According to the data of the Enterprise Early Warning Pass and the statistics of public data, the 21st Century Asset Management Research Institute issued a total of 458 fines in the field of financial supervision last week (November 27 to December 3), with a total penalty of 208 million yuan, and the issuing units include the central bank, the Banking and Insurance Regulatory Commission, the Securities Regulatory Commission, the exchange, and the State Administration of Foreign Exchanges, of which the CSRC and its dispatch agencies imposed the most severe penalties, with a total of 173 fines and penalties of more than 100 million yuan. It amounted to 120.595 million yuan; followed by safe management bureau, with a total penalty amount of 51.592 million yuan, involving 16 fines; the Banking and Insurance Regulatory Commission and its dispatch agencies issued 110 fines, with a total penalty of 20.045 million yuan.
From the perspective of the entities punished, banks received a total of 115 fines last week, a total of 25.7493 million yuan; insurance institutions received a total of 31 fines, a total of 3.655 million yuan; securities industry (including securities/funds/funds/asset management, etc., the same below) and securities issuers received a total of 262 fines, a total of 113 million yuan. From the perspective of the targets of punishment, the penalty target is an individual and the punishment object is an institution, each accounting for half of the fines, both of which are 229.
Both the number of fines and the amount of penalties imposed by the securities industry and securities issuers increased significantly compared with the previous week, and the amount of penalties increased by more than 8 times. Although the number of banking fines increased compared with the previous week, the amount of penalties decreased by 14.6% compared with the previous week.
The SFC imposed heavy penalties for stock manipulation and insider trading
From the perspective of regional distribution (according to the local regulatory bureau), the Guangdong Securities Regulatory Bureau issued the most fines last week, with a total of 25 fines. It was followed by the Zhejiang Securities Regulatory Bureau, with a total of 20 fines, and the third place was the Beijing Securities Regulatory Bureau, with a total of 19 fines.
Judging from the total penalty amount of different processing agencies last week, the CSRC punished the "most severe" last week, with a total penalty of 100 million yuan; followed by the Xiamen Branch of the State Administration of Foreign Exchange, with a total penalty of 28.0683 million yuan. The CSRC issued three tens of millions of large fines last week, two of which involved the manipulation of Hengjiu Technology stocks, with the amount of fines of 36.538302 million yuan and 26.370364 million yuan respectively, and the remaining penalty was 21.3084 million yuan for the shares of Xia Chuanwu, the former controlling shareholder and actual controller of Shenzhen Zhuoyi Technology Co., Ltd., who was fined 21.3084 million yuan; in addition, the Xiamen Branch of the State Administration of Foreign Exchange and the Wuhu City Center Branch of the State Administration of Foreign Exchange also punished Meifu Jiaye (Xiamen). Auto Service Co., Ltd. and Zoomlion Agricultural Machinery Co., Ltd. issued tens of millions of fines, with penalties of 28.0683 million yuan and 10.1024 million yuan respectively.
Judging from the number of fines from different penalty entities, issuers received the largest number of fines last week, with a total of 218 fines, followed by banks with 115 fines. In terms of the amount of penalties, the issuer still ranked first, reaching 111.325 million yuan, and the enterprise ranked second, reaching 62.84110245 million yuan.
Last week, issuers were given the most regulatory penalties as warnings, with a total of 73 fines, followed by regulatory concerns, with a total of 56 fines, the third largest number of notified criticisms, 39 fines, and 11 fines and warnings (proposed).
In terms of the amount of penalties imposed by issuers, fines and confiscation of illegal gains were the largest of all regulatory measures, amounting to 92.495 million yuan; The fine (proposed) ranked second at $4.7 million, while the fine and warning (proposed) ranked third at $3.9 million.
"Zero down payment" is back in the limelight
Since THE SAFE punishes the banking industry mostly for violations related to foreign exchange business, the central bank punishes the banking industry for most of the penalties for violations of the Anti-Money Laundering Law or settlement regulations, and the CBRC has many types of penalties, we focus on analyzing the reasons for the penalties imposed on the banking industry by the CBIRC and its dispatch agencies, and the penalties imposed by the SAFE and the central bank are classified into other categories.
Last week, the bank punished the most violations punished by the Banking and Insurance Regulatory Commission and its dispatch agencies for post-loan management/ non-performance and illegal loan issuance, all of which involved 10 fines; followed by the loan three checks for non-performance / failure, there were 9 fines for the violation, the third largest number of fines was for cooperation with supervision, and 8 fines were for this violation, including failure to submit statistical statements in accordance with regulations, underreporting of misreporting of banking regulatory statistics, and the qualifications of senior executives without approval by the regulatory authorities.
It is worth mentioning that two branches of Bank of Xiamen Co., Ltd. received a number of fines due to imprudent loan management of the government financing platform or the illegal requirement that the local government issue a repayment commitment for the enterprise credit. "Zero down payment" has also reappeared in the jianghu, and Qianxian Yilong Pufa Village bank Co., Ltd. was fined 200,000 yuan for violations such as issuing "zero down payment" personal housing loans.
The securities industry was punished the most for the most violations last week for failure to perform its duties in accordance with the law, with 24 fines pointing to such violations. For example, the person in charge of Guohai Securities and related projects for providing services for Shandong Shengtong Group Co., Ltd. was suspected of failing to exercise due diligence and diligence, and Guohai Securities was also suspected of violating relevant laws and regulations such as the "Due Diligence Guidelines for Corporate Bond Underwriting Business", "Specifications for Corporate Bond Underwriting Business", "Securities Law" and so on. Last week, many private equity funds were fined for failing to perform their duties in accordance with the law, such as Hefan (Guangzhou) Equity Investment Fund Management Co., Ltd., Shenzhen Qianhai CSI Dingfeng Investment Fund Management Co., Ltd., Jiangsu Daqi Equity Investment Fund Management Co., Ltd. and many other private equity funds were punished for illegal publicity, such as publicizing the annualized preferential rate of return, promising investors that the principal would not be lost, and promising a minimum return. Among them, Hefan (Guangzhou) Equity Investment Fund Management Co., Ltd. cooperates more with developers, and some time ago it caused external concern due to the public tearing of the face with Kaisa.
Illegal operation is the second most punished reason for the securities industry, such as Cheng Longyun, deputy general manager of Shengda Futures, who accepts the entrustment of customers to engage in futures trading on behalf of customers in his personal name, and privately collects relevant payments from customers. Imperfect internal systems ranked as the third largest penalty case in the securities industry last week.
The most punished reasons for issuers are also for failure to perform their duties in accordance with the law, with 98 fines, such as individual companies Shenwu Energy Conservation suspected of financial fraud, some companies disclosing inaccurate financial data, some companies' performance forecast disclosures or failure to disclose performance forecasts in a timely manner, etc. Were punished, and last week, issuers punished more for capital occupation and failure to disclose major events of the company in a timely manner. For example, SafBon Water has irregularities such as non-operating capital occupation by the actual controller and its related parties. Tencent shares were warned and fined 2 million yuan for failing to disclose external guarantee information in accordance with regulations, Xu Wei, the actual controller of Tencent shares, was fined 3 million yuan, and Shi Shi, then director and general manager, was fined 300,000 yuan.
Bank of Xiamen and Bank of Jiangsu were heavily fined last week
Judging from the severity of penalties imposed by banking institutions, the bank that received the largest number of fines last week was Xiamen Bank, which received 11 fines last week, followed by Bank of Jiangsu and Fujian Shanghang Rural Commercial Bank Co., Ltd., which received 9 and 6 fines last week. If you rank by the amount of fines, the bank of Jiangsu with the largest total fines was fined a total of 5.45 million yuan last week, and Ya'an Rural Commercial Bank Co., Ltd. was fined a total of 1.93 million yuan in second place. Fujian Shanghang Rural Commercial Bank Co., Ltd. was fined a total of 1.7 million yuan and ranked third.
Two of the three largest fines imposed last week were issued by the CSRC and its agencies. Last week, the first penalty amount was the CSRC's fine for huang zhijun's manipulation of the securities market, confiscating Huang Zhijun's illegal gains of 18.2692 million yuan and imposing a fine of 36.5383 million yuan. The second largest financial penalty fine was a fine of 28,068,300 yuan imposed on Meifu Jiaye (Xiamen) Automobile Service Co., Ltd. by the Xiamen Branch of the State Administration of Foreign Exchange, and the reason for the penalty was that the foreign exchange capital settlement of meifu Jiaye (Xiamen) Automobile Service Co., Ltd. constituted illegal settlement of foreign exchange. Chen Shaojun, who co-manipulated the securities market with Huang Zhijun, received the third largest fine last week, confiscated 13.1852 million yuan of illegal gains, and fined 26.3704 million yuan, and Huang Zhijun and Chen Shaojun were found to be manipulating the stock price of Hengjiu Technology.
According to the announcement of Guohai Securities, Guohai Securities received the CSRC's "Administrative Penalty and Market Prohibition Prior Notice", and the CSRC made a penalty decision on the case of Guohai Securities for Shandong Shengtong Group Co., Ltd. (hereinafter referred to as Shengtong Group) for issuing corporate bonds to provide services suspected of failing to exercise due diligence, and believed that Guohai Securities did not pay careful attention to Shandong Shengtong Steel Cord Co., Ltd. in the process of due diligence in terms of capacity utilization and sales revenue There are abnormal situations in the field of entry; the situation that the information provided by Shengtong Steel Cord is inconsistent with the public data; the production and operation sites of Shandong Shengtong Chemical Co., Ltd. (hereinafter referred to as Shengtong Chemical) have not been inspected on the spot, and no Shengtong Chemical industry has been found to be in a state of suspension; and the abnormal situation of the tax declaration materials of Shengtong Steel Cord has not been carefully concerned. Guohai Securities is suspected of violating Articles 9 and 10,3 of the Guidelines for Due Diligence of Corporate Bond Underwriting Business, Article 12 of the Specifications for Corporate Bond Underwriting Business, Articles 7 and 21 of the Measures for the Administration of Corporate Bond Issuance and Trading, and Article 31 of the Securities Law of the People's Republic of China, as amended in 2005. Guohai Securities was ordered to make corrections, give a warning, confiscate 17.98 million yuan of illegal gains, and impose a fine of 600,000 yuan. Sun Yanfei, the project leader at the time, Liu Yanbing, head of the department where the project was located, and Shen Jing, other directly responsible personnel, were fined 300,000, 200,000 yuan and 100,000 yuan respectively. And Sun Yanfei was banned from the securities market for 5 years.
Financial fraud remains one of the areas of heavy penalties. After Shengtong Group was punished by the CSRC for false records, a number of relevant institutions such as Guohai Securities, Yuekai Securities and Zhongtianyun Accounting Firm have been investigated by the CSRC. Among them, Zhongtianyun Accounting Firm was fined and ordered to make corrections, confiscating business income of 5.75 million yuan and imposing a fine of 11.5 million yuan; Yuekai Securities ordered corrections, gave a warning, confiscated 6.6 million yuan of illegal gains, and imposed a fine of 600,000 yuan.
(Data supporter: Enterprise Early Warning Pass)
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