证券时报·2025-05-23 14:45Core Viewpoint - The article emphasizes the regulatory crackdown on the misuse of funds by controlling shareholders of listed companies, highlighting the need for strict compliance and accountability in financial practices [1][3][5]. Group 1: Regulatory Actions - The Shanghai Stock Exchange has mandated four companies, including ST Dongshi and ST Huami, to recover non-operational funds occupied by their controlling shareholders to protect the interests of the companies and minority shareholders [1]. - The new "National Nine Articles" stresses the serious rectification of financial fraud and fund occupation, with regulatory bodies intensifying their efforts against such behaviors [1][3]. - In 2024, the China Securities Regulatory Commission (CSRC) will strictly combat 35 cases of fund occupation, maintaining a "zero tolerance" stance and increasing accountability for key individuals involved [3]. Group 2: Rectification and Compliance - The revised delisting rules in 2024 include provisions for companies that fail to rectify significant fund occupation issues, potentially leading to delisting [5]. - ST Xintong faced delisting risk due to its controlling shareholder's failure to resolve fund occupation within the designated timeframe, but managed to repay 568 million yuan in cash and 60.48 million yuan through equity compensation [5]. - Companies like ST Huami and ST Dongshi are under pressure to repay occupied funds within a specified correction period, or they will face delisting procedures [5]. Group 3: Accountability Post-Delisting - Companies that face delisting due to operational failures or financial irregularities are still required to repay any occupied funds, as the regulatory stance is that "delisting does not exempt from repayment obligations" [7]. - ST Yangguang's case illustrates that even after delisting, the company is urged to recover occupied funds, with ongoing legal actions against its controlling shareholder [7]. - ST Longyu has not repaid 868 million yuan of occupied funds, and the CSRC has initiated an investigation into the company [7]. Group 4: Investor Protection and Legal Actions - Companies are encouraged to take proactive measures to recover funds from controlling shareholders, with several firms already initiating lawsuits [9]. - Independent directors have played a crucial role in urging companies to conduct thorough checks on fund occupation issues and to ensure repayment from controlling shareholders [9]. - The investor protection center has successfully initiated a derivative lawsuit against ST Moden, resulting in a court ruling for the controlling shareholder to return 240 million yuan in occupied funds [9].