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Message: Re: The News from SuperPhotonics
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POETMMc: "I sent an email to Kevin Barnes asking if he can offer clarity on the profit sharing agreement with SPX.

If he responds, I'll share any details with the forum. "

 

Regarding profit distribution:

 

"Profit distribution

The ultimate goal of investment is to obtain profits. The profit distribution method is thus of close interest to the parties of the JV.

Article 34 of PRC Company Law sets forth the general principle of profit distribution as to sharing profit in accordance with the ratio of paid-in capital contribution.

On the other hand, Article 34 also allows the shareholders to break through above general principle by mutual agreement. That is to say, the shareholders are entitled to set out a principle on profit distribution based on their free will, such as sharing profits in accordance to certain percentage other than subscribed capital, and such principle should be included in the JV agreement."

 

So, then it would seem that the original JV agreement harbors the answer as to how Profit Sharing is set forth in the question of the Sanan-POET JV.  

What does the original JV agreement set forth?  Is that document available for view or is that held in secret, much like NDAs?

Just asking.  The answer maybe obvious to others and if that is the case, then my apology is in order for asking.  Thanks.

Trying to peer through "the FOG"

Okiedo

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