminal detention, and impose a penalty or a single payment; the circumstances are especially serious , and at least five to ten years imprisonment and a fine. These acts include:
Alone or in collusion, centralized financial advantage, holding or position, or the use of information superiority advantage of the joint, or a continuous trading, manipulation of securities, futures prices or securities and futures trading volume;
Collude with others in order to pre-agreed time, price and manner with each other to engage in securities, futures, affecting securities, futures prices or trading volume;
Of actual control in their own securities transactions between accounts, or funds trading partners, since purchased from selling futures contracts, affecting securities, futures prices or trading volume;
And otherwise manipulate the securities and futures market.
Misappropriation of clients funds will be Huoxing
The draft breach of fiduciary duty of financial institutions, illegal use of customer funds and commissioned by the trust property offenses: commercial banks, stock exchanges, futures exchanges, securities companies, futures brokerage companies, insurance companies or other financial institutions, and breach of fiduciary duty , unauthorized use of client funds or any other commission, the trust property, the circumstances are serious, the unit will be fined, and its directly responsible person in charge and other directly responsible personnel of three years imprisonment or criminal detention, and impose a 30 thousand yuan a fine of more than 300,000 yuan; the circumstances are particularly serious, three to ten years imprisonment, and impose a fine of 500,000 yuan more than 50000.
In addition, the social security fund management institutions, housing provident fund management institutions and other public capital management, regulatory agencies, as well as insurance companies, insurance asset management companies, securities investment fund management companies, the use of funds in violation of state regulations, its directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the preceding paragraph.
