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About Shanxi Yongdong Chemistry Industry Co.Ltd(002753) issued by Beijing Zhongyin law firm
Public issuance of convertible corporate bonds
Supplementary legal opinion (III)
April, 2001
Beijing, China
Beijing Zhongyin law firm
About Shanxi Yongdong Chemistry Industry Co.Ltd(002753)
Public issuance of convertible corporate bonds
Supplementary legal opinion (III)
To: Shanxi Yongdong Chemistry Industry Co.Ltd(002753)
Entrusted by the issuer to act as the special legal adviser of the issuer for this public offering, the bourse hereby issues supplementary legal opinions on relevant matters related to the issuer’s public offering.
In January 2021, the exchange issued the legal opinion of BOC law firm on Shanxi Yongdong Chemistry Industry Co.Ltd(002753) public issuance of convertible corporate bonds (hereinafter referred to as the “legal opinion”) and the lawyer work report of BOC law firm on Shanxi Yongdong Chemistry Industry Co.Ltd(002753) public issuance of convertible corporate bonds (hereinafter referred to as the “lawyer work report”). According to the notice on the first feedback on the examination of administrative licensing projects issued by the CSRC (No. 210065, hereinafter referred to as the “feedback”), the exchange has issued the supplementary legal opinion (I) of BOC law firm on Shanxi Yongdong Chemistry Industry Co.Ltd(002753) public issuance of convertible corporate bonds (I) on relevant matters involved in the feedback in February 2021. In March 2021, the exchange checked the cross year financial situation of Shanxi Yongdong Chemistry Industry Co.Ltd(002753) and issued the supplementary legal opinion (II) of Beijing BOC law firm on Shanxi Yongdong Chemistry Industry Co.Ltd(002753) public issuance of convertible corporate bonds. According to the letter on the preparation for the meeting of the issuance and Examination Committee of Shanxi Yongdong Chemistry Industry Co.Ltd(002753) public offering of convertible bonds (hereinafter referred to as the “letter on the preparation for the meeting of the issuance and examination committee”) issued by the issuance and supervision department of the CSRC, the exchange hereby issues this legal opinion on the matters related to environmental protection and safe production involved in Shanxi Yongdong Chemistry Industry Co.Ltd(002753) public offering of convertible bonds.
Unless otherwise specified, the terms, names and abbreviations used in this legal opinion have the same meanings as those in the legal opinion and lawyer work report.
In order to issue this legal opinion, our lawyers have checked and verified the relevant issues involved in this legal opinion in accordance with the provisions of relevant laws, administrative regulations, normative documents and the requirements of our business rules and in the principle of prudence and importance.
In accordance with the provisions of the securities law, the measures for the administration of securities legal business of law firms and the rules for the practice of securities legal business of law firms (for Trial Implementation), as well as the facts that have occurred or exist before the date of issuance of this legal opinion, the office and its handling lawyers have strictly performed their statutory duties, followed the principles of diligence and good faith, and conducted full verification to ensure the authenticity of the facts identified in this legal opinion It is accurate and complete, the concluding opinions issued are legal and accurate, and there are no false records, misleading statements or major omissions, and is willing to bear corresponding legal liabilities.
In accordance with the provisions of articles 19 and 163 of the securities law, and in accordance with the business standards, ethics and the spirit of diligence recognized by the lawyer industry, the lawyers of our firm hereby issue the following supplementary legal opinions on the basis of checking and verifying the relevant documents and facts:
Question 1 of the letter on the preparation of the IEC meeting About environmental protection and safe production. The industry in which the issuer is engaged is a highly polluting industry. The main pollutants produced by production and operation include waste gas, waste water, noise and solid waste, and the safety production license held by the issuer is valid until September 29, 2021. The issuer is requested to supplement and disclose: (1) whether the environmental protection and safety production qualifications of the issuer and its subsidiaries are complete, whether they are continuously effective during the reporting period, whether the environmental assessment and environmental inspection procedures have been performed for the built projects, whether the environmental assessment procedures have been performed for the projects under construction and the proposed projects, and whether the production and operation of the issuer and the projects invested by the raised funds meet the requirements of national and local environmental protection laws, regulations and relevant policies; (2) The issuer and its subsidiaries have been subject to administrative penalties of more than 10000 yuan during the reporting period, the specific causes of relevant administrative penalties, whether the rectification has been completed, whether there are major violations in environmental protection and safe production, whether the relevant internal control system is sound and effectively operated, and whether it constitutes an obstacle to this issuance; (3) Whether the operation of environmental protection facilities and safety facilities can match the production capacity, whether there is overcapacity production, the specific inspection of relevant production and operation business by the environmental protection and safety supervision department, and whether there are foreseeable major environmental protection and safety compliance risks. The sponsor and the issuer’s lawyer are requested to explain the verification basis and process, and express clear verification opinions.
1、 Whether the environmental protection and safety production qualifications of the issuer and its subsidiaries are complete, whether they are continuously effective during the reporting period, whether the environmental assessment and environmental inspection procedures have been fulfilled for the built projects, whether the environmental assessment procedures have been fulfilled for the projects under construction and the proposed projects, and whether the production and operation of the issuer and the projects invested by the raised funds meet the requirements of national and local environmental protection laws, regulations and relevant policies
(I) the environmental protection and safety production qualifications of the issuer and its subsidiaries are complete and relevant qualifications remain valid during the reporting period
1. Environmental protection qualification
The issuer now holds the pollutant discharge permit (Certificate No.: 91140800719861645d001v) issued by Yuncheng administrative examination and approval service administration on August 20, 2020. The issuer’s industry category is “chemical reagent and auxiliary agent manufacturing, organic chemical raw material manufacturing, boiler”, and the certificate is valid from August 20, 2020 to August 19, 2023.
The issuer originally held the pollutant discharge permit (Certificate No.: 91140800719861645d001p) issued by Yuncheng Ecological Environment Bureau on June 18, 2019. The industry category of the issuer is “manufacturing of organic chemical raw materials”, and the certificate is valid from June 18, 2019 to June 17, 2022.
The issuer originally held the pollutant discharge license (license No.: 140824261401190800) issued by Shanxi provincial environmental protection department on February 8, 2018. The certificate is valid from February 8, 2018 to February 7, 2021.
The issuer originally held the pollutant discharge license (license No.: 140824261401190800) issued by Shanxi provincial environmental protection department on July 25, 2016. The certificate is valid from July 25, 2016 to July 24, 2019.
According to the confirmation of the issuer and the verification of our lawyers, Yongdong technology, a subsidiary of the issuer, did not carry out business during the reporting period and did not need to apply for environmental protection qualification.
2. Safety production qualification
The issuer now holds the work safety license (No.: (Jin) wh axzz [2018] No. 0878b4y5) issued by Shanxi provincial work safety supervision and administration on September 30, 2018. The licensed matter of the issuer is the production of hazardous chemicals, and the certificate is valid from September 30, 2018 to September 29, 2021.
The issuer originally held the safety certificate issued by Shanxi Administration of work safety on December 31, 2015
Jzz [2015] production license No. (y084), issued by:
The licensed item is the production of hazardous chemicals, and the certificate is valid from December 31, 2015 to October 2018
May 29.
According to the confirmation of the issuer and the verification of our lawyers, Yongdong technology, a subsidiary of the issuer, was not opened during the reporting period
There is no need to apply for safety production qualification for business exhibition.
In conclusion, our lawyers believe that as of the date of issuance of this legal opinion, the issuer and its subsidiaries are environmentally friendly
And work safety qualifications are complete, and relevant environmental protection and work safety qualifications remain valid during the reporting period.
(II) the issuer has completed the environmental assessment and environmental inspection procedures for the projects it has built, and the issuer’s projects under construction and proposed projects
The project has completed the EIA procedures
1. Environmental protection approval of the issuer’s built projects
As of the date of issuance of this legal opinion, the details of EIA approval performed by the issuer’s built projects are as follows:
Below:
S / n project name environmental impact report approval document environmental protection acceptance approval document
Reply of 300000 t / a coal on the environmental impact report of the completion of carbon black combined production comprehensive project of Shanxi Yongdong Chemistry Industry Co.Ltd(002753) 300000 t / a coal tar processing and T / a coal tar processing and carbon black combined production comprehensive utilization project (jhh [2010] heutilization project [2007] No. 105) 1697)
Letter on acceptance opinions on completion of environmental protection of Shanxi Yongdong Chemistry Industry Co.Ltd(002753) 120000 T / a carbon black project phase I (80000 T / a carbon black production line) (jhh environmental impact report of 120000 T / a carbon black project) [2013] No. 660)
Black project and (jhh [2011] No. 177) about Shanxi Yongdong Chemistry Industry Co.Ltd(002753) 120000 tons / 18000kw tail about Shanxi Yongdong Chemical Co., Ltd
Reply to the approval of the application report of 18mW carbon black tail gas power generation project of gas power generation project and the letter on the completion and environmental protection acceptance of solid waste environmental protection facilities of carbon black project phase II project (40000 t / a carbon black production line) (yjxtf [2016] No. 110) (yhh [2019] No. 297)
Letter on the reply to the acceptance comments on the completion of the 10000 ton modified asphalt project on the environmental impact report of the 100000 ton modified asphalt project of the Shanxi Yongdong Chemistry Industry Co.Ltd(002753) 100000 ton modified asphalt project with an annual output of 100000 tons (yhh [2014] No. 176) (yhh [2017] No. 188)
Shanxi Yongdong Chemistry Industry Co.Ltd(002753) 3 × Phased project of 40000 t / a carbon black and waste heat boiler utilization project (one article 3) × 40000 t / a about Shanxi Yongdong Chemistry Industry Co.Ltd(002753) 3 × 4 T1 carbon black production line) filing form for environmental impact acceptance of completed environmental protection carbon black and waste heat 10000 t / a carbon black and waste heat boiler utilization project of construction project (No.: 20170800-0012) 4 reply to boiler utilization project response report (YH [2014] 542 on Shanxi Yongdong Chemistry Industry Co.Ltd(002753) 3) × Letter on acceptance opinions on environmental protection of phased project completion of 40000 t / a carbon black and waste heat boiler utilization project (yhh [2018] No. 210)
About Shanxi Yongdong Chemistry Industry Co.Ltd(002753) 300000 t / a coal
5. The project of deep processing of coal tar and joint production of 80000 T / a carbon black is undergoing completion acceptance
Reply to the environmental impact report of 80000 tons / mu of CO production (transportation and environmental protection letter)
Carbon black project (2016) No. 191)
2. Environmental protection approval of the issuer’s projects under construction and proposed projects
As of the date of issuance of this legal opinion, the environmental impact assessment procedures of the issuer’s projects under construction and proposed projects
The details are as follows:
No. project name environmental impact report approval document
Environmental impact report on Shanxi Yongdong Chemistry Industry Co.Ltd(002753) 40000 t / a needle coke project
40000 t / A
