(Original title: ST Haiyue postponed the reply to the exchange’s annual report inquiry letter for the third time, and an investor won the second instance of the previous claim case)
Recently,ST Haiyue (600387)An announcement was issued about another postponement of the reply to the Shanghai Stock Exchange’s 2022 Annual Report Information Disclosure Supervision Inquiry Letter. As of the close of trading on June 27, this is the third time the company has postponed the reply to the “Inquiry Letter”.
Previously, the Shanghai Stock Exchange had issued an “Inquiry Letter” to ST Haiyue. Among them, ST Haiyue is required to additionally disclose the relevant situation of non-operating capital occupation, supplementary disclosure of major defects in the company’s internal control, reasons for capital occupation in the short term, progress in rectification of related problems, internal accountability, etc., and comprehensive self-examination Whether there are other undisclosed funds that actually flow to the controlling shareholder, actual controller and its related parties, and whether it constitutes a non-operating fund occupation that infringes the interests of the listed company.
After receiving the annual report inquiry letter from the Shanghai Stock Exchange, ST Haiyue announced three consecutive times on June 3, June 10, and June 17 that it would postpone the reply to the “Inquiry Letter”. Regarding the reason for the postponement, ST Haiyue announced that because some matters involved in the “Inquiry Letter” still need to be further supplemented and improved, the company cannot reply within the scheduled time.
In addition, on June 6, ST Haiyue issued an announcement that the company recently received a decision on administrative supervision measures from the Zhejiang Supervision Bureau of the China Securities Regulatory Commission “About Haiyue Energy Group Co., Ltd., Tongchuan Huinengxin Energy Co., Ltd., Wang Bin , Zeng Jia’s decision to issue a warning letter”.
After investigation, ST Haiyue had the following violations: 1. Non-operating capital occupation was not disclosed in time. The cumulative amount of capital occupation in 2022 was 554 million yuan, and the balance of capital occupation at the end of 2022 was 356 million yuan. The company failed to perform its information disclosure obligations in a timely manner as required. 2. Inaccurate disclosure of financial information. Failure to adopt the net method to recognize revenue for some of the company’s 2022 trading business in accordance with the nature of the business has resulted in misstatement of operating income in the company’s 2022 first quarter report, semi-annual report, and third quarter report. The above-mentioned behavior violated the relevant regulations, and Wang Bin, the chairman and chief financial officer of the company, and Zeng Jia, the general manager and secretary of the board of directors, were mainly responsible for the above-mentioned violations. According to the regulations, the Zhejiang Securities Regulatory Bureau decided to take administrative supervision measures to issue warning letters to Haiyue Energy, Tongchuan Huinengxin, Wang Bin, and Zeng Jia, the company’s controlling shareholders, and record them in the integrity file of the securities and futures market.
As early as November 11, 2022, ST Haiyue was also punished by supervision due to the occupation of non-operating funds. The China Securities Regulatory Commission found that the company had several non-operating related transactions with Hainan Chengmu, Hainan Xiyue, and Hainan Kesai in 2020, occupying a total of 1.983 billion yuan of funds, but did not disclose it to the secondary market as required. Subsequently, ST Haiyue was administratively punished by the China Securities Regulatory Commission.
Based on the two violations of laws and regulations ascertained above, Xie Baoping of Jiangsu Qindian Law FirmThe lawyer provided investors with two claimable time periods. Investors who meet any of the following conditions can participate in the claim: 1. Buy ST Haiyue shares between February 27, 2020 and April 29, 2021 , and those who sell or continue to hold after April 30, 2021 (including the day), the statute of limitations for this case is April 30, 2024, and investors have already received the first-instance and second-instance judgments; 2 、 For those who bought ST Haiyue shares between January 1, 2022 and April 28, 2023, and sold or continued to hold them after May 5, 2023 (including the day), the deadline for litigation in this case for May 4, 2026.Investors who meet the above conditions can register through the WeChat public account “Popular Securities News” (feature code: 55)File a claim against the company in accordance with the law, and investors do not need to pay any fees before receiving compensation.
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