In recent two years, the scam of touting overseas listed stocks by taking advantage of investors' longing for "getting rich overnight" has become increasingly fierce in various places. These companies use various forms to issue securities without authorization or in disguised form by transferring shares of shareholders, fabricate false information such as going public overseas and making rich returns, and deceive investors into buying their shares in order to reap huge profits from them. According to statistics, the amount involved in Fuzhou, Fujian Province alone is tens of millions of RMB.
recently, Fujian securities regulatory bureau investigated and dealt with illegal intermediary companies such as Fuzhou lanhaifeng investment consulting co., ltd. (hereinafter referred to as Fuzhou lanhaifeng co., ltd.) and issued a risk warning announcement, warning investors not to buy so-called "overseas listed stocks".
A former employee of Fuzhou Xinhongyuan Company, who has been immersed in this industry for many years, revealed himself: "Our targets are mainly the elderly who are not familiar with overseas financial markets and policies, and those who seldom surf the Internet and read newspapers.
The company once promoted the shares of Inner Mongolia Chang 'an Industrial Co., Ltd., and each investor had to buy at least 5, shares.
if you win a single order, you will earn 5, yuan at a commission of 1 yuan per share sold. The purpose of the salesman coming to the company is to make big money, and he doesn't understand this law. Gradually, everyone's dream of making money is becoming more and more real, and he can't extricate himself from it. "
□ Xie Kaifei
Our reporter Wang Xiong
From the legal point of view, there are still some obstacles in the implementation of the regulation and management of the primary and semi-market because there is no special institution to supervise the trading of natural person shares. Moreover, for all kinds of securities intermediaries, the securities regulatory authorities have no jurisdiction, and the public security departments can only investigate and deal with them when they are suspected of fraud, short selling and economic crimes, and it is difficult for the industrial and commercial departments to investigate and collect evidence. Secondly, illegal acts are difficult to identify and enforce. In the process of investigating and dealing with the case of "original shares" promotion, the agent does not sign an agreement with the customer, and the share certificate and receipt are provided by the custody center or the company to be listed. How to identify these behaviors, the securities supervision, industry and commerce, and public security have certain differences on the applicable legal provisions.
Dilemma:
Huge wealth can't be cashed
Yangling Bodison Biotechnology Development Co., Ltd. (hereinafter referred to as Bodison Company) seems to be a special case: when the bubble of "overseas listing" woven by the operators of original shares (shares of unlisted joint-stock companies) was punctured one after another, this enterprise started with laid-off female worker Wang Qiong with 3, yuan sold a large number of original shares, which were successively sold in the United States, Germany and Germany. When the promise of "getting rich overnight" is about to be fulfilled, its investors have started the road of safeguarding rights.
Ms. Ye is one of many Bodyson shareholders in Fuzhou. In July 25, she bought the company's overseas listed shares at the price of 6.3 yuan per share. "At that time, my heart was quite practical, because I bought it after the listing of Bodison Company in the United States in March 24, and it was not the original stock without any guarantee." Ms. Ye recalled: "At that time, the intermediary claimed that stocks could be publicly traded immediately, and buying domestic stocks could also be converted into American stocks."
In fact, as the intermediary Fuzhou Chutian Investment Company claimed, after she bought it, Bodison went public on the national stock exchange on August 26th, 28, and it rose sharply, reaching a maximum of $21.87 per share, equivalent to more than RMB 16, and its book profit per share reached about 14 yuan. In October, Ms. Ye changed the original shares in her hand into the documents of the shares of listed companies at the ratio of 4.385: 1 according to the requirements of Bodison. But as soon as she got the stock certificate, Ms. Ye found something was wrong: "The stock certificate clearly stated in English that according to the 1933 law of the United States, the certificate can only be used as an investment and cannot be traded."
What is more difficult for Ms. Yuzryha to accept is that she found that in the company information publicly disclosed by Bodison Company in the United States, the number of shareholders is only 19, including director Wang Qiong, and 1% of them hold all the shares of the company. "This means that all domestic Bodison investors will become' black households', and the documents in our hands are not only not tradable, but also not recognized by American law."
compared with the distant realization of Ms. Ye's wealth, Mr. Xiao seems to be close to the edge of becoming rich. In April 24, he bought 2, shares of Bodison at the price of 4.5 yuan per share. Moreover, after Bodison's successful listing, he got a real American paper stock. According to the company's regulations, shareholders with more than 15, shares can convert their shares into American shares.
However, his situation is the same as that of Ms. Ye. On March 1, 25, the Joint Announcement signed between Bodison Company and new york International stated that "according to the provisions of American law on the holding time of shareholders, after one year from the date of listing of Bodison Company on March 1, 24, shareholders can trade shares at the US stock market price" was not fulfilled as scheduled, but was replaced by a new announcement on October 16, 25: "According to the regulation of American securities law No.144, shareholders hold the United States. On March 8, 26, new york International announced again: "According to the relevant laws and regulations of the United States, only those who have held shares for two years (from the date printed on the shares) can trade in the United States without restrictions."
bodison company reneged on its word, which made many shareholders very angry. Mr. Xiao said that before, Bodison Company said that domestic shareholders chose paper stocks instead of electronic stocks, which delayed the trading time of shareholders, just like his own stocks could not be traded until November 27. The stock market is changing rapidly, and it will be a question how much Bodison's stock can be worth then.
coincidentally. At present, some companies in Fuzhou are still selling shares such as Xi 'an Hanxin Technology Co., Ltd. and Xi 'an Chongyang Biotechnology Co., Ltd., which is similar to the certificate of Bodison's domestic shares, and also belongs to the category of "investment only non-transferable transactions".
Solving the riddle:
Overseas stocks are actually domestic stocks
As a successful model, Bodison Company has set a number of records, such as the shortest listing time and the fastest approval for the listing in the United States. In this regard, Mr. Guo, an investment consulting company in central china securities, said that many so-called American listed companies in China actually landed on OTCBB. It is said that the companies in the OTCBB market are basically enterprises that are not listed on the main board market or delisted from the main board market due to poor performance, which is the "shell" resources of domestic enterprises. As long as you buy a "shell" and pay the corresponding fees, and then inject domestic assets through reverse acquisition, you can go public by "shell".
"bodison company was listed in this mode at the beginning." For example, Mr. Guo said: "In the listing application materials, Bodison Company is called Yangling Bodison Biotechnology Development Co., Ltd. (hereinafter referred to as BBST). In order to facilitate listing, the company was incorporated in the United States to establish Bodison International. In February 24, through the operation of new york International Securities Company (hereinafter referred to as new york International), Bodison International exchanged shares with OTCBB Shell Company after purchasing the' shell', and the listed company was renamed as Bodison Biotechnology Co., Ltd. Before December 23, Bodison International had signed a share swap agreement with BBST, and Bodison International owned 1% of the shares in Bodison. At this point, the listed company has completed the reverse acquisition of domestic business entities, and the listing plan will be completed. "
"In fact, the company name used by Bodison Company in China is Yangling Bodison Biotechnology Development Co., Ltd. (hereinafter referred to as Bodison). This joint-stock company, which was established in August 21, is still controlled by Wang Qiong, the chairman of the listed company, and sells a large number of original shares to shareholders. According to the company law, the shares of the promoters of a joint stock limited company shall not be transferred within three years after the establishment of the company, and they shall not be traded with overseas company Bodison International. However, BBST, a limited liability company with only 19 shareholders, has no such restriction. Under the operation of new york International, the listing declaration changed Bodison shares into a limited liability company BBST, which was successfully listed and upgraded in a short time. "
"From the listing roadmap of Bodison, it can be seen that 19 shareholders, including Wang Qiong, have 1% control of Bodison International, while Bodison International has 1% control of listed companies in the United States, and 1% of the shares of Bodison owned by the majority of shareholders have been injected into listed companies, and their rights and interests have been fully accepted by major shareholders such as Wang Qiong. To put it simply, investors entrusted Wang Qiong and other 19 people to buy Bodison shares, Wang Qiong and others bought them, and Bodison was also listed, but shareholders had no investors-Wang Qiong and others bought Bodison shares for themselves with investors' money. Obviously, the equity in the hands of the majority of shareholders is actually the stock of Bodison shares, which is not recognized by American law at all, and its rights and interests cannot be reflected. " Mr. Guo analyzed.
In this regard, Zhang Yongning, secretary of the board of directors of Bodison Company, explained: "It takes a certain fee to convert domestic stocks into American stocks. Considering the small number of stocks in the hands of those shareholders, in order to reduce their costs, the company will put all their stocks under the unified management of the major shareholders, and entrust new york International to trade when American laws permit." As for the name of the stock, Zhang said that "there is no specific name".
At present, investors doubt that they can trade after two years. It does not rule out that the existing shareholders of the company can obtain the trading right in the overseas market by splitting the shares. But they are also worried that by then, the company's executives will have sold all the shares, causing the stock price to plummet. Shareholders are therefore caught in a dilemma: if the company is sued and the problem is really found, it will inevitably lead to the suspension of stock trading or the stock price plummeting; If you don't sue, you are worried that the original shares in your hands don't have a "hukou" and may become a piece of waste paper at any time.
People of insight pointed out that the stock of Bodison that has been listed overseas is still the same, and other various so-called "stocks to be listed overseas" actually have very little hope of listing, which will only make people lose their blood.
shady:
two days' training and a monthly income of 5, yuan
Since 2, the wave of transfer of "overseas listed shares" has experienced ups and downs, and recently it has reached almost crazy level. According to Ms. Ye, there are quite a few institutions selling "original shares" in the name of overseas listing in Fuzhou, and there are still 5 or 6 investors like her, who have been trapped in tens of millions of dollars.
why are illegal securities agency business activities repeatedly banned and the masses repeatedly cheated? A former employee of Fuzhou Xinhongyuan Company, who has been immersed in this industry for many years, revealed himself: "Our targets are mainly the elderly who are not familiar with overseas financial markets and policies, as well as those who don't surf the Internet and rarely read newspapers. The company once promoted the shares of Inner Mongolia Chang 'an Industrial Co., Ltd., and each investor had to buy at least 5 shares. If you win a single order, you will earn 5, yuan at a commission of one yuan per share sold. The purpose of the salesman coming to the company is to make big money, and he doesn't understand this law. Gradually, everyone's dream of making money is becoming more and more real, and he can't extricate himself from it. "
"When you first enter the company, all new employees should be brainwashed:' You must regard yourself as a financial consultant and pretend to be very skilled to guide customers to buy stocks. It is necessary to sum up various ways to entangle customers, and make twenty or thirty or even hundreds of calls every day, and the effect will be easy to come out. "
In order to let the novice get on the road as soon as possible, Xinhongyuan Company also gives everyone a book of the Company's Business Exhibition, a list of shareholders and contact information: "You don't have to go out to bask in the sun to work here, just make a phone call. How to make a phone call? All of them are in the' Collection'. "
For example, some investors ask, "How do you know my phone number?" Answer: "You have called the investment hotline in the secondary market, and our company was originally engaged in the secondary market consulting business, but since the end of last year, we have started to enter the field of overseas equity investment. Or we have a cooperative relationship with brokers, and resources can be enjoyed, so we know your phone number. " In fact, most investors' phones are bought from brokers in the secondary market.
"If you tell too many lies, you will become the truth. Everything depends on human effort, once you can't come to the second time, the second time you can't come to the third time; If one colleague can't do it, another colleague will say it. If two colleagues can't do it, let the third colleague go on. If a company is unreliable, let another company say it, and another company will let the third company say it. " These are several ways to promote customers recorded in Baodian.
Some investors asked: Why didn't the remittance go directly to the company account? This is the most crucial point, so customers are often suspicious, but it has long been dealt with in the "Collection". "The tax on equity transfer is too high, and we consider minimizing your investment cost (saving 2% of the transfer fee of enterprise shareholders and 3% of the tax levied by the state). At the same time, it also simplifies the complexity of your handling of equity, because if you want to go to the company account, it will take three to five days for remittance to arrive, a few days for applying for the share certificate, and ten days for the share certificate to arrive in your hand by express delivery, so we adopt private remittance. Therefore, you can rest assured that our company will sign a fund guarantee agreement with you before you remit money to ensure the safety of your funds, and compensate you according to the price if there is any loss. (If the customer still doesn't believe us, we can provide the recent customer remittance slip for your reference.)
When developing customers, when the other party answers "I don't want to invest now", "My money is all in the stock market", "I don't have any money, my friend hasn't paid me back" and "My money is going to buy a house", the answer of Baodian is: First, analyze whether the customer is going to buy a house. For the money is trapped in the stock market, answer, "You can rely on our company's senior analysts, who have many years of practical experience, and let them help you grasp the staged high points of individual stocks in your hands. Selling on rallies is the best remedy. If you stay in the stock market, it will only make you lose more and more. "
"In this way, after two days of training, salesmen can earn at least 5, yuan a month and more than 1, yuan. I'm still scared when I think about it now. This is a naked scam, which is a crime. " Guo said.
Starting point:
How to issue overseas listed shares
"In fact, there is a * * * pattern in issuing' overseas listed shares': introduced by intermediary companies or acquaintances, the companies with equity transfer are all science and technology companies in central and western cities such as Xi 'an and Chengdu, and the intermediary companies all promise that the share price of overseas listed shares will be more than ten times, and the other party is a major shareholder of the company, and the money will be remitted to the account designated by the shareholders." The former employee of Fuzhou Xinhongyuan Company went on to say, "Every overseas listed stock has gone through a series of elaborate operations, such as shell purchase, acquisition, share reduction and additional issuance, among which it cooperates with the unlisted companies, local equity custodians, property brokerage companies and other institutions promoted, and it is completed together. The biggest reason for repeated prohibitions is that it can bring high profits to all parties. " The following is what he described as the inside story of overseas listed shares:
First, illegal intermediaries went to the central and western regions to lobby some biomedical enterprises, so as to impress them by issuing original shares to raise funds. With the cooperation of enterprises, these intermediaries began to package them. As a result, a family of' high-tech' and' biomedical' concept companies appeared in BLACKPINK. "