Securities code: Amethystum Storage Technology Co.Ltd(688086) securities abbreviation: Amethystum Storage Technology Co.Ltd(688086) Announcement No.: 2022025 Amethystum Storage Technology Co.Ltd(688086)
Announcement on litigation filed by wholly-owned subsidiaries
The board of directors and all directors of the company guarantee that there are no false records, misleading statements or major omissions in the contents of this announcement, and bear legal responsibility for the authenticity, accuracy and integrity of its contents according to law.
Important content tips:
The litigation stage of the case: the case has been accepted.
Party status of wholly-owned subsidiaries of listed companies (Meizhou Jingkai Technology Co., Ltd. and Guangzhou Amethystum Storage Technology Co.Ltd(688086) Technology Co., Ltd.): plaintiff.
Amount involved:
1. Confirm that the certificate of deposit pledge contract signed by Meizhou Jingkai Technology Co., Ltd. (hereinafter referred to as “plaintiff” or “Meizhou Jingkai”) and Huizhou Branch of Bank of Guangzhou Co., Ltd. (hereinafter referred to as “defendant” or “Bank of Guangzhou”) has no effect on Meizhou Jingkai and requires the return of the pledged 120 million yuan certificate of deposit. 2. Confirm that the certificate of deposit pledge contract signed between Guangzhou Amethystum Storage Technology Co.Ltd(688086) Technology Co., Ltd. (hereinafter referred to as “plaintiff” or “Guangzhou Amethyst”) and Bank of Guangzhou is invalid; The Bank of Guangzhou returned 100 million yuan of funds under the certificate of deposit to Guangzhou Amethyst, and calculated the interest from March 11, 2022 to the date of actual payment according to the loan market quotation interest rate published by the national interbank lending center in the same period.
3. Confirm that the pledge contract signed between Guangzhou Amethyst and China Everbright Bank Company Limited Co.Ltd(601818) Zhuhai branch (hereinafter referred to as the “defendant” or ” China Everbright Bank Company Limited Co.Ltd(601818) “) has no effect on Guangzhou Amethyst, and return the deposit and interest of 48 million yuan (the interest is calculated according to the loan market quotation interest rate published by the national interbank lending center in the same period from March 16, 2022 to the date of actual payment).
4. The defendant shall bear the lawyer’s fees, litigation costs and preservation costs of the case.
Whether it will have a negative impact on the profits and losses of the listed company: if the plaintiff wins the lawsuit, the amount of the pledged certificate of deposit can be recovered in whole or in part, which will have a positive impact on the company’s daily business activities; If the plaintiff loses the lawsuit, it will lead to the reduction of funds in relevant accounts, which may cause the company to recognize estimated liabilities and losses, and may lead to risks affecting the company’s daily normal operation. At present, the company is unable to estimate the specific impact of relevant litigation on profit and loss. Please pay attention to investment risks.
1、 Basic information of this prosecution
(I) Meizhou Jingkai, a wholly-owned subsidiary of Amethystum Storage Technology Co.Ltd(688086) (hereinafter referred to as the “company” or ” Amethystum Storage Technology Co.Ltd(688086) “), recently filed a lawsuit with Huizhou Huicheng District People’s Court (hereinafter referred to as the “Huicheng District Court”) on the illegal guarantee pledge (pledge contract dispute) between the company and Bank of Guangzhou, and received the notice of accepting the case (2022) Yue 1302 min Chu No. 8603 served by Huicheng District Court on March 31, 2022. As of the announcement date, the case has been accepted and has not yet been heard. The lawsuit is hereinafter referred to as “litigation case I”.
(II) Guangzhou Amethyst, a wholly-owned subsidiary of the company, recently filed a lawsuit with Huicheng District Court on the illegal guarantee pledge (pledge contract dispute) between the company and Bank of Guangzhou, and received the notice of case acceptance (2022) Yue 1302 minchu No. 8604 served by Huicheng District Court on March 31, 2022. As of the announcement date, the case has been accepted and has not yet been heard. The lawsuit is hereinafter referred to as “litigation case II”.
(III) Guangzhou Amethyst, a wholly-owned subsidiary of the company, recently filed a lawsuit with Zhuhai Xiangzhou District People’s Court (hereinafter referred to as “Xiangzhou District Court”) on the illegal guarantee pledge between the company and China Everbright Bank Company Limited Co.Ltd(601818) and received the notice of case acceptance (2022) Yue 0402 min Chu No. 5898, which was served by Xiangzhou District Court on April 1, 2022. As of the announcement date, the case has been accepted and has not yet been heard. The lawsuit is hereinafter referred to as “litigation case III”.
2、 Basic information of litigation case I
(I) litigants
Plaintiff: Meizhou Jingkai Technology Co., Ltd
Legal representative: Zhong Guoyu
Unified social credit Code: 91441424ma4ujw7b7q
Address: 6th floor, Kechuang building, Gongye 1st Road, economic development zone, Shuizhai Town, Wuhua County
Defendant: Huizhou Branch of Bank of Guangzhou Co., Ltd
Legal representative: Lu pan
Unified social credit Code: 914413 Shaanxi Jinye Science Technology And Education Group Co.Ltd(000812) 273538
Address: No. 05-08, 02-03 and 01-05, 1st floor, Ruijia building, No. 11, Wenchang 2nd Road, Jiangbei, Huicheng District, Huizhou
(II) claims
1. Confirm that the certificate of deposit pledge contract signed by Meizhou Jingkai and the defendant has no effect on the plaintiff and return the pledged certificate of deposit;
2. The defendant shall bear the lawyer’s fees, litigation costs and preservation costs of the case.
(III) facts and reasons
1. On March 25, 2021, Meizhou Jingkai signed the deposit certificate pledge contract (No.: Guangyin Huizhi Zi No. [2021] 0014) with the defendant. Meizhou Jingkai provided two deposit certificates for pledge (the limit value of the deposit certificate is 120 million yuan) to guarantee the creditor’s rights of the defendant against the debtor according to the bank acceptance agreement (No.: Guangyin Huiyin Cheng Zi No. [2021] 0011) signed between Meizhou Jingkai and the debtor Zhejiang Jingchao Trade Co., Ltd.
2. Meizhou Jingkai is a wholly-owned subsidiary of Amethystum Storage Technology Co.Ltd(688086) the listed company. Upon verification, the above deposit certificate pledge contract did not disclose the information related to external guarantee at the time of signing, According to the second paragraph of Article 9 of the interpretation of the Supreme People’s Court on the application of the relevant guarantee system of the civil code of the people’s Republic of China “If the opposite party fails to conclude a guarantee contract with the listed company according to the information publicly disclosed by the listed company that the guarantee matters have been adopted by the resolution of the board of directors or the general meeting of shareholders, and the listed company claims that the guarantee contract is not effective for it and does not bear the guarantee liability or compensation liability, the people’s court shall support it” and paragraph 3 “The provisions of the preceding two paragraphs shall apply to the guarantee contract concluded between the opposite party and the holding subsidiary publicly disclosed by the listed company, or the guarantee contract concluded between the opposite party and the company whose shares are traded on other national securities trading places approved by the State Council.” the deposit pledge contract signed by the plaintiff and the defendant shall not be effective for Meizhou Jingkai, and Meizhou Jingkai shall not be liable for guarantee. 3、 Basic information of litigation case II
(I) litigants
Plaintiff: Guangzhou Amethystum Storage Technology Co.Ltd(688086) Technology Co., Ltd
Legal representative: Luo Tiewei
Unified social credit Code: 91440101ma9up6jp9a
Address: room 1602, building 23, Tian’an headquarters center, No. 555, North Panyu Avenue, Donghuan street, Panyu District, Guangzhou
Defendant: Huizhou Branch of Bank of Guangzhou Co., Ltd
Legal representative: Lu pan
Unified social credit Code: 914413 Shaanxi Jinye Science Technology And Education Group Co.Ltd(000812) 273538
Address: No. 05-08, 02-03 and 01-05, 1st floor, Ruijia building, No. 11, Wenchang 2nd Road, Jiangbei, Huicheng District, Huizhou
(II) claims
1. Confirm that the certificate of deposit pledge contract signed between Guangzhou Amethyst and the defendant is invalid;
2. The defendant returned 100 million yuan of funds under the certificate of deposit to Guangzhou Amethyst, and calculated the interest from March 11, 2022 to the date of actual payment according to the loan market quotation interest rate published by the national interbank lending center in the same period;
3. The defendant shall bear the litigation costs and preservation costs of the case.
(III) facts and reasons
1. On March 5, 2021, Guangzhou Amethyst signed the deposit certificate pledge contract (No.: Guangyin Huizhi Zi No. [2021] 0013) with the defendant. Guangzhou Amethyst provided the deposit certificate pledge (the limit value of the deposit certificate is RMB 100 million) to guarantee the creditor’s rights of the defendant against the debtor according to the bank acceptance agreement (No.: Guangyin Huiyin Cheng Zi No. [2021] 0010) signed between Guangzhou Amethyst and the debtor Zhejiang Jingchao Trading Co., Ltd.
2. On March 11, 2022, because the debtor Zhejiang Jingchao Trading Co., Ltd. failed to perform relevant obligations in accordance with the bank acceptance agreement, the defendant cashed the deposit certificate of 100 million yuan provided by Guangzhou Amethyst.
3. Guangzhou Amethyst is a wholly-owned subsidiary of Amethystum Storage Technology Co.Ltd(688086) the listed company. When the above deposit certificate pledge contract was signed, the relevant external guarantee information was not disclosed in accordance with the provisions of relevant laws and regulations, According to the second paragraph of Article 9 of the interpretation of the Supreme People’s Court on the application of the relevant guarantee system of the civil code of the people’s Republic of China “If the opposite party fails to conclude a guarantee contract with the listed company according to the information publicly disclosed by the listed company that the guarantee matters have been adopted by the resolution of the board of directors or the general meeting of shareholders, and the listed company claims that the guarantee contract is not effective for it and does not bear the guarantee liability or compensation liability, the people’s court shall support it” and paragraph 3 “The provisions of the preceding two paragraphs shall apply to the guarantee contract concluded between the opposite party and the holding subsidiary of the listed company that has been publicly disclosed, or the guarantee contract concluded between the opposite party and the company whose shares are traded on other national securities trading places approved by the State Council.” the deposit certificate pledge contract signed between Guangzhou Zijing and the defendant is invalid, and the defendant shall return 100 million yuan of funds under the deposit certificate and pay corresponding interest.
4、 Basic information of litigation case III
(I) litigants
Plaintiff: Guangzhou Amethystum Storage Technology Co.Ltd(688086) Technology Co., Ltd
Legal representative: Luo Tiewei
Unified social credit Code: 91440101ma9up6jp9a
Address: room 1602, building 23, Tian’an headquarters center, No. 555, North Panyu Avenue, Donghuan street, Panyu District, Guangzhou
Defendant: China Everbright Bank Company Limited Co.Ltd(601818) Zhuhai branch
Unified social credit Code: 914413 Shaanxi Jinye Science Technology And Education Group Co.Ltd(000812) 273538
Legal representative: You Peng
Address: Taifu international finance building, 1199 Jiuzhou Avenue East, Xiangzhou District, Zhuhai
(II) claims
1. Confirm that the pledge contract signed between Guangzhou Amethyst and the defendant has no effect on Guangzhou Amethyst, and return the deposit and interest of 48 million yuan (the interest is calculated according to the loan market quotation interest rate published by the national interbank lending center in the same period from March 16, 2022 to the date of actual payment);
2. The defendant shall bear the lawyer’s fees, litigation costs and preservation costs of the case.
(III) facts and reasons
1. On January 7, 2022, Guangzhou Amethyst signed a pledge contract (No.: zh zzz 7806202022004) with the defendant, and Guangzhou Amethyst provided a deposit certificate for pledge (the limit value of the deposit certificate is RMB 48 million) to guarantee the creditor’s rights of the defendant against the debtor according to the working capital loan contract (No.: zh7806202004) signed by the defendant and Zhuhai Chengxi decoration design Engineering Co., Ltd.
2. Guangzhou Amethyst is a wholly-owned subsidiary of Amethystum Storage Technology Co.Ltd(688086) the listed company. Upon verification, the above pledge contract did not disclose the information related to external guarantee at the time of signing, According to the second paragraph of Article 9 of the interpretation of the Supreme People’s Court on the application of the relevant guarantee system of the civil code of the people’s Republic of China “If the opposite party fails to conclude a guarantee contract with the listed company according to the information publicly disclosed by the listed company that the guarantee matters have been adopted by the resolution of the board of directors or the general meeting of shareholders, and the listed company claims that the guarantee contract is not effective for it and does not bear the guarantee liability or compensation liability, the people’s court shall support it” and paragraph 3 “The provisions of the preceding two paragraphs shall apply to the guarantee contract concluded between the opposite party and the holding subsidiary publicly disclosed by the listed company, or the guarantee contract concluded between the opposite party and the company whose shares are traded on other national securities trading places approved by the State Council”. The pledge contract signed by Guangzhou Amethyst and the defendant shall not be effective for Guangzhou Amethyst, and Guangzhou Amethyst shall not bear the guarantee liability.
3. On March 16, 2022, the defendant realized the pledge right in advance without the consent of Guangzhou Amethyst before the maturity of the creditor’s rights and deposit certificates, and deducted the deposit of Guangzhou Amethyst. The defendant’s deduction behavior was in serious violation of regulations. At the same time, the pledge contract signed by both parties had no effect on Guangzhou Amethyst. Therefore, the defendant should return the deposit and interest of 48 million yuan deducted in violation of regulations to Guangzhou Amethyst.
5、 The impact of the lawsuit announced this time on the company’s current profit or post period profit.
(I) if the plaintiff wins the lawsuit, the amount of the pledged certificate of deposit can be recovered in whole or in part, which will have a positive impact on the company’s daily business activities; If the plaintiff loses the lawsuit, it will lead to the reduction of funds in relevant accounts, which may cause the company to recognize estimated liabilities and losses, and may lead to risks affecting the company’s daily normal operation. At present, the company is unable to estimate the specific impact of relevant litigation on profit and loss. Please pay attention to investment risks. (II) the company will cooperate with the judicial authorities to continue to take legal measures such as litigation to safeguard the rights and interests of listed companies, and earnestly safeguard the legitimate rights and interests of listed companies and the legitimate interests of minority shareholders.
(III) this lawsuit is the legal rights protection behavior of the company and its related wholly-owned subsidiaries. In order to safeguard the legitimate rights and interests of the company and the interests of minority shareholders, the company will pay close attention to and attach great importance to this matter. At the same time, the company will disclose the information of the listed company in accordance with the administrative measures of Shanghai Stock Exchange.
It is hereby announced.
Amethystum Storage Technology Co.Ltd(688086) board of directors April 2, 2022
