Illegal guarantee, fund occupation! Yu diamond will be st

Yu diamond announced on the evening of the 2nd that the company’s stock has been subject to other risk warnings since the opening of the market on November 4, 2020, and the stock abbreviation has been changed from “yudiamond” to “St diamond”; the daily price limit of stock trading remains unchanged, which is still 20%; the stock code remains unchanged, which is still 300064. The trading of the company’s shares will be suspended for one day from the opening of the market on November 3, 2020 (Tuesday), and will resume trading on November 4, 2020 (Wednesday). Firstly, there is the situation of providing funds to the controlling shareholders or their related persons. The company sorted out and analyzed the litigation matters, and verified the use of the seal and the examination and approval of non operating loan and guarantee cases: after verification, the dispute case materials between the company and Niu Yinping showed that the funds flowed to the controlling shareholder; the dispute case materials between the company and Zhang Zhijun showed that the company provided loan guarantee for the actual controller. In two cases, the court has deducted 44 million yuan of land compensation from the company. The second is that there is the situation of providing external guarantee in violation of the prescribed procedures. At the same time, due to litigation matters, the company failed to perform the internal examination and approval and related review procedures for external guarantee. Among them, 8 cases have been judged to be effective by the court, with a total litigation amount of about 777 million yuan, accounting for 44.76% of the company’s audited net assets in 2019. < p > < p > yudiamond said that so far, the company’s occupation of the above funds and illegal guarantee matters are not expected to be solved within one month. According to Article 9.4 (4) of Shenzhen Stock Exchange GEM Listing Rules (revised in 2020), “the company provides funds to the controlling shareholder or its affiliated person or provides external guarantee in violation of the prescribed procedures, and the situation is serious”; Article 9.5 Article 1 stipulates that “(1) the balance of funds provided by a listed company to its controlling shareholders or its related persons is more than 10 million yuan, or accounts for more than 5% of the latest audited net assets of the listed company; (2) the balance of the external guarantee provided by the listed company in violation of the prescribed procedures is more than 50 million yuan, and accounts for more than 10% of the latest audited net assets of the listed company.” In view of the current situation of the company, the company’s shares touch other risk warning situations and are subject to other risk warnings. According to Yu diamond, according to the company’s inquiry and confirmation with the actual controller and the controlling shareholder, Guo Liuxi, the actual controller, plans to make the actual controller within 12 months (2021) (before November 2) on the basis of repayment by third party assets, strive to negotiate with creditors, dispose of assets with clear and unrestricted property rights, repay the Occupied Funds of listed companies formed by passive deduction in various ways, such as paying off debts with property, undertaking debts, etc., so as to make up for the losses caused to the company by judicial deduction in the above cases. At present, the relevant assets appraisal work is in progress. After the completion of the appraisal, it is proposed to submit it to the company’s board of directors and the general meeting of shareholders for deliberation, sign relevant agreements, and terminate the non operating occupation of the company’s funds. < / P > < p > in view of the above situation of providing external guarantee in violation of the prescribed procedures, the company has appointed a special person to actively communicate with relevant creditors and negotiate solutions, asking for the release of relevant guarantee obligations, or requiring the controlling shareholder and its related persons and relevant borrowers to provide counter guarantee. In case that the debtor is unable to repay in time or cannot provide counter guarantee, the company will provide the relevant creditor with a counter guarantee At the same time, the company will strengthen the study and training of relevant laws, regulations and systems, improve the awareness of standardization, ensure the effective implementation of various rules and regulations, and further improve the internal control system and strengthen the business Audit the Department’s business development, sort out the internal control process, find the process risk points, ensure the effectiveness of internal control, evaluate and analyze the risk intensity, prevent the recurrence of violations, and effectively safeguard the rights and interests of the company and shareholders. Yu diamond said that the board of directors of the company will continue to urge the controlling shareholders and actual controllers to take effective measures to actively solve the problems of illegal guarantee and fund occupation, raise funds to release the guarantee and repay the relevant debts as soon as possible. For the proposed solutions, the board of directors will supervise and evaluate the situation and organize special personnel to be responsible for tracking and implementing. The board of directors of the company will actively take various measures, including judicial means, to safeguard the legitimate rights and interests of listed companies and minority shareholders. < p > < p > prior to October 28, Henan diamond disclosed its third quarterly report. The net profit of the company decreased by RMB 0.308 billion to RMB 0.308 billion on a year-on-year basis, and the net profit of the company decreased by RMB 0.308 billion to rmb-308 billion in the first quarter. It is worth noting that directors Wang Daping and Liu Miao are unable to express their opinions on whether the company has non operating capital occupation, so they can not confirm the authenticity, accuracy and completeness of the quarterly report. In the secondary market, Yu Diamond 2 daily closed at 5.73 yuan / share, up 3.99%, and increased by 155.8% in recent 60 days, with a total market value of 7 billion yuan. < / P > < p > Disclaimer: the purpose of this article reprinted by china.com finance and economics is to convey more information and does not represent the views and positions of the website. The content of this paper is for reference only and does not constitute investment advice. Investors operate accordingly and bear their own risks. < p > < p > Chinanet is a national key news website under the leadership of the Information Office of the State Council and managed by China foreign language publishing and Distribution Bureau. 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