pennpursuit38000reel|603001奥康国际被处罚预告，股民索赔可期

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On April 30, 2024, Zhejiang Aokang shoes Co., Ltd. (abbreviated asPennpursuit38000reel: Aokang International, ST Aokang (Rights Protection), Code: 603001) issued "notice in advance of Administrative punishment received by Zhejiang Securities Supervision Bureau"Pennpursuit38000reelThe announcement of ".

Found out by the Zhejiang Securities Regulatory Bureau of China Securities Regulatory Commission, the facts of the parties suspected of violating the law are as follows: from 2021 to 2022, under the organization and arrangement of Wang Zhentao, the actual controller and chairman of Aokang shares, Aokang shares transferred the company's funds to Wenzhou Ouhainan White Elephant such as Fei Shoe clothing Store and Yongjia County Auguang Shoe Store controlled by Wang Zhentao, and the above acts constitute the occupation of non-operating funds by the actual controller and its related parties. From 2021 to April 2023, Wang Zhentao used the influence of listed companies to negotiate with dealers who remitted the money to the bank accounts of Wenzhou Ouhainan White Elephant Elephant clothing Store and Yongjia County Auguang Shoe Store controlled by Wang Zhentao, resulting in a lag in the time for dealers to return money to listed companies. The above-mentioned behavior belongs to the transfer of resources or obligations between the listed company and the related party and constitutes a related party transaction. The above information has not been disclosed in a timely manner in accordance with the regulations, nor has it been truly, accurately and fully disclosed in the 2021 annual report, 2022 annual report, 2023 semi-annual report and other reports. Therefore, the Zhejiang Securities Regulatory Bureau of the China Securities Regulatory Commission intends to decide to order corrections, give warnings and impose fines on Aokang International and related responsible personnel.

On March 16, 2024, Aokang International issued the announcement that the company and its actual controllers had received the notification letter filed by the China Securities Regulatory Commission. On the same day, Aokang International issued a notice about the company and related personnel receiving a warning letter from the Zhejiang Regulatory Administration.

According to the provisions of the Civil Code, the Securities Law and the judicial interpretation of civil compensation for misrepresentation issued by the Supreme people's Court, listed companies, controlling shareholders, actual controllers, board supervisors and their intermediaries who cause damage to the rights and interests of securities investors due to securities fraud such as misrepresentation shall bear civil liability for compensation, including the loss of investment difference, commission, stamp duty and interest. A securities investor whose rights and interests are impaired may file a civil compensation action in a court with jurisdiction.

Because Aokang International was suspected of violating the laws and regulations in information disclosure, he was punished by the China Securities Regulatory Commission. In order to safeguard the legitimate rights and interests of securities investors, Song Yixin, a lawyer from Shanghai Hanlian Law firm, launched a litigation agent to solicit claims from securities investors who had bought Aokang International, and securities investors whose rights and interests were damaged may register their claims with the above-mentioned lawyers.

Song Yixin, a lawyer, believes that the claim conditions of the Aokang International case are as follows: a damaged investor who buys public products in the securities market such as Aokang International stocks or bonds between April 26, 2022 and April 24, 2023, and sells or continues to hold them on or after April 25, 2023, can apply for claim registration.

★ (lawyer's hint and explanation of the case)

1. The claim conditions mentioned above are for reference only and do not involve any securities investment decisions and securities trading suggestions of investors. The final conditions of the claim will be further adjusted according to the conclusion of the administrative penalty of the China Securities Regulatory Commission, and shall be subject to the legal time, the object of compensation, the scope of compensation, the standard of compensation and the method of accounting calculation determined by the judgment of the relevant court.

2. After the cancellation of the precondition characterized by the decision of administrative penalty, although investors can sue directly, due to the limited means of investigation, there is a risk of losing the lawsuit based on the notice of filing investigation or the decision of administrative supervision measures. Therefore, as a professional lawyer, I remind investors that the decision on administrative penalty should still be one of the necessary prerequisites for filing a lawsuit.

3. In the civil tort lawsuit to be filed, whether the listed company is delisted or not does not affect the process of civil claim tort litigation, but it may affect the progress of litigation. Entering the bankruptcy proceedings (including reorganization, pre-reorganization or liquidation) may affect the progress of the proceedings. In the event of a representative action, you may choose to participate or not to participate, join or withdraw.

4. Investor claim registration or pre-registration shall provide the following materials: (1) A copy of the "ID card". (2) the original confirmation form of account opening Information of Securities account (affixed with the seal of the business department of the securities company). (3) the original "Securities Trading record" from the first purchase of the stock / bond / warrant, etc. (affixed with the seal of the business department of the securities company).

(this article is contributed by Song Yixin, a lawyer from Shanghai Hanlian Law firm, and does not represent the views of Sina Finance. Song Yixin, a lawyer, has been practicing as a lawyer since 1992 and is now a partner of Shanghai Hanlian Law firm. The service areas mainly include legal services in capital market, securities market, financial market and the protection of the rights and interests of investors / financial consumers. Up to now, he has provided legal services for more than 10000 securities litigation or shareholder disputes. He has edited books such as the principle and practice of Securities Law, the practical Handbook of Securities Civil compensation, the Protection of Stock Market Rights, the Compendium of Judicial documents on China's Securities Civil compensation cases, Directors' liability Insurance and the Protection of investors' Rights and interests. License No.: 13101199210628065)