Every reporter: Wang Jing Every editor: Yang Xia
On December 19, Saiwei Intelligent (SZ300044, share price of 6.87 yuan, market value of 5.248 billion yuan) issued an announcement on major arbitration matters, saying that the company recently received a notice from the Shenzhen Court of International Arbitration that the dispute over the sales contract between the respondent for Saiwei Intelligence and Langfang Meite Technology Co., Ltd. (hereinafter referred to as Meite Technology) filed by Shenzhen Aite Network Energy Technology Co., Ltd. (hereinafter referred to as Aite Netneng) as the claimant to the Shenzhen Court of International Arbitration has been accepted, and the company has received the "Arbitration Notice".
The case originated from a sales contract dispute in 2020, in which Aitewang required Saiwei to pay the contract price of 613 million yuan, the liquidated damages for overdue payment of 58.2286 million yuan as of December 30, 2021, and the liquidated damages for overdue payment from December 31, 2021 to the date of actual payment of all the goods (based on 613 million yuan, calculated according to the standard of 4/10,000 per day, temporarily calculated as of November 7, 2023, 166 million yuan), and the company was awarded 2.8 million yuan in legal fees in this case. The total amount is about 840 million yuan.
Referring to the impact on listed companies, Saiwei said: "At present, this arbitration case has not yet been heard, and the impact on the company is still uncertain. The Company will continue to follow up on the progress of the trial. ”
Saiwei Intelligence: The creditor's rights and debts corresponding to the arbitration case have been transferred
Looking back on the case itself, in June 2020, Aitewang and Lenovo (Beijing) Co., Ltd. (hereinafter referred to as Lenovo) signed three copies of the "Langfang Yunfeng Data Center Project Data Center Equipment Integration Sales and Service Contract" and one "Langfang Yunfeng Data Center Project Third-party Testing Service Agreement". The tax-inclusive amounts of the four contracts were 144 million yuan, 344 million yuan, 191 million yuan and 2.7273 million yuan respectively. The four contracts and agreements respectively stipulate that Aitewang will provide goods for Lenovo and be entrusted to test the Yunfeng Data Center project in Langfang City.
On December 30, 2020, Saiwei Intelligence, Aitewang Energy and Lenovo signed the Contract Transfer Agreement, and the three parties jointly confirmed that Lenovo would transfer the contractual rights and obligations under the aforesaid four contracts and agreements to Saiwei Intelligence.
After the contract was signed, Aitewang considered that it had fulfilled its obligations for supply and corresponding services, and had issued all invoices under the contract and agreement to Saiwei, but Saiwei only paid 10% of the contract payment for the four contracts/agreements. Although Saiwei Intelligent transferred two electronic commercial acceptance bills to Aitewang on December 31, 2021, during April 6 and April 11, 2022, the system prompted that the payment was rejected due to insufficient balance in the account of the acceptor of the commercial acceptance bill. Therefore, Aitewang can believe that 90% of the 613 million yuan of the money has not been paid.
In this regard, Aitewang can believe that the behavior of the late payment of Saiwei Intelligent has constituted a breach of contract and should bear the liability for breach of contract. Mite Technology uses its property as the mortgage of the main creditor's rights of Aite.com, and Aite.com has the right to enjoy the priority of repayment with the discount, auction and sale price of the equipment mortgaged by Mite Technology.
In the face of huge recourse, Saiwei Intelligent said that on December 31, 2021, the company paid three bills to Aite Neteng by way of endorsement and transfer of commercial acceptance bills, with a total amount of 803 million yuan. Subsequently, on March 29, 2022, Aitewang Energy issued a "Letter of Commitment" to the company stamped with the official seal of Aitewang Energy and the signature seal of the legal person. The letter of commitment shows that Aitewang can promise to give up the recourse of the above-mentioned 803 million yuan commercial acceptance bill, and directly claim the right of the bill to the bill issuer. Therefore, the creditor-debtor relationship corresponding to the project of this arbitration case has been transferred.
Receiving the "Administrative Penalty Decision" due to false records and other illegal facts in the annual report
According to public information, Saiwei Intelligence is mainly engaged in three main business segments: artificial intelligence, smart city, culture and education, and its main products include industrial inspection and operation and maintenance robots and operation and maintenance platforms, image and video recognition, drone series products, rail transit series products, etc.
In terms of performance, the third quarter report of 2023 released by Saiwei Intelligent shows that in the first three quarters of 2023, the company achieved a total operating income of 326 million yuan, an increase of 35.71% over the same period of last year, and a net profit attributable to shareholders of listed companies of 17.318 million yuan, an increase of 157.42% over the same period of last year. In the third quarter, the company achieved a total operating income of 140 million yuan, an increase of 54.19% over the same period of last year, and a net loss attributable to shareholders of listed companies was 6.6927 million yuan.
In addition to major arbitrations, Saiwei Intelligence has been in turmoil in recent years.
Zhou Yong, the actual controller and former chairman of Saiwei Intelligence, was investigated by relevant departments on suspicion of bribery. In September 2022, according to the "Notice of Retention in Custody" issued by the Supervision Commission of Quanjiao County, Chuzhou City, Anhui Province, Zhou Yong was investigated on suspicion of bribery and placed in custody, and was not released from retention until March 20, 2023. On April 11, Zhou Yong applied for resignation as chairman of Saiwei Intelligence for personal reasons, and after his resignation, he still served as a director and a member of the strategy committee of the company.
In August this year, Saiwei Intelligent received the "Administrative Penalty Decision" issued by the Shenzhen Supervision Bureau of the China Securities Regulatory Commission (hereinafter referred to as the Shenzhen Securities Regulatory Bureau). It was found that there were illegal facts such as failure to disclose related party transactions in a timely manner and failure to disclose related party transactions in regular reports, and false records in the 2019 and 2020 annual reports. Among them, in 2020, the company's total inflated operating income will be about 130 million yuan, operating cost will be 122 million yuan, and total profit will be 4.405 million yuan, accounting for about 8.33%, 7.95%, and 6.95% of the absolute value of the company's operating income, operating cost, and total profit in 2020, respectively.
In this regard, the Shenzhen Securities Regulatory Bureau ordered the company to make corrections, gave a warning and imposed a fine of 1 million yuan, gave a warning to Zhou Yong, then chairman and general manager, and imposed a fine of 2 million yuan, Ning Qunyi, then director and deputy general manager, gave a warning and imposed a fine of 800,000 yuan, and gave a warning and imposed a fine of 500,000 yuan on Liu Cheng, then chief financial officer.
At that time, Saiwei Intelligence said that according to the situation identified in the "Administrative Penalty Decision", the illegal acts of information disclosure involved this time did not touch the situation of forced delisting of major violations.
National Business Daily