On June 22, 2011, China-Biotics, Inc. (the “Company”) received a letter of resignation from BDO Limited (“BDO”) stating that it had resigned as the Company’s independent auditor, effective immediately. In its letter of resignation (the “Resignation Letter”), BDO informed the Company that its resignation is based on
(i) its determination that certain irregularities (identified in a letter dated June 10, 2011 from BDO to the Company (the “June 10 Letter”) and described more fully below) likely constitute illegal acts that could have a material effect on the financial statements of the Company for the purposes of Section 10A of the Securities Exchange Act of 1934, as amended; and
(ii) its conclusion that the Company’s Board of Directors and Audit Committee have not taken timely and appropriate remedial actions in respect of the alleged illegal acts.
The Resignation Letter further states that, as a result of such failure to take appropriate remedial actions, it is impossible for BDO to gather evidence to assess whether the Company’s accounting records have been falsified and whether there are other issues that could have a material effect on the financial statements of the Company.
The irregularities identified by BDO in the June 10 Letter consisted of the following:
SHANGHAI, June 23, 2011—China-Biotics, Inc. (“China-Biotics” or the “Company”) (NASDAQ: CHBT), a leading developer, manufacturer, and distributor of probiotics products in China, today announces that on June 20, 2011, the Company received a letter from the NASDAQ Listing Qualification staff (the “NASDAQ Letter”) asserting that, because the Company has not yet filed its Annual Report on Form 10-K for the fiscal year ended March 31, 2011, and based upon disclosures made by the Company in its recently filed Form 12b-25 and additional information provided to NASDAQ, the Company no longer complies with the NASDAQ Listing Rules for continued listing. In addition, the NASDAQ Letter requested that the Company provide to NASDAQ a formal “plan of compliance” setting forth the steps that the Company proposes to take to regain compliance for continued listing of the Company’s common stock on the NASDAQ, as well as certain other information relevant to NASDAQ’s evaluation of the plan of compliance. NASDAQ has established an expedited schedule for the Company to submit its plan of compliance and related information. The Company’s response is due no later than July 5, 2011. The Company will use its best efforts to submit a plan of compliance to NASDAQ, together with the other information requested, on or before July 5, 2011. There can be no assurance that the Company will be able to meet this deadline or that the Company’s plan of compliance and other related information will sufficiently satisfy NASDAQ to avoid delisting.
Third Quarter FY2011 Highlights
Mr. Jinan Song, China-Biotics' Chairman and CEO commented, "We are pleased to report a solid third quarter as our successful strategic shift from retail to bulk products continues to show positive results. As dairy producers introduce greater quantities and varieties of value-added products to the market, our core probiotic cultures are gaining greater acceptance due to reliable product safety, good technical service, and competitive pricing. Furthermore, additive probiotics for the animal feed market are also expanding due to tighter government regulations on the overuse of antibiotics."
"We are also seeing more yogurt producers embracing functional probiotic additives in their products as dairy consumers in major cities are looking for better nutritional benefits. Chinese consumers are increasingly using probiotics due to their rising health consciousness."
"Our successful transition from business-to-consumer model to business-to-business model enables us to increase operating leverage and lower overall operating expenses. With strong free cash-flow generation and a healthy sales growth record, we successfully redeemed our only interest-bearing convertible debt and substantially reduced total share counts as well as enhanced our long-term shareholders' value," Mr. Song added.
Outlook for the Fiscal Year 2011
For fiscal year 2011, management maintains the expectation for net sales to achieve at least 50% year-over-year growth. This target is based on the Company's current views on the operating and market conditions, which are subject to change.
Mr. Jinan Song, Chairman and CEO of China-Biotics, concluded, "Entering into the fiscal fourth quarter of 2011, we are making greater efforts to ramp up the production of bulk products to meet the rising demand from the domestic dairy and animal feed markets. With the ongoing holiday seasons, we also expect strong retail products sales for the quarter. We continue to expand the presence of our retail probiotic products into other key regions in China. We believe that, with the right distributors and sales channels, the market potential for our retail products is much larger in China. With our efforts and market prospects, we are confident to achieve our full year sales target."
January 24, 2011 10:01 AM EST
China-Biotics, Inc. announced the following preliminary results:
SHANGHAI, Dec. 17, 2010 /PRNewswire-Asia-FirstCall/ -- China-Biotics, Inc. today announced that it has expanded its distribution network into the Pan-Beijing area with the selection of four new distributors to sell the Company's retail products.
These local distributors will sell the Company's retail probiotics products through established distribution networks including malls, supermarkets and functional food stores adding approximately 30 new points of sale. These agreements represent the Company's first market entry into the pan-Beijing area.
Mr. Jinan Song, Chairman and CEO of China-Biotics, commented, "We are very excited about our new alliances with these distributors as they enable us to enter the highly desirable pan-Beijing area, which together with the Hebei and Shandong provinces and the municipalities of Beijing and Tianjin, command among the highest disposable income levels in China with rising nutritional food consumption. Although the signing of these distribution agreements signals the beginning of our expansion into this new geographic region, we have already started conducting studies on market potential for other regions within China."
"Rapidly growing sales of probiotics cultured yogurt products by dairy companies throughout China are paving the way for increased awareness of the benefit of probiotics. We are confident that our retail products will be well received by the health conscious middleclass consumers in this region. Our goal remains consistent: building a broader retail and bulk customer base with regular consumption and recurring revenues to maximize our long-term shareholder value," Mr. Song concluded.
Mr. Jinan Song, China-Biotics' Chairman and CEO, said, "We are encouraged by our consolidated bulk business despite an unusually hot summer with record temperatures in Shanghai. In response to the market dynamics and inflation trend, we have made the necessary adjustments to reduce the number of our retail outlets even with continuing growth in our retail product sales despite the seasonality factor. Our successful selling expense reduction attests to our ongoing efforts in cost control and efficiency improvement. As the first group of bulk customer base starts to stabilize, volumes are better distributed among these customers. We believe that these changes are strategically favorable to maintaining our profitability and building long-term shareholder value."
For fiscal year 2011, the management maintains the expectation that net sales will achieve at least 50% year-over-year growth. This target is based on the Company's current views on operating and market conditions, which are subject to change.
Mr. Jinan Song, Chairman and CEO of China-Biotics, said, "We remain confident with our full-year outlook. Entering into the third quarter of fiscal year 2011, we expect that our retail product sales will accelerate as the months from October through March typically generate high demand for nutritional product sales. With our new retail operation model mainly focusing on sales through large trusted distributors, we are now rapidly expanding the points of sales of our branded Shining products and also dramatically reducing selling expenses by closing retail outlets, as retail outlets are carrying substantially higher maintenance costs due to a nationwide increase in wages and higher commercial rent in major cities. Our transition to the bulk business will continue and accelerate in the second half of our fiscal year as well. As more diary companies benefit from the stability and vitality of our probiotics cultures, our bulk products are gaining traction with these diary companies' increased yogurt production. Our plan is to increase penetration into other diary producers. With the completion of our retail operation changes and expected utilization expansion in our bulk business, we look forward to a strong operating margin in the coming quarters."
After perusing the web, we have found that analysts have issued updates on CHBT. The company hosted a meeting for analysts, where the company seems to have unveiled various tax documents. Analysts claim that sales, derived from observing VAT payments, and net income numbers match 2008 and 2009 figures reported to the SEC.
GeoTeam® Note:
While this is certainly a step in the right direction we feel that shorts will attempt to down play this development. The documents were likely provided by CHBT and not obtained independently. They may claim that the documents are forged documents that maybe even the auditors had used, which is a bigger problem. Analysts have also lowered price targets and financial forecasts, due to issues related to the lack of traction from retail operations.
Aside from the SAIC issue, this could be a case in point of a company being too aggressive in its growth plans. Many ChinaHybrids have the attitude that they need to grow overnight, raise money, and dilute shareholder interests; as opposed to taking a methodical and controlled approach to expansion.
China-Biotics reported strong fiscal 2010 first quarter results this morning.
Net sales in the first quarter of fiscal year 2011 increased by 61.8% to $24.9 million from $15.4 million in the first quarter of fiscal year 2010. The increase was primarily due to increased sales volume in retail and bulk additive products, and bulk additive products accounted for 40% of total quarterly net sales. Bulk sales increased by 170% year-over-year and 46% quarter-over-quarter from the fourth quarter of fiscal year 2010.
Excluding the non-cash gains from the change in value of convertible bonds, non-GAAP net income was a quarterly record of $9.7 million, compared with $5.3 million in the first quarter of fiscal year 2010, a robust 83.5% year-over- year increase. Non-GAAP diluted EPS was $0.39, increased from $0.27 in the same quarter of fiscal year 2010, on a substantially greater number of shares outstanding.
"For fiscal year 2011, the management maintains the expectation that net sales to be at least 50% year-over-year growth. This target is based on the Company's current views on the operating and market conditions, which are subject to change. Mr. Jinan Song, Chairman and CEO of China-Biotics, concluded, "We remain bullish on the outlook of fiscal year 2011. We will continue to invest in R&D in probiotics studies and applications, strengthen our product portfolio. The Qingpu facility's strong utilization rate growth demonstrated not only the depth of the probiotics demand in China, but our competitiveness of our products in the marketplace as well. As Chinese government is stepping up on the food safety measures and Chinese consumers are increasing their healthcare expenditures, we expect that more and more dairy and animal feed companies will embrace and increase the use of our probiotics products."
One of the short-term road blocks that CHBT had faced was the possibility of weak EPS comparisons for its 2010 first and second quarters. With the first quarter results strong showing, beating analyst EPS expectations of $0.33, this roadblock becomes less of a concern. We will eagerly await analyst revisions of second quarter estimates, which currently stand at $0.34 vs. $0.31 for the comparable period
Added to the GeoBargain list on July 14, 2009 @ $9.70
Catalyst: Had a strong EPS outlook; Was exceeding analyst estimates; High anticipation of the benefits of a new facility to increase production capacity.Peak performance: Reached a high of $19.74 on March 25, 2010Current Price: $11.96Current road block: Short investors have attempted to discredit CHBT by illustrating inconsistencies in SEC filings compared to filings located in China; The next two quarters may pose challenges for short-term investors who hold CHBT shares as analyst estimates for the next two quarters call for non-GAAP EPS growth of less than 30%, due to dilution:
The good news for long-term investors is that EPS growth estimates for the back half of fiscal 2011 remain over 30%:
Short term and risk adverse investors should be aware of the quality issues currently present in the ChinaHybrid Space, questioning the validity of what seem like solid fundamental stories. It is beginning to get ugly so be cautious and understand that more pain may have to be endured, as ChinaHybrids are easy prey for short investors. The broad brush that is being applied to theses stocks appears unfair, but we can’t ignore the psychological impact this can have on investors’ portfolio decisions. If history is our guide, fear will eventually create an immense opportunity to invest in the companies that prove they can meet quality litmus tests enact shareholder friendly moves. Credibility can also be restored if independent legal/SEC opinions validate accounting practices currently in question.
CHBT is a story we want to be involved in. However, given that one of our philosophies has been to generally avoid companies that face controversies with regards to "ethics", we will sit on the sidelines until we gain additional clarity. We will monitor the company's enforcement of its decision to commence a share buy back program enacted to instill investor confidence. Please note, that a buy back program does not obligate a firm to purchase stock, which is why we typically view insider buying as a stronger measure of confidence during controversial times.
Liquidity seems intact:
"We had cash of $155.6 million and working capital of $145.3 million as of March 31, 2010, and cash of $70.8 million and working capital of $55.0 million as of March 31, 2009. Cash generated from operations was $28.2 million for the fiscal year ended March 31, 2010, and $23.1 million for the fiscal year ended March 31, 2009."
"Our business is not capital or labor intensive. Taking into account our current cash position and our anticipated cash flows from operations, we expect we will be able to meet all our funding needs in the next twelve months, including payments required to settle our contractual obligations and for our construction of our new plant.
Let’s hope CHBT does not blindside us with an offering as so many other management teams have. This seems unlikely given its recent initiation of its stock buy back program.
Our intent over the short-term is to build a check list to assess the perceived risk position of firms in the ChinaHybrid space. For the time being this will consist of the following: (this list is likely to grow substantially
-Is the company's auditor ranked in the top 100?-Is the auditor located in the U.S.A? If located in China the PCAOB (Public Company Oversight Board) may be denied access to investigate the practices of the auditing firm. Short sellers have been using this information as a tool to validate their opinions. -Are the company's internal controls satisfactory?-Are their any outstanding legal issues?-Do the company's top ten customers represent less than 10% of revenues? - Operating cash flow divided by current liabilities is greater than one. The higher the better.
- Cash divided by current liabilities. This is an the most conservative liquidity ratio. The higher the better
- Is the company buying back stock?
China-Biotics, Inc. announced that China-Biotics' Board of Directors approved a new share repurchase program of up to US$ 20 million of worth of its issued and outstanding common shares from time to time over the next 12 months. The repurchases will be made on the open market at prevailing market prices or in block trades and subject to restrictions relating to volume, price and timing. China-Biotics plans to fund repurchases from its available cash balance.
Mr. Jinan Song, Chairman and Chief Executive Officer of China-Biotics, commented, "Given our proven track records of business expansion and strong balance sheet, we believe that our stock is deeply undervalued. This share repurchase demonstrates our long-term commitment to sustainable growth and enhancing shareholder value. Recognizing our future growth opportunities in such a favorable macro environment for probiotics market, we think now is a great time for us to use our strong financial position to invest in China-Biotics."
The company also issued guidance which is a little less than analyst revenue estimate growth rate of 55% yoy:
"For fiscal year 2011, the management is expecting net sales to be at least 50% year-over-year growth. This target is based on the Company's current views on the operating and market conditions, which are subject to change."
Mr. Jinan Song, Chairman and CEO of China-Biotics, stated, "With our established state-of-the-art facility in Shanghai and our growing capacity utilization, we believe that we are well positioned to ride the wave of rising market demand and increasing government support for probiotics. We will continue to broaden our distribution network as well as diversify our retail portfolio through launching new products. We also look forward to winning more bulk customers as we have received encouraging feedback from potential customers during the initial trial period."
The next two quarters may pose challenges for short-term investors who hold CHBT shares as analyst estimates for the next two quarters call for EPS growth of less than 30% due to dilution:
We will keep CHBT coded as GeoBargain for long-term investors as EPS growth estimates for the back half of fiscal 2011 remain over 30%:
Until recently, probiotics producer China Biotics shares had been in a moderate uptrend, a reflection of strong sales EPS growth and allowing the company to consistently surpass analyst estimates. However, since the CFO announced his resignation on October 23, 2009, shares have retreated by 30%. I often track high level management departure situations in order to take advantage of fallen stock prices caused by investor trepidation and uncertainty. If I can determine that there were no material reasons for the departure and that the position will be filled expediently, I often surmise that the stock will recover its losses. On January 22, 2010 CHBT announced the hiring of a new CFO. As luck would have it the news has become lost amidst the markets retreat. With a P/E of less than 10 and its recent above average EPS performance, I am banking that investor appetite for CHBT shares will return.
This evening, my thoughts have been reinforced, as CHBT reported that its fiscal 2010 EPS rose 45.45% to $0.32 on a 47.47% increase in revenues to $15.8 million.
Source: Source: PR Newswire (February 10, 2010)
"Our robust fiscal third quarter revenue and earnings growth reflect the Company's continued expansion of our bulk and retail customer bases," said Mr. Jinan Song, Chairman and Chief Executive Officer of China-Biotics. "Commercial production at our Qingpu production plant is scheduled to begin by the end of February and we continue to expect to reach approximately 50% capacity utilization by the end of calendar year 2010. With rising demand from the dairy and animal feed manufacturers, and movement by the government to encourage the use of probiotics, China continues to be a very favorable environment to grow our bulk and retail probiotics business in 2010 and beyond."
The Company is reiterating its fiscal year 2010 revenue growth guidance of at least 50% and expects overall gross margin to remain approximately 70%.
"We look forward with anticipation to the remainder of fiscal 2010 and are excited about the traction we are gaining in our bulk additives business. Our new manufacturing facility is expected to begin commercial production in the first quarter of calendar year 2010, and our pipeline of potential new bulk additives customers continues to be strong," Mr. Song said. "As the new capacity comes online, we will be able to resume our Shining retail outlet expansion later in the fiscal year. We are already directing our attention to the second phase of the capacity expansion, which we expect to begin by December 31, 2009. Demand for our bulk additive products has been significant, which should result in revenue growth of at least 50% during the 2010 fiscal year."
Source: PR Newswire (November 17, 2009)
China-Biotics came through once again reporting improves third quarter financial results, exceeding analyst estimates by $0.10.
These results are encouraging and give us hope that the company will be able to work the potential dilution of a recent stock offering.
Valuation ScenariosAdded to GeoBargain List June 14, 2009. ($10.00).
Data Inputs:
Fiscal Year Ends in March2009 Tax-Adjusted EPS: $0.832010 Analyst Estimate: $1.30
Long-Term (12 Months Forward) Valuation Scenarios
The GeoTeam® participated in the China-Biotics (NASDAQ:CHBT) 2009 first quarter conference call.
Conference Call Highlights:
-6.8%
$0.83
$0.72
a Non-GAAP EPS Figures exclude certain non-operating gains and losses as well as certain non-cash items. Non-GAAP information should not be viewed in isolation or as a substitute for reported, or GAAP information . For a more complete explanation of the company's definition of non-GAAP please refer to its financial press releases. The GeoTeam® non-GAAP figures may, from time to time, differ from company supplied figures.
Recall comments from our previous note on July 14, 2009:
Further due diligence confirms the company meets 8 out of 10 GeoBargain criteria. However, the company does not meet the minimum 30% earnings per share (EPS) growth threshold.
Given that it beat analyst estimates, the GeoTeam® will need to access the company's outlook to determine if it can achieve 30% EPS growth, . We will also monitor any changes in analyst estimates. If it becomes apparent that 30% EPS growth is currently unachievable we will re-code the stock as a GeoSpecial based on its low tax adjusted PEG Ratio (~.55).
Today the company announced strong first quarter fiscal 2010 financial results. The company easily exceeded analyst estimates giving the GeoTeam® confidence that China-Biotics may be able to achieve a minimum of 30% earnings per share growth rate for the coming year. Before today, analyst estimates also echoed this sentiment indicating earnings per share growing of over 30% to $1.30.
See the GeoTeam® updated valuation scenarios.
'With the ramp-up of our new facility this year, we will be able to accept larger purchase orders from major dairy producers and animal feed manufacturers, which remain the most prominent sources of demand for bulk additives,' Mr. Song said. 'Same-store sales for Shining retail stores that have been in operation at least one year are expected to grow significantly year-over-year, and we hope to continue to expand the number of Shining retail outlets during the year. Although global economic growth remains suppressed, we believe there is pent-up demand for our bulk additive products, which should generate substantial growth in revenues and net income during the 2010 fiscal year.'
Source: PR Newswire (July 15, 2009)
The GeoTeam® listened the China-Biotics (NASDAQ:CHBT) 2009 fourth quarter conference call. On the whole, the company was very bullish regarding its future growth prospects. A good deal of the optimism surrounding the China-Biotics story is the anticipated impact from its new manufacturing facility which is expected to begin to make a meaningful contribution to revenue in the third quarter of fiscal year 2010.
Strategy Going Forward:
1. Launch the new manufacturing facility, which at full capacity is forecast to generate $110 million in revenues with gross margins of approximately 70%.
2. Sign new bulk additive customers in anticipation of increased production capacity. New customer agreements have increased 45% from 11 to 16. China-Biotics is currently in negotiations with 200 additional companies.
3. Develop new consumer probiotics products.
4. Increase the "Shining" brand presence in retail outlets.
Recall that GeoBargain's® generally require an earnings per share growth rate of at least 30%. Even though full year ending March 2010 non-GAAP EPS growth rate is forecast to be approximately 20%, we are still coding China-Biotics as a GeoBargain®. This is due to the fact that analyst estimates for the third and fourth quarters translate into an average EPS growth rate of 59%.
A potential caveat to the story is the company's recent S3 Filing allowing it to potentially raise up to $80 million. This could open the door for future earnings per share dilution, but that depends on how the funds are used.
China-Biotics year end press release is now available. In the The GeoTeam's® previous note we mentioned that it appeared that fourth quarter earnings per share growth was negative. However, the press release has shed further light on the situation and highlights that fourth quarter earnings per share, on a non-GAAP basis, was actually up 22.2% to $0.32.
Company comments also are encouraging:
"With the ramp-up of our new facility this year, we will be able to accept larger purchase orders from major dairy producers and animal feed manufacturers, which remain the most prominent sources of demand for bulk additives," Mr. Song said. "Same-store sales for Shining retail stores that have been in operation at least one year are expected to grow significantly year-over-year, and we hope to continue to expand the number of Shining retail outlets during the year. Although global economic growth remains suppressed, we believe there is pent-up demand for our bulk additive products, which should generate substantial growth in revenues and net income during the 2010 fiscal year.
The GeoTeam® will participate in the China-Biotics conference call this morning at 10:00 am EST. The The GeoTeam® is still awaiting revisions to 2010 analyst estimates. We will provide details if warranted.
China-Biotics ($10.00) is currently coded a as a GeoBargain on the Radar stock. The company just filed its 2009 10K which at first glance shows non-GAAP earnings per share coming in at $1.00. Analyst estimates were $0.83 No press release has been issued yet. However, due to the company's apparent strong 2009 financial results, we are taking a chance and now coding the stock as a GeoBargain. More details will be provided upon further due diligence.
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($10.55) Further due diligence confirms the company meets 8 out of 10 Geobargain criteria. However, the company does not meet the minimum 30% earnings per share (EPS) growth threshold.
Given that it beat analyst estimates, the GeoTeam® will need to access the company's outlook to determine if it can achieve 30% eps growth, . We will also monitor any changes in analyst estimates. If it becomes apparent that 30% eps growth is currently unachievable we will re-code the stock as a GeoSpecial based on its low tax adjusted PEG Ratio (~.55).
CHBT remains confident that the company can maintain its positive growth trend for the coming year, despite a weakening global scenario.
Source: Third Quarter 2009 Conference Call ( February 17, 2009)
CHBT may qualify as a GeoBargain. The GeoTeam will keep you posted on our findings.
The GeoTeam holds a position in CHBT
Nutrceutical
chn-biotics.com