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COMMITMENTS - Note 26
9 Months Ended
Sep. 30, 2012
Notes to Financial Statements  
COMMITMENTS - Note 26

NOTE 26 - COMMITMENTS

 

Operating lease commitments

 

The Company has an operating lease for TCB Digital's premises through TCBGCL, a common shareholder of TCB Digital; pursuant to this lease, the rate of rent is at $1.25 (Rmb 8) per square meter per month for production facilities and dormitory space. The Company leases of the Tianjin factory and dormitory expired on July 20, 2012 and December 31, 2011; the Company is currently renting on a month to month basis. The Company also has an operating lease in Beijing for office space shared with Nollec Wireless, with rent at $21.37 (Rmb 137) per square meter per month for 1,409 square meters and with rent at $20.44 (Rmb 131) per square meter per month for 388 square meters. Nollec's Beijing office expires in April 15, 2013. The Company has an operating lease in Hong Kong for the office of CDE, rental and property management fees are $1,363 (HKD 10,588) and $438 (HKD 3,402) respectively per month. The lease for CDE's Hong Kong office expires August 31, 2013. The leases commitments of the Company (except for Portables which is disclosed separately below) as of September 30, 2012 are as follows:

 

Year      
2012   $ 269,570 
2013     462,301 
2014     155,341 
Total minimum lease payments   $ 887,212 

 

On July 7, 2005, a related party, AUM Realty, LLC ("AUM"), purchased real property consisting of a building and parking lot located in Nanuet, New York for $2,050,000 and simultaneously transferred title to, and entered into a lease agreement with, The Rockland County Industrial Development Agency, with a bargain purchase option upon expiration of the lease. A non-controlling member of Portables, entered into a sublease agreement with AUM for the same period as the lease agreement, expiring in July 2015, which requires minimum monthly rent payments and all operating expenses and PILOT payments (real estate taxes). In addition, AUM borrowed $1,628,000 from a bank secured by a first mortgage on the property. This loan is guaranteed by Portables non-controlling member.

 

Beginning January 1, 2009, Portables entered into a sublease agreement with its non-controlling member on a month-to-month basis for this property.

 

Portables leases two warehouses and 28 retail stores and kiosks. These leases require monthly payments and expire at various dates through 2015. The Company has operating agreements in place with all of the retail stores and kiosks whereby independent third parties (the "operators") operate the retail locations and provide specific services as outlined in the operating agreements. The leases for these locations remain in the name of the Company but are subleased by the operators of the locations. Rent expense is being recorded using the straight-line basis over the term of the leases in accordance with accounting principles generally accepted in the United States of America.

 

The future minimum annual rental commitments of Portables as of September 30, 2012 are as follows:

 

Year      
2012   $ 203,055 
2013     349,766 
2014     145,044 
2015     72,522 
Total minimum lease payments   $ 770,387 

 

Rent expense, net of sublease income for retail locations of $197,749, amounted to $1,004,847 of which $215,885 was paid to one of the Company's members under the sublease agreement for the period ended September 30, 2012.