Securities code: 00000 5 Securities abbreviation: Shenzhen Fountain Corporation(000005) Announcement No.: 2022-004
Shenzhen Fountain Corporation(000005)
Announcement on the reply to the letter of concern of Shenzhen Stock Exchange
The company and all members of the board of directors guarantee that the information disclosed is true, accurate and complete without false records, misleading statements or major omissions.
On January 18, 2022, the company received the attention letter on Shenzhen Fountain Corporation(000005) issued by Shenzhen Stock Exchange (company Department attention letter [2022] No. 16), and now replies to relevant questions as follows:
Question 1. "Our department recently received a complaint from Shenzhen BenAn Trading Co., Ltd. (hereinafter referred to as" BenAn trading "), one of the lenders, that in the exemption agreement provided by your company in the early stage, the company seal of BenAn trading is false. At present, the relevant court has entrusted the judicial appraisal center for appraisal. Our department pays close attention to relevant matters and asks your company to make a written explanation on the situation reflected by the security trade: 1. Please check whether the above matters are true, and clearly explain whether the security trade seal in the exemption agreement is true, whether the relevant exemption agreement has legal effect, the progress of private loan litigation and the responsibilities that your company needs to bear. Ask a lawyer to check the above matters and give legal opinions. "
Company reply:
(I) the situation of this complaint about safety and trade is not true, which is explained as follows:
The private loan lawsuit of this an trading company ((2021) Yue 0391 min Chu No. 2702 and 2703, see the company Announcement No. 2021-034), at present, the relevant case belongs to the cross examination stage of the court. As one of the exchange evidences of the case, the company formally submitted to the court the exemption agreement for the listed company issued by this an trading company as evidence. During the cross examination, the other party claimed that the safety trade seal stamped on the exemption agreement was inconsistent with the seal it currently holds, so the court was required to verify the authenticity of the seal. However, the company added the safety trade seal used in the industrial and commercial registration documents as evidence, and provided the evidence to the court as the inspection material for the authenticity identification of the seal. As of January 24, 2022, the case is still in the first instance stage.
If the court finally finds out that the official seal of the security trade stamped in the exemption agreement is forged and false, because the security trade is not stamped with the official seal, the exemption agreement has no legal effect and binding force on the security trade, but only the exemption agreement between all other signing subjects except the security trade still has legal effect, The disclaimer, United Company, shall still be liable to the company according to the disclaimer agreement. Therefore, the complaint of this safe trade will not substantially affect the disclaimer that the company can claim according to the disclaimer agreement.
Question 2 "Please check the authenticity of the signature and seal of the lender, the signature and seal of the guarantor and the signature and seal of the exemption guarantor in other exemption agreements, the authenticity of the relevant exemption agreements and whether the exemption agreements have legal effect; whether the relevant violation guarantee liability of your company has been relieved; if not, whether there are false records or misleading statements in the foregoing information disclosure of your company, In addition, your company's illegal guarantee balance up to now, the guaranteed party, the occurrence time, relevant settlement measures and estimated settlement time shall be explained in the form of list. Ask a lawyer to check the above matters and give a clear legal opinion. "
Company reply:
The specific circumstances of the cases involved in the exemption agreement for relevant illegal guarantees are shown in the table below. The value of the preserved property in cases 1 and 2 can cover the subject matter of the case, the principal and interest of the debt in case 3 has been settled, and the remaining cases are still in the first instance. The exemption guarantor has agreed to assume the obligation of exemption and full compensation for the risks of the listed company due to litigation uncertainty.
Violation
No. private loan lawsuit No. exemption guarantor loan contract term violation guarantee period private loan amount guarantee private loan lawsuit progress exemption guarantee obligation performance remarks
Human responsibility
balance
1. Xu Shaozhen (2020) yue0391 Hezhong company's judgment of first instance from April 24, 2018 to April 23, 2018 30000000.00 0.00 (not effective): 1. The company does not bear the liability. 1. The property provided by other guarantors shall be guaranteed by the exemption guarantor Chengmin Chu No. 5410 and from October 23, 2018 to April 23, 2019; 2. The company and other guarantors shall bear the full guarantee; Assume the obligation of compensation, and the liability for invalidity of this (2021) yue03 insurance, That is, it is impossible to negotiate the arrangement of exemption and compensation for the debt of the debtor Ding Peng (i.e. 2. The exemption guarantor and the lender guarantee the principal 15122746.41 yuan and legal interest of risk solved Minzhong No. 18594). Except.
One third of the repayment part shall be liable for repayment.
2 Zhao Qingzhou (2020) Yue0391 Hezhong company, 2019 / 03 / 06, 2019 / 05 / 05, 10500000.00 0.00 the second instance did not open. The exemption guarantor has provided replacement guarantee. The exemption guarantor has the full capital of 12553000 yuan from chengminchu No. 9582 to 2021 / 5 / 4, Assume the obligation of compensation in full, and the company's illegal guarantee obligation will be relieved on May 5, 2019.
The company's guarantee risk has been relieved.
3 Zhou Na (2020) Yue 0391 Hezhong company 2019 / 03 / 06 2019 / 05 / 05 9500000.00 0.00 debt settlement exemption guarantor has paid Zhou Na the full amount by the exemption guarantor chengminchu No. 3012 By May 4, 2021, the private loan has compensated the debts of the whole case, and the principal and interest of this (2021) Yue 03 2019 / 05 / 05 have been settled. The company's guarantee risk has been eliminated by the settlement of Min Zhong No. 10284.
4 Shenzhen (2020) In the first instance of yue0391 Hezhong company from January 31, 2019 to June 30, 2019, 35000000.00 0.00, the exempted guarantor has agreed to bear the liability of the listed company due to the litigation uncertainty of the exempted guarantor Cheng'an trading No. 2702 of the Republic of China from June 30, 2019 to June 30, 2019 Assume the obligation of compensation, and the company is exempted from the obligation of full compensation for the risk of 2021 / 06 / 29. The company's guarantee risk has been relieved.
5 Shenzhen (2020) Yue0391 Hezhong company from April 30, 2019 to October 29, 2019 10000000.00 0.00 in the first instance, the exempted guarantor has agreed to bear the liability of the listed company due to the litigation uncertainty of the exempted guarantor Cheng'an trading No. 2703 of the Republic of China from October 29, 2019 to October 29, 2019 Assume the obligation of compensation, and the company is exempted from the obligation of full compensation for the risk on October 28, 2021. The company's guarantee risk has been relieved.
6 Wang naiyu (2021) Yue 0391 Hezhong company failed to hold a court session in the first instance from April 19, 2018 to April 19, 2018. The exemption guarantor has agreed to bear the cause. The exemption guarantor is Chengmin Chu No. 6334 from October 19, 2018 to April 19, 2019
