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对资金占用不手软 监管部门处罚2家公司
Zheng Quan Ri Bao Wang·2025-08-26 17:08

Group 1 - Two listed companies, *ST Lingda and Xinhua Jin, faced regulatory penalties for fund occupation and illegal guarantees, with *ST Lingda receiving a proposed fine of 5 million yuan from Dalian Securities Regulatory Bureau [1][3] - Xinhua Jin reported a fund occupation balance of 406 million yuan in its 2025 semi-annual report and was ordered by Qingdao Securities Regulatory Bureau to rectify the situation within six months [1][5] - The new delisting rules introduced in April last year include significant fund occupation as a reason for potential delisting, with eight companies having resolved fund occupation issues, recovering over 8 billion yuan in total [1][7] Group 2 - Regulatory authorities maintain a "zero tolerance" approach towards fund occupation and illegal guarantees, with a focus on protecting the rights of listed companies and minority investors [2][8] - The Dalian Securities Regulatory Bureau's investigation into *ST Lingda revealed that the company had occupied funds totaling 65.6 million yuan and provided illegal guarantees amounting to 126 million yuan, severely harming the rights of shareholders [3][4] - Xinhua Jin's actual controller is involved in non-operational fund occupation, and the company has proposed a plan to transfer equity to cover the occupied funds, with a deal valued at 666 million yuan [6][8] Group 3 - The regulatory framework has been strengthened to ensure accountability for fund occupation, with civil and criminal liabilities being pursued against responsible parties [7][10] - Recent cases highlight the challenges in criminal accountability for fund occupation, with a need for clearer standards and judicial interpretations regarding breaches of fiduciary duty [9][10] - The new "National Nine Articles" emphasize the need for comprehensive regulations and judicial interpretations to enhance the accountability of major shareholders and actual controllers involved in financial misconduct [10]