Securities code: Sichuan Shengda Forestry Industry Co.Ltd(002259) securities abbreviation: St Shengda Announcement No.: 2022011 Sichuan Shengda Forestry Industry Co.Ltd(002259)
Progress announcement on the illegal guarantee and occupation of funds by the original controlling shareholder and its related parties
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.
Special tips:
1. The external guarantee and fund occupation involved in this announcement occurred during the period when Sichuan Shengda Forest Products Industry Group Co., Ltd. (hereinafter referred to as “Shengda Group”) was the controlling shareholder of Sichuan Shengda Forestry Industry Co.Ltd(002259) (hereinafter referred to as “the company” or “the company”), and the current largest shareholder of the company did not have the problem of fund occupation and illegal guarantee. The current largest shareholder and the current board of directors attach great importance to the solution of historical problems such as the occupation of funds by the former controlling shareholder and illegal guarantee.
2. As of the disclosure date of this announcement, Shengda Group occupied about 1150445200 yuan of the company’s capital balance (accounting for 197264% of the latest audited net assets); Without the deliberation of the board of directors and the general meeting of shareholders, the company provided guarantees for the external loans of the original controlling shareholder Shengda Group and its holding subsidiaries, with a principal balance of 122.5 million yuan (accounting for 220.00% of the company’s latest audited net assets).
1、 Basic information of capital occupation and illegal guarantee of dongshengda group, the former holding stock
(I) occupation of funds
Taking advantage of the position of its controlling shareholder, the original actual controller of the company is superior to the internal control of the company. During his tenure in the company, he embezzled the company’s funds by illegally transferring funds from the company’s account to a third party, illegally borrowing on behalf of Shengda Group in the name of the company, providing guarantee for the debts of Shengda Group in the name of the company without the deliberation of the board of directors and the general meeting of shareholders, As of the disclosure date of this announcement, the balance of funds occupied was 1150445200 yuan.
(II) illegal guarantee
The original actual controller of the company took advantage of the position of its controlling shareholder to override the internal control of the company. During his tenure in the company, he illegally provided guarantee for the debts of Shengda Group without the deliberation of the board of directors and the general meeting of shareholders. As of the disclosure date of this announcement, the principal balance of illegal guarantee was 122.5 million yuan.
In June 2017, Shengda Group, Guangyuan Shengda Forestry Industry Co., Ltd. and Fujia Financial Leasing Co., Ltd. (hereinafter referred to as “Fujia leasing”) signed two financial leasing contracts, with a total loan principal of 200 million yuan. The company provided guarantees for the above loans in violation of regulations. After the first and second instance, the court ruled that the company did not bear the guarantee liability and rejected the litigation claim of Fujia leasing. The second instance judgment has come into force. In August 2021, the company received the notice of response (2021) No. 4512 and 5089 from the Supreme People’s court, and Fujia leasing applied to the Supreme People’s court for retrial. In January 2022, the company received the civil ruling served by the Supreme People’s court, which ruled to reject the retrial application of Fujia Leasing Co., Ltd. For details, please refer to the company’s previous reports on China Securities Journal and cninfo (www.cn. Info. Com. CN.) Announcement on receiving civil ruling for retrial cases (Announcement No.: 2022010) disclosed on the.
The specific contents of the above capital occupation and illegal guarantee are detailed in the company’s previous reports on China Securities News and cninfo (www.cn. Info. Com. CN.) The suggestive announcement on the company’s self inspection of external guarantees, the occupation of funds and the judicial freezing of some accounts (Announcement No.: 2018094) Announcement on the progress of the company’s self inspection of external guarantee and fund occupation (Announcement No.: 2021006, 2020120, 2020106, 2020095, 2020074, 2020065, 2020062, 2020059, 2020037, 2020026, 2020017, 2020012, 2019121, 2019116, 2019108, 2019102, 2019090, 2019084, 2019064, 2019053, 2019035, 2019026, 2019017, 2019005, 2019003, 2018139, 2018123, 2018107, 2018105) and Progress announcement on the illegal guarantee and occupation of funds by the original controlling shareholders and their related parties (Announcement No.: 2022009, 2021093, 2021088, 2021076, 2021066, 2021050, 2021042, 2021034, 2021028), etc.
2、 The company provided guarantees for Shengda Group in violation of regulations and the progress of capital occupation of Shengda Group
(I) occupation of funds
There is no occupation of new funds in the current period. For the occupation of funds by Shengda Group, the former controlling shareholder, the company is recovering through litigation, including:
1. Recovery of illegal deduction of Xiamen International Bank
In April 2020, the company filed a lawsuit against Xiamen International Bank Co., Ltd. (hereinafter referred to as “Xiamen International Bank“) with Chengdu Intermediate People’s Court (hereinafter referred to as “Chengdu Intermediate People’s court”), and the court issued (2020) chuan01 minchu No. 2688 and 2685 judgments, The judgment confirmed that the certificate of deposit pledge contract signed between Xiamen International Bank and Guizhou zhonghongda Energy Co., Ltd. was invalid, and required Xiamen International Bank to return 101346550 yuan and 15545295541 yuan, and pay the loss of capital occupation. Both Xiamen International Bank and the company have filed an appeal. As of the disclosure date of this announcement, the second instance has not been decided.
2. Recovery from Shengda Group
In February 2021, the company filed a lawsuit with Chengdu Intermediate People’s court to recover the guarantee liability of the company in the cases of Jiang LAN and Qin Dongliang from Shengda Group and other guarantors. The court ordered Shengda Group to repay the company the principal of the compensation of 312289 million yuan and the interest on the occupation of funds, and the judgment has come into force. Since no enforceable property was found, the court has terminated this execution.
In February 2021, the company filed a lawsuit with Chengdu Intermediate People’s court to recover the guarantee liability of the company in the Yang Chen case from Shengda Group and other guarantors. In November 2021, the company received the first instance judgment, which ordered Shengda Group to repay the principal of the compensation to the company of 12145347396 yuan and the interest on capital occupation. The defendant Jiangshan has filed an appeal. As of the disclosure date of this announcement, the company has not received the notice of filing the second instance.
(II) illegal guarantee
As of the disclosure date of this announcement, the company has provided guarantee for Shengda Group without the deliberation of the board of directors and the general meeting of shareholders, and there are two matters that have not been judicially ruled or have not yet taken effect, involving the principal amount of illegal guarantee of RMB 122.5 million. The company is actively responding to the lawsuit and making every effort to reduce the possible losses caused by the illegal acts of the original controlling shareholders.
3、 Other instructions and risk tips
The company will pay close attention to the progress of Shengda Group in solving historical problems such as fund occupation and illegal guarantee, and will disclose the progress in time. The information disclosure media designated by the company are China Securities Journal and cninfo.com.cn. Please pay attention to and pay attention to the investment risk. It is hereby announced.
Sichuan Shengda Forestry Industry Co.Ltd(002259) board of directors
February 25, 2002
