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3•15 Investor Protection | Investor Protection Is Right Here—Safeguarding Your Rights and Preventing Risks
March 15 International Consumer Rights Day
World Consumer Rights Day is observed annually on March 15. It was designated as an international holiday in 1983 by the International Consumers Alliance, with the aim of raising awareness about consumer rights protection and ensuring that consumer rights receive due attention worldwide. This day also seeks to promote cooperation and exchange among consumer organizations across countries and regions, thereby better safeguarding consumer rights on an international scale.
March 15 Sharing of Typical Cases in Investor Protection
Case 1: Shareholder’s Subrogation Lawsuit Against Senior Management of Dahui for Damaging the Company’s Interests
2023 On February 20, the first nationwide shareholder derivative lawsuit initiated by the China Securities Investor Services Center—the dispute over alleged harm to the company’s interests committed by directors and senior executives of Shanghai Dashizhi Co., Ltd. (hereinafter referred to as “Dashizhi”)—was successfully settled through mediation. The controlling shareholder and former Chairman and General Manager, Zhang Mouhong, fully compensated the plaintiff the claimed amount of 861,400 yuan, plus court fees and attorney’s fees. All the claims brought by the plaintiff, the Investor Services Center, were fully satisfied, and the Shanghai Financial Court ruled to allow the plaintiff to withdraw its lawsuit. On the same day, the ancillary lawsuit filed by Dashizhi against its directors and senior executives seeking reimbursement was also smoothly settled in court. As a result, Dashizhi will collectively receive approximately 335 million yuan in compensation from both cases. This case marks the first shareholder derivative lawsuit ever brought by an investor protection organization nationwide, and also represents the first instance in China where an investor protection organization has filed a claim against directors and senior executives of a listed company following a court judgment ordering the company to bear civil liability for securities fraud. By initiating this derivative lawsuit, the case has effectively served as a deterrent to the “key few” and held the “ringleaders” accountable, while avoiding secondary harm to the existing shareholders of the listed company. This case is a concrete manifestation of the coordinated efforts between financial justice and regulatory oversight, and it provides an exemplary model for striking a better balance between the interests of listed companies and investor protection.
Case 2: The Judicial Restructuring of Tsinghua Unigroup
Due to its earlier reckless mergers and acquisitions and expansion, Unigroup fell into a liquidity crisis and faced debt risks that came to a head at the end of 2020. In July 2022, Unigroup’s restructuring plan was successfully completed. Priority claims and ordinary claims below 1.2 million yuan were fully repaid in cash, with an overall repayment rate exceeding 95%. The judicial restructuring process of Unigroup was conducted in a standardized and transparent manner, ensuring stable and orderly business operations. Meanwhile, the bond trustee, acting on behalf of bondholders, joined the Bondholders’ Committee, and bondholder representatives participated in the selection of strategic investors, thereby maximizing bondholders’ rights to information, participation, and decision-making. Furthermore, by bringing in strategic investors, the level of professionalism in the restructuring was significantly enhanced. Through rule-of-law-based measures, Unigroup’s judicial restructuring effectively protected the legitimate rights and interests of investors, successfully resolved the risk of bond defaults, and has set a positive example for similar cases.
Case 3: Xian Yan’s Civil Tort Compensation Case for Manipulating the Securities Market
2022 In October of this year, in the civil tort case brought by 13 plaintiff investors against the defendant Xian Yan for manipulating the securities market, the Shanghai Financial Court, in accordance with the principle of priority for civil compensation established under the Securities Law, took corresponding preservation measures on the fines and confiscations imposed in the criminal case against Xian Yan, ensuring that these funds would be used first to satisfy the compensation liabilities determined by the civil judgment. In the first-instance judgment, Xian Yan was ordered to compensate the investors for losses exceeding 4.7 million yuan. Currently, the preserved funds have been fully executed, maximizing the redress of rights for small and medium-sized investors. This case successfully put into practice the Securities Law’s provision on the priority of civil compensation and represents the nation’s first securities tort case to effectively implement the principle of prioritizing civil compensation liability. Together with the administrative supervision by the Shanghai Securities Regulatory Bureau and the criminal judgments handed down by judicial authorities, this case forms a multi-dimensional accountability framework targeting perpetrators of securities market crimes. It serves as an important benchmark for building a comprehensive investor protection system—characterized by “large-scale investor protection” and “full-chain coverage”—and plays a crucial role in further safeguarding investors’ legitimate rights and interests and boosting their confidence.
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