Recovering overdue debts Foshan Lighting sues its own subsidiary

Foshan Lighting (000541) a paper indictment brought its own subsidiary to court, behind this rare scene can be traced back to the company's "old injury" that year. However, this time it is possible to protect the rights with legal weapons, and it also shows that Foshan Lighting is working hard to solve the remaining problems.

On August 29, Foshan Lighting announced that the company's board of directors agreed to immediately file a lawsuit against Qinghai Fozha Lithium Energy Development Co., Ltd. (hereinafter referred to as "Foshan Lithium Energy") and collect the arrears through legal means. The announcement shows that on January 21 this year, Foshan Lighting entrusted Minsheng Bank with a loan of RMB 43.32 million to Foshan Lithium Energy, and agreed that the due date for repayment will be May 20 this year, and a one-off repayment of interest will be required. However, as of August 26, Fo Zhao Li Energy has not returned the loan and interest to the company.

The special feature of this lawsuit is that Foshan Lithium Energy is a subsidiary of Foshan Lighting, and it is rare for listed companies to suing subsidiaries. According to the data, Folu Lithium Energy was established in 2009, when Foshan Lighting invested 29.23 million yuan, accounting for 38% of the total share capital; Huaou Company invested 33% of the total share capital; the remaining shareholders have Lithium Energy Holdings Co., Ltd. Qinghai origin commerce limited liability company. The original intention of Foshan Lighting to set up Lizhao Lithium Energy is to enable listed companies to enter the new energy field.

However, the Buddha Lithium Energy Energy has already buried "problems" at the beginning of its establishment. In July 2012, the Guangdong Securities Regulatory Bureau's decision on the regulatory measures for Foshan Lighting pointed out that the company's violations did not disclose the relationship with Qinghai Sky Rare Element Technology Development Co., Ltd. (hereinafter referred to as "Qinghai Skyline"). Qinghai Skyline and the aforementioned Huaou Company belong to the same actual controller. When the Buddha Lithium Energy was established, the patented technology of Huaou Company has not been transferred to the Qinghai Skyline. Therefore, the company was funded by Huayu Company. Since then, 33% of the shares of Foshan Lithium Energy, which is owned by Huaou Company, has been placed under the Qinghai skyline.

It is the relationship between Qinghai Sky and listed companies. According to previous announcements, the shareholders of Qinghai Skyline are Huang Sangui and Zhong Yonghui, whose equity ratios are 71% and 29% respectively, and Zhong Yonghui holds a directorship in Qinghai Skyline. Zhong Yonghui is the second son of Foshan Lighting's current chairman, Zhong Xincai. As a result, Qinghai Skyline has formed a relationship with listed companies.

Just before this relationship was discovered, a landmark event was that Foshan Lighting’s former helm, Zhong Xincai, resigned as chairman of the company in April 2012, which heralded the end of the “Zhong Xincai era”. Since then, like the Qinghai skyline, many cases of associations that have been concealed for many years have been exposed by the regulatory authorities, which caused an uproar. The core behind it is Zhong Xinliang and Zhong Yonghui.

In the past few years, the operation status of Lizhao Lithium Energy has not been satisfactory. As of June 30 this year, the unaudited total assets of Fozhao Lithium Energy were 125 million yuan, the net assets were 80.92 million yuan, the operating income was 0 yuan, and the loss was 5,152,200 yuan.

In addition, Qinghai Foshan Lithium Battery Catalyst Co., Ltd. (hereinafter referred to as "Qinghai Buddha Lithium Battery"), another company related to Zhong's father and son, is not optimistic. Foshan Lighting announced today that it will transfer its 51% stake in Qinghai Fozhao Lithium to Wuxi Tuohai. At present, the legal representative of Qinghai Fozhao Lithium is Zhong Xincai, and Qinghai Weili New Energy Co., Ltd., which holds 20% of the company's shares, has been disclosed by Zhong Yonghui, and Zhong Yonghui is the actual controller of the above 20% equity. This hidden relationship was also discovered by the regulatory authorities last year.

According to the disclosure, Qinghai Buddha Lithium Battery lost 8.1 million yuan last year, and the loss in the first half of this year has reached 8.53 million yuan. Similar to the Buddha Lithium Energy, the company had no operating income in the first half of this year, and its revenue last year was only about 100,000 yuan. This time, the transfer price of 51% equity of Qinghai Fozhao Lithium Battery was 100.17 million yuan. In 2010, when the company was founded, Foshan Lighting's capital contribution was 25.5 million yuan.

It can be seen that whether it is resorting to the law or transferring equity, Foshan Lighting is “cutting” with the troubled lithium subsidiary to gradually solve the remaining problems of the year.

(This article is reproduced on the Internet. The texts and opinions expressed in this article have not been confirmed by this site, nor do they represent the position of Gaogong LED. Readers need to verify the relevant content by themselves.)

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