The term "raised funds" as mentioned in these Measures refers to the funds raised by listed companies from investors through public offering of securities (including initial public offering, allotment, additional issuance, issuance of convertible corporate bonds, issuance of convertible corporate bonds and separate transactions, etc.). ) and non-public offering of securities, but excluding the funds raised by listed companies to implement equity incentive plans. The board of directors of a listed company shall establish an internal control system for the storage, use and management of raised funds, and clearly stipulate the storage, use, change, supervision and accountability of raised funds. A listed company shall promptly report the internal control system for the deposit, use and management of raised funds to this Exchange for the record and disclose it on its website.
Directors, supervisors and senior managers of listed companies shall be diligent and conscientious, urge listed companies to standardize the use of raised funds, consciously safeguard the safety of raised funds of listed companies, and shall not participate in, assist or condone listed companies to change the use of raised funds without authorization or in disguised form. The controlling shareholder and actual controller of a listed company shall not directly or indirectly occupy or misappropriate the funds raised by the listed company, and shall not use the funds raised by the listed company and the investment projects raised by the funds (hereinafter referred to as "fundraising projects") to obtain illegitimate interests. A recommendation institution shall perform its recommendation duties in accordance with the Measures for the Administration of Securities Issuance and Listing and these Measures, and continuously supervise the management and use of funds raised by listed companies.
In order to further standardize the use and management of funds raised by listed companies, improve the efficiency of the use of funds raised, and protect the legitimate rights and interests of investors, Shanghai Stock Exchange (hereinafter referred to as "the Exchange") issued the Regulations on the Management of Funds Raised by Listed Companies of Shanghai Stock Exchange in accordance with the Regulatory Guidelines for Listed Companies No.2 Regulatory Requirements for the Management and Use of Funds Raised by Listed Companies of China Securities Regulatory Commission (CSRC Announcement No.2012] 44). In order to standardize the use and management of funds raised by listed companies in this exchange, improve the efficiency of the use of funds raised, and protect the legitimate rights and interests of investors, in accordance with the Company Law, the Securities Law, the Measures for the Administration of Initial Public Offering, the Measures for the Administration of Securities Issuance of Listed Companies, the Provisions on the Report on the Use of the Last Raised Funds, the Supervision Guide for Listed Companies No.2, the Regulatory Requirements for the Management and Use of Funds Raised by Listed Companies and the Listing of Stocks in Shanghai Stock Exchange,