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Investor Protection Knowledge Class
On April 3, 2019, in order to further promote a culture of rational investment and effectively safeguard the legitimate rights and interests of investors, the China Securities Regulatory Commission decided to designate May 15 of each year as “National Investor Protection Publicity Day.”
I. Shareholder Rights That Small and Medium-Sized Investors Must Know
Securities investor rights refer to the collective term for all rights arising from securities investment activities. At the heart of these rights are shareholder rights. Once an investor purchases shares of a publicly listed company, they become a shareholder of that company and enjoy the fundamental rights of a shareholder in a public company.
According to China's Company Law, shareholders of a company are legally entitled to rights such as receiving asset returns, participating in major decision-making, and selecting managers. The principal rights of shareholders of listed companies include the right to information, the right to vote, the right to make suggestions and raise inquiries, the right to distribution of profits, the right to distribution of remaining assets, the right to bring lawsuits to revoke resolutions passed by the general meeting of shareholders and the board of directors, the right to file direct shareholder lawsuits, the right to request share repurchases, the right to nominate independent directors, the right to submit proposals, the right to bring derivative lawsuits on behalf of the company, the right to request an extraordinary general meeting, the right to convene and chair general meetings, and the right to request the dissolution of the company.
II. How to Actively Exercise Investor Rights
Investors who hold shares in a listed company can exercise their shareholder rights:
1. Investors can access important information about listed companies—including their periodic reports, updates on financing or trading activities, details of key meetings and resolutions, and personnel changes—through various announcement platforms. These platforms include: Cninfo.com, the official website of the China Securities Regulatory Commission, the official website of the Shanghai Stock Exchange, the official website of the Shenzhen Stock Exchange, the official websites of individual securities firms, and their trading software.
2. If you’d like to offer input on the company’s profit distribution, you can pay attention to the release of dividend proposals by listed companies and the holding of annual general meetings. You can express your views and exercise your shareholder rights through methods such as telephone suggestions or voting.
3. If you cannot exercise your rights on-site, you can cast your vote via online polling and exercise your rights rationally.
(1) Voting Platforms: Exchange trading system, Internet voting system (SZSE: wltp.cninfo.com.cn).
(2) Voting Hours: 9:15 a.m. to 3:00 p.m. on the day the shareholders’ meeting is held (SSE); the internet voting system will begin voting at 9:15 a.m. on the day of the shareholders’ meeting and will end at 3:00 p.m. on the day the in-person shareholders’ meeting concludes (SZSE).
(3) Login Authentication: All shareholders registered on the record date for equity registration at the shareholders’ meeting are entitled to log in to the internet voting platform to authenticate their shareholder identity and exercise their voting rights through online voting.
III. Main Approaches to Protecting Investors’ Rights
After investors’ rights and interests have been infringed upon, the main avenues available for protecting their rights include:
1. Negotiation. Among all methods of resolving disputes, negotiation is the most direct, cost-effective, and often the most efficient approach. As a general rule, negotiation should be the first step in addressing a dispute; only when negotiation fails to produce a resolution should other methods be considered. When investors and securities firms are involved in a dispute, they should also first attempt to resolve it through negotiation. Both parties should adhere to the principles of mutual understanding and factual truthfulness, striving to find a mutually acceptable self-resolution.
2. Mediation. Mediation refers to the process in which investors submit their disputed matters to a relevant institution, which then assists them in reaching a settlement agreement. In the case of a proposed motion, mediation may be conducted under the auspices of the securities regulatory authority, the securities industry association, the stock exchange, or a mediator mutually recognized by both parties. After mediation and reaching consensus on the relevant issues, a mediation record or a mediation agreement may be prepared and signed and sealed by the parties involved and the mediator.
3. Complaints. If you believe your legitimate rights and interests have been infringed upon, you may file a complaint with the relevant competent authority and request a resolution. You can lodge a complaint with the China Securities Regulatory Commission or its local branches. Stock exchanges also have the responsibility of supervising their members and listed companies. Both the Shanghai Stock Exchange and the Shenzhen Stock Exchange have dedicated departments that accept complaints from securities investors.
4. Reporting. The China Securities Regulatory Commission has established a Reporting Center for Illegal and Non-compliant Activities in Securities and Futures, which is responsible for receiving and reviewing reports, initiating investigations, and administering reward programs for whistleblowers. If a whistleblower submits a report to any of the CSRC’s local bureaus, that bureau will be responsible for receiving, reviewing, and investigating the report. Whistleblowers may submit reports—either in their real names or anonymously—to the CSRC and its local bureaus via the dedicated reporting section on the CSRC’s website, by telephone, by mail, or through personal visits, reporting alleged violations of securities and futures laws and administrative regulations committed by individuals or entities.
5. Arbitration. Arbitration refers to a dispute-resolution method in which the parties, either prior to or following the occurrence of a dispute, reach an agreement to voluntarily submit their dispute to a third party (an arbitration institution) for a binding decision. Both parties are obligated to conscientiously comply with the arbitration award. Arbitration operates under a “one-instance finality” system, and the arbitration award carries legal enforceability against the parties involved. If a party fails to comply, the other party may apply to the court for enforcement.
6. Litigation. Commonly referred to as “filing a lawsuit,” litigation involves bringing a case before a court with jurisdiction in order to seek judicial relief. A court judgment is authoritative and enforceable, and the parties involved must comply with and execute it accordingly.