蚁力神事件 - 未名空间MITBBS历史存档

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蚁力神事件

蚁力神事件# Law - 律师事务所

c*d2007-12-12 08:12

1 楼

If this happened in the US, the scheme would likely have been an "investment
contract" and subject to the tough federal securities laws.
From reading the news, it seems that the company faces no security law
liabilities in China. The investors are screwed.
Anyone would like to chime in?
This is not legal advice. You're not my client and your problem is not mine.

W*r2007-12-12 08:12

2 楼

W*r2007-12-12 08:12

3 楼

There are no securities liabilities in China. Practically, investors made
their business decisions based on government's certification of 蚁力神's
medical effect. That trust is the assumption of their conclusion -- because
government cannot certify something that's unfounded.
It is beyond our knowledge whether 蚁力神 tricked
government or simply conspired with government in this scheme. THe gist
is, government shall be aware of the fact that people WILL base their
business decisions on governm

【在 c**d 的大作中提到】

: If this happened in the US, the scheme would likely have been an "investment
: contract" and subject to the tough federal securities laws.
: From reading the news, it seems that the company faces no security law
: liabilities in China. The investors are screwed.
: Anyone would like to chime in?
: This is not legal advice. You're not my client and your problem is not mine.

c*d2007-12-12 08:12

4 楼

This was a ill-conceived investment vehicle to start with. The soundness of
medical-effect certification seems of little relevance to me.
In other words, the government certified that "we think this product has
positive medical effect," not "we think you should invest in this company."
Of course, one will base investment decisions based on this medical-effect
certification, but one should also take into account all the investment
risks, including the risk that the medical certification was flawe

【在 W*********r 的大作中提到】

: There are no securities liabilities in China. Practically, investors made
: their business decisions based on government's certification of 蚁力神's
: medical effect. That trust is the assumption of their conclusion -- because
: government cannot certify something that's unfounded.
: It is beyond our knowledge whether 蚁力神 tricked
: government or simply conspired with government in this scheme. THe gist
: is, government shall be aware of the fact that people WILL base their
: business decisions on governm