Securities code: 000150 securities abbreviation: Yihua Healthcare Co.Ltd(000150) Announcement No.: 2022-06 Yihua Healthcare Co.Ltd(000150)
Announcement on receiving the decision on administrative supervision measures
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.
Yihua Healthcare Co.Ltd(000150) (hereinafter referred to as the “company” or ” Yihua Healthcare Co.Ltd(000150) “) received the decision on ordering corrective measures against Yihua Healthcare Co.Ltd(000150) (administrative regulatory measures decision [2022] No. 4) (hereinafter referred to as the “decision”) issued by Guangdong regulatory bureau of China Securities Regulatory Commission (hereinafter referred to as the “Guangdong securities regulatory bureau”) today. The contents of the decision are announced as follows:
1、 The company’s receipt of the decision on administrative supervision measures
“After investigation, your company has the following violations:
(I) providing guarantee for the controlling shareholder’s loan in violation of regulations and failing to fulfill the obligation of information disclosure
On March 2, 2019, your company issued a letter of guarantee to du to provide joint and several liability guarantee for the loan contract of RMB 150 million signed between your controlling shareholder Yihua enterprise (Group) Co., Ltd. (hereinafter referred to as Yihua group) and Du. The above guarantee amount accounted for 6.2% of your company’s audited net assets in 2018. Your company’s provision of guarantee for the controlling shareholder’s loan violates the relevant provisions of the notice on Several Issues Concerning Regulating the capital exchanges between listed companies and related parties and the external guarantee of listed companies, and the company fails to perform the obligation of information disclosure for this illegal guarantee, and violates articles 2, 30 and 30 of the measures for the administration of information disclosure of listed companies (Order No. 40 of the CSRC) Article 48.
(II) failure to disclose major lawsuits involving the company in time
After investigation, your company is involved in a major lawsuit against the above loan guarantee of Yihua group and Du. According to the civil judgment ((2019) Jing 01 min Chu No. 444) of Beijing No. 1 Intermediate People’s Court (hereinafter referred to as Beijing No. 1 Intermediate People’s court), on December 30, 2020, Beijing No. 1 Intermediate People’s court made a first instance judgment on relevant litigation cases, ordering Yihua group to repay the loan principal of 85.103449 million yuan and corresponding interest to Du, Your company is jointly and severally liable for one-half of the payment obligations undertaken by Yihua group. Due to refusing to accept the civil judgment of Beijing No. 1 Intermediate People’s court, Yihua group appealed to Beijing Higher People’s Court (hereinafter referred to as Beijing High Court). According to the civil judgment of Beijing High Court ((2021) jingminzhong No. 223), the Beijing High Court filed the case on March 2, 2021 and held two public hearings on May 27 and August 12, 2021. All the litigation agents entrusted by your company attended the court. On December 27, 2021, the Beijing high court made a second instance judgment, rejected the appeal and upheld the original judgment. Your company was judged by the court that the amount of joint and several liability for relevant guaranteed loans exceeded 15.45% of the audited net assets in 2020, but your company did not disclose the above major litigation matters in time until January 7, 2022, in violation of Article 2 of the measures for the administration of information disclosure of listed companies (Order No. 40 of the CSRC) Article 30 and Articles 3 and 22 of the measures for the administration of information disclosure of listed companies (Order No. 182 of the CSRC).
According to the provisions of Article 59 of the measures for the administration of information disclosure of listed companies (Order No. 40 of the CSRC) and Article 52 of the measures for the administration of information disclosure of listed companies (Order No. 182 of the CSRC), our bureau has decided to take administrative regulatory measures to order your company to make corrections. Your company should attach great importance to the above problems, take effective measures to make practical rectification, and be true according to law Accurately, completely, timely and fairly perform the obligation of information disclosure. Meanwhile, the company shall hold the relevant responsible personnel accountable, submit the rectification report and internal accountability to the Bureau within 30 days after receiving this decision, and copy it to Shenzhen Stock Exchange.
If you are not satisfied with these supervision and management measures, you can apply for administrative reconsideration to the China Securities Regulatory Commission within 60 days from the date of receiving this decision; It may also bring a lawsuit to the people’s court with jurisdiction within 6 months from the date of receiving this decision. During the period of reconsideration and litigation, the above supervision and management measures shall not be suspended. ” 2、 Other instructions
The company and all directors, supervisors and senior managers attach great importance to the above facts, and immediately organize relevant personnel to carry out self-examination.
The company will actively rectify and implement internal accountability in strict accordance with the requirements of Guangdong securities regulatory bureau. The directors, supervisors and senior managers of the company will take this rectification as an opportunity to strengthen the study of relevant laws, regulations and normative documents such as the securities law of the people’s Republic of China, the measures for the administration of information disclosure of listed companies and the stock listing rules of Shenzhen Stock Exchange, fulfill the obligation of diligence and responsibility, and further improve the awareness of standardized operation of the company, At the same time, strengthen the company’s internal control management, improve corporate governance, effectively improve the quality of information disclosure, safeguard the legitimate rights and interests of shareholders of listed companies, and promote the healthy, stable and sustainable development of the company.
It is hereby announced.
Yihua Healthcare Co.Ltd(000150) board of directors January 11, 2002
