Lawyers about CHANGHONG "false doors" recommendations as soon as possible the results of the survey

According to report material summarized statistics, Sichuan Changhong false sales revenue of approximately $ 5 billion. After he was slain from CHANGHONG 2008 accounts have a problem. However, CHANGHONG himself finds historical financial report is true, accurate and complete. This report has been accepted by the relevant regulatory authorities, Sichuan Changhong "false doors" is true or false, and on the other hand need CHANGHONG from permit innocent, on the other hand also needs a regulatory body to investors. If false, CHANGHONG will go from here?

Old electrical appliances mixer Sichuan Changhong (600839) recently because of the "false doors" and public concern. Especially the hand its stock investors, more is going to pay special attention to. But it is said that the Commission had to Sichuan Changhong financial aspects related to report transfers from their sending organisations – Sichuan Zhengjianju. Sichuan Zhengjianju was the first business day after the Spring Festival officially accepted the report.

But in the recent Sina financial questionnaire, 78.9% of respondents think the Sichuan Changhong exist financial fraud, 87.5% of respondents believe that financial fraud in A stock market is a universal phenomenon.

Because of false income CHANGHONG events in the future is likely to involve legal level of content, the securities Journal reporters went out in the few days interviewed experts in the field of securities law.

CHANGHONG or will face three areas of responsibility

Renmin University of China School of law professor told reporters of liujunhai said: "if finally finds the existence of financial problems, CHANGHONG so CHANGHONG will face three areas of responsibility: the first is the civil responsibility, CHANGHONG false statements and loss of investor may initiate proceedings; Secondly, the administrative responsibility, the China Securities Regulatory Commission on CHANGHONG company breaches of punishment; the last is the criminal liability, if false event involves the leadership at the company, so as to constitute a crime, you should investigate the appropriate criminal responsibility. ”

If the false income CHANGHONG confirmed, then its 2009 issue bonds of legitimacy cannot be guaranteed, according to the issuing of securities under the companies act managerial approaches, listed bonds Act requires public companies recently 36 months of the financial accounting document no misrepresentation. This will result in severe civil responsibility CHANGHONG. A lawyer pointed out that, in accordance with the relevant provisions of the Securities Act, CHANGHONG has the potential to more than 30 million Yuan, the following fines 1.5 million.

However Liujunhai Professor: "If you really have a problem, CHANGHONG, although during the sale of shares of shareholders CHANGHONG has the right to sue, but like all compensation is almost impossible. "Famous rights lawyer Yan ming said:" for CHANGHONG financial fraud controversy, whether out of investors ' interests or the stability of the market, competent authorities should investigate as soon as possible. If not involve fraud, so investors can feel at ease, but once you really have a problem, it will also contribute to the follow-up to the expanded, including administrative, criminal liability of civil liability, etc. ”

No limitation of reconciliation no possible

But since this false income occurred in 1998, today there are already 10 years, many people do not know the right people if they have the right to sue. In this regard, Professor Liujunhai said: "the right person who can prove his prosecution of the content is only know or should know, within two years of litigation will not have problems. "Yan Ming lawyers also stated:" only the competent authorities make appropriate punishment, the lawsuit will start to run, so it does not involve more than the issue of limitation of actions. ”

In addition, in response to the Sichuan Changhong clarifications reports, Yan Ming lawyer thinks: "informer listed some things are very specific, but in Sichuan Changhong clarification announcement has not seen any response to these specific issues, so this clarification announcement is not sufficient to eliminate the mass especially holding CHANGHONG stock investors. ”

However, Yan ming also stated that the understanding of the faith, CHANGHONG has not given specific explanation may be due at the time such a short period of time can not be given a copy of the corresponding detailed audit reports, does not exclude CHANGHONG for the stability of the market, to make a clarification in the early first, then a few days through the Office of audit for a sufficiently convincing data description.

But before that, it is said, according to informed sources provide new evidence of the two, to prove that Sichuan Changhong attempted through seizure van der have a set of house property right certificate as conditions require its silence, then both parties if there is a possibility of reconciliation?

For both sides to the issue of reconciliation, Yan ming said: "the Basic does not exist the possibility of reconciliation. After all, the Commission has begun an investigation, if the financial problems really CHANGHONG, then to its reconciliation is not just a van der are. Sichuan Changhong as a public company, this question is like all the shareholders. If only one person van der have, certainly no reconciliation with its majority shareholder interests. ”

There are lawyers said that the Commission has now opened an investigation into this matter, van der attitude is to assist in an investigation will affect the course of events, but not about things, because personal evidence can only be a small part of the Commission's investigation will continue.

08 billion false or different data diameter

But recently it has made new progress, although CHANGHONG in 26 clarification announcement, claiming that its financial indicators 1998 are true and complete, but on behalf of the shareholders Sue wuliangye tax evasion of lawyers and stringing, CHANGHONG 2008 annual disclosure vulnerability disclosure of costs, fees of approximately 155 million difference, CHANGHONG 2008 may exist at the same false operating income and

Costs, costs $ 10 billion.

But many professionals so-called 2008 financial problems, most likely because the different data-diameter of misunderstanding. After all, now on very strict supervision of listed companies, the regulation also requires the data to speak, so it's almost impossible to appear so serious a fictitious financial data, and any CPA firms are not afraid to do so. But the end result also has related to that of the competent bodies. Currently, no authoritative evidence or public information can prove Sichuan Changhong annual report fraud. But for the most recent challenge, Sichuan Changhong Spokesman Liu also told reporters: "company 26 clarification announcement had been made, we notice the calendar year are true, complete, disclosure of information for all listed companies to notice. ”