Securities code: Dynavolt Renewable Energy Technology (Henan) Co.Ltd(002684) securities abbreviation: ST lion Announcement No.: 2022050 Lion New Energy Technology (Henan) Co., Ltd
Progress announcement on providing guarantee for wholly-owned subsidiaries
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、 Overview of guarantee
According to the business development needs of Mengshi new energy technology (Henan) Co., Ltd. (hereinafter referred to as the “company”) and its subsidiaries within the scope of consolidated statements (hereinafter referred to as the “subsidiaries”), the 55th meeting of the sixth board of directors and the 2020 annual general meeting of shareholders of the company approved the proposal on the prediction of guarantee amount in 2021. It is expected that the company will provide guarantee for its subsidiaries in 2021 The total amount of mutual guarantee provided by subsidiaries and the guarantee provided by subsidiaries to the parent company shall not exceed RMB 2.665 billion. The types of guarantee include joint and several liability guarantee, mortgage, pledge, lien, deposit, etc. the scope of guarantee includes but is not limited to loan, letter of guarantee, factoring, letter of credit, bill financing, trust financing, debt transfer financing, financial leasing, supply chain financing, etc. For details, please refer to China Securities Journal, securities times and cninfo (www.cn. Info. Com. CN.) published by the company on April 29, 2021 Relevant announcements on the website.
2、 Guarantee progress
Fujian powerbao Power Technology Co., Ltd. (hereinafter referred to as “Fujian powerbao”), a wholly-owned subsidiary of the company, applied for a credit line of RMB 116.34 million from Xiamen Bank Co.Ltd(601187) Zhangzhou Branch (hereinafter referred to as ” Xiamen Bank Co.Ltd(601187) ). The actual loan principal of this loan was RMB 57.66 million. The company and its wholly-owned subsidiary Fujian Mengshi New Energy Technology Co., Ltd. (hereinafter referred to as” Fujian Mengshi “) Shenzhen advanced clean power technology research Co., Ltd. (hereinafter referred to as “Shenzhen clean power”) provides joint and several liability guarantee for the above credit business.
3、 Basic information of the guarantor
1. Company name: Fujian powerbao Power Technology Co., Ltd
2. Unified social credit Code: 9135062468307194xr
3. Registered capital: 600 million yuan
4. Address: No. 5, Jindu Avenue, Jindu Industrial Park, Zhao’an, Zhangzhou City, Fujian Province
5. Type: limited liability company (sole proprietorship of legal person invested or controlled by natural person)
6. Legal representative: Zhou Xifang
7. Date of establishment: December 15, 2008
8. Business scope: general projects: Engineering and technology research and test development; Battery manufacturing; Battery sales; General equipment manufacturing (excluding special equipment manufacturing); Technical services, technical development, technical consultation, technical exchange, technology transfer and technology promotion Cecep Solar Energy Co.Ltd(000591) power generation technical services (except for projects subject to approval according to law, business activities shall be carried out independently according to law with business license). License project: production of road motor vehicles; Import and export of goods; Technology import and export (for projects that must be approved according to law, business activities can be carried out only after being approved by relevant departments, and the specific business projects shall be subject to the approval documents or licenses of relevant departments).
9. Ownership structure: the company holds 100% equity of Fujian powerbao.
10. Financial data of the latest year:
Unit: Yuan
Serial number item December 31, 2021 March 31, 2022
1. Total assets 7386874095073869109414
2. Total liabilities 2871395497928714345551
3. Net assets 4515478597145154763863
Item No. January December 2021 January March 2022
1. Operating income 191389864695793277507
2. Net profit -2101656853 -427735113
The above data of 2021 has been audited, and the data of the first quarter of 2022 has not been audited.
11. According to the company’s inquiry on China executive information disclosure network, Fujian power Bao is listed as the “dishonest executee”. However, Fujian power Bao is a wholly-owned subsidiary of the company. The company has control over its operation and the financial risk is controllable. This guarantee will not have a significant adverse impact on the production and operation of the company.
4、 Main contents of guarantee contract
Fujian power Bao applied to Xiamen Bank Co.Ltd(601187) for a credit line of 116.34 million yuan, and the actual loan principal of this loan was 57.66 million yuan. The company, Fujian lion and Shenzhen clean power provided joint and several liability guarantee for the above credit business, and signed the maximum guarantee contract with Xiamen Bank Co.Ltd(601187) respectively. The main terms of the three contracts are the same, and the main contents are as follows:
(I) guarantee scope
1. Unless otherwise agreed by both parties, the scope of guarantee under this contract includes all principal, interest, compound interest, penalty interest, liquidated damages, debt interest during the period of delay in performance, relevant losses caused by exchange rate changes, other payments payable by the debtor to the creditor (including but not limited to relevant handling fees, telecommunications fees, miscellaneous fees and other expenses) And the expenses incurred by the creditor to realize the creditor’s rights (including but not limited to collection expenses, legal fees or arbitration fees, expenses for keeping the collateral, preservation fees, execution fees, announcement fees, evaluation fees, auction fees, taxes, transfer fees, attorney fees, travel expenses, notarization fees and other expenses), as well as the amount of deposit added at the request of the creditor but not added by the debtor after the main contract comes into force.
2. Even if the maturity date of a single claim occurring within the determination period of the main claim exceeds the determination period of the main claim, or the time when the contingent claim generated within the determination period of the main claim is transformed into an actual claim exceeds the determination time of the main claim, it still belongs to the guarantee scope under this contract.
3. If the creditor adjusts the interest rate level, interest calculation or interest settlement method according to the agreement of the contract or the change of the national interest rate policy, or changes the actual repayment of the debt principal due to the change of exchange rate, if the principal, interest, default interest, compound interest and debt interest payable by the debtor increase during the period of delayed performance, the increased part also belongs to the guarantee scope of the guarantor.
(II) maximum amount of creditor’s rights
The maximum amount of creditor’s rights guaranteed under this contract refers to the principal creditor’s rights, interest, compound interest, default interest, liquidated damages, damages, debt interest during the period of delay in performance, relevant losses caused by exchange rate changes, and other amounts payable by the debtor (including but not limited to relevant handling charges, telecommunications charges, miscellaneous charges and other expenses) All creditor’s rights including the expenses for realizing creditor’s rights or realizing security interests (including but not limited to collection fees, litigation fees or arbitration fees, expenses for keeping collateral, preservation fees, execution fees, announcement fees, evaluation fees, auction fees, taxes, transfer fees, lawyer’s fees, travel expenses, notarization fees and other expenses) are RMB eighty-seven million two hundred and fifty-five thousand only.
(III) guarantee period
1. The guarantee period shall be calculated separately according to the debt performance period agreed in each single credit document under the main contract, and shall end three years after the expiration of the performance period of each specific main debt under the main contract.
2. If the main contract stipulates repayment by installments, the guarantor shall bear the guarantee responsibility for the repayment obligations performed by installments under the main contract. The guarantee period is from the date of expiration of the performance period of each installment of debt to three years after the expiration of the last installment of repayment period.
3. The terms “expiration” and “expiration” in this contract include the circumstances in which the creditor announces the early expiration. If the creditor declares that the principal creditor’s right is due ahead of schedule, the date of early maturity announced by the creditor shall be the date of expiration of the debt performance period.
4. If the creditor and the debtor reach an extension agreement on the debt performance period, the guarantee period shall end three years after the expiration of the debt performance period re agreed in the extension agreement.
(IV) guarantee mode
The guarantee under this contract is joint and several liability guarantee. If there are multiple guarantors under the main contract, each guarantor shall bear joint and several guarantee liabilities to the creditor for all the guaranteed debts.
5、 Accumulated external guarantees and overdue guarantees
As of March 31, 2022, the company provided guarantees for subsidiaries within the scope of consolidated statements and the balance of mutual guarantees of subsidiaries within the scope of consolidated statements totaled 706883800 yuan.
The company and its subsidiaries within the scope of consolidated statements provided guarantees to other third parties, with a total balance of 1452399 million yuan, including:
1. Provide guarantee for Hubei Mengshi New Energy Technology Co., Ltd
On August 3, 2020, the company disclosed the announcement on the receipt of civil ruling by the wholly-owned subsidiary. The wholly-owned subsidiary of the company, Hubei Mengshi New Energy Technology Co., Ltd. (hereinafter referred to as “Hubei Mengshi”) received the civil ruling ([2019] e 0684 minpo No. 3-5) from the people’s Court of Yicheng city, Hubei Province, and is now the creditor of Hubei Yicheng Rural Commercial Bank Co., Ltd Some creditors and the bankruptcy liquidation group strongly opposed the application of Hubei lion to postpone the submission of the draft reorganization plan. Yicheng people’s Court of Hubei Province ruled to terminate the reorganization procedure of Hubei lion and declared Hubei lion bankrupt. After entering the bankruptcy liquidation procedure, Hubei lion was taken over by the administrator designated by the court, the company lost its control, and Hubei lion was no longer included in the scope of the company’s consolidated statements. Before that, the company and its subsidiaries within the scope of consolidated statements provided guarantees for Hubei lion, with a total balance of 422407 million yuan. After Hubei lion is no longer included in the scope of consolidated statements, the company and its subsidiaries within the scope of consolidated statements still need to continue to perform guarantee obligations until the expiration of the guarantee period. Since the company has lost its control over Hubei lion, the aforesaid guarantee has been transferred to the guarantee provided by the company and its subsidiaries within the scope of consolidated statements for other third parties.
2. Provide guarantee for Jiangsu fengguyuan Energy Storage Technology Research Institute Co., Ltd
On April 6, 2021, the company disclosed the announcement on the application for bankruptcy liquidation of its holding subsidiary. Jiangsu fengguyuan Energy Storage Technology Research Institute Co., Ltd. (hereinafter referred to as “Jiangsu fengguyuan”) received the civil ruling ([2021] Su 1191 Boshen No. 3) from the people’s Court of Zhenjiang Economic Development Zone, The people’s Court of Zhenjiang Economic Development Zone ruled to accept the creditor Chen Guang’s application for bankruptcy liquidation of Jiangsu fengguyuan. After entering the bankruptcy liquidation procedure, Jiangsu fengguyuan was taken over by the administrator designated by the court, the company lost its control, and Jiangsu fengguyuan was no longer included in the scope of the company’s consolidated statements. Before that, the company provided guarantee for Jiangsu fengguyuan with a total balance of 1029992 million yuan. After Jiangsu fengguyuan is no longer included in the scope of the company’s consolidated statements, the company still needs to continue to perform the guarantee obligations until the guarantee expires. Since the company has lost its control over Jiangsu fengguyuan, the above guarantee has been transferred to the guarantee provided by the company for other third parties.
The overdue guarantee principal and interest, default interest and liquidated damages involved in the above guarantee amount to about 723552 million yuan.
6、 Documents for future reference
The company, Fujian lion and Shenzhen clean power signed the maximum guarantee contract with Xiamen Bank Co.Ltd(601187) respectively. It is hereby announced.
Board of directors of Mengshi new energy technology (Henan) Co., Ltd
April 29, 2002
