2018-2020 white paper on administrative and criminal risks of listed companies released in Shanghai

Release time:2020-09-18 16:07
On September 16, Beijing DHH Law Firm (hereinafter referred to as “DHH”), and LexisNexis, a world-renowned legal database, co-sponsored the "2018-2020 Chinese Listed Companies and Executive Administration The Press Conference of "White Paper on Punishment Cases, Criminal-related and Risk Prevention Series Research Reports" was held in DHH Shanghai Office. A number of listed company executives, corporate legal affairs, listed company service agencies, major domestic media, and academics from universities and colleges attended the grand press conference.


As a product of the rapid economic development of our country since the reform and opening up, listed companies are playing an increasingly important role in the market economy. In recent years, the number of administrative penalties and criminal cases involving listed companies and senior executives has increased, which has aroused public attention with a greater impact on the corporate operational development and capital market performance. As a professional firm serving listed companies, DHH adheres to the business development direction of "serving for listed companies and serving companies for listing". Following the release of the 2016-2017 white papers on administrative and criminal penalties for listed companies, the two white papers released this time summarizing all the administrative penalty cases and the criminal cases of listed company executives involving listed companies on the Chinese Main Board and the New Third Board from 2018 to June 2020.


Conference scene

Two major products, heavy release

This press conference invited the Dean of Shanghai University Law School and Professor Wen Xueguo, an expert in economic law, as special guests. Senior partners of DHH Law Firm Ding Xu, Tang Huadong, Zhang Bing, Mao Hongtao, Yang Zhenwei Lawyer and partner A Zhen, and DHH Executive Vice President Luan Shan attended the meeting. The event also invited many media representatives such as Shanghai Securities News, Legal Affairs Network, Shanghai Rule of Law, China Economic Weekly, Xinmin Evening News, Shanghai First Financial, Zhihe, PR News Agency and other media.


Host: Lawyer Ding Xu

The press conference was hosted by Ding Xu, Director of the Securities Business Center of DHH. The speaker Tang Huadong, on behalf of the service center of listed companies of the group, extended a warm welcome to the online and offline guests participating in this conference.


Speaker: Lawyer Tang Huadong

What are the regular characteristics of the high incidence of administrative penalties for listed companies and executives?

The 2018-2020 China Listed Companies and Executives' Administrative Punishment Research Report White Paper" was introduced and released by Zhang Bing, a senior partner of Beijing DHH Law Firm and Director of the Professional Committee for Listed Companies and Securities Dispute Resolution. The report is based on the changes in the regulatory concept of lenient entry and strict management in the Chinese securities market in recent years and the implementation of legal, comprehensive and strict regulatory policies. It targets the high incidence of administrative punishments of listed companies and executives. The dual dimension of such punishments visually displays the overview of administrative punishments of listed companies and senior executives, and directly hits the pain points of administrative punishments of listed companies and senior executives in the form of data analysis, and combines the current typical cases with great social influence to deeply analyze the hidden behind the cases. Legal issues condense the rules and characteristics of administrative punishments for listed companies and senior executives. With years of experience in handling cases and the accumulation of professional knowledge of the team, Mr. Zhang Bing has put forward practical prevention suggestions and solutions to the urgent needs of listed companies and senior management to prevent administrative legal risks, with a view to improving compliance management and upgrading of listed companies with effective guidance.


Lawyer Zhang Bing Published the Report

Why do people at the helm of listed companies frequently involve in punishment?

Lawyer Mao Hongtao, a national outstanding lawyer and the author of the white paper, introduced and released the "2018-2020 China Listed Company Executive Criminal Involvement and Risk Prevention Research Report White Paper". From a macro perspective, Lawyer Mao introduced the major changes in Chinese securities and capital markets in the new era. Both the Central Leading Group for Comprehensively Deepening Reform and the Central Economic Work Conference have clearly stated that a standardized and transparent capital market should be created. The reform of the registration system for the Science and Technology Innovation Board and the Growth Enterprise Market is also being steadily implemented. The focus of securities supervision is gradually becoming supervision during the event and punishment after the event undoubtedly put forward higher requirements on the quality of listed companies. Securities crimes such as financial fraud, fraudulent issuance, illegal letter disclosure, insider trading, and market manipulation will become the focus of criminal combat.


Lawyer Mao Hongtao released the report

Lawyer Mao Hongtao made a comprehensive interpretation of the main content of the criminal report from three dimensions: data analysis, case interpretation and prevention suggestions. Finally, Lawyer Mao Hongtao focused on the criminal legal risks, needs and solutions faced by executives of listed companies in China. Mao Hongtao’s team of lawyers summarized seven common and high-incidence types of criminal risks faced by listed companies and executives in China. Based on how to effectively meet the criminal legal needs of listed companies and executives, they proposed criminal defense, criminal prosecution, and criminal  comprehensive legal service plan including risk prevention, crisis management and major difficult dispute resolution, including one-specialty, multi-function, team collaboration, and cross-regional cooperation.

The tortuous return of Chinese concept stocks

"Ringing the bell" for listing overseas was once a glorious moment that countless companies yearn for, but there is trouble for the recent overseas listing of Chinese concept stock companies. In order to help these companies find solutions, Lawyer A Zhen, who focuses on overseas listing business, gave a speech entitled "China Concept Stocks: The Way to Relieve and the Way to Home" at the press conference. Lawyer A Zhen conducted a thorough analysis of the current difficulties of China Concept Stocks, elaborated on the challenges of legislation, policies, supervision, class actions, and the difficulty of dismantling overseas structures in the path, and recommended the best China Concept stock rescue plan.


Keynote Speech by Lawyer A Zhen on "China Concept Stocks: The Way to Relieve and the Way to Home"

"Compliance" is not in place, listed companies are trapped in a minefield

As a "bomb disposal expert" for listed companies, Lawyer Yang Zhenwei, a senior partner of Beijing DHH Law Firm, pointed out the "thunders" planted by listed companies due to inadequate compliance and even "false compliance" at the press conference. Operations such as performance, stock prices, transactions, information disclosure, management, mergers and acquisitions, and cashing out are all likely to become risk points that will blow up the corporate value in the future. Paying attention to fiscal and tax risks and increasing investment in compliance are effective guarantees for listed companies and senior executives to avoid minefields in a reasonable and effective manner.


Keynote Speech by Lawyer Yang Zhenwei "The Thunder of "Compliance", How to Resolve Listed Companies"

The press conference was finally summarized by Professor Wen Xueguo, Dean of Law School of Shanghai University. Professor Wen expressed heartfelt congratulations on the successful holding of the two white papers, and put forward prospects and expectations for the supervision system and legal operation of listed companies.


Concluding speech by Professor Wen Xueguo

Listed companies represent the most advanced level of corporate governance in China. With the strengthening of supervision, the governance and compliance of listed companies are at a new historical starting point. In the face of new opportunities and challenges, DHH and LexisNexis will work with every listed company. The company moves forward together and provides the most valuable services for listed companies with professionalism and concentration.

 
 

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