Securities code: Dea General Aviation Holding Co.Ltd(002260) securities abbreviation: Dea General Aviation Holding Co.Ltd(002260) Announcement No.: 2022028 Dea General Aviation Holding Co.Ltd(002260)
On the progress of the company’s litigation and the warning situation that the company’s shares are not superimposed with other risks
Announcement of
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.
Dea General Aviation Holding Co.Ltd(002260) (hereinafter referred to as “the company”) received the first instance civil judgment (2020) Yue 01 min Chu No. 2011) electronically delivered by Guangzhou intermediate people’s Court (hereinafter referred to as “Guangzhou intermediate people’s court”) on the evening of January 30, 2022. On February 8, 2022, the company published in the securities times and cninfo（ http://www.cn.info.com.cn. ）The announcement on receiving civil judgment (Announcement No.: 2022010) was disclosed on the. At the same time, in order to protect the rights and interests of investors and fully prompt risks, for the sake of prudence, the prompt announcement on the possible delisting risk warning of the company’s shares and the prompt announcement on the possible superposition of other risk warnings of the company’s shares were also issued on the same day (announcement numbers: 2022011 and 2022012 respectively).
The first instance judgment of Guangzhou intermediate people’s court held that Guangzhou Rural Commercial Bank Co., Ltd. (hereinafter referred to as “Guangzhou rural commercial bank”) failed to provide the company resolution documents of any company and two other enterprises to prove that the relevant guarantee matters have gone through the resolution procedures. Therefore, it can be determined that the difference supplement agreement involved in the case was signed by the legal representative of the listed company beyond the legal authority, The failure of Guangzhou rural commercial bank to fulfill its review obligations does not constitute goodwill, and the corresponding balance supplement agreement shall be invalid in accordance with relevant regulations. However, according to Article 7 of the interpretation of the Supreme People’s Court on Several Issues concerning the application of the guarantee law of the people’s Republic of China, Guangzhou rural commercial bank failed to fulfill its review obligations. The company and the other two enterprises made mistakes in the selection of legal representatives and the mismanagement of official seals, and should bear some responsibilities. In the case that the “balance making up agreement” is invalid, the Guangzhou intermediate people’s court decided that the company and the other two enterprises should be liable for compensation for half of the debts of Huaxiang (Beijing) Investment Co., Ltd. that cannot be paid off within the range of 1585666667 yuan respectively, and bear part of the litigation costs within the range of 7978551 yuan respectively.
The company believes that the court of first instance found that the difference supplement agreement involved in the case was invalid, and the company only bears the liability for fault compensation for the selection of legal representative and poor management of official seal; Moreover, the company refused to accept the judgment of the first instance made by the Guangzhou intermediate people’s court. During the appeal period, it mailed the paper petition and a copy to the Guangzhou intermediate people’s court through EMS on February 14, 2022 and appealed to the Guangdong Higher People’s court. As the judgment of the first instance has not yet taken effect, it will not bear the corresponding compensation liability for the time being, At present, it does not involve the situation that other risk warnings should be superimposed as stipulated in article 9.8.1 of the stock listing rules of Shenzhen Stock Exchange (revised 2022). If the final judgment takes effect and the company assumes the corresponding guarantee liability, the company’s shares will be handled in accordance with the relevant provisions of the stock listing rules of Shenzhen Stock Exchange. The suggestive announcement issued by the company in the early stage is the Risk Reminder disclosed by the company for the sake of prudence in order to protect the rights and interests of investors in accordance with relevant regulations.
The designated information disclosure media of the company are securities times and cninfo（ http://www.cn.info.com.cn. ）, all information of the company is subject to the information disclosed in the above designated media and websites. Please pay attention to the investment risks.
It is hereby announced
Dea General Aviation Holding Co.Ltd(002260) board of directors March 8, 2022
