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Note 18. Commitment and Contingencies
12 Months Ended
Dec. 31, 2014
Notes  
Note 18. Commitment and Contingencies

NOTE 18.  COMMITMENT AND CONTINGENCIES

 

Dispute with Renyi Hou

 

Between 2007 and 2010, a period during which Renyi Hou was CEO of the Company, Sichuan Xinju Mineral Resources Development Co. Ltd. (“Xinju”) borrowed a total of RMB28, 665,844 from Sichuan Apollo Solar Science & Technology Co. Ltd and Sichuan Xinlong Tellurium Industry & Technique Co. Ltd.  Xinju is a private company, of which Mr. Hou owned 40%.  On March 10, 2011 the Company’s Board of Directors agreed that Mr. Hou could satisfy the loans by surrendering 2,418,923 shares of the Company’s common stock.  Those shares, when delivered by Mr. Hou, were held as treasury shares by the Company.  In July 2013 counsel for Sichuan Apollo issued a legal opinion that the cancellation of the Sichuan Apollo receivables in exchange for shares of its parent corporation was illegal under Chinese law, and so voidable in court. Accordingly, Sichuan Apollo initiated a legal complaint with the local bureau of economic investigation. On November 19, 2013 the local bureau dismissed the complaint.    Sichuan Apollo appealed the dismissal in December 2013.  In addition, the Company tendered a certificate for 1,418,923 shares to Renyi Hou in order to reverse the 2011 transaction (1,000,000 shares otherwise due from Mr. Hou to the Company being withheld from the tender).  However, as no consideration has been given for those shares, they are not considered outstanding, and remain treasury shares.

 

Dispute with Sichuan Xinju

 

On the same day that Sichuan Apollo filed a criminal complaint against Renyi Hou, as described above, Sichuan Xinju filed a civil lawsuit in a Chinese court against Sichuan Apollo. The complaint alleged that Sichuan Xinju paid RMB 3,548,160 ($579,765) to satisfy a loan owed to a third party by Sichuan Apollo and demanded reimbursement. Sichuan Apollo replied, denying liability on the grounds that the funds paid by Sichuan Xinju to the third party had been illegally transferred from a subsidiary of Sichuan Apollo to Sichuan Xinju by Renyi Hou. The civil court entered judgment in favor of Sichuan Xinju and imposed a lien on the bank account of Sichuan Apollo. Sichuan Apollo intends to appeal the judgment.