China News Service, February 21 (China News Financial Reporter Wu Jiaju) Recently, the Guangdong Securities Regulatory Bureau issued the "No. 1 Fine" in 2024. Xie Moudi, a "post-50s generation", borrowed 5 securities accounts to engage in securities transactions, with a total transaction volume of 3.577 billion yuan. The Guangdong Securities Regulatory Bureau decided to order Xie Moudi to make corrections, give her a warning, and impose a fine of 400,000 yuan.

  Picture from the website of Guangdong Securities Regulatory Bureau

  The administrative penalty decision letter shows that Xie Moudi, female, was born in January 195X, and her address is Haishu District, Ningbo City, Zhejiang Province.

  Between October 16, 2019 and March 27, 2023, Xie Moudi borrowed a total of 5 securities accounts to engage in securities transactions, with a total transaction volume of 3.577 billion yuan.

  From December 18, 2020 to March 8, 2023, Xie Moudi borrowed the "Hu Mouqin" securities account to engage in securities transactions. From October 16, 2019 to March 28, 2023, Xie Moudi borrowed the "Zhang" securities account to engage in securities transactions. From December 30, 2020 to March 27, 2023, Xie Moudi borrowed the "You Mouzhen" securities account to engage in securities transactions. From June 1, 2020 to August 15, 2022, Xie Moudi borrowed the "Yao Mouming" securities account to engage in securities transactions. From November 26, 2020 to May 26, 2021, Xie Moudi borrowed the "Zhao" securities account to engage in securities transactions.

  During the borrowing period, Xie Moudi agreed with the account provider to contribute capital at a ratio of one to two and actually invested transaction funds.

According to statistics, a total of 3,577,157,764.09 yuan of securities transactions occurred in the above-mentioned securities accounts during the borrowing period, including 489,747,764.09 yuan of stock, convertible bond and other transactions, and 3,087,410,000 yuan of pledged treasury bond repurchase transactions.

  Xie Moudi pointed out in her defense materials: First, she and Hu Mouqin, Zhang, and Youzhen are in a cooperative relationship to engage in securities business. Both parties contribute capital and share according to the agreed ratio, and the account holder himself bears the losses. It is essentially different from borrowing other people's securities accounts to engage in securities transactions. Secondly, he does not know and has never borrowed or operated the securities accounts of "Yao Mouming" and "Zhao Mou".

  The Guangdong Securities Regulatory Bureau believes that the records of inquiries in the case, relevant agreements, funds of the accounts involved in the case, transactions and trading equipment hardware information and other evidence are sufficient to prove that Xie Moudi actually controls the five accounts involved in the case including "Hu Mouqin" and invested her own funds The accounts involved were involved in transactions, and the relevant behavior constituted borrowing. At the same time, the owners of the "Yao Ming" and "Zhao" accounts, Yao Ming and Zhao, and the account borrowing intermediary Zhang 1, all identified that the account was lent to Xie Moudi for use after being introduced by Zhang 1. The Guangdong Securities Regulatory Bureau did not accept Xie Moudi’s defense opinions.

Xie Moudi's act of borrowing other people's securities accounts to engage in securities transactions violated the provisions of Article 58 of the Securities Law, and constituted the act of borrowing other people's securities accounts to engage in securities transactions as described in Article 195 of the Securities Law. .

  Based on the facts, nature, circumstances and degree of social harm of the parties’ illegal acts, and in accordance with Article 195 of the Securities Law, the Guangdong Securities

Regulatory Bureau decided to order Xie Moudi to make corrections, give her a warning, and impose a fine of 400,000 yuan. fine.

  Article 58 of the Securities Law stipulates that no unit or individual may violate regulations by lending its own securities account or borrowing the securities accounts of others to engage in securities transactions. Article 195 of the Securities Law stipulates that anyone who violates the provisions of Article 58 of this Law by lending his or her own securities account or borrowing the securities account of others to engage in securities transactions shall be ordered to make corrections, given a warning, and may be fined fifty A fine of less than 10,000 yuan. (over)