Richard Davies wrote: The UK has a good crop of technology pioneers in cloud computing - for example ElasticHosts, FlexiScale, Flexiant, OnApp - and also some strong government initiatives such as G-Cloud.
We will have to see whether this kind of technical leadership converts into swift mass-market adoption or not.
HARBIN, China and NEW YORK, May 27 /PRNewswire-Asia-FirstCall/ -- China
North East Petroleum Holdings Ltd. (the "Company" or "NEP") (NYSE Amex: NEP),
a leading independent oil producing and oilfield services company in Northern
China, today reported that On May 25, 2010, the Company received a written
notice from NYSE AMEX LLC ("AMEX") advising that the Company is not in
compliance with AMEX's continuing listing criteria set forth in Sections 134
and 1101 of the NYSE Amex LLC Company Guide (the "Company Guide").
Specifically, AMEX noted that the Company has not timely filed its annual
report on Form 10-K for the fiscal year ended December 31, 2009 and its
quarterly report on Form 10-Q for the quarter ended March 31, 2010 (together,
the "Reports"). In addition, AMEX stated that the Company's failure to file
its Reports is a material violation of its listing agreement. Pursuant to
1003(d) of the Company Guide, AMEX is authorized to suspend, and unless prompt
corrective action is taken, remove the Company's common stock from AMEX. AMEX
halted trading of the Company's common stock on the same day.
As the Company disclosed in its current report on From 8-K filed on April
16, 2010, AMEX required that the Company submit a plan of compliance by April
29, 2010 with the action the Company has taken, or will take, to file the 10-K
for 2009 and bring the Company into compliance with the listing standards no
later than July 14, 2010 (the "Plan"). As AMEX required, the Company submitted
its Plan on April 29, 2010, which the Corporate Compliance Department of AMEX
currently is evaluating. As stated in the current notice from AMEX, the
Company may supplement its Plan until June 8, 2010. The Company intends to
submit such supplement by June 8, 2010.
The Company also previously disclosed in a press release issued on April
16, 2010 and as an exhibit to its current report on From 8-K filed on April 16,
2010, that, in the process of the Company's 2009 year end audit review, the
Company identified potential internal control deficiencies over financial
reporting in connection with certain expenditures relating to business
development activities and the accounting treatment of certain of the
Company's accounts payables. In response, on April 15, 2010, the Board of
Directors directed and authorized the Audit Committee of the Board of
Directors (the "Audit Committee") to conduct a thorough review of the
situation and to determine what corrective action, if any, should be taken.
On April 19, 2010, the Audit Committee retained the services of John Lees
Associates Limited of Hong Kong ("JLA") to conduct a forensic audit of the
Company's bank accounts with respect to the expenditures relating to business
development activities in question. The forensic audit preliminarily found
that in 2009, cash transfers occurred between the bank accounts of the Company
and its subsidiaries and the personal bank accounts of Mr. Hongjun Wang, the
Company's chief executive officer, and Ms. Guizhi Ju, a Company director and
mother of Mr. Hongjun Wang. The forensic audit has confirmed that some of the
transferred funds were used to pay the Company's expenses. To date, there is
no indication that any of the funds were used for personal purposes. The
forensic audit is ongoing.
Immediately following the JLA preliminary report, on May 6, 2010, the
Board of Directors adopted a specific policy that none of its assets,
including cash, should be transferred or paid to any officer or director of
the Company or its subsidiaries for any purpose without the approval of the
Audit Committee other than (i) payment of transfers pursuant to service
agreements between the Company and its officers and directors duly authorized
and adopted by the Board of Directors or its committees; or (ii) reimbursement
of reasonable expenses not exceeding $10,000 in any given week.
After an update of the preliminary report by JLA, the Board called a
special meeting to discuss the situation on May 21 and 22, 2010. As a result
of these meetings, on May 23, 2010, the Board through unanimous written
consent took the following corporate actions:
(i) Accepted the resignation of its chief financial officer, Mr. Yang
Zhang, and appointed Mr. Andrew Kan from JLA to serve as interim
acting chief financial officer until a permanent chief financial
officer is duly appointed.
(ii) Accepted the resignation of Ms. Ju as a director of the Company.
(iii) Accepted the resignation of Mr. Hongjun Wang as the Chairman of the
Board but allowed him to continue as a director pending the outcome
of the current forensic audit.
(iv) Appointed the Company's independent director, Mr. Edward Rule, as
Chairman of the Board.
(v) Placed Mr. Hongjun Wang on administrative leave as chief executive
officer pending the outcome of the current forensic audit.
(vi) Appointed the Company's independent director, Mr. Jingfu Li, as the
interim acting chief executive officer.
(vii) Directed that all expenditures of the Company and its subsidiaries
over US$10,000 be approved in advance by the Chairman of the Audit
Committee.
The Company believes that these remedial measures will prevent further
failure of the Company's financial controls and procedures and preserve the
assets of the Company. As the forensic audit continues, the Company is
treating this serious matter with the utmost urgency. Upon further findings of
the forensic audit, the Company will continue to implement measures as the
situation demands.
About China North East Petroleum
China North East Petroleum Holdings Limited is an independent oil company
that engages in the production of crude oil in Northern China. The Company is
a pioneer in China's private oil exploration and production industry, and the
first Chinese non-state-owned oil company trading on the NYSE Amex.
The Company has a guaranteed arrangement with the PetroChina to sell its
produced crude oil for use in the China marketplace. The Company currently
operates four oilfields in Northern China. The Company also recently added an
oil service subsidiary through its acquisition of Song Yuan Tiancheng Drilling
Engineering Co. Ltd. ("Tiancheng"). For more information about the Company,
please visit http://www.cnepetroleum.com .
Statements in this press release, including but not limited to those
relating to the Company's or management's intentions, beliefs, expectations,
hopes, projections, assessment of risks, estimations, plans or predictions for
the future, including the impact of the restatement, timing of filings with
the SEC and other statements that are not historical facts are forward-looking
statements that are based on current expectations. Although the Company
believes that its expectations are based on reasonable assumptions, it can
give no assurance that these expectations will prove correct. Important
factors that could cause actual results to differ materially from those in the
forward-looking statements include delays and uncertainties that may be
encountered in connection with the restatement, final audits and reviews by
the Company and its auditors, and other risks described in the Company's
annual report on Form 10-K for the year ended December 31, 2008 and its other
filings with the SEC. Should one or more of these risks or uncertainties
materialize, or should underlying assumptions prove incorrect, actual outcomes
may vary materially from those indicated. Investors should not place undue
reliance on forward-looking statements. Each forward-looking statement speaks
only as of the date of the particular statement and the Company undertakes no
duty to update any forward-looking statement.
For more information, please contact:
United States:
Chao Jiang
Senior Vice President, Corporate Finance
Tel: +1-212-307-3568
Email: chao.jiang@cnepetroleum.com
Bill Zima
ICR, Inc.
Tel: +1-203-682-8200