In the current era of national financial management, investment risks are increasingly prominent, and people are concerned about the benefits, risks and even being cheated. In recent years, all kinds of "original stock" scams have put on new coats to confuse investors. Recently, there have been three types of "original stock" scams.
in the first category, in the name that the company wants to be listed on the fourth board, Q board and E board, it publicly publicizes and issues "original shares" through local newspapers and other media. The second category, in the name of equity crowdfunding, publicly publicizes and issues "original shares" or publicly transfers equity through third-party website platforms, WeChat WeChat official account, friends circle and other online media. The third category is to implement pyramid schemes in the name of selling "original shares", and to recommend each other to buy fictitious "original shares" of overseas listed companies through acquaintances, forming a pyramid-shaped pyramid marketing network.
Reminder, to identify the above scam, please keep in mind one thing: without the approval of China Securities Regulatory Commission, no unit or individual may publicly issue shares, nor may they publicly publicize and issue shares through newspapers, television, online platforms, WeChat WeChat official account, telephone, promotion meetings and briefing sessions. If investors credulously buy such illegal "original shares", their rights and interests will not be protected by law.
in addition to the "original stock" scam, there have been illegal fund-raising activities under the banner of "private equity fund" in recent years.
there are five main types of illegal behaviors of private equity funds. The first category, through newspapers, television, the Internet and other media for public publicity and fundraising. The state stipulates that private equity funds can only be raised in a non-public way.
the second category is to raise funds on the grounds of fictitious investment projects or projects that obviously have no investment value, or to defraud investors of funds for the purpose of borrowing new debts to repay old debts. The third category is to raise funds from investors who do not have the ability to identify risks and financial strength. The fourth category is to promise investors a guaranteed income. The fifth category, the number of investors exceeds the standard. According to state regulations, if a private equity fund project is established by a joint-stock company, the number of investors shall not exceed 2; In the form of a limited company, the number of investors shall not exceed 5; In the form of partnership, the number of partners shall not exceed 5. Anyone who exceeds the number limit may constitute illegal fund-raising.
Recently, investors often tell Forum Jun that they may have been tricked into buying the so-called "original shares" of a new third board company, which not only faces losses, but also cannot be sold.
Today, Forum Jun will popularize the relevant knowledge of original shares for everyone, and remind everyone to beware of scams.
What is the original stock
Let's look at a case first: In June 217, the first case of illegally operating the New Third Board stock in China was pronounced in Shanghai Jing 'an Court. Twelve people, led by Hong Moujun and Deng Mouhua, were sentenced on suspicion of illegally buying and selling New Third Board stocks.
according to the prosecution's allegations, since December 215, Dianshi Company and Zhenghong Company, which are actually controlled by Hong Moujun and Deng Mouhua, have successively acquired shares such as Xiaojin Machinery, Jingxin Shares, McGrady Refrigeration and Yujing Machine from the original shareholders of relevant enterprises through the national share transfer system for small and medium-sized enterprises.
directly transfer or instruct its subordinate companies, sales agents and individual salespeople to publicly sell the above-mentioned stocks to an unspecified public through the New Third Board stock account under their control.
the defendant used communication tools such as wechat to get to know many investors, recommended and analyzed the shares of the New Third Board to the deceived investors, exaggerated the publicity and predicted that the shares of the New Third Board could be transferred to the A-share market, encouraged many investors to buy them, and then transferred the above-mentioned shares of the New Third Board at a high price in the form of mutual transaction.
original shares refer to the shares issued before the company goes public and can be sold after a period of listing. Under normal circumstances, only the founding team, senior management and others of the company will own the original shares of the company. Others want to own the original shares, which can be obtained by subscribing for additional shares of the company.
However, this kind of issuance is generally private, and usually only faces a small number of people who have special relations with the company, such as partners and suppliers. At present, many public sales of original shares to the public through telephone, store sales staff and online channels are actually a violation of the securities law.
In the New Third Board, some people who are engaged in the original stock intermediary often enthusiastically help investors to open good accounts, and even trade their stocks to investors' accounts. However, the stock transfer targets they choose are usually not qualified investors who know more about the New Third Board, and many of them are people who have never been in contact with the New Third Board market.
This is the case with many investors that Forum Jun recently contacted. Not only did they not understand the New Third Board, but even the most basic knowledge of stock trading was unclear. Intermediaries directly helped them buy the stocks of the corresponding companies. In terms of share price, before the investment, the share price of the target company may rise significantly, and after the shareholding, it will drop significantly, resulting in serious losses for investors.
At present, many original stock transfer intermediaries look for target customers through social software such as WeChat and QQ. Usually it will lurk in various exchange groups of the New Third Board, and constantly recommend some stocks of listed companies. At the same time, I will often introduce the stock to some members of the group privately, and publicize the huge appreciation space of the stock until the transaction is completed.
There is a complete interest chain in the original stock scam: if the face value of the original stock is 1 yuan, the price at the time of promotion may be four or five yuan, of which three or four yuan is the price difference, the intermediary company can get one or two yuan, the salesman can divide .5 yuan, and the transferor of the original stock will also get corresponding benefits, and almost everyone can get benefits from it, only the investor will lose everything.
Relevant laws and regulations
According to the provisions of China's securities law, the public offering of securities must meet the conditions stipulated by laws and administrative regulations, and be reported to the the State Council securities regulatory agency or the department authorized by the State Council for approval or examination and approval according to law; Without approval or examination and approval according to law, no unit or individual may issue securities to the public.
The Company Law also provides that shareholders must transfer their shares in a legally established securities exchange or in other ways stipulated by the State Council. The Measures for Banning Illegal Financial Institutions and Illegal Financial Business Activities stipulates that the participants shall bear the losses incurred due to their participation in illegal financial business activities.
from this point of view, the illegal transfer and trading of original shares does not conform to the relevant laws and regulations, and it is difficult for the rights and interests of investors who participate in such equity transfer transactions of unlisted companies to be protected by law.
For investors, the risks involved in the original share transfer are not limited to these. In most cases, the original shares that ordinary investors can buy cannot be listed at all. If they cannot be listed, investors will face great exit risks.
At the same time, the adequacy, timeliness and reliability of information disclosure of unlisted companies are not enough. Investors subscribing for shares of companies they are not familiar with will inevitably increase investment risks.
in many original share transfer scams, investors can't monitor the use and income information of the funds after the company receives the investment funds from investors. There is no relevant listing information for a long time after the company has obtained the investment, which leads investors to never see the actual listing process and results of the company.
In addition, according to the current information, the promoters of the equity of non-listed companies are basically investment consulting companies or property rights brokerage companies without securities business qualifications. This branch company sells equity beyond the business scope approved according to law, which is illegal.
when natural persons participate in the trading of original shares, there is no way to judge the true value of the enterprise, which leads to the existence of water in the transaction price of shares. Therefore, it is not recommended that natural persons directly buy and sell the original shares with the shareholders of the New Third Board. Investors who want to participate in the investment can indirectly participate in the private equity investment of the New Third Board by purchasing the New Third Board Fund.
how to identify a scam?
most of the original share transfer scams with "zero risk and high return" as their gimmicks take advantage of investors' psychology of getting rich overnight. The original share transfer fraud usually has the following characteristics:
Investors can try their best to avoid being cheated from the following aspects:
First, choose a legal securities operating institution. All the securities investment products listed and traded in the securities market have strict entry barriers for listing. Investors should avoid "securities without management approval documents".
second, find out whether the underwriter is qualified to authorize the distribution of the original shares. Generally, the original shares underwritten by institutions authorized by the state are sold only after careful investigation, and the probability of listing is relatively high; On the contrary, it is easy to be deceived.
third, pay attention to the sales promotion behavior of the salespeople. All securities that are not publicly issued are generally hidden, not well known to the market, and have no fixed business premises and legal business certificates. Their calls, letters, on-site services, etc. should be treated with caution.
fourth, investors should know the production and operation status of the invested enterprises in detail. To understand and inspect the operating efficiency of an enterprise, we can look at the sales income, sales tax and total profit of the enterprise. For investors, if a company has no development prospects, the original shares it holds are worthless, and the investment does not have the basis for obtaining returns. Yuan shi gu
When a formal enterprise raises funds, it will certainly evaluate and audit the original company, and at the same time issue a resolution to new shareholders to allow them to participate in the shares. Once a new shareholder decides to buy shares, the name of the new shareholder must appear in the company's articles of association and be filed with the Administration for Industry and Commerce.
in any original stock investment, it is necessary to have a resolution signed by the shareholders' meeting of the company. If you want to see the original articles of association of the company and find the information that you have become a shareholder in the industrial and commercial bureau, as long as one condition cannot be met, there is the possibility of cheating, and the identity of the investor may not be recognized legally, and the identity of the investor may not be protected by laws and regulations.
finally, investors need to keep in mind that there is no pie in the sky, and investment is risky, so it is necessary to be cautious when buying shares.