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COMMITMENTS AND CONTINGENCIES
9 Months Ended
Jul. 31, 2012
Commitments and Contingencies Disclosure [Abstract]  
Commitments and Contingencies Disclosure [Text Block]

NOTE 21 - COMMITMENTS AND CONTINGENCIES

 

The Company has various purchase commitments for materials, supplies and services incident to the ordinary conduct of business, generally for quantities required for the Company’s business and at prevailing market prices. No material annual loss is expected from these commitments and there are no minimum purchase commitments.

 

The Company and its subsidiaries are self-insured, and they do not carry any property insurance, general liability insurance, or any other insurance that covers the risks of their business operations. As a result any material loss or damage to its properties or other assets, or personal injuries arising from its business operations would have a material adverse effect on the Company’s financial condition and operations.

 

The Company is not involved in any legal matters arising in the normal course of business. While incapable of estimation, in the opinion of the management, the individual regulatory and legal matters in which it might involve in the future are not expected to have a material adverse effect on the Company’s financial position, results of operations, or cash flows.

 

(1)  Operating lease arrangements

 

We currently have no operating lease agreement with any company.

 

(2)  Capital commitments

 

On October 12, 2009, we entered into a purchase agreement with Harbin Renhuang Pharmaceutical Stock Co. Ltd (“Renhuang Stock”) to acquire the land use right, property and plant located at our Ah City Natural and Biopharmaceutical plant for a total consideration of $25,293,644. Pursuant to the purchase agreement, a payment of $15,808,527 was made to Renhuang Stock in October 2009 and a payment of $7,904,264 was made to Renhuang Stock in January 2011, with a final payment of $1,580,853 will be paid once we received all the related title transfer documents from local government, at which time title for the assets will be transferred. According to the agreement, we were exempted from lease payments for the underlying assets starting from May 1, 2010. 

 

Name of Fixed Asset   Purchase Date   Prepaid Amount     Remaining Amount     Total Amount  
Ah City Pharmaceutical Plant   October 2009   $ 23,712,791     $ 1,580,853     $ 25,293,644  

 

In January 2011, CBP China started its Ah City Phase Two project for Siberian Ginseng products development and industrialization and entered into a Construction and Engineering Design Contract (the “Contract”) with Heilongjiang Medical Architecture Design Institute (the “Institute”) for architectural design. A few payments have been made to Institute and relevant local government departments for design and start up fees and we recorded $1,952,353 as Construction-in-progress for Ah City Phase Two project. The estimated total investment for Ah City Phase Two is $18,970,232. The project is anticipated to be finished in the year of 2013.

 

 

Name of Construction-in-Progress   Start Date     Paid Amount     Remaining Amount     Projected Total
Amount
 
Ah City Phase Two (Siberian Ginseng Product Industrialization)     January 2011     $ 1,952,353     $ 17,017,879     $ 18,970,232  

 

On January 11, 2011, CBP China entered into an Exclusive Licensing Agreement for Harbin Renhuang Pharmaceutical Co., Ltd. to Use Forest Resources under Yichun Red Star Forestry Bureau (the “Agreement”) with Yichun Red Star Forestry Bureau of Heilongjiang Province (the “Forestry Bureau”) which provides us with 30 years exclusive license right to use approximately 6,667 hectares of undergrowth resources including approximately 67 hectares of Siberian Ginseng GAP cultivation base in Heilongjiang Province. Pursuant to the Agreement, a payment of $7,904,264 was made to Forestry Bureau in January 2011, second payment of $6,323,411 was made in October 2011 and the final amount of $1,580,853 will be paid by receiving all the required material from local government authorities. Siberian Ginseng is a plant with medically-established anti-depressant and mood regulation qualities and is also an active ingredient in our market-leading line of all-natural anti-depressant medications. We will be responsible for continued maintenance and protection of wild resources to make this area a professional Siberian Ginseng base.

 

As of July 31, 2012, the Company has the following intangible assets which need our future capital commitments:

 

Name of Intangible Assets   Purchase Date   Paid Amount     Remaining Amount     Total Amount  
Patent of Ingredients and preparation for Parkinson Drug   August 2011   $ 1,359,533     $ 1,359,533     $ 2,719,066  
Patent of Ingredients and preparation for XiangDousu   August 2011     1,343,725       1,343,725       2,687,450  
Patent of Mudouye Extract   September 2011     1,897,023       1,897,023       3,794,046  
Patent of Hongdoushan Extract   September 2011     2,387,088       2,387,088       4,774,176  
Patent of Ingredients and preparation for Jizhi Pills   October 2011     2,134,151       2,134,151       4,268,302  
Yichun Undergrowth Resource Exclusive Using right   January 2011     14,227,675       1,580,853       15,808,528  
Total     $ 23,349,195     $ 10,702,373     34,051,568   

 

On January 24, 2012, the Company entered into an advertising contract with Harbin Weishi Advertising Company to advertise its products from February 1, 2012 to January 31, 2013 as shown on the following table.

 

Advertising Contract   Contract Date   Paid Amount     Remaining Amount     Total Amount  
      US$       US$        US$    
Harbin TV Weishi Advertising Company   January 2012     3,604,344       3,604,344       7,208,688  

 

As of July 31, 2012, the Company has capital commitments for purchase of Ah City Nature and Pharmaceutical Plant, undergrowth resources right, product patents, advertising contract and Ah City Phase Two construction-in-progress of approximately $32,905,449. The amounts to be paid in the future years are as follows:

 

Year     Payment for properties  
2012   $ 14,085,398  
2013     18,820,051  
Total   $ 32,905,449