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上海雅仕: 防范控股股东、实际控制人及其关联方资金占用管理办法(2025年8月修订)

Core Viewpoint - The document outlines the management measures to prevent the controlling shareholder, actual controller, and related parties from occupying the funds of Shanghai Yashi Investment Development Co., Ltd, aiming to protect the interests of the company and its shareholders [1][2]. Group 1: General Principles - The measures are established to strengthen and standardize the company's fund management, preventing fund occupation by controlling shareholders and related parties [1]. - The provisions apply to fund transactions between the company and its controlling shareholders, actual controllers, and related parties, including subsidiaries [1][2]. Group 2: Definition of Fund Occupation - Fund occupation includes both operational and non-operational fund occupation [2]. - Operational fund occupation arises from related transactions in production and operation, while non-operational fund occupation involves payments for wages, benefits, and other expenses on behalf of the controlling shareholders or related parties [2][3]. Group 3: Prevention Principles - The company must not allow fund occupation through various means, including paying expenses for controlling shareholders or lending funds without proper transactions [3][4]. - The controlling shareholders and related parties are prohibited from occupying company funds through any form of related transactions or asset restructuring [4]. Group 4: Preventive Measures - The board of directors is responsible for managing the prevention of fund occupation, and all relevant personnel must monitor fund flows strictly [5][6]. - A leadership group is established to oversee the prevention measures, consisting of the chairman, general manager, and financial officer [5]. Group 5: Responsibilities and Accountability - Violations of the measures by controlling shareholders or related parties will result in compensation responsibilities, and relevant personnel may face disciplinary actions [10][11]. - The board will implement mechanisms to freeze shares held by those who occupy company funds, ensuring accountability [19][20]. Group 6: Implementation and Amendments - The measures will take effect upon approval by the board and will replace previous regulations on fund occupation [12].