Securities code: 002259 securities abbreviation: St Shengda Announcement No.: 2021-093 Sichuan Shengda Forestry Industry Co.Ltd(002259)
Announcement on the progress of 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 capital 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”). The company’s largest shareholder and the current board of directors attach great importance to the solution of problems left over by history.
2. According to the self inspection of the company, as of the disclosure date of this announcement, the company has not been approved by the board of directors The general meeting of shareholders considered to provide guarantee for the external loans of the original controlling shareholder Shengda Group and its holding subsidiaries, with the principal balance of 128.3 million yuan (accounting for 220.00% of the company’s latest audited net assets); Shengda Group occupied about 1150445200 yuan of the company’s capital balance (accounting for 1972.64% of the latest audited net assets).
1、 Shengda Group illegally occupies the company’s funds and the company illegally provides guarantees for Shengda Group
(i) Shengda Group, the former controlling shareholder of the company, illegally occupied the company’s funds. The specific circumstances are listed as follows: unit: yuan
No. item occupied balance
1. Illegal transfer of funds from the company’s account, resulting in occupation of 165703079.42
2. Providing guarantees to Shengda Group and its subsidiaries in violation of regulations 659385434.92
3. Private borrowing in the name of the company and assuming debt repayment obligations form a capital occupation of 308920712.48
4 other forms of occupation 16435930.73
Subtotal 1150445157.55
1. Illegally providing guarantees to Shengda Group and its subsidiaries to form capital occupation
The original actual controller of the company is superior to the internal control. During his tenure in the company, without the deliberation of the board of directors and the general meeting of shareholders, he provided guarantee for the debts of Shengda Group in the name of the company, resulting in capital occupation. The details are as follows:
Unit: 10000 yuan
Joint and several settlement
The name of the secured party’s creditor of the guarantor and the secured party violates the guarantee payment responsibility to form the guarantee start date, guarantee maturity date, whether the fund occupation of the guaranteed amount has been completed
Guizhou Zhonghong Da Shengda Group Xiamen International Bank 30000.0030400.992017-7-17 2018-7-17 is the Xiamen Branch of [Note 1]
Guizhou Zhonghong Da Shengda environmental protection Xiamen International Bank 20000.0020269.31 July 17, 2017 July 17, 2018 is the Xiamen Branch of [Note 2] bank
Qindongliang 980.001167.002018-2-62018-3-5 of Shengda Group is [Note 3]
Shengda Group Jiang LAN 1760.001955.89 August 31, 2016 August 30, 2020 [Note 4]
Yang Chen 11000.0012145.352017-12-152018-12-15 of Shengda Group is [Note 5]
Subtotal 63740.0065938.54
Note 1: on July 17, 2017, Shengda Group and Xiamen International Bank Co., Ltd. (hereinafter referred to as
Xiamen Branch (called “Xiamen International Bank“) signed a comprehensive credit line contract, which was signed by Xiamen Branch of Xiamen International Bank
The bank granted a credit of RMB 300 million to Shengda Group, which is valid from July 17, 2017 to July 17, 2018.
Guizhou zhonghongda Energy Co., Ltd. (hereinafter referred to as “Guizhou zhonghongda”) is deposited in Xiamen International Bank building
The certificate of time deposit and corresponding deposit interest at the branch provide pledge guarantee for the credit. Shengda Group fails to repay on schedule
For loan repayment, Xiamen International Bank deducted 30400.99 yuan from Guizhou zhonghongda bank on July 18, 2018
Ten thousand yuan. On April 23, 2020, the company has filed a lawsuit to the court to formally pursue Xiamen International Bank
On September 7, 2021, the company received the judgment of first instance, confirming that Xiamen International Bank signed with Guizhou zhonghongda
The deposit receipt pledge contract is invalid and requires Xiamen International Bank to return RMB 155452955.41,
And pay the loss of capital occupation.
Note 2: on July 17, 2017, Shengda environmental protection signed a comprehensive credit agreement with Xiamen International Bank Xiamen Branch
The credit line contract is a credit of 200 million yuan from Xiamen International Bank Xiamen branch to Shengda environmental protection, which is valid for 2017
From July 17 to July 17, 2018. Guizhou zhonghongda is deposited in Xiamen Branch of Xiamen International Bank
The certificate of time deposit and corresponding deposit interest at the bank provide pledge guarantee for the credit. Shengda environmental protection failed to pay on schedule
For loan repayment, Hexiang branch of Xiamen International Bank deducted Guizhou zhonghongda bank deposit on July 18, 2018
202693100 yuan. On April 23, 2020, the company filed a lawsuit to the court and officially sued Xiamen International Bank
Bank for recovery. On August 18, 2021, the company received the first instance judgment confirming that Xiamen International Bank and Guizhou
The certificate of deposit pledge contract signed by zhonghongda is invalid and requires Xiamen International Bank to return RMB 101346550
Yuan and pay the loss of capital occupation.
Note 3: on February 6, 2018, Shengda Group signed a written loan contract with Qin Dongliang. Shengda Group borrowed 10 million yuan from Qin Dongliang for a period of 30 days. The company provided guarantee for the loan. Shengda Group failed to repay the loan on schedule. Chengdu Intermediate People’s court ruled that the company should undertake joint and several guarantees. On October 17, 2018, Chengdu Intermediate People’s court deducted bank deposits of 11.67 million yuan, which has been implemented at present.
Note 4: Jiang LAN and Shengda Group signed the fund use contract on August 31, 2016 and October 26, 2016 respectively. Shengda Group borrowed 25.65 million yuan from Jiang LAN, and the company provided guarantee for the above loans. According to the arbitration decision of Qinzhou Arbitration Commission (2018) czzz No. 516, on September 28, 2018, Chengdu Intermediate People’s court deducted bank deposits of 19.5589 million yuan, which has been implemented at present.
Note 5: on December 15, 2017, Shengda Group signed a loan contract with Yang Chen, with a loan amount of 140 million yuan. The company assumed joint and several guarantee liabilities for the loan. Because Shengda Group failed to pay the principal and interest on time, the company was sued by creditors and asked the company to bear the guarantee liability. On February 1, 2019 and July 5, 2019, Hangzhou intermediate people’s court deducted the company’s financial product share of 120 million yuan and 1453500 yuan respectively, which has been implemented at present.
2. Private borrowing in the name of the company, bearing debt repayment obligations, and forming fund occupation
The original actual controller of the company is superior to the internal control. During his tenure in the company, without the deliberation and consent of the board of directors and the general meeting of shareholders, he borrowed from Shengda Group in the name of the company, resulting in the occupation of funds. The specific details are as follows: unit: yuan
Creditor’s loan date loan principal balance occupied amount actual deducted amount remarks
Hu Jingyi 2018 / 4 / 1210600000.00 note 1 Xiong Xin 2018 / 4 / 1240000000.0055122901.6755122901.67
Liu Liqiang 2017 / 12 / 1125000000.0053231827.0053231827.00 note 22018 / 1 / 2520000000.00
Lhasa Economic and Technological Development Zone Heng 2017 / 7 / 525000000.0028442636.9926562500.00 note 3 Yao Business Consulting Co., Ltd
Gu MINCHANG 2018 / 1 / 2210000000.0012564258.903095383.62 note 4
Anhui Zhong’an Finance Leasing Co., Ltd. 2016 / 9 / 1228620937.503492289.4428716058.50 note 5
Cai Yuanyuan 2018 / 1 / 2980000000.00102123914.99 Note 6
Anhui Hetai Finance Leasing Co., Ltd. 2016 / 7 / 2921798167.0025942883.49 note 7
Total 261019104.50308920712.48 166728670.79
Note 1: on April 12, 2018, Shengda Group illegally signed the loan and guarantee contract with Hu Jingyi and Xiong Xin in the name of the company. Shengda Group, Jiang Changzheng and Jiangshan, as guarantors, agreed that the loan principal was 10.6 million and 40 million yuan, with an annual interest rate of 36%. The loan period was from April 13, 2018 to May 2, 2018, and the loan was directly transferred to the account of Shengda Group. On May 14, 2018, the company was sued by creditors for failing to pay the principal and interest on time. On August 10, 2018, the company’s fund-raising account was deducted by Shenzhen Futian District People’s Court of 55122901.67 yuan to repay the principal and interest of the loan, which has been implemented at present.
Note 2: on December 11, 2017, Shengda Group illegally signed a loan contract with Liu Liqiang in the name of the company. Shengda Group, Jiang Changzheng, Jiangshan, Xue Ying, Liu Dongbin and others served as guarantors. The contract agreed that the loan principal was 50 million yuan, the monthly interest rate was 5%, and the loan period was from December 11, 2017 to March 10, 2018; On January 25, 2018, Shengda Group illegally signed a loan contract with Liu Liqiang in the name of the company. Shengda Group, Jiang Changzheng, Jiangshan, Xue Ying, Liu Dongbin, Chen Dezhen and others as guarantors agreed that the loan principal was 20 million yuan, the loan period was from January 25, 2018 to March 10, 2018, and the loan interest was 0.2% per day. Up to the time of prosecution, the principal and relevant interest of RMB 45 million had not been paid. On May 3, 2018, the principal of the above two loans was still outstanding, and the company was sued by creditors. On June 7, 2018, the raised capital account of the company was deducted 53231827.00 yuan by Changsha intermediate people’s Court of Hunan Province to repay the principal and interest of the loan. At present, the implementation has been completed.
Note 3: on July 5, 2017,
