违规担保
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2家上市公司被严惩 监管直指资金占用始作俑者
Zheng Quan Shi Bao Wang· 2025-08-26 13:53
Core Viewpoint - The regulatory authorities are intensifying their crackdown on non-operational fund occupation by major shareholders and related parties of listed companies, emphasizing strict enforcement and accountability to protect the interests of minority shareholders and ensure high-quality development of the capital market [1][4][5]. Group 1: Regulatory Actions - On August 26, *ST Lingda was issued an administrative penalty notice for suspected fund occupation and illegal guarantees, with fines totaling 5 million yuan for the chairman and vice-chairman [1][2]. - Xinhua Jin received an administrative regulatory decision on the same day due to non-operational fund occupation amounting to 406 million yuan, with potential stock warnings and delisting risks if funds are not recovered within specified timeframes [1][2]. - Regulatory bodies are committed to a principle of "occupation must be repaid, rectification has a deadline, and delisting is not exempt," enhancing compliance awareness among listed companies through training and case warnings [1][4]. Group 2: Specific Cases and Consequences - *ST Lingda was found to have occupied funds totaling 65.6 million yuan and provided illegal guarantees of 126 million yuan, severely harming the rights of the company and minority shareholders [2][3]. - The responsible executives, Wang Mingsheng and Lin Zhihuang, face individual fines of 2 million yuan each for their roles in the illegal activities and failure to disclose information [3][4]. - The case highlights a lack of compliance awareness among the "key minority" in listed companies, with the intention to deter similar future misconduct through strict penalties [3][4]. Group 3: Broader Regulatory Framework - The regulatory authorities have been actively addressing major shareholder fund occupation and illegal guarantees, achieving positive results through a three-year action plan aimed at improving the quality of listed companies [4][5]. - Since the implementation of new delisting rules, eight companies have resolved fund occupation issues, recovering over 8 billion yuan [4][5]. - The China Securities Regulatory Commission (CSRC) has maintained a "zero tolerance" policy towards fund occupation, with 35 cases addressed in 2024 alone, emphasizing both administrative and criminal accountability [5][6]. Group 4: Future Directions - Regulatory bodies are working on enhancing administrative penalties and pushing for the introduction of new regulations to increase deterrence against fund occupation [6]. - Experts suggest a multi-faceted approach to tackle fund occupation, including the use of civil, administrative, and criminal enforcement tools, and ensuring proper disclosure and governance in significant related transactions [6].
证监会再出手!2家公司涉资金占用被罚!
Zheng Quan Ri Bao Wang· 2025-08-26 13:48
Core Viewpoint - Recent regulatory actions against listed companies highlight a stringent approach to address fund occupation and illegal guarantees, emphasizing the need for compliance awareness among key stakeholders in the industry [1][2][3]. Group 1: Regulatory Actions - On August 26, two listed companies, *ST Lingda and Xinhua Jin, faced penalties for fund occupation, with *ST Lingda receiving a proposed fine of 5 million yuan from Dalian Securities Regulatory Bureau [1][2]. - Xinhua Jin reported a fund occupation balance of 406 million yuan and was ordered by Qingdao Securities Regulatory Bureau to rectify the situation within six months, failing which delisting procedures may commence [1][4]. - The new delisting regulations introduced last year include unrectified large fund occupations as a reason for potential delisting, with eight companies having resolved similar issues, recovering over 8 billion yuan in total [1][6]. Group 2: Compliance and Accountability - The Dalian Securities Regulatory Bureau's investigation revealed that *ST Lingda's former chairman and vice chairman were involved in fund occupation and illegal guarantees, leading to a proposed fine of 5 million yuan for both [2][3]. - The company utilized various methods to transfer funds to related parties, significantly harming the interests of the company and minority shareholders [2][3]. - Regulatory bodies are emphasizing the importance of compliance among the "key minority" in listed companies, urging them to enhance their awareness of legal obligations [3]. Group 3: Industry Impact and Future Outlook - The ongoing regulatory pressure aims to protect the rights of listed companies and minority investors, with a focus on establishing a robust governance framework [1][6]. - The market is closely monitoring the implementation of Xinhua Jin's fund recovery plan, which involves transferring equity to cover the fund occupation [4][5]. - The regulatory environment is evolving, with a push for clearer legal definitions and consequences for fund occupation and related offenses, including potential criminal liabilities for key stakeholders [8][9].
浙江省围海建设集团股份有限公司2025年半年度报告摘要
Shang Hai Zheng Quan Bao· 2025-08-25 21:12
Core Viewpoint - The company is under investigation by the China Securities Regulatory Commission (CSRC) for suspected violations of information disclosure laws, which has led to administrative penalties and ongoing legal issues [5][6][40]. Group 1: Company Overview - The company is identified as Zhejiang Province Weihai Construction Group Co., Ltd., with stock code 002586 and is currently under special risk warning due to past violations [36][40]. - The company has not changed its controlling shareholder or actual controller during the reporting period [5][6]. Group 2: Financial Data and Performance - The company reported a total of 2,469,999,995.81 RMB raised from a non-public stock issuance in 2017, with a net amount of 2,447,726,145.75 RMB after deducting fees [8][9]. - As of June 30, 2025, the company has used a total of 200,235.63 million RMB of the raised funds, with a remaining balance of 59,917.51 million RMB [10][11]. Group 3: Fund Management and Usage - The company has established a management system for the raised funds, ensuring they are stored in dedicated bank accounts and managed according to regulatory requirements [12]. - The company temporarily used 240 million RMB of idle raised funds to supplement working capital, which was fully returned within the stipulated time frame [14]. Group 4: Legal and Regulatory Issues - The company is facing multiple lawsuits and arbitration cases that have resulted in the freezing of its bank accounts, impacting its financial operations [20][22][24]. - The company has been penalized for providing illegal guarantees and misusing funds, with significant amounts involved in these violations [43]. Group 5: Recent Developments - The company has recently won a bid for a project worth 155,930,014 RMB, which is expected to positively impact its future revenue and net profit [33][34]. - The company’s stock has been under special risk warning since 2019 due to various financial irregularities, including fund misappropriation and guarantees [36][40].
000716,停牌,国资拟入主
Zhong Guo Ji Jin Bao· 2025-08-04 09:34
Core Viewpoint - The company is undergoing a potential change in control as its major shareholder, Guangxi Heiwulei Food Group, plans to transfer approximately 20% of its shares to a state-owned enterprise in Guangxi, which may lead to significant strategic shifts for the company [1][5]. Group 1: Share Transfer and Control Change - Guangxi Heiwulei Food Group is planning to transfer about 20% of its shares in the company to a state-owned enterprise, which could result in a change of control [1][5]. - The company has applied for a trading suspension, effective from August 4, with an expected duration of no more than two trading days [1][5]. Group 2: Business Performance and Strategic Direction - The traditional food business of the company has shown weak growth, prompting attempts to diversify into the renewable energy sector, which have faced challenges [4][6]. - The company has experienced a continuous decline in net profit from 2018 to 2022, with losses of 109 million yuan and 140 million yuan in 2021 and 2022, respectively [8]. - The company attempted to enter the renewable energy market by acquiring a majority stake in Tianchen New Energy but ultimately terminated the deal in April 2023, shifting focus back to the health food sector [8][9]. Group 3: Financial Issues and Governance - The company has faced scrutiny for non-operational fund occupation and irregular guarantees, leading to a warning from the Guangxi Securities Regulatory Bureau [10][13]. - The former chairman, Wei Qingwen, resigned in August 2024 amid governance issues, with the company being criticized for financial mismanagement [11][12]. - In the first quarter of 2025, the company reported revenue of 442 million yuan, a year-on-year decline of 3.74%, and a net profit of 2.25 million yuan, down 29.61% year-on-year [15].
*ST正平: 正平股份关于公司股票被实施其他风险警示相关事项的进展公告
Zheng Quan Zhi Xing· 2025-08-01 16:35
Core Viewpoint - The company, Zhengping Road and Bridge Construction Co., Ltd., is facing significant operational challenges, including a negative audit report on internal controls for 2024, substantial uncertainty regarding its ability to continue operations, and instances of illegal guarantees, leading to its stock being placed under risk warning starting May 6, 2025 [1][2][3]. Group 1: Risk Warnings and Financial Issues - The company received a negative opinion on its internal control audit report for 2024, indicating serious operational issues [2][3]. - The company has been involved in illegal guarantees amounting to 35 million yuan, which have since been resolved [1][3]. - As of the end of 2024, the company reported a non-operating fund occupation of 17.55 million yuan by a minority shareholder, with a current balance of 4.21 million yuan after partial repayment [2][3]. Group 2: Measures and Progress - The company has taken steps to resolve the illegal guarantee issue by repaying the 35 million yuan loan to the bank, which has been cleared [3]. - To address the fund occupation issue, the company has conducted thorough investigations and is working to recover the remaining funds while enhancing internal controls [3][4]. - The company is actively seeking to stabilize its traditional business and expand into new areas to improve revenue and manage liquidity pressures related to temporarily unreturned fundraising of 190 million yuan [4][5]. Group 3: Internal Control Enhancements - The company has established an internal control working group to strengthen management and has initiated a comprehensive review of its internal control systems [5]. - New management procedures for project measurement and settlement have been implemented, along with enhanced communication between departments [5]. - The company is conducting special inspections on ongoing projects to continuously improve management standards [5].
凯撒旅业: 关于控股子公司违规对外担保解决的进展公告
Zheng Quan Zhi Xing· 2025-07-29 16:32
一、违规担保及有关解决措施的基本情况 证券代码:000796 证券简称:凯撒旅业 公告编号:2025-037 凯撒同盛发展股份有限公司 本公司及董事会全体成员保证信息披露的内容真实、准确、完整,没有虚假 记载、误导性陈述或重大遗漏。 凯撒同盛发展股份有限公司(以下简称"公司")子公司重庆同盛假期国 际旅行社有限公司(以下简称"重庆同盛")2022 年为贵州省西江千户苗寨风 情旅行社有限责任公司(以下简称"苗寨旅行社")向重庆康程国际旅行社有 限公司(以下简称"重庆康程")的应付回购款项提供了连带责任担保,该担 保事项未履行上市公司董事会、股东大会法定审议程序,也未履行信息披露义 务。 针对上述违规担保事项公司高度重视,公司董事会及管理层已积极督促相 关责任人采取有效措施,已协助子公司采取司法手段、控股股东出具《承诺 函》并支付保证金等多种措施,有效消除对外担保对公司及子公司重庆同盛的 影响,积极维护公司和全体股东的合法权益。具体内容详见公司于 2025 年 4 月 告编号:2025-020)。 二、进展情况 近日,就重庆同盛申请仲裁请求担保责任无效事项,重庆同盛收到重庆仲 裁委员会送达的(2025)渝仲字第 ...
ST泉为: 关于申请撤销部分其他风险警示并继续实施其他风险警示的公告
Zheng Quan Zhi Xing· 2025-07-29 16:32
证券代码:300716 证券简称:ST泉为 公告编号:2025-055 广东泉为科技股份有限公司 关于申请撤销部分其他风险警示 并继续实施其他风险警示的公告 本公司及董事会全体成员保证信息披露的内容真实、准确、完整,没有虚假 记载、误导性陈述或重大遗漏。 特别提示: 已经全部终结,经宿州中级人民法院判决,公司无需承担连带担保责任。 违规担保事项而触及的其他风险警示情形已消失,经第四届董事会第三十六次 会议审议通过,向深圳证券交易所申请撤销部分其他风险警示。 他风险警示,股票简称仍为"ST 泉为",股票代码300716 。 一、公司股票被实施叠加其他风险警示的情况 就前述违规担保事项,公司在一审判决的基础上向安徽省宿州市中级人民 法院(以下简称"宿州市中级人民法院")提起上诉。2025 年 5 月 20 日,公 司收到安徽省宿州市中级人民法院二审开庭传票,2025 年 5 月 28 日,宿州市 中级人民法院于进行了开庭审理和谈话,2025 年 7 月 16 日,宿州市中级人民 法院做出 《民事判决书》(2025 皖 13 民终 1781 号)。 宿州市中级人民法院认为,根据《最高人民法院关于适用〈中华人民共和 ...
ST东时: 北京德皓国际会计师事务所(特殊普通合伙)关于东方时尚驾驶学校股份有限公司2024 年年度报告的信息披露监管问询函回复
Zheng Quan Zhi Xing· 2025-07-14 13:15
Core Viewpoint - The company, Dongfang Shifang Driving School Co., Ltd., is facing significant financial scrutiny due to non-operational fund occupation by its controlling shareholder and related parties, which has led to regulatory inquiries and potential risks of delisting [2][10]. Financial Issues - As of the end of 2024, the total non-operational fund occupation by the controlling shareholder and related parties amounts to 387.34 million yuan, representing 41.80% of the company's net assets [2][4]. - The company has two instances of illegal guarantees totaling approximately 7.7 million yuan, which is 8.34% of the net assets [2][4]. - The company has not yet repaid the occupied funds, with an expected repayment date set for October 19, 2025 [2][10]. Regulatory Actions - The Beijing Securities Regulatory Bureau issued a corrective order on December 19, 2024, requiring the company to return all occupied funds within six months [2][10]. - The company received a negative opinion on its internal controls for 2024 due to the aforementioned financial issues [2][20]. Legal Proceedings - The company has initiated legal actions to recover the occupied funds, including a lawsuit against Beijing Qianzhong Phantom Technology Co., Ltd. and Beijing Tonglong Automobile Sales Co., Ltd. [8][9]. - The company is also involved in arbitration with Guangfa Securities regarding a guarantee that was issued without proper internal approval, which may lead to significant financial liabilities [17][19]. Internal Control Deficiencies - The internal control audit for 2024 revealed significant deficiencies related to the management of funds occupied by related parties, particularly concerning the delivery of VR simulators and AI driving training systems [20][21]. - The company has established a monitoring mechanism to prevent future fund occupation incidents and enhance compliance with regulatory requirements [20][21]. Project Development Risks - The company’s Chongqing subsidiary has a construction project with a balance of 485 million yuan, which is 88.36% complete but faces risks of land recovery due to unpaid rent, potentially leading to impairment losses of 142 million yuan [22][23]. - The project has been delayed due to financial constraints and regulatory investigations involving the company's actual controller [22][25].
ST泉为: 关于违规担保事项的进展公告
Zheng Quan Zhi Xing· 2025-06-24 19:25
Group 1 - The company Guangdong Quanwei Technology Co., Ltd. has disclosed a violation regarding a guarantee provided by its subsidiary Anhui Quanwei Green Energy Technology Co., Ltd. for a concrete procurement contract, which was not approved by the board or disclosed externally, constituting a procedural violation [1][2] - The company has identified this violation during the 2024 audit process and has previously disclosed related information in announcements [1] - The company is currently involved in a lawsuit regarding this guarantee, having appealed to the Intermediate People's Court of Suzhou City, Anhui Province, with the second trial hearing held on May 28, 2025 [1][2] Group 2 - In response to the violation, the company is actively urging responsible parties to rectify the situation and is tracking the progress of the case [2] - The company plans to enhance its internal control systems and measures, particularly regarding the approval and management of guarantees, to prevent future violations and protect the interests of all shareholders, especially minority shareholders [2]
格力钛新能源所持广通汽车100%股权被冻结 公司声明:不会对生产经营产生重大影响
Mei Ri Jing Ji Xin Wen· 2025-06-16 13:34
Core Viewpoint - Gree Titanium New Energy Co., Ltd. has faced a judicial freeze on its 100% stake in Zhuhai Guangtong Automobile Co., Ltd. due to historical issues related to its former actual controller, Wei Yincang, who misused the company seal for unauthorized guarantees in December 2015 [1][2]. Group 1: Company Background - Gree Titanium New Energy was formerly known as Yinlong New Energy Co., Ltd., founded by Wei Yincang in 2009, focusing on lithium titanate battery technology, new energy vehicle manufacturing, and energy storage systems [2]. - Gree Electric Appliances acquired a 30.47% stake in Gree Titanium New Energy in 2021 and increased its stake to 55.01% by the end of 2023, holding 72.47% of voting rights [2]. Group 2: Judicial Freeze Details - The judicial freeze on Gree Titanium New Energy's stake in Guangtong Automobile is linked to Wei Yincang's unauthorized actions, which were not approved by the board of directors as per company regulations [2]. - The company plans to actively negotiate with the court and initiate legal proceedings to hold relevant parties accountable [2]. Group 3: Business Operations - Gree Titanium New Energy asserts that its business operations remain normal and that the equity freeze will not significantly impact its production and operations [3]. - The company has improved operational efficiency by adjusting production lines and optimizing order structures, with its new energy vehicles operating in over 240 cities nationwide [3].