Responsibility of Intermediaries from the Case of Zeda and Amethyst
DOI:
https://doi.org/10.5281/zenodo.12684220Keywords:
Intermediary organization, Misrepresentation, Liability boundaryAbstract
The full implementation of the registration system provides more enterprises with listing opportunities, but also brings greater tests to the information disclosure system of the securities market. The change from the approval system to the registration system makes the intermediary assume the role of the gatekeeper of the information disclosure. Under the current attitude of the CSRC, issuers and intermediaries have been punished in an endless stream of news. Under false statements, how to punish the perpetrator and how to make up for the loss of the victim is the focus of the incident handling. The Amethyst Storage case and the Zeda Essence case, as recent typical cases, are also the first cases of fraudulent issuance and settlement of the science and technology board in China. The handling of the responsible personnel in the case and the application of the system of advance compensation and parties' commitment are of great value to the research on the liability of intermediaries.
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References
Gu Gongyong, Chen Xinmiao, "On the Civil Liability of Securities Intermediaries in Misrepresentation Cases," in Journal of China University of Political Science and Law, No. 2, 2024.
Chen Jie, "The hierarchical construction of the responsibility boundary of intermediaries under the full registration system," in Securities Market Herald, No. 1, 2024.
Zhang Baosheng, "Precisely Defining Intermediaries' Civil Liability for Misrepresentation," in China Finance, No. 10, 2023.
Ren Xiaomin, "Surveillance and Reform of Joint and Several Liability of Misrepresentation Intermediaries," in Finance and Economics Law, No. 6, 2022.
Zheng Bohan, "Study on the Boundary of Civil Liability of Intermediaries for Securities Misrepresentation under the Registration System--Taking 120 Judicial Documents and 60 Administrative Penalties as Samples", in Financial Law Court, No. 3, 2021.
Guo Li, “The Configuration of Legal Duties of Intermediaries in the Securities Market”, in Journal of Nanjing Agricultural University (Social Science Edition), No. 1, 2011.
Liu Yiwen, "Amethyst Storage's $1 Billion Special Payout Enters the Filing Stage", in Securities Times, June 5, 2023.
Song Jie, "Shareholders Win! The First Chinese Securities Class Action Settlement," in China Economic Weekly, Jan. 15, 2024.
Zan Xiuli: "Promoting Three-dimensional Punishment for Fraudulent Issuance and Other Criminal Acts," in China Securities Journal, April 22, 2023.
Jin Zhuangzhuang.:Zeda Essence Case Review and Significance Analysis. https://mp.weixin.qq.com/s/4bgaytvrTnhth9hJM4BOYw.
Liu Zhiyun, Shi Xinyuan, “On the Rational Relegation of the Role of Securities Market Intermediaries as ‘Gatekeepers’”, in Modern Law, Issue 4, 2017.
Ding Yuxiang, “The Spreading Effect of Canceling the Preliminary Procedure for Securities Misrepresentation and Its Handling”, in Finance and Economics Law, 5, 2021.
Zhou Weiqing, “Research on Civil Liability for Misrepresentation of Issuers and Intermediaries under IPO Registration System”, in Securities Market Herald, No. 4, 2021.
HONG Guosheng, “Liability for Negligent Misrepresentation of Securities Service Organizations under the Scope of Obligation Theory”, in Legal Studies, No. 5, 2022.
Li Ningtian, “Civil Liability of U.S. Securities Trading Intermediaries in Securities Fraud”, in Modern Law, No. 4, 2017.
Miao Yinzhi, “The Constitutive Elements and Limitation of Liability of Auditor Liability in Securities Misrepresentation Compensation”, in Financial Economic Law Journal, No. 2, 2021.
Zhang Baosheng and Niu Xinyu, "Accurately Determining Intermediaries' Civil Liability for Misrepresentation," in China Finance, Vol. 5, No. 5, 2023.
China Securities Regulatory Commission. China Securities Regulatory Commission Administrative Penalty Decision (Amethyst and Related Responsible Persons). http://www.csrc.gov.cn/csrc/c101928/c7404371/content.shtml.
China Securities Regulatory Commission. Decision on Administrative Punishment of China Securities Regulatory Commission (Zeda ECS and Relevant Responsible Persons). http://www.csrc.gov.cn/csrc/c101928/c7404371/content.shtml.
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Copyright (c) 2024 Yanchen Zhang (Author)
This work is licensed under a Creative Commons Attribution 4.0 International License.
