Core Viewpoint - The company establishes a long-term mechanism to prevent the controlling shareholder, actual controller, and related parties from occupying its funds, ensuring compliance with relevant laws and regulations [1][2][3]. Group 1: General Principles - The company aims to prevent the occupation of funds by the controlling shareholder, actual controller, and related parties through a set of regulations based on Chinese laws and its own articles of association [1]. - Directors and senior management are required to act diligently to safeguard the company's funds and assets [1]. Group 2: Prohibited Fund Transfers - The company is prohibited from providing funds directly or indirectly to the controlling shareholder, actual controller, and related parties for various expenses, including salaries, benefits, and other costs [2]. - Any loans or financial assistance to these parties must comply with specific conditions, excluding certain exceptions [2]. - Transactions lacking a genuine commercial background or that violate business logic are also prohibited [2]. Group 3: Fund Occupation and Settlement - Funds occupied by the controlling shareholder or related parties should primarily be repaid in cash, with strict controls on non-cash asset settlements [3]. - Non-cash assets used for repayment must belong to the same business system and enhance the company's independence [3][4]. - Independent directors must provide opinions on asset repayment plans, and such plans require shareholder approval [4]. Group 4: Responsibilities and Measures - The company is responsible for preventing fund occupation and establishing a long-term mechanism for this purpose [5]. - The chairman of the board is designated as the primary responsible person for preventing fund occupation [5]. - Regular checks by the finance and audit departments are mandated to monitor transactions with related parties [5]. Group 5: Consequences of Fund Occupation - In cases of fund occupation, the company must develop a repayment plan and report to regulatory authorities [5]. - The company has the right to deduct cash dividends from shareholders who occupy funds to repay the occupied amounts [5]. - Directors who assist or condone such actions may face disciplinary measures [5].
中国动力: 中国动力防范控股股东及关联方占用资金管理制度(2025年7月修订)