股东代位诉讼

Search documents
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].
深交所投教丨“行权维权我来说”第5期:股东代位诉讼为公司维权
申万宏源证券上海北京西路营业部· 2025-03-20 02:14
Core Viewpoint - The article emphasizes the importance of shareholder derivative lawsuits as a means for companies to protect their rights and interests, encouraging investors to be proactive in safeguarding their legal rights [1] Group 1 - The collaboration between the Shenzhen Stock Exchange and the China Securities Investor Service Center aims to educate investors on their rights and the mechanisms available for legal recourse [1] - The fifth episode of the "I Speak for Rights" series focuses on shareholder derivative lawsuits, highlighting their role in corporate governance and investor protection [1]