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监管出手!罚款3.75亿元
中国基金报· 2025-09-12 15:47
Core Viewpoint - Yili Clean Energy (formerly known as Yili Clean Energy) and its controlling shareholder, along with 29 related responsible persons, have been fined 375 million yuan by the Inner Mongolia Securities Regulatory Bureau for financial fraud, related guarantees, and fund occupation from 2016 to 2023 [2][12]. Financial Misconduct - From 2016 to 2022, Yili Clean Energy and its subsidiaries inflated profits, assets, and revenues through various fraudulent activities, resulting in total profit inflation of 192.89 million yuan, 530.31 million yuan, 276.30 million yuan, 351.91 million yuan, 358.37 million yuan, 826.85 million yuan, and a loss of 128 million yuan, which represented 3.76%, 6.18%, 2.15%, 2.79%, 4.88%, 9.37%, and -12.77% of the reported profit totals for those years [4][5]. - The company also inflated assets by 700 million yuan, 696 million yuan, 3.115 billion yuan, 2.808 billion yuan, 3.026 billion yuan, and 703 million yuan from 2016 to 2021, which accounted for 3%, 2.38%, 8.49%, 8.14%, 8.31%, and 2.06% of the reported total assets [4][6]. Related Guarantees - Between 2017 and 2021, Yili Clean Energy provided guarantees to its controlling shareholder and related parties, with amounts of 850 million yuan, 1.95 billion yuan, 3.01 billion yuan, 2.112 billion yuan, and 1.562 billion yuan, representing 8.12%, 12.38%, 17.22%, 11.50%, and 8.18% of the latest audited net assets [6]. Fund Occupation - From 2016 to 2023, Yili Clean Energy and its subsidiaries occupied funds through various means, with amounts of 700.1 million yuan, 2.409 billion yuan, 2.835 billion yuan, 1.712 billion yuan, and 200 million yuan, which represented 6.89%, 23.00%, 18.00%, 9.79%, and 1.09% of the latest audited net assets [8]. - By the end of 2023, the occupied balance was 4.505 billion yuan, which accounted for 23.51% of the reported net assets [9]. Fraudulent Bond Issuance - Yili Clean Energy issued bonds in April and July 2020, with a total issuance scale of 1 billion yuan, using fraudulent financial data from previous years, constituting a fraudulent issuance of bonds [11]. Regulatory Actions - The company received a notice of administrative punishment from the China Securities Regulatory Commission (CSRC) and was delisted due to continuous stock prices below 1 yuan for 20 trading days [13]. - The CSRC has intensified its crackdown on financial fraud and misconduct among delisted companies, with a total of 67 companies penalized, amounting to 1.246 billion yuan in fines [12][14].
浙江明辉蔬果因投标提供虚假材料被全军采购禁入2年
Qi Lu Wan Bao· 2025-09-07 12:55
Core Viewpoint - Zhejiang Minghui Fruit and Vegetable Distribution Co., Ltd. has been penalized for providing false materials during a procurement activity, resulting in a two-year ban from military procurement activities starting from September 7, 2025 [1][5]. Group 1: Company Violations - The company engaged in violations such as providing false materials during a procurement process and failing to disclose significant share transfer agreements with investors [5][8]. - The company has been found to have unclear equity ownership due to shareholding arrangements that were not properly disclosed, leading to regulatory scrutiny [5][8]. - There were instances of non-operational fund occupation, where the company made prepayments to suppliers without returning the funds by the stipulated deadline [8][9]. Group 2: Regulatory Actions - The Zhejiang Securities Regulatory Bureau has mandated corrective measures for the company and its executives, including the chairman and financial officer, due to the violations of disclosure regulations [5][9]. - The company is required to enhance its compliance with relevant regulations and improve its operational awareness to prevent future violations [9]. Group 3: Company Overview - Zhejiang Minghui Fruit and Vegetable Distribution Co., Ltd. was established in 2009 and is headquartered in Quzhou, Zhejiang Province, covering over 80 acres with a large cold storage capacity [10][15]. - As of 2024, the company reported revenues exceeding 600 million yuan and provides fresh food distribution services to over 500 entities, including military and government organizations, serving nearly 300,000 people [10][15].
监管部门对资金占用不手软
Jin Rong Shi Bao· 2025-09-05 03:07
Core Viewpoint - Regulatory authorities maintain a strict enforcement attitude towards the misuse of funds by major shareholders and related parties of listed companies, with recent penalties imposed on two companies for fund occupation issues [1][8]. Group 1: Regulatory Actions - Shandong Xinhua Jin International Co., Ltd. (Xinhua Jin) received an administrative penalty from the Qingdao Securities Regulatory Bureau for non-operational occupation of company funds amounting to 406 million yuan [2]. - *ST Lingda was warned and fined 1 million yuan by the Dalian Securities Regulatory Bureau for failing to disclose related party fund occupation and guarantee matters [3]. Group 2: Company Responses - Tibet Development Co., Ltd. (ST Xifa) announced a plan to resolve fund occupation issues by having its controlling shareholder, Xizang Shengbang Holdings Co., Ltd., offset 150 million yuan of occupied funds with a debt [4]. - ST Xifa's resolution of 331 million yuan in fund occupation issues is expected to enhance its financial condition and promote long-term stable development [4][5]. Group 3: Industry Context - Fund occupation is defined as the act of major shareholders misappropriating company funds, which can lead to significant risks for listed companies, including potential delisting [7]. - The regulatory environment has intensified, with the China Securities Regulatory Commission cracking down on 35 fund occupation cases in 2024, highlighting the ongoing issues within the industry [8].
上市公司4亿元资金被占用,存在退市风险,股价6天跌掉29%!大股东变卖优质资产还钱
Mei Ri Jing Ji Xin Wen· 2025-09-03 10:16
Core Viewpoint - The announcement from Xinhua Jin reveals significant fund occupation issues, amounting to 406 million yuan, by its major shareholder, Xinhua Jin Group, raising concerns among over 20,000 shareholders about potential delisting risks if the funds are not recovered in time [1][10]. Fund Occupation Issues - Xinhua Jin Group and its affiliates have occupied 406 million yuan of the company's funds, with the occupation period from January 1, 2025, to June 30, 2025 [3][10]. - As of the half-year report disclosure date, the balance of occupied funds remains at 406 million yuan, indicating a failure to repay [3][10]. - In the first half of 2025, Xinhua Jin Group and its affiliates occupied approximately 801 million yuan, with partial repayments made in April, but funds were subsequently reallocated due to financial pressures from strategic investors [4][6]. Repayment Plans - Xinhua Jin Group intends to use 665 million yuan from the sale of Jimo Yellow Wine to repay the occupied funds, with this receivable already pledged to the company, granting it priority in repayment [2][12]. - The completion of the acquisition of Jimo Yellow Wine by Qingdao Beer is crucial for the repayment, but uncertainties remain regarding the execution of the sale and repayment agreements [14]. Financial Performance - For the first half of 2025, Xinhua Jin reported revenues of approximately 669 million yuan, a year-on-year decline of 24.92%, and a net profit attributable to shareholders of about 12.87 million yuan, down 39.45% [6][9]. - The company's net assets at the end of the reporting period were approximately 1.22 billion yuan, reflecting a slight increase of 0.97% compared to the previous year [9]. Market Reaction - Following the announcement of the fund occupation, Xinhua Jin's stock price fell over 4%, with a total decline of 29.66% over six trading days since the news broke [14].
中粮科工: 第三届董事会独立董事专门会议第二次会议决议
Zheng Quan Zhi Xing· 2025-08-29 16:18
Group 1 - The independent directors of COFCO Technology Co., Ltd. held their second meeting of the third board on August 27, 2025, with all three independent directors present and the meeting conducted in accordance with relevant regulations [1][2]. - The meeting approved the risk assessment report regarding financial business with COFCO Finance Co., Ltd., confirming that the financial company has good operating performance, sound internal controls, and a high capital adequacy ratio, with no significant deficiencies in risk management identified [1]. - The meeting also approved the report on the use of funds by controlling shareholders and other related parties, confirming compliance with regulations and no instances of fund occupation or illegal guarantees during the reporting period [2]. Group 2 - The voting results for both proposals were unanimous, with three votes in favor and no votes against or abstaining [2][3].
明辉股份涉股权代持等多项违规被责令改正,董事长短线交易公司股票收警示函
Sou Hu Cai Jing· 2025-08-28 10:43
Core Viewpoint - The Zhejiang Securities Regulatory Bureau issued a warning letter to the chairman of Minghui Co., Ltd., He Yunfeng, for engaging in short-term trading of the company's stock and identified multiple violations, including undisclosed share transfers and fund misappropriation [1][3][11]. Group 1: Short-term Trading Violations - He Yunfeng, as a major shareholder and chairman, conducted short-term trading using others' accounts, buying 3.0739 million shares from October 27 to November 11, 2022, and selling 1.4625 million shares from February 20 to March 7, 2023 [3]. - Further transactions included buying 95,800 shares from April 10 to July 4, 2023, and additional trades in 2024 and 2025, which also constituted short-term trading violations [3]. Group 2: Undisclosed Share Transfers - From March 2020 to May 2021, Minghui Co. and He Yunfeng signed a share transfer agreement to indirectly transfer approximately 15 million shares, representing 15% of the company's equity, without timely disclosure, potentially impacting stock prices and investor decisions [4]. Group 3: Shareholding Representation Issues - From October 2022 to May 2025, Yao Qiang traded shares on behalf of He Yunfeng, leading to unclear ownership of shares, which was not accurately disclosed in relevant documents [6]. Group 4: Fund Misappropriation - Between January and April 2021, the company paid a total of 9.38 million yuan to suppliers under the guise of prepayments, which were ultimately transferred to He Yunfeng, and this non-operational fund occupation was not disclosed as required [8]. Group 5: Undisclosed Special Investment Terms - The company failed to disclose special investment terms agreed upon with Hangzhou Xinbei Equity Investment Management Partnership, including performance commitments and compensation clauses, which were not accurately reflected in disclosure documents [9]. Group 6: Accountability - He Yunfeng, along with other key personnel, including the financial officer and former board secretaries, were held primarily responsible for the aforementioned violations and were subjected to corrective measures [5][10][11].
监管部门出手,直击资金占用案!
Jin Rong Shi Bao· 2025-08-27 08:27
Core Viewpoint - The regulatory authorities have taken strict actions against two listed companies, *ST Lingda and Xinhuajin, for the misuse of funds, highlighting the ongoing issue of fund occupation in the market [1][2]. Group 1: Regulatory Actions - *ST Lingda's former chairman and vice chairman are facing a total fine of 5 million yuan for their involvement in fund occupation [2]. - Xinhuajin has been ordered to rectify its issues within six months, failing which it may face delisting procedures [2][8]. Group 2: Fund Occupation Details - *ST Lingda reported a total of 65.6 million yuan in fund occupation, which constitutes 9.95% of its latest audited net assets [3][6]. - The company had unauthorized guarantees totaling 126 million yuan, representing 19.10% of its net assets [6]. - Xinhuajin disclosed that its actual controller's group has non-operationally occupied 406 million yuan of company funds [10]. Group 3: Implications of Fund Occupation - Fund occupation is defined as the act of major shareholders misusing their control over a listed company to divert funds, which harms the company's interests [11]. - The phenomenon often arises from shareholders seeking quick liquidity solutions to address debt risks, with inadequate internal controls and governance mechanisms facilitating such actions [12]. - Regulatory bodies have maintained a stringent enforcement stance against fund occupation, with 35 cases prosecuted in 2024 alone [12].
零容忍!监管部门连番出手
中国基金报· 2025-08-27 01:02
Core Viewpoint - Regulatory authorities are intensifying scrutiny and enforcement actions against companies like *ST Lingda and Xinhuajin for issues related to fund occupation and illegal guarantees, highlighting a zero-tolerance approach to compliance violations in the capital market [2][9][21]. Group 1: Regulatory Actions - On August 26, *ST Lingda received an administrative penalty notice from Dalian Securities Regulatory Bureau for failing to disclose external guarantees and fund occupation issues [2][11]. - Xinhuajin announced on the same evening that it received a corrective action decision from Qingdao Securities Regulatory Bureau due to fund occupation [5][8]. - The Dalian Securities Regulatory Bureau has mandated that *ST Lingda's related parties return a total of 65.6 million yuan in occupied funds and 126 million yuan in illegal guarantees [11][14]. Group 2: Financial Impact and Compliance Measures - As of August 26, Xinhuajin's actual controller and related parties had a non-operational fund occupation balance of 406 million yuan, with a six-month deadline to rectify the situation [8][16]. - If Xinhuajin fails to comply within the stipulated timeframe, it may face delisting procedures as per the new regulations effective from April 2024 [9][17]. - The regulatory environment has prompted eight A-share companies to resolve fund occupation issues, recovering over 8 billion yuan collectively [9][22]. Group 3: Compliance Culture and Future Implications - The issues faced by *ST Lingda reflect a broader lack of compliance awareness among the "key minority" in some listed companies, necessitating a stronger emphasis on compliance culture [14][19]. - Regulatory bodies are committed to a comprehensive accountability framework, including civil and criminal liabilities for key personnel involved in fund occupation and illegal guarantees [23][25]. - The introduction of new regulations and judicial interpretations aims to enhance the deterrent effect against violations, reinforcing the importance of corporate governance and investor trust [26][27].
零容忍!监管部门连番出手
Zhong Guo Ji Jin Bao· 2025-08-27 00:27
Core Viewpoint - Regulatory authorities are intensifying scrutiny and enforcement against companies like *ST Lingda and Xinhua Jin for issues related to fund occupation and illegal guarantees, highlighting a zero-tolerance approach to compliance violations [2][3][11]. Group 1: Regulatory Actions - On August 26, *ST Lingda received an administrative penalty notice from Dalian Securities Regulatory Bureau for failing to disclose external guarantee matters and fund occupation situations [2][6]. - Xinhua Jin announced on the same day that it received a corrective measure decision from Qingdao Securities Regulatory Bureau, revealing a non-operational fund occupation balance of 406 million yuan [2][8]. - If Xinhua Jin fails to rectify the situation within the mandated six-month period, it may face delisting procedures as per new regulations effective from April 2024 [2][8]. Group 2: Financial Implications - *ST Lingda was found to have occupied funds totaling 65.6 million yuan and provided illegal guarantees amounting to 126 million yuan, which severely harmed the rights of minority shareholders [6][10]. - Xinhua Jin's corrective plan includes transferring equity in a subsidiary to cover the fund occupation, with a transaction value of 666.5 million yuan [8]. Group 3: Compliance and Governance - The issues at *ST Lingda reflect a broader lack of compliance awareness among certain listed companies, emphasizing the need for improved governance among key stakeholders [7][10]. - Regulatory bodies are reinforcing accountability measures, including civil and criminal liabilities for the "key minority" responsible for compliance failures [11][12]. Group 4: Market Impact - The ongoing crackdown on fund occupation and illegal guarantees is aimed at restoring investor confidence and maintaining the integrity of the capital market [10][11]. - The regulatory framework is evolving to include stricter penalties and clearer guidelines for companies involved in financial misconduct, with a focus on deterring future violations [12].
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]