Xingyue information Xinpi’s illegal actual accuser fined 900000 yuan

According to the decision on administrative punishment of Shanghai regulatory bureau of China Securities Regulatory Commission (Hu [2020] No. 32) recently released on the website of China Securities Regulatory Commission, it is found that Xingyue Information Technology Co., Ltd. (hereinafter referred to as “Xingyue information”, 430357, delisted) has the following illegal facts: < / P > < p > on June 25, 2014, the then chairman, controlling shareholder and actual shareholder of the company Xu enqi, the controller, signed a personal loan contract with Shanghai Pudong Development Bank, borrowing 19 million yuan for personal operation. On June 25, 2014, Xingyue information signed a “maximum guarantee contract” with Shanghai Pudong Development Bank with a maximum guarantee amount of 20.9 million yuan to provide joint and several liability guarantee for the above personal loans. In June 2014, Shanghai Dingtian Culture Communication Co., Ltd. (hereinafter referred to as Dingtian Culture), a wholly-owned subsidiary of Xingyue information, signed the “maximum mortgage contract” with Shanghai Pudong Development Bank with the maximum guarantee amount of 20.9 million yuan, providing joint and several liability guarantee for the above personal loan with a real estate under the name of Dingtian culture. On June 30, 2015, Xu enqi signed a personal loan contract with Shanghai Pudong Development Bank to borrow 17.47 million yuan. On June 12, 2016, Xu enqi signed a personal loan contract with Shanghai Pudong Development Bank to borrow 17.47 million yuan. For the above two loans, Xingyue information and Dingtian culture provided joint and several liability guarantee for Xu enqi with the maximum amount guarantee contract and maximum amount mortgage contract signed in June 2014. Xingyue information failed to disclose the guarantee provided by Xingyue information and Dingtian culture for Xu enqi’s personal loan in the interim report and the periodic report from 2014 to 2016. < p > < p > according to Article 21 of the measures for the supervision and administration of unlisted public companies (Order No. 96 of the CSRC) and Article 4 of the guidelines for the supervision of unlisted public companies No. 1 – Information Disclosure (announcement [2013] No. 1 of the CSRC), Xingyue information shall comply with the relevant provisions on information disclosure of the national share transfer system for small and medium enterprises. Xingyue information failed to comply with Article 46, paragraph 1, Item 9, of the detailed rules for information disclosure of Listed Companies in the national small and medium sized enterprise share transfer system (Trial Implementation) (No.3 announcement of the stock transfer system [2013]), Article 23 of the guidelines for the content and format of the semi annual report of Listed Companies in the national small and medium sized enterprise share transfer system (Trial Implementation) (No.21 announcement of the stock transfer system [2013]), and Article 23 of the national small and medium sized enterprise share transfer system (Trial Implementation) Article 22 of the guidelines on the content and format of the annual report of Listed Companies in the transfer system (Trial) (notice of stock transfer system [2013] No. 6) stipulates that the disclosure of external guarantee violates the provisions of Article 20, paragraph 1, and Article 25 of the measures for the supervision and Administration of unlisted public companies, and constitutes the illegal act mentioned in Article 60 of the measures for the supervision and administration of unlisted public companies. < / P > < p > Xingyue information confirms the operating income of relevant customers without corresponding real business transactions with relevant customers, and transfers the funds to Zhongxuan (Shanghai) Trading Co., Ltd. (hereinafter referred to as “Zhongxuan trading”) and other companies through prepayment, capital transactions and other forms, and Zhongxuan trading and other companies transfer the funds to relevant companies according to the instructions of Xingyue information According to the instruction of Xingyue information, the relevant customers will pay the “go account” capital without real business background to Xingyue information as the return of false increase in business income. Through the above methods, Xingyue information falsely increased the business income from 2013 to the first half of 2016 and the annual business income, and made false records in the external disclosure documents. < p > < p > on November 29, 2013, Xingyue information applied for the company’s shares to be listed in the national small and medium-sized enterprise share transfer system. According to the public transfer instructions, from January to June 2013, the company’s annual sales to Shanghai Wahaha drinking water Co., Ltd. (hereinafter referred to as “Wahaha”), one of the top five direct customers, was 7.0755 million yuan, accounting for 27.93% of the current main business income. On November 29, 2013, the audit report on financial statements (from January 1, 2011 to June 30, 2013) of Xingyue information disclosed that among the top five customers of the company, the sales of Wahaha from January to June 2013 were 7.0755 million yuan, accounting for 27.92%. On April 23, 2014, Xingyue information disclosed in the list of top five customers’ business income in 2013 annual report that in 2013, the company’s business income from Linxun information technology (Shanghai) Co., Ltd. (hereinafter referred to as Linxun information) was 7.778 million yuan, and that from Wahaha was 12.7358 million yuan. < / P > < p > in 2013, Wahaha and Linxun information did not have real business dealings with Xingyue information. There are false records on the sales and operating income of the above-mentioned companies disclosed in the public transfer statement, audit report on financial statements (January 1, 2011 to June 30, 2013) and 2013 annual report of Xingyue information. In the first half of 2013, the total business income of false records of Xingyue information was 7.0755 million yuan, accounting for 27.62% of the current business income disclosed to the public. In 2013, the total business income of false records of Xingyue information was 20.5136 million yuan, accounting for 33.25% of the current business income disclosed to the public. < p > < p > on August 13, 2014, the business income of the company’s top five customers in the 2014 semi annual report of Xingyue information disclosed that the business income of Wahaha was 5.6604 million yuan, accounting for 19.18% of the company’s total business income. The operating revenue of Linxun information was 14.3761 million yuan, accounting for 48.71% of the total operating revenue of the company. On April 21, 2015, the business income of the top five customers in the 2014 annual report of Xingyue information disclosed that the business income of Wahaha was 11.3208 million yuan, that of Shanghai Xinzhi Advertising Co., Ltd. (hereinafter referred to as “Xinzhi advertising”) was 5.4717 million yuan (including 4.717 million yuan of false increase in business income), that of Linxun information was 17.7863 million yuan, and that of Shanghai Linping Electronic Technology Co., Ltd The business income of Linping Electronics Co., Ltd. (hereinafter referred to as “Linping Electronics”) is 14.5051 million yuan. In addition, in 2014, Xingyue information confirmed the business income of 1.066 million yuan from Shanghai Xingde Culture Communication Co., Ltd. (hereinafter referred to as “Xingde culture”). On July 14, 2015, Xingyue information disclosed that the company’s annual income in 2014 was 70.201 million yuan in the “directional issuance instructions” of applying for directional issuance of shares. < p > < p > in 2014, Wahaha, Linxun information, Linping electronics and Xingde culture did not have real business contacts with Xingyue information. There is no false record of the above-mentioned company’s operating revenue in the half annual report, the directional distribution manual and the 2014 annual report of Xingyue information. In the first half of 2014, the total business income of false records of Xingyue information was RMB 2003.64 million, accounting for 67.89% of the current business income disclosed to the public. In 2014, the total business income of false records of Xingyue information was 49.3952 million yuan, accounting for 70.36% of the current business income disclosed to the public. < p > < p > on August 21, 2015, Xingyue information disclosed in the list of the company’s top five customers’ business income in the 2015 semi annual report that the business income of Wahaha was 5.6604 million yuan, accounting for 14.66% of the company’s total business income. The operating revenue of the newly purchased advertisements was 5.6604 million yuan, accounting for 14.66% of the total operating revenue of the company. The operating revenue of Linping Electronics was 8.547 million yuan, accounting for 22.14% of the total operating revenue of the company. On April 28, 2016, the top five customers in the 2015 annual report of Xingyue information disclosed that the total business income of Wahaha was 11.3208 million yuan, that of new advertising was 10.8962 million yuan (including 10.3774 million yuan of false increase in business income), and that of Lin pingdianzi was 20.8899 million yuan (including 15.1282 million yuan of false increase in business income). < / P > < p > in 2015, Wahaha had no real business with Xingyue information. There is no real business background in the revenue of 10.3774 million yuan from new advertisements confirmed by Xingyue information. Among the business income of Linping electronics confirmed by Xingyue information, 15.1282 million yuan does not exist, and there is false record of the above company’s business income disclosed in the annual report. In the first half of 2015, the total business income of false records of Xingyue information was RMB 1986.78 million, accounting for 51.19% of the current business income disclosed to the public. In 2015, the total business income of false records of Xingyue information was 36.8263 million yuan, accounting for 35.83% of the current business income disclosed to the public. < p > < p > on August 26, 2016, the business income of the top five customers in the 2016 semi annual report of Xingyue information disclosed that Xingyue information confirmed that the business income of Shanghai Yuyi Advertising Communication Co., Ltd. (hereinafter referred to as “Shanghai Yuyi”) was 4.2453 million yuan, accounting for 8.46% of the company’s total business income. On July 1, 2017, the top five customers in the 2016 annual report of Xingyue information disclosed that the total business income of Wahaha was 14.6226 million yuan. < p > < p > in 2016, Wahaha had no contact with Xingyue information, and Shanghai Zhenyu Culture Communication Co., Ltd., a subsidiary of Xingyue information, confirmed the advertising revenue of 4.2453 million yuan to Shanghai Yuyi without actually providing services. There are false records in the above business income disclosure in the 2016 semi annual report and 2016 annual report of Xingyue information. In the first half of 2016, the total business income of false records of Xingyue information was 4.2453 million yuan, accounting for 8.46% of the current business income disclosed to the public. In 2016, the total business income of false records of Xingyue information was 18.8679 million yuan, accounting for 18.99% of the current business income disclosed to the public. < / P > < p > the above-mentioned behavior of Xingyue information violates the provisions of paragraph 1 of Article 20 of the measures for the supervision and administration of unlisted public companies, and constitutes the illegal behavior mentioned in Article 60 of the measures for the supervision and administration of unlisted public companies. As the then chairman, general manager, controlling shareholder and actual controller of the company, Xu enqi concealed the fact that Xingyue information and Dingtian culture provided guarantee for his personal loan, and directly organized and implemented the above illegal act of falsely increasing business income, which constituted the illegal act of information disclosure instructed by the controlling shareholder and actual controller mentioned in paragraph 3 of Article 193 of the securities law of 2005 And the person in charge who is directly responsible for the above illegal acts of Xingyue information. < / P > < p > according to the facts, nature, circumstances and degree of social harm of the party’s illegal behavior, and according to the provisions of Article 193 (1) and (3) of the securities law of 2005, Shanghai regulatory bureau decided to give Xu enqi a warning and impose a fine of 900000 yuan, of which 300000 yuan will be fined as the person in charge who is directly responsible, as the controlling shareholder and the actual controller One person was fined 600000 yuan. < p > < p > according to tianyancha app, Xingyue information was established on September 13, 2007, with a registered capital of 127 million yuan. Xu enqi is a major shareholder and actual controller, with a shareholding ratio of 21.27%. Yu Fengwei was elected chairman of Xingyue Information Technology Co., Ltd. at the 16th meeting of the second board of directors on October 26, 2017. On December 24, 2017, Xu enqi was no longer the legal representative, chairman and general manager of Xingyue information, and Yu Fengwei took over. Yu Fengwei is the current chairman and general manager. < p > < p > Xingyue information was listed on the new third board on December 13, 2013, and the sponsor was Guojin Securities Co., Ltd. On April 8, 2019, Xingyue information terminated its listing. Article 9 of the guidelines for continuous supervision of leading securities companies of the national small and medium sized enterprise share transfer system (for Trial Implementation) stipulates that leading securities companies shall supervise listed companies to establish, improve and effectively implement internal management systems, including but not limited to accounting system, financial management and risk control system, as well as external guarantee, major investment, entrusted financing and related party transactions