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STATUTORY RESERVES
12 Months Ended
Dec. 31, 2012
Statutory Reserves [Abstract]  
STATUTORY RESERVES

18. STATUTORY RESERVES

 

Pursuant to the corporate law of the PRC effective January 1, 2006, the Company is only required to maintain one statutory reserve by appropriating from its after-tax profit before declaration or payment of dividends. The statutory reserve represents restricted retained earnings.

 

Surplus Reserve Fund

 

The Company’s Chinese subsidiaries are required to transfer 10% of their net income, as determined under PRC accounting rules and regulations, to a statutory surplus reserve fund until such reserve balance reaches 50% of the Company’s registered capital. The Company’s Chinese subsidiaries are not required to make appropriation to other reserve funds and do not have any intentions to make appropriations to any other reserve funds. There are no legal requirements in the PRC to fund these reserves by transfer of cash to restricted accounts, and the Company’s Chinese subsidiaries do not intend to do so.

 

The surplus reserve fund is non-distributable other than during liquidation and can be used to fund previous years’ losses, if any, and may be utilized for business expansion or converted into share capital by issuing new shares to existing shareholders in proportion to their shareholding or by increasing the par value of the shares currently held by them, provided that the remaining reserve balance after such issue is not less than 25% of the registered capital.

 

Common Welfare Fund

 

The common welfare fund is a voluntary fund to which the Company can transfer 5% to 10% of its net income. This fund can only be utilized on capital items for the collective benefit of the Company’s employees, such as construction of dormitories, cafeteria facilities, and other staff welfare facilities. This fund is non-distributable other than upon liquidation. The Company does not participate in this fund.

 

The maximum statutory reserve amount has not been reached for any subsidiary. The table below discloses the statutory reserve amount in the currency type registered for each Chinese subsidiary as of December 31, 2012.

 

Name of Chinese
Subsidiaries
  Registered Capital     Maximum Statutory
Reserve Amount
    Statutory reserve at December
31, 2012
                 
Shanghai TCH   $ 29,800,000     $ 14,900,000     ¥  6,564,303     ($ 959,387)
                     
Xi’an TCH   ¥ 202,000,000     ¥ 101,000,000     ¥ 36,413,838  ($5,377,245)
                     
Erdos TCH   ¥ 120,000,000     ¥ 60,000,000     ¥   9,780,018  ($1,429,370)
                     
Shaanxi Huahong   $ 2,500,300     $ 1,250,150     Did not accrue yet due to accumulated deficit
                     
Xingtai Huaxin   ¥ 550,000     ¥ 275,000     Did not accrue yet due to accumulated deficit