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剑指资金占用顽疾 监管层下重手要求上市公司整改
Zheng Quan Ri Bao Zhi Sheng·2025-05-28 16:39

Core Viewpoint - The regulatory authorities in China are intensifying their scrutiny of the misuse of funds by listed companies, particularly focusing on the actions of major shareholders and actual controllers who exploit company resources for personal gain [1][2][3]. Regulatory Actions - The China Securities Regulatory Commission (CSRC) has introduced new rules requiring listed companies to promptly demand the return of misappropriated funds and disclose the reasons for such actions, their impact on the company, and the rectification plans [1][2]. - As of May 28, 2023, there have been 48 administrative measures or penalties against 37 companies related to fund misuse, including warnings, fines, and orders for correction [1][2]. Enforcement Against Major Shareholders - The regulatory bodies are targeting the "key minority," which includes major shareholders and executives who engage in fund misappropriation, with a focus on both direct and indirect methods of fund occupation [2][3]. - Specific cases, such as the reprimand of ST Dongshi for failing to return 106 million yuan of raised funds, illustrate the ongoing enforcement actions against individuals involved in fund misuse [2][3]. Accountability Mechanisms - The regulatory framework emphasizes that misappropriated funds must be returned, with strict deadlines for rectification and potential delisting for non-compliance [4][5]. - Companies are encouraged to utilize legal measures, such as lawsuits and asset freezes, to recover misappropriated funds, ensuring the protection of minority shareholders [5][6]. Independent Oversight - Independent directors are actively involved in urging management to recover misappropriated funds, as seen in the case of ST Changkang, where independent directors issued a reminder to address fund occupation issues [6]. - The China Securities Investor Services Center is promoting collective and derivative lawsuits to enhance investor protection and ensure accountability for fund misuse [6].