2024年广东高院二审维持一审胜诉;ST摩登资金占用代位追偿案

China Securities Investor Services Center on Behalf of ST Modern v. Guangzhou Ruifeng Group and Responsible Directors and Executives

Official materials on China Investor Network state that ST Modern's controlling shareholder non-operationally occupied about RMB 240 million of listed-company funds over an extended period, after which the investor-protection institution sued on the company's behalf when repeated internal demands failed. The Guangzhou court ordered repayment of the occupied funds and interest and imposed layered joint and several liability on the former chairman, former general manager, and former finance director according to their levels of fault; the Guangdong Higher People's Court affirmed, making the case a significant precedent for civil recovery in listed-company fund-occupation disputes.

Holding

Official materials on China Investor Network state that ST Modern's controlling shareholder non-operationally occupied about RMB 240 million of listed-company funds over an extended period, after which the investor-protection institution sued on the company's behalf when repeated internal demands failed. The Guangzhou court ordered repayment of the occupied funds and interest and imposed layered joint and several liability on the former chairman, former general manager, and former finance director according to their levels of fault; the Guangdong Higher People's Court affirmed, making the case a significant precedent for civil recovery in listed-company fund-occupation disputes.

Issues

recovery for misappropriation of listed-company fundsderivative action by an investor-protection institutionjoint and several liability of the controlling shareholder and responsible directors/executivesdisclosure failures and governance breakdown