Hainan announcement part 25 Nov 2024 10:55
In October 2023, KOD completed the major asset restructuring according to the above transaction plan, including the transfer of its 100% equity in FM to KMUK, making FM a wholly-owned subsidiary of KMUK; at the same time, it completed the establishment of a wholly-owned subsidiary LMLB and planned to transfer the mining rights of the Buguni lithium mine from FM to LMLB. However, since the Malian government has issued a request for comments on the proposed new "Mining Law" since August 2023, the transfer of mining rights has been suspended. To this end, Xinmao Investment signed a supplementary agreement with KOD and KMUK on the exemption of the aforementioned transfer of mining rights as a condition of delivery. For details of the above matters, please refer to the company's announcement No. 2023-092 disclosed on October 28, 2023. In July 2024, the Malian government finally determined the implementation decree of the new "Mining Law". In order to comply with the Malian government's requirements for the implementation of the new Mining Law, complete the transfer of mining rights as soon as possible, and ensure the smooth progress of the Buguni Lithium Mine Project, KMUK, FM and LMLB recently reached a consensus with the Malian government on relevant matters and signed a "Memorandum of Understanding".
2. Main contents of the "Memorandum of Understanding"
1. It is clear that the Buguni Lithium Mine Project will be uniformly included in the jurisdiction of Mali's new "Mining Law";
2. The Malian government promises to agree to transfer the mining rights of the Buguni Lithium Mine Project from FM to LMLB, with an initial validity period of 10 years. When it expires, the government promises to renew the license according to the mining law conditions valid on the date of renewal;
3. The Malian government agrees to issue the construction, development and export licenses required for the Buguni Lithium Mine Project during the construction period of the Buguni Lithium Mine Project, and exempts the import of equipment and materials required for the construction and operation of the project from tariffs;
4. The Malian government and government investors can obtain 35% of LMLB's equity, and it is a preferred stock. 10% of the shares are obtained by the government for free, and 25% of the shares are purchased by the Malian government and government investors at a price of approximately US$4.3 million; 5. In accordance with the requirements of local laws and policies in Mali, KMUK and FM will pay a total of US$15 million in taxes to the government, which will be paid in equal amounts within 5 days after the signing of the Memorandum of Understanding and before March 31, 2025. Note: According to the capital increase agreement signed by Xinmao Investment, KOD and KMUK, the relevant taxes generated by the transaction shall be borne by KOD. Therefore, KMUK reserves the right to claim the above US$15 million in taxes from KOD.