Other Short-term Loans, Accrued Expenses and Other Payables

12 Months Ended

Sep. 30, 2014

Other Short-term Loans, Accrued Expenses and Other Payables [Text Block]

12. Other Short-term Loans, Accrued Expenses and Other Payables

(i) Other short-term loans as of September 30, 2013 and 2014 consisted of the following:

	Note		2013		2014
Advance from a related company – Tianjin New Energy	(a)	$	-	$	651,657
Advances from unrelated third parties	(b)
– Shenzhen Huo Huang Import & Export Co., Ltd.		$	24,160,595	$	-
– Gold State Securities Limited			2,450,540		-
– Shenzhen Wellgain Industrial Co., Ltd.			816,847		-
– Shenzhen De Dao Trading Co., Ltd. (former supplier of the Company)			816,847		-
– Mr Shengdan Qiu			-		4,354,697
–Others			37,493		545,763
			28,282,322		4,900,460
		$	28,282,322	$	5,552,117

(a)	The advance from Tianjin New Energy was unsecured, non-interest bearing and repayable on demand.
(b)	As of September 30, 2013 and 2014, the Company had advances from unrelated parties of $28,282,322 and $4,900,460, respectively, which were unsecured, non- interest bearing and repayable on demand except for:

- A loan from Shenzhen Huo Huang Import & Export Co., Ltd. which was interest bearing at 18% per annum;

- A loan from Gold State Securities Limited which was interest bearing at 2.31% per annum, secured by fixed deposits of the same amount plus interest placed with a bank (Note 3) and guaranteed by Mr. Xiangqian Li; and

- A loan of $3,267,387 (RMB20 million) from Shenzhen Wellgain Industrial Co., Ltd. which was interest bearing at 0.5% per month and repayable by July 9, 2013, guaranteed by Mr Xiangqian Li and Mr. Chunzhi Zhang. The Company repaid principal of $2,450,540 and default interest of $201,958 prior to September 30, 2013, and repaid the remaining balance of $816,847 on October 21, 2013.

During the years ended September 30, 2013 and 2014, interest expense of $480,416 and $11,452,109 (including loan interest of $8.3 million accruing on the loans from Mr. Wang as described in Note 1), respectively, was incurred on the Company’s other short-term loans.

(ii) Accrued expenses and other payables as of September 30, 2013 and 2014 consisted of the following:

	Note		2013		2014
Construction costs payable		$	5,894,919	$	10,935,000
Equipment purchase payable			5,359,816		536,239
Customer deposits			2,038,387		143,524
Other payables and accruals	(c)		5,400,459		1,746,389
Accrued loan interest			246,027		-
Accrued staff costs			3,869,318		65,978
Deferred revenue, current portion (Note 13)			346,509		-
		$	23,155,435	$	13,427,130

(c)

Other payables and accruals as of September 30, 2013 and 2014 included a payable for liquidated damages of approximately $1,210,000.

On August 15, 2006, the SEC declared effective a post-effective amendment that the Company had filed on August 4, 2006, terminating the effectiveness of a resale registration statement on Form SB-2 that had been filed pursuant to a registration rights agreement with certain shareholders to register the resale of shares held by those shareholders. The Company subsequently filed Form S-1 for these shareholders. On December 8, 2006, the Company filed its Annual Report on Form 10-K for the year ended September 30, 2006 (the “2006 Form 10-K”). After the filing of the 2006 Form 10-K, the Company’s previously filed registration statement on Form S-1 was no longer available for resale by the selling shareholders whose shares were included in such Form S-1. Under the registration rights agreement, those selling shareholders became eligible for liquidated damages from the Company relating to the above two events totaling approximately $1,051,000. As of September 30, 2013 and 2014, no liquidated damages relating to both events have been paid. On November 9, 2007, the Company completed a private placement for the gross proceeds to the Company of $13,650,000 by selling 3,500,000 shares of common stock at the price of $3.90 per share. Roth Capital Partners, LLC acted as the Company’s exclusive financial advisor and placement agent in connection with the private placement and received a cash fee of $819,000. The Company may have become liable for liquidated damages to certain shareholders whose shares were included in a resale registration statement on Form S-3 that the Company filed pursuant to a registration rights agreement that the Company entered into with such shareholders in November 2007. Under the registration rights agreement, among other things, if a registration statement filed pursuant thereto was not declared effective by the SEC by the 100th calendar day after the closing of the Company’s private placement on November 9, 2007, or the “Effectiveness Deadline”, then the Company would be liable to pay partial liquidated damages to each such investor of (a) 1.5% of the aggregate purchase price paid by such investor for the shares it purchased on the one month anniversary of the Effectiveness Deadline; (b) an additional 1.5% of the aggregate purchase price paid by such investor every thirtieth day thereafter (pro rated for periods totaling less than thirty days) until the earliest of the effectiveness of the registration statement, the ten-month anniversary of the Effectiveness Deadline and the time that the Company is no longer required to keep such resale registration statement effective because either such shareholders have sold all of their shares or such shareholders may sell their shares pursuant to Rule 144 without volume limitations; and (c) 0.5% of the aggregate purchase price paid by such investor for the shares it purchased in our November 2007 private placement on each of the following dates: the ten-month anniversary of the Effectiveness Deadline and every thirtieth day thereafter (prorated for periods totaling less than thirty days), until the earlier of the effectiveness of the registration statement and the time that the Company no longer is required to keep such resale registration statement effective because either such shareholders have sold all of their shares or such shareholders may sell their shares pursuant to Rule 144 without volume limitations. Such liquidated damages would bear interest at the rate of 1% per month (prorated for partial months) until paid in full.

On December 21, 2007, pursuant to the registration rights agreement, the Company filed a registration statement on Form S-3, which was declared effective by the SEC on May 7, 2008. As a result, the Company estimated liquidated damages amounting to $561,174 for the November 2007 registration rights agreement. As of September 30, 2013 and 2014, the Company had settled the liquidated damages with all the investors and the remaining provision of approximately $159,000 was included in other payables and accruals.