Securities code: Shantui Construction Machinery Co.Ltd(000680) securities abbreviation: Shantui Construction Machinery Co.Ltd(000680) Announcement No.: 2022028 Shantui Construction Machinery Co.Ltd(000680)
Announcement on fund occupation and solutions of 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.
1、 Reasons for fund occupation
Shantui Construction Machinery Co.Ltd(000680) (hereinafter referred to as ” Shantui Construction Machinery Co.Ltd(000680) ” or “the company”) received the notice on controlling hidden dangers of major safety accidents within a time limit (hereinafter referred to as “the notice”) issued by the office of work safety committee of Rencheng District, Jining City on August 19, 2021. Aiming at the problem that the inclination of sushe No. 3 building in Shantui District endangers the life and property safety of residents and surrounding residents, Shantui Construction Machinery Co.Ltd(000680) was required to take measures immediately after receiving the notice, Eliminate potential safety hazards and avoid major safety accidents.
The notice points out that in view of the problem that the inclination of dormitory building 3 in Shantui District 3 endangers the life and property safety of the residents of the building and the surrounding residents, according to Article 67 of the civil code, “if the legal person is divided, its rights and obligations shall be enjoyed by the divided legal person with joint and several creditor’s rights and bear joint and several debts”. Article 176 of the company law “the debts of the company before division shall be jointly and severally liable by the company after division”. The construction unit of the dangerous building is Shandong Bulldozer General Factory. Shandong Bulldozer General Factory was later divided into Shantui Construction Machinery Co.Ltd(000680) and Shandong Shantui Machinery Co., Ltd. (hereinafter referred to as “Shantui machinery”), whereas Shandong Bulldozer General Factory has been cancelled. Shantui Construction Machinery Co.Ltd(000680) and Shantui machinery shall bear joint and several debts for houses with serious quality problems built and sold to employees by the former Shandong Bulldozer General Factory. The obligee has the right to request some or all of the joint and several liable persons to bear the liability.
Due to the urgent time limit for solving the hidden danger of dangerous buildings in dormitory building 3 of Shantui District 3, in order to effectively maintain the personal safety of employees, properly solve the danger and ensure that there are no major safety accidents and group visits, the company paid 2 million yuan and 9.41 million yuan respectively on November 10, 2021 and December 31, 2021, The total amount is 11.41 million yuan to the jointly managed account supervised by the government (account name: Guanyinge sub district office of Rencheng District People’s Government of Jining City).
In order to protect the interests of the listed company, on December 28, 2021, the company and Shantui machinery signed the agreement on the responsibility and creditor’s rights recovery of dangerous houses in dormitory building 3 of Shantui District 3. The agreement agreed to bear the responsibility equally to both parties concerned. In view of the urgent time limit for solving the problem of dangerous houses in dormitory building 3 of Shantui District 3 and the temporary operating difficulties of Party B (referring to Shantui machinery, the same below), Party A (referring to Shantui Construction Machinery Co.Ltd(000680) , the same below) shall advance 50% of the funds to be borne by Party B. Party A has the right to recover 50% of the part paid by Party A that should be borne by Party B
The amount includes the advance principal and its interest (based on the advance capital, according to the market quotation rate of one-year loan issued by the National Interbank dismantling Center, from the date of advance to the date of actual repayment). Party A shall remit RMB 11.41 million to the joint management account no later than December 31, 2021, and the balance shall be paid separately according to the needs of crisis relief progress.
According to the terms of the agreement, 50% of the above payment of 11.41 million yuan was charged. As of the disclosure date, Shantui machinery owed the company 5.705 million yuan.
2、 Related parties
Shantui machinery is a wholly-owned subsidiary of Shandong Heavy Industry Investment Co., Ltd., which is a wholly-owned subsidiary of Shandong heavy industry group, the controlling shareholder of the company. According to the provisions of the Listing Rules of Shenzhen Stock Exchange (revised in 2022), Shantui machinery forms an associated relationship with the company.
Other receivables from Shantui machinery amounted to 5.705 million yuan, which constituted the occupation of non operating funds by the controlling shareholder’s affiliates. The company believes that it has not touched the situation that other risk warnings should be implemented for stock trading as stipulated in articles 9.8.1 and 9.8.2 of the stock listing rules of Shenzhen Stock Exchange.
3、 Solution
The company will actively urge Shantui machinery to raise funds and urge the other party to return the advanced funds and interest to the company before the end of April 2022, so as to eliminate the adverse effects as soon as possible.
4、 Risk tips
1. Up to now, the above funds have not been returned. The company will pay close attention to and urge the timely return, and disclose the progress in a timely manner.
2. The designated media for information disclosure of the company are China Securities Journal, securities times and cninfo（ http://www.cn.info.com.cn. ）。 The relevant information of the company shall be subject to the disclosure of the above designated media.
It is hereby announced.
Shantui Construction Machinery Co.Ltd(000680) board of directors
March 28, 2002
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