United States District Court of Massachusetts Bars Activist 1Globe Capital and Jiaqiang Li From Making Further Materially Misleading Statements Regarding Sinovac
Court Found That 1Globe and Li Likely Violated Disclosure Obligations; Mandates Both File Updated Disclosures Within 5 Days of Order
Decision Cites Prolonged Pattern of Corruption and Deception by 1Globe and Li
Vivo Calls on All Shareholders to Support SAIF’s Slate of Qualified Nominees, Reject 1Globe’s Deception, and Stand Up for Transparent Corporate Governance Ahead of Special Meeting of Shareholders on
Effectively, the decision compels 1Globe to “come clean” after years of deliberately circumventing proper disclosure laws to mislead other shareholders of their true ownership position and intentions regarding their investment in Sinovac. As Vivo demonstrated to Judge
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Mr. Li involved three relatives to discreetly build positions in Sinovac, later used to the activists’ advantage in the 2018 Annual General Meeting for Shareholders (“AGM”); the relatives’ stock positions and relations toMr. Li were not publicly disclosed. - In the lead-up to the 2018 AGM, and during 1Globe’s legal battle against the Company, 1Globe failed to make any Sinovac-related disclosures until after the shareholder vote occurred.
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1Globe and its allies were found by both the
High Court of Hong Kong and a regulator from the People’sRepublic of China to have forged documents on separate occasions in 2018 and 2020, respectfully, to unlawfully change the directors of Sinovac subsidiaries.
This decision affirms Vivo’s efforts to restore transparent corporate governance at Sinovac. Given the precedent set by 1Globe, Vivo believes they, along with OrbiMed, will continue their attempts to harm and disenfranchise shareholders until and unless the Board is reconstituted. Vivo has remained steadfast in its mission to restore trust in the Company’s governance, and ultimately, in the Company’s ability to resume trading and return cash to shareholders, despite 1Globe’s attempts to illegally exclude Vivo from exercising our lawful right to vote at the upcoming Special Meeting of Shareholders to be held on
Vivo echoes the calls by other long-term shareholders, such as
If the new Board is elected, Vivo believes they will restore proper governance, a critical step to enable the Company to (i) retain a new auditor, (ii) accelerate the implementation of a legitimate, audited, and realistic dividend plan maximizing all shareholders’ returns, (iii) get back on track towards restoring trading on the NASDAQ, and (iv) end all cost-consuming shareholder disputes.
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