Supreme Court and Securities Regulatory Commission: If a listed company is delisted and investors incur losses due to illegal acts such as false statements, they can file civil compensation lawsuits in accordance with the law.

date
15/05/2025
The Supreme Court and the China Securities Regulatory Commission jointly issued the "Guiding Opinions on Strict and Fair Law Enforcement and Judicial Service to Guarantee the High-quality Development of the Capital Market". It mentioned that the quality of listed companies should be improved by promoting the handling of cases. Listed companies are the foundation of the market, and enhancing the quality of listed companies is key to the high-quality development of the capital market. It is necessary to lawfully crackdown on hidden capital violations, illegal wealth creation, ensure that information disclosure and statements regarding shareholders and actual controllers of issuers are true, accurate, and complete, and invalidate agreements involving illegal shareholding proxies and benefit transfers. The court should determine invalidity in accordance with the degree of fault on both sides and transfer illegal clues to relevant departments. It is essential to lawfully support shareholders in actively exercising their rights, accurately determine the reasonable boundaries for board review of shareholders' interim proposals, and promote standardized corporate governance. Lawful support should be provided for the merger and reorganization of listed companies. If the anti-acquisition clauses in the articles of association of listed companies violate laws and administrative regulations, the court should determine them invalid according to law. In cases of delisting of listed companies, investors can file civil compensation lawsuits if they suffer losses due to false statements or other illegal activities. Listed company bankruptcy and reorganization cases should be carefully and prudently handled according to law, effectively improving the company's operational capability, optimizing core business and asset structures, resolving debt and operational crises, and achieving sustainable development of the company.
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