上市公司资金占用

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新华锦: 新华锦关于收到青岛证监局《行政监管措施决定书》暨可能被实施其他风险警示及退市风险警示的风险提示公告
Zheng Quan Zhi Xing· 2025-08-26 12:17
Core Viewpoint - Shandong Xinhua Jin International Co., Ltd. has received an administrative supervision decision from the Qingdao Securities Regulatory Bureau regarding the non-operational occupation of company funds by its controlling shareholder, Xinhua Jin Group, amounting to 406 million yuan, which must be returned within six months [1][2][5] Summary by Sections Administrative Supervision Decision - The company has been ordered to rectify the non-operational occupation of funds, with a balance of 406 million yuan as of the date of the 2025 semi-annual report [1][2] - The company must take active measures to recover the occupied funds to protect the interests of the company and minority shareholders [2][5] Potential Risk Warnings - If the company fails to recover the occupied funds within one month, the Shanghai Stock Exchange will implement other risk warnings on the company's stock [2][3] - If the company does not comply with the rectification requirements within six months, the stock will be suspended, and if not resolved within two months after suspension, a delisting risk warning will be issued [2][3][4] Disclosure of Risk Warning Announcements - This is the first risk warning announcement regarding the potential for other risk warnings and delisting risk warnings, with the company required to disclose progress at least every ten trading days until the situation is resolved [4] Other Information - The company has signed a repayment agreement and a pledge guarantee contract with Xinhua Jin Group and Lu Jin Group regarding the transfer of equity in a subsidiary, ensuring priority in the collection of receivables [4][5] - The company emphasizes that the administrative supervision decision will not affect its normal production and operational management activities [5]
针对上市公司资金占用行为 中证投服中心股东代位诉讼显成效
Shang Hai Zheng Quan Bao· 2025-07-13 19:46
Core Viewpoint - The article discusses the issue of major shareholders occupying funds from listed companies, which harms the interests of the companies and minority shareholders, and highlights the efforts of regulatory bodies and the China Securities Investor Service Center in addressing this problem through legal actions and shareholder rights protection [1][2][3]. Group 1: Regulatory Actions - The China Securities Regulatory Commission (CSRC) and stock exchanges have taken strict measures to combat the malicious occupation of funds, emphasizing that occupied funds must be repaid, with deadlines for rectification and no exemption from delisting [1][2]. - The CSRC has been enhancing policies to address fund occupation, including clear deadlines for rectification and increased penalties for major offenders [2][3]. Group 2: Shareholder Rights Protection - Shareholders are encouraged to actively exercise their rights and pursue legal actions against major shareholders who occupy company funds, with the China Securities Investor Service Center playing a crucial role in this process [3][4]. - The legal framework provided by company law and securities law allows affected shareholders to initiate derivative lawsuits to recover occupied funds [3][4]. Group 3: Successful Cases - The China Securities Investor Service Center has successfully initiated derivative lawsuits, leading to significant recoveries from responsible parties, including the notable *ST Modern case, which set a precedent for shareholder rights protection [4][5]. - In the *ST Modern case, the court ruled that the controlling shareholder must repay approximately 240 million yuan, with responsible executives also bearing joint liability [5]. Group 4: Ongoing Efforts and Challenges - The China Securities Investor Service Center continues to expand its efforts in shareholder rights protection, collaborating with regulatory bodies to ensure the recovery of occupied funds [6][7]. - Despite progress, challenges remain, such as high litigation costs that hinder the ability of investor protection agencies to pursue derivative lawsuits effectively [8][9]. - There is a call for improved institutional support, including the possibility of waiving litigation fees for investor protection agencies when filing derivative lawsuits [8][9]. Group 5: Future Directions - The China Securities Investor Service Center aims to enhance its role in protecting shareholder rights and promoting corporate governance through legal actions against fund occupation [10]. - There is a suggestion for centralized jurisdiction for derivative lawsuits to improve judicial consistency and efficiency in handling complex cases related to fund occupation [9][10].