背信损害上市公司利益罪
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退市后 “秒还”占款,龙宇股份空窗期收购又是“套路”?
Di Yi Cai Jing Zi Xun· 2025-09-19 06:53
Core Viewpoint - The article discusses the unusual circumstances surrounding the delisting of Longyu Co., Ltd. due to significant non-operating fund occupation by its major shareholder, amounting to 868 million yuan, and the subsequent repayment of 337 million yuan shortly after delisting, raising questions about the underlying capital maneuvers [1][3][13]. Group 1: Delisting and Financial Background - Longyu Co., Ltd. was delisted on July 3, 2025, primarily due to the major shareholder's 868 million yuan non-operating fund occupation and consecutive "unable to express opinion" audit reports for 2023 and 2024 [3][13]. - The company reported a net asset of 3.693 billion yuan and cash reserves of 1.1 billion yuan at the end of 2023, indicating a strong financial position prior to delisting [3][4]. - Despite external offers for high-priced acquisitions to help maintain its listing status, the major shareholder rejected these proposals [4]. Group 2: Post-Delisting Actions - Within 20 days post-delisting, Longyu's major shareholder and related companies repaid 337 million yuan, suggesting some repayment capability despite previous refusals to settle before delisting [5][13]. - The repayment raised suspicions as it contradicted typical market behavior where companies strive to protect their listing status [5]. Group 3: Acquisition and Corporate Governance - During the "information disclosure gap" between delisting and re-listing on the National Equities Exchange and Quotations, Longyu acquired 100% of Shanghai Yunman Yisuan Information Technology Co., Ltd. without public disclosure [6][8]. - The acquisition was linked to the repayment of the 337 million yuan, with allegations that funds were cycled through related parties, potentially harming minority shareholders [8][10]. - The new executive appointed during this period had significant ties to the acquired company, raising further questions about governance and transparency [7][8]. Group 4: Regulatory and Legal Implications - Regulatory scrutiny intensified following the discovery of significant undisclosed related-party transactions, leading to administrative penalties and investigations into financial misconduct [13][14]. - The remaining 500 million yuan in fund occupation remains a concern for minority shareholders, with potential plans to use company funds for further acquisitions to settle these debts [13][14]. - Legal actions have been initiated by affected investors, resulting in favorable judgments against Longyu for losses incurred due to misleading statements [14].
海航集团原美籍高管、首席执行官谭向东三罪并罚获刑6年
经济观察报· 2025-07-22 08:55
Core Viewpoint - The article discusses the legal proceedings and sentencing of Adam Tan (谭向东), the former CEO of HNA Group, who was convicted of multiple financial crimes, including breach of trust and loan fraud, resulting in a six-year prison sentence [2][17]. Group 1: Legal Proceedings - Adam Tan was sentenced to six years in prison for three crimes: breach of trust damaging the interests of a listed company, loan fraud, and embezzlement [2][17]. - The Haikou Intermediate People's Court separated the cases of Tan and other executives due to Tan's U.S. citizenship, leading to different trial proceedings [10][4]. - The court's decision on Tan's case was announced on July 17, 2025, following the earlier sentencing of other executives, including Chen Feng, who received a total of 12 years in prison [13][16]. Group 2: Background of Adam Tan - Adam Tan, born in March 1967 in Jiangsu, China, became a U.S. citizen and joined HNA Group in its early days in the 1990s [5]. - He held various positions within HNA Group, including Vice Chairman and CEO, before the company was taken over by the Hainan provincial government in 2020 [5][6]. - Tan, along with other executives, was taken into custody by Hainan police in September 2021 due to criminal allegations [6][8]. Group 3: Regulatory Actions - The China Securities Regulatory Commission (CSRC) previously penalized Tan and Chen Feng for serious violations related to massive related-party transactions and fund misappropriation from 2018 to 2020 [17][18]. - The CSRC imposed a ten-year market ban on Tan, citing his role as a key executive and the severity of his violations [18][19]. - The legal charges against Tan are closely related to the CSRC's findings, which indicated significant breaches of fiduciary duty that led to substantial losses for the company [19][17].
海航集团原美籍高管、首席执行官谭向东三罪并罚获刑6年
Jing Ji Guan Cha Wang· 2025-07-22 07:01
Core Viewpoint - Adam Tan, the former CEO of HNA Group, was sentenced to 6 years in prison for multiple crimes including breach of trust, loan fraud, and embezzlement [1][4]. Group 1: Background of Adam Tan - Adam Tan, born in March 1967 in Jiangsu, China, later became a U.S. citizen and joined HNA Group in its early days during the 1990s [2]. - He served in various leadership roles within HNA Group, including Vice Chairman and CEO from 2016 to 2020, before being replaced after the group was taken over by the Hainan provincial government [2]. - In September 2021, he was taken into custody by Hainan police due to criminal allegations, alongside other key figures in the company [2]. Group 2: Legal Proceedings - The Haikou Intermediate People's Court sentenced Tan on July 17, 2025, for three crimes, resulting in a total of 6 years imprisonment and corresponding fines [4]. - The court's decision followed a series of criminal charges against Tan and other executives, including Chen Feng, who faced similar accusations [2][3]. - The court proceedings were split into two cases due to Tan's U.S. citizenship, which affected the legal process [2]. Group 3: Regulatory Actions - The China Securities Regulatory Commission (CSRC) previously penalized Tan and Chen Feng for serious violations related to HNA Group's financial practices between 2018 and 2020, including undisclosed related-party transactions [4][5]. - The CSRC imposed a 10-year market ban on Tan, citing his significant role in the company's illegal activities [5]. - The breach of trust crime is defined under Chinese law as actions by company executives that result in substantial losses to the company, with penalties ranging from imprisonment to fines [5][6].
控股方资金占用致*ST龙宇退市,中小股东抱团欲罢免董事长
Nan Fang Du Shi Bao· 2025-05-12 12:40
随着年报季落下帷幕,多家上市公司开始进入退市流程,*ST龙宇(603003.SH)亦在此列。 南方都市报此前报道《*ST龙宇大股东占款8.67亿元,股民呼吁拍卖股权还债》曾分析,*ST龙宇资产 状况尚可,且作为主营业务之一的IDC业务行业前景广阔,若控股股东能够以转让股份等方式回笼资 金,解决占款问题,上市公司经营状况有望企稳向好。不过,最终情况来看,控股股东并无实质性动 作。 如此背景下,南都记者了解到,*ST龙宇多位中小股东正抱团自救,以临时提案方式,表达了更换现有 董事、上市公司回购股东股票等诉求,并且,中小股东正通过向监管部门提交投诉书等方式,控告*ST 龙宇控股股东及实际控制人(徐增增、刘策、刘振光 )涉嫌背信损害上市公司利益。 *ST龙宇退市在即,实控人被指"无作为" 2025年4月29日,*ST龙宇收到上交所下发的《终止上市事先告知书》(下称《告知书》),《告知 书》在提出对*ST龙宇做出终止上市决定的同时,提出"如你公司申请听证,应当在收到本通知后5个交 易日内,向我部提交载明申请听证事项及申辩理由的书面听证申请"。 截至发稿,五个交易日时间已过,并无相关方申诉消息传出。 *ST龙宇中小股东代 ...