二是募集资金管理使用不规范。公司开立首发上市募集资金专项账户未履行审议程序，部分首发上市募集资金未通过募集资金专项账户集中管理，使用闲置募集资金进行现金管理最高余额超过审议额度，违反《上市公司监管指引第2号——上市公司募集资金管理和使用的监管要求》(证监会公告[2012]44号)第四条、第七条第三款规定。SMS Electric (002857.SZ) announced that the company and relevant personnel recently received supervision from the China Securities Regulatory Commission...
Intelligence Financial APP News, SMS Electric (002857.SZ) announced that the company and relevant personnel recently received a decision from the Henan Regulatory Bureau of the China Securities Regulatory Commission ("Henan Securities Regulatory Bureau") issuing the "Decision on Taking Corrective Measures against Zhengzhou SMS Electric Co., Ltd. and Issuing Warning Letters to Hu Kun, Li Linlin, Yu Wenbiao, Wang Hong, and Xu Lihong." Upon investigation, SMS Electric had the following violations:
The first is the non-standard accounting treatment of energy storage business. The company's revenue and cost accounting for the energy storage business were not standardized, leading to inaccurate disclosure of information in the third quarter report of 2023, violating Article 3, Paragraph 1 of the "Measures for the Administration of Information Disclosure by Listed Companies" (CSRC Order No. 182).
The second is the non-standard use of raised funds management. The company failed to follow the review procedures for opening the first listing and fundraising special account, with some of the funds raised not being managed centrally through the special account, and the maximum balance of idle raised funds for cash management exceeded the approved limit, violating the regulatory requirements in Article 4 and Article 7, Paragraph 3 of the "Regulatory Requirements for the Management and Use of Raised Funds by Listed Companies" (CSRC Announcement [2012] No. 44).
Company Chairman and General Manager Hu Kun, Chief Financial Officer Li Linlin, then Chairman Yu Wenbiao, then Chief Financial Officer Wang Hong, and then Board Secretary Xu Lihong are responsible for the aforementioned violations.
In accordance with Article 52 of the "Measures for the Administration of Information Disclosure by Listed Companies", Henan Securities Regulatory Bureau decided to take administrative supervisory measures by ordering the company to make corrections. They also issued warning letters to Hu Kun, Li Linlin, Yu Wenbiao, Wang Hong, and Xu Lihong as administrative supervisory measures, and recorded them in the integrity archives of the securities and futures market.
