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京威股份因其副总买入6300股本公司股票而陷入退市危机,提醒了人们关注现行法中对于上市公司股权分布的要求。仔细检讨可以发现,仅规定社会公众持股最低比例并不足以保证上市公司的股权适度分散,还应该规定最低持股人数。《证券法》通过对公开发行的界定规定了200人的股东人数要求,以此为依据,中国证监会创设了非上市公众公司的概念。但非上市公司的概念中应当包括退市公司,而不应包括股份公开转让的公司。对非上市公众公司的监管应当考虑到对证券欺诈法律责任的适用问题。
Jingwei shares due to its vice president bought 6,300 shares of the company into a delisting crisis, reminding people to pay attention to the current law of listed companies for equity distribution requirements. A careful review shows that only setting a minimum public shareholding ratio is not enough to ensure the equity of listed companies is decentralized, and the minimum number of shareholders should be set. The Securities Law establishes the requirement of a shareholders number of 200 by defining the public offering, on the basis of which the CSRC has created the concept of a non-listed public company. However, the concept of non-listed companies should include delisting companies, but should not include the company shares publicly transferred. Regulation of unlisted public companies should take into account the application of legal liability for securities fraud.