| Litigation and arbitration announcement date: March 31, 2010 |
|---|
| Date of announcement | 2010-03-31 |
| Name of case | Debts and claims disputes |
| Date of prosecution | |
| the prosecution | Yancheng Housing Provident Fund Management Center |
| Defendant | China Securities Co., Ltd |
| Type of litigation | civil action |
| Amount involved | 62.780 million yuan |
| Case description | Due to the acquisition of securities assets of the former Huaxia Securities by CSC Securities, Yancheng Housing Provident Fund Management Center listed CSC Securities as the defendant in the report period and filed a civil lawsuit with the Intermediate People's Court of Yancheng City, Jiangsu Province in respect of the creditor's rights and debt relationship between CSC Securities and Huaxia Securities, Require CSC and other defendants to jointly bear the joint and several liability of compensation for Huaxia Securities' claims of RMB62.78 million. During the reporting period, CSC raised two jurisdictional objections to Yancheng Intermediate People's Court, requesting that the case be transferred to the Beijing Second Intermediate People's Court with jurisdiction for trial, which was rejected by Yancheng Intermediate People's Court. At present, CSC has filed an appeal to the Jiangsu High Court on jurisdiction matters, and has not yet received the relevant ruling. CSC raised two jurisdictional objections to Yancheng Intermediate People's Court, requesting that the case be transferred to the second intermediate people's court of Beijing with jurisdiction for trial, which were rejected by Yancheng Intermediate People's Court. CSC filed an appeal to the Jiangsu High Court on jurisdiction matters, and on October 29, 2008, the Jiangsu High Court ruled to transfer the case to the Shanghai Second Intermediate People's Court for trial. |
| Judgment content | The Shanghai First Intermediate People's Court has ruled that CSC will not bear any responsibility, and the judgment has come into force. |
| Judgment date | |
| Whether to appeal | yes |
| Appellant of second instance | Defendant |
| Content of judgment of second instance | |
| Date of judgment of second instance | |
| Implementation | Yancheng Housing Provident Fund Management Center has applied for property preservation to the Jiangsu Yancheng Intermediate People's Court on December 21, 2007. As of December 31, 2007, the amount of 19104742.14 yuan in the bank account of CSCIC has been frozen. The fund was unfrozen on June 27, 2008. As of June 30, 2009, no response notice has been received from the court. |
| Court of Acceptance | Shanghai Second Intermediate People's Court |
| Court of second instance | Jiangsu High People's Court |
|
| Litigation and arbitration announcement date: March 31, 2010 |
|---|
| Date of announcement | 2010-03-31 |
| Name of case | Commission contract disputes |
| Date of prosecution | |
| the prosecution | Guangdong Nanguo Desai Law Firm |
| Defendant | CITIC Securities Co., Ltd |
| Type of litigation | civil action |
| Amount involved | 13.090 million yuan |
| Case description | Guangdong Nanguo Desai Law Firm sued the company for the dispute over the entrustment contract, involving 13.09 million yuan |
| Judgment content | |
| Judgment date | |
| Whether to appeal | no |
| Appellant of second instance | Defendant |
| Content of judgment of second instance | |
| Date of judgment of second instance | |
| Implementation | The case was originally scheduled to be heard on June 12, 2009. The company submitted an application for jurisdiction objection to the court on May 27, 2009. On July 13, 2009, the company received the court ruling and rejected the company's application for jurisdiction objection. The company will handle the follow-up work of the case according to law. On December 23, 2009, the case was heard in the first instance of Zhuhai Xiangzhou District People's Court. At present, the court has not yet made a judgment. |
| Court of Acceptance | |
| Court of second instance | |
|
| Litigation and arbitration announcement date: March 31, 2010 |
|---|
| Date of announcement | 2010-03-31 |
| Name of case | Dispute over guaranteed repayment |
| Date of prosecution | 2009-09-25 |
| the prosecution | CITIC Securities Brokerage (Hong Kong) Co., Ltd |
| Defendant | Great wall investment group ltd. |
| Type of litigation | civil action |
| Amount involved | 27561855 yuan |
| Case description | Since the clients of CITIC Securities Brokerage (Hong Kong) Co., Ltd. have debts to CITIC Securities Brokerage (Hong Kong) Co., Ltd. in their business, Great wall investment group ltd. has The Company has issued repayment guarantee for the customer's debt, but failed to perform the guaranteed repayment obligation to CITIC Securities Brokerage (Hong Kong) Co., Ltd. in a timely manner. CITIC Securities Brokerage (Hong Kong) Co., Ltd. filed a lawsuit to the High Court of Hong Kong on September 25, 2009, requesting Great wall investment group ltd. to repay 27561854.86 Hong Kong dollars and related fees. |
| Judgment content | |
| Judgment date | |
| Whether to appeal | no |
| Appellant of second instance | Defendant |
| Content of judgment of second instance | |
| Date of judgment of second instance | |
| Implementation | On January 5, 2010, both parties signed a settlement agreement to transfer 16949440 shares of United Gene High Tech Group Ltd. held by Great Wall Investment Group Ltd. to CITIC Securities Brokerage (Hong Kong) Co., Ltd. at a transfer price of HK $1. At present, the settlement agreement has been fulfilled. |
| Court of Acceptance | High Court of Hong Kong |
| Court of second instance | |
|
| Proclamation date of litigation and arbitration: April 30, 2009 |
|---|
| Date of announcement | 2009-04-30 |
| Name of case | contract dispute |
| Date of prosecution | |
| the prosecution | Shanghai Foreign Labor and Economic Cooperation Co., Ltd |
| Defendant | Bankruptcy Liquidation Team of Hainan Saige International Trust and Investment Co., Ltd. CITIC Securities Co., Ltd. Shanghai Changping Road Business Department |
| Type of litigation | civil action |
| Amount involved | 11602041 yuan |
| Case description | A few days ago, Hainan Intermediate Court of Hainan Province accepted the case of other securities contract disputes brought by Shanghai Foreign Labor Service Economic and Trade Cooperation Co., Ltd. (hereinafter referred to as "Shanghai Foreign Labor Service Economic and Trade Cooperation") against the bankruptcy liquidation team of Hainan SEG International Trust and Investment Co., Ltd. (hereinafter referred to as "SEG liquidation team"), and Shanghai Foreign Labor Service Economic and Trade Cooperation Co., Ltd. required SEG liquidation team to pay it 11602040.54 yuan of securities transaction settlement funds. Hainan Intermediate Court held that the handling result of the case had a legal interest with the company's Shanghai Changping Road Business Department, so it requested the company's Shanghai Changping Road Business Department to participate in the lawsuit as a third party. At present, the Hainan Intermediate Court has not designated a hearing time for the case. |
| Judgment content | The Hainan Intermediate People's Court, after hearing the case on March 20, 2008, made a judgment of first instance on May 30, 2008, rejecting the plaintiff's claim of Shanghai Foreign Trade and Economic Cooperation Co., Ltd., and the case acceptance fee shall be borne by the plaintiff. |
| Judgment date | 2008-05-30 |
| Whether to appeal | yes |
| Appellant of second instance | Defendant |
| Content of judgment of second instance | On December 28, 2008, the Hainan Higher People's Court made a second instance judgment on the case of Shanghai Foreign Labor Service Economic and Trade Cooperation Co., Ltd. appealing to the manager of Hainan SEG International Trust and Investment Co., Ltd., rejected the appeal of Shanghai Foreign Labor Service Economic and Trade Cooperation Co., Ltd., and upheld the original judgment. |
| Date of judgment of second instance | 2008-12-28 |
| Implementation | |
| Court of Acceptance | Hainan Intermediate People's Court |
| Court of second instance | Hainan Higher People's Court |
|
| Proclamation date of litigation and arbitration: August 9, 2008 |
|---|
| Date of announcement | 2008-08-09 |
| Name of case | Company division dispute |
| Date of prosecution | |
| the prosecution | China Huarong Asset Management Co., Ltd |
| Defendant | CITIC Securities Co., Ltd |
| Type of litigation | civil action |
| Amount involved | 38487276 yuan |
| Case description | China Huarong Asset Management Co., Ltd. filed a lawsuit against the Beijing Second Intermediate People's Court on the grounds of the company division dispute, with the total amount of the subject matter of 38560291 yuan. According to the notice of the Second Intermediate People's Court of Beijing, the company participated in the hearing of the case and conducted defense, cross examination and debate. In the trial, China Huarong Asset Management Co., Ltd. reduced the amount of its claim to 38487276 yuan. On December 20, 2007, the Second Intermediate People's Court of Beijing Municipality made a first instance judgment on the case of China Huarong Asset Management Co., Ltd., in which the company was sentenced to pay 4823000 yuan to Huarong Asset Management Co., Ltd. and bear 29343 yuan of legal costs. The company filed an appeal on January 4, 2008. |
| Judgment content | On December 20, 2007, the Second Intermediate People's Court of Beijing Municipality made a first instance judgment on the case of China Huarong Asset Management Co., Ltd., in which the company was sentenced to pay 4823000 yuan to Huarong Asset Management Co., Ltd. and bear 29343 yuan of legal costs. |
| Judgment date | 2007-12-20 |
| Whether to appeal | yes |
| Appellant of second instance | Defendant |
| Content of judgment of second instance | |
| Date of judgment of second instance | |
| Implementation | The Beijing Higher People's Court made a civil ruling on July 3, 2008, allowing the company to withdraw the lawsuit, and the parties concerned shall execute according to the judgment of first instance. Huarong Company claimed 38487276 yuan in the first instance. According to the civil ruling of Beijing Higher People's Court, the company needs to pay Huarong 4823000 yuan of the first instance judgment, 29343 yuan of the first instance case acceptance fee and 22692 yuan of the second instance case acceptance fee, totaling 4875035 yuan. |
| Court of Acceptance | intermediate people's court |
| Court of second instance | Beijing Higher People's Court |
|
| Proclamation date of litigation and arbitration: August 12, 2005 |
|---|
| Date of announcement | 2005-08-12 |
| Name of case | Stock infringement dispute |
| Date of prosecution | 2004-02 |
| the prosecution | Nanjing Wanzhong Company |
| Defendant | CITIC Securities Co., Ltd Tianyuan Company |
| Type of litigation | civil action |
| Amount involved | 19231809 million yuan |
| Case description | In February 2004, Nanjing Wanzhong Company sued Shanghai First Intermediate People's Court on the basis of stock infringement dispute, demanding CITIC Securities and Tian Yuan Company to bear the compensation liability of 19231809 million yuan. |
| Judgment content | In July 2004, the First Intermediate People's Court of Shanghai made a first instance judgment on the case, deciding that Tianyuan Company compensated Nanjing Wanzhong Company with 18.182529 million yuan and its interest, and rejected other claims of Nanjing Wanzhong. |
| Judgment date | 2004-07 |
| Whether to appeal | yes |
| Appellant of second instance | the prosecution |
| Content of judgment of second instance | On May 17, 2005, the Shanghai Higher People's Court made a final judgment on the "Nanjing Wanzhong" case, holding that the court of first instance clearly identified the facts and correctly applied the law, which should be upheld, thus rejecting the appeal request of Nanjing Wanzhong Company and maintaining the first instance judgment. |
| Date of judgment of second instance | 2005-05-17 |
| Implementation | |
| Court of Acceptance | Shanghai First Intermediate People's Court |
| Court of second instance | Shanghai Higher People's Court |
|
| Proclamation date of litigation and arbitration: April 20, 2005 |
|---|
| Date of announcement | 2005-04-20 |
| Name of case | Overdraft dispute |
| Date of prosecution | |
| the prosecution | Cao Heping |
| Defendant | CITIC Securities Co., Ltd |
| Type of litigation | civil action |
| Amount involved | 16349967 yuan |
| Case description | In 1994, Cao Heping, a customer of the company's Hubei Road Business Department in Shenzhen, made a malicious overdraft, which caused a dispute between the two parties. Cao Heping sued to the Shenzhen Intermediate People's Court |
| Judgment content | The Shenzhen Intermediate People's Court rejected Cao Heping's claim. Cao Heping objected to the judgment and appealed to the Guangdong Higher People's Court. The litigation object of the case is 16349967 yuan. |
| Judgment date | |
| Whether to appeal | yes |
| Appellant of second instance | the prosecution |
| Content of judgment of second instance | On December 22, 2004, the Guangdong Higher People's Court made a final judgment on the case, rejecting Cao Heping's appeal and maintaining the first instance judgment. |
| Date of judgment of second instance | 2004-12-22 |
| Implementation | |
| Court of Acceptance | Shenzhen Intermediate People's Court |
| Court of second instance | Guangdong Provincial High People's Court |
|
| Proclamation date of litigation and arbitration: April 20, 2005 |
|---|
| Date of announcement | 2005-04-20 |
| Name of case | contract dispute |
| Date of prosecution | 2003-06 |
| the prosecution | Shanghai Zhongying Investment Consulting Co., Ltd |
| Defendant | Shanghai Humin Road Business Department CITIC Securities Co., Ltd Hainan Yanyuan Investment Management Co., Ltd |
| Type of litigation | civil action |
| Amount involved | RMB 47.502810 million |
| Case description | In June 2003, Shanghai Zhongying Investment Consulting Co., Ltd. sued CITIC Securities Co., Ltd. Shanghai Humin Road Business Department (the first defendant), CITIC Securities Co., Ltd. (the second defendant), Hainan Yanyuan Investment Management Co., Ltd. (the third defendant) with the object of action of RMB 47.50281 million on the ground of contract dispute. |
| Judgment content | In December 2003, the Second Intermediate People's Court of Beijing made a judgment of first instance, which found that: ① the asset entrustment management agreement and supplementary agreement signed between Shanghai Zhongying Investment Consulting Co., Ltd. and Hainan Yanyuan Investment Management Co., Ltd., CITIC Securities Co., Ltd. Shanghai Humin Road Business Department were invalid; ② Hainan Yanyuan Investment Management Co., Ltd. returned 33.44422 million yuan to Shanghai Zhongying Investment Consulting Co., Ltd.; ③ Reject other claims of Shanghai Zhongying Investment Consulting Co., Ltd. |
| Judgment date | 2003-12 |
| Whether to appeal | yes |
| Appellant of second instance | the prosecution |
| Content of judgment of second instance | |
| Date of judgment of second instance | |
| Implementation | |
| Court of Acceptance | intermediate people's court |
| Court of second instance | Beijing Higher People's Court |
|
| Proclamation date of litigation and arbitration: April 20, 2005 |
|---|
| Date of announcement | 2005-04-20 |
| Name of case | contract dispute |
| Date of prosecution | 2003-04 |
| the prosecution | Chongqing Huaneng Stone Powder Co., Ltd |
| Defendant | Chongqing Jiaochangkou Business Department of CITIC Securities Co., Ltd CITIC Securities Co., Ltd |
| Type of litigation | civil action |
| Amount involved | 11909005 yuan |
| Case description | In April 2003, Chongqing Huaneng Stone Powder Co., Ltd. sued to Chongqing No. 1 Intermediate People's Court for contract disputes, requiring CITIC Securities Co., Ltd. Chongqing Jiaochangkou Business Department and CITIC Securities Co., Ltd. to return the principal and interest of the entrusted assets totaling 11909005 yuan. |
| Judgment content | After hearing in court, the Chongqing First Intermediate People's Court made a first instance judgment on the case in September 2004, and the judgment result was: ① the business department paid 8847458.79 yuan of Huaneng Stone Powder and the loss of the fund occupation, and CITIC Securities was jointly and severally liable for the obligation of the business department; ② Reject other claims of Huaneng Stone Powder; ③ Huaneng Stone Powder bears 7695 yuan of litigation costs, and CITIC Securities and the Business Department jointly bear 69250 yuan of litigation costs. |
| Judgment date | 2004-09 |
| Whether to appeal | yes |
| Appellant of second instance | Defendant |
| Content of judgment of second instance | |
| Date of judgment of second instance | |
| Implementation | |
| Court of Acceptance | Chongqing No.1 Intermediate People's Court |
| Court of second instance | Chongqing Higher People's Court |
|
