Core Viewpoint - The company has not met the performance assessment indicators for the third unlocking period of its 2022 employee stock ownership plan, resulting in no shares being unlocked for this period [8][12][26]. Group 1: Employee Stock Ownership Plan Approval and Implementation - The employee stock ownership plan was approved by the company's board of directors on August 23, 2022, and subsequently by the shareholders on September 9, 2022 [6][27]. - The plan involves a total of 2,950,060 shares, which were transferred to the employee stock ownership plan at a price of 7.50 yuan per share, accounting for 0.51% of the company's total share capital [29]. Group 2: Locking Period and Performance Assessment - The locking period for the employee stock ownership plan is set for a maximum of 36 months, with shares being unlocked in three phases: 30% after 12 months, 35% after 24 months, and 35% after 36 months [9][30]. - The company’s performance assessment for the third unlocking period was based on company-level and individual-level indicators, which were not met, leading to 1,032,521 shares being locked and not unlocked [11][31]. Group 3: Consequences of Not Meeting Performance Indicators - Due to the failure to meet the performance indicators, the shares will be reclaimed by the management committee of the employee stock ownership plan and may be sold to return the investment amount to the holders [12][31]. - If any profits arise from the sale of the shares, those profits will belong to the company [12][31]. Group 4: Future Considerations - The employee stock ownership plan has a total duration of 48 months, and if not extended, it will terminate upon reaching the end of this period [33]. - The company will continue to monitor the implementation of the employee stock ownership plan and fulfill its disclosure obligations as required by law [35].
北京市天元律师事务所关于葵花药业集团股份有限公司2022年员工持股计划第三个解锁期业绩考核指标未达成情况的法律意见