/pub/zjhpublic/g 003062 12/20 13 1 1/t 20 13 1 1 15 _ 23838 1 . htm
It is found that Dacheng Firm did not diligently check and verify when providing relevant legal services for New Earth IPO, and its legal opinions and other documents contained false records. The specific illegal facts are as follows:
1. Dacheng Institute made a false record of on-site interview without interviewing Liao Momei, the actual controller of Meizhou Weiyunxin Agricultural Development Co., Ltd., and made a false record of on-site interview with Liao Momei in the Supplementary Legal Opinion (V).
Second, Dacheng made a false record of the field interview with Chen Mou, the operator of Meizhou Lvkang Agricultural and Sideline Products Business Department (hereinafter referred to as Meizhou Lvkang) in the special verification opinions.
3. Dacheng Firm failed to comprehensively collect and carefully examine the industrial and commercial information of Meizhou Lvkang, failed to discover that Chen Mou, the operator of Meizhou Lvkang, is the spouse of Hong Ling, the financial director of New Earth, and failed to identify the relationship between Meizhou Lvkang and New Earth. Dacheng Firm stated in its supplementary legal opinion (II) that it "confirmed and consulted the industrial and commercial files of the issuer's main customers and suppliers". According to the statements and statements of natural person shareholders of Xindadi 65,438+065,438+0,
4. There are the following anomalies between Xindadi and Lu Shen Camellia Oil Store in Mantuo, Meizhou (hereinafter referred to as Lu Shen): (1) Lu Shen registered for industry and commerce in the name of Huang and Zou, and the contact number reserved for the two registrations is the same as Xindadi; (2) The personal contact phone number reserved by Huang Mouyan when handling industrial and commercial registration is the mobile phone number of Huang, director of Xindadi; (3) The contact number reserved when signing the lease contract with Meizhou Sanxin Co., Ltd. (hereinafter referred to as Meizhou Sanxin), which is actually controlled by Huang, the chairman of Xindadi, is the same as that of Ling Meilan, the actual controller of Xindadi; Huang Zeng served as the operator: (4) as a representative of the employees of New Earth, attending the meeting of supervisors of the employees elected by New Earth; (5) When Meizhou Sanxin transferred its shares in Xindadi to others, Huang Mouyan was the collection agent; (VI) From May 2 to 3, 20081day, the producer of the warehouse receipt sold by Xindadi to Pingyuan agricultural and sideline products purchasing station was Huang Moyan. For the above anomalies, the lawyers of Dacheng Law Firm failed to fulfill the duty of special care of legal professionals and took further verification measures to eliminate or confirm them. In the supplementary legal opinions (1), (2) and special verification opinions, they made a legal opinion that there is no relationship between the mandolin dew and the new land.
Verb (abbreviation of verb) Dacheng Office has obtained the industrial and commercial information of Meizhou Hongda Decoration Co., Ltd. (hereinafter referred to as Hongda Decoration), and its legal representative is Huang Moguang, the younger brother of Chairman Huang of Xindadi. Huang Moguang indicated in the Questionnaire of Directors, Supervisors and Other Key Personnel's Investment in Other Companies submitted to Dacheng that he holds 60% of the shares of Hongda Decoration. However, Dacheng Firm did not perform its duties carefully when issuing legal opinions. In the supplementary legal opinion (I) issued, it is stated that the issuer has fully disclosed the related parties, but it is not pointed out that Xindadi has not disclosed the facts related to Hongda Decoration.
The above facts are proved by Dacheng's relevant legal opinions, special verification opinions, working papers, handwriting appraisal conclusions, transcripts of relevant personnel's inquiries and other evidence, which is enough to be recognized.
Dacheng Firm failed to perform its due diligence obligation according to the professional standards of the industry, and the documents it issued contained false records, which violated the provisions of Paragraph 2 of Article 20 and Article 173 of the Securities Law, and constituted the act of "the securities service institution failed to perform its due diligence, and the documents it produced and issued contained false records, misleading statements or major omissions" as stipulated in Article 223 of the Securities Law. The directly responsible persons in charge are Qiu, Shen Linping, and Tamia Liu.