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If you don’t do this before acquiring the mineral rights, you will regret it (list attached)
Home page >> Business areas >> mineral resources
Article author：Yingting Lawyers Group | Update time：1970-01-01 | Reading times：130
Preface "What is the most important thing in mineral rights acquisition?" "Price? Type of mineral? Reserves?" None of them are right!Most importantly – do your due diligence!When many mining companies acquire mineral rights, they are most concerned about price and reserves, but they ignore the most critical link - due diligence. It was only after the acquisition was completed that various problems were discovered, and it was too late. Today, Lawyer Ying Ting will talk about due diligence before mining rights acquisition.A contrasting case
Case 1: The cost of not paying attention to due diligence A mining company acquired the mining rights of a gold mine for 80 million yuan. Before the acquisition, the seller vowed that there would be no problems. After the acquisition, I discovered:
•
The mining rights were mortgaged to the bank with a debt of 40 million yuan.•
Over the years, arrears of transfer income of 8 million yuan•
There is cross-border mining and administrative penalties are faced.Additional expenditure: 48 million yuan!Case 2: Paying Attention to the Benefits of Due Diligence Another company acquired another gold mine in the same area for the same amount of 80 million yuan. Before the acquisition, a professional team was hired to conduct comprehensive due diligence:
•
Discover the issue of mining rights mortgage → Adjust the transaction structure and let the seller release the mortgage before delivery•
Discover historical arrears issues → Deduct them from the transaction price•
Discover the risk of cross-border mining → Require the seller to undertake historical responsibilities and set default clausesThe final delivery was successful with no additional expenses!Ten key points of due diligence
The first point: Verification of mining rights certificatesNeed to check:•
Is the prospecting license/mining license true and valid?•
Is the license period within the validity period?•
Whether the type and scope of minerals stated in the certificate are consistent with the actual situation•
Are the procedures for extension and change over the years complete?Common risks:•
The certificate is forged or expired•
The mineral type and scope are inconsistent with the contract stipulations•
Missing extension proceduresSecond key point: Verification of ownership burdensNeed to check:•
Whether there is mortgage registration•
Whether there is seizure or freezing•
Whether there is leasing or contracting•
Are there any other rights restrictions?Common risks:•
Mining rights are mortgaged and need to bear secured debt after acquisition•
Mining rights have been sealed and normal operations cannot be carried out•
There is a situation of "one mine sells many"The third point: historical payment verificationNeed to check:•
Payment status of mining rights transfer income•
Payment status of exploration rights/mining rights royalties•
Resource tax payment status•
Performance of other statutory payment obligationsCommon risks:•
There are historical arrears, which need to be borne after the acquisition.•
Being charged late fees and fines•
The license cannot be renewed normallyThe fourth key point: Verification of resource reservesNeed to check:•
Whether the resource reserve report has been reviewed and filed•
Authenticity and accuracy of reported data•
Does the reserve level meet the requirements?•
Is there any risk of negative changes in reserves?Common risks:•
Reserve reports are false or exaggerated•
Actual reserves are much lower than reported data•
Reserves have been depleted or grades have declinedFifth Point: Compliance Operation VerificationNeed to check:•
Environmental impact assessment approval and acceptance status•
Safety production license status•
Land use procedures•
Forest land use proceduresCommon risks:•
The environmental impact assessment has not been approved or accepted•
Safety production conditions are not up to standard•
Insufficient procedures for land and forest useSixth point: Verification of mining area scopeNeed to check:•
Does the scope of the mining area involve ecological protection red lines?•
Does it involve basic farmland?•
Whether it involves a nature reserve•
Whether there are overlapping mineral rightsCommon risks:•
The mining area has been classified as an ecological red line and faces exit•
Occupies basic farmland and cannot be mined•
Overlap with other mining rights, causing disputesSeventh Point: Safety and Environmental Protection VerificationNeed to check:•
Historical safety accidents•
Administrative penalty records•
Damage to the ecological environment•
Fulfillment of ecological restoration obligationsCommon risks:•
There are unresolved safety incident liabilities•
Facing environmental penalties•
Need to bear huge ecological restoration costsEighth Point: Contract Debt VerificationNeed to check:•
All contracts signed by the target company•
debt situation•
Guarantee situation•
Pending litigation, arbitrationCommon risks:•
Hidden debt exists•
There are unfavorable terms in the contract•
There are undisclosed guaranteesPoint 9: Labor and Employment VerificationNeed to check:•
Number and composition of employees•
Social security payment status•
Signing of labor contract•
historical labor disputesCommon risks:•
There is a large amount of unpaid wages•
Social security arrears•
There is an unresolved labor disputePoint 10: Verification of actual controllerNeed to check:•
Shareholder situation•
Equity structure•
Related companies•
Actual controller backgroundCommon risks:•
Equity holding•
There are related transaction risks•
The actual controller has a bad recordDue Diligence Checklist (Collector's Edition)
Basic license documents | Serial number | File name | Verification points | |-----|---------|---------| | 1 | Mining right certificate | Authenticity, validity period, scope | | 2 | Business license | Authenticity, business scope | | 3 | Transfer contract | Rights and obligations, payment agreement |
Ownership burden status | Serial number | File name | Verification points | |-----|---------|---------| | 5 | Real estate registration inquiry | Mortgage and seizure status | | 6 | Contract agreement | Leasing and contracting status | | 7 | Related company status | Related transaction review |
Payment Status | Serial Number | File Name | Verification Points | |-----|---------|---------| | 8 | Payment Voucher | Transfer Income, Use Fees | | 9 | Tax Certificate | Resource Tax Payment Status | | 10 | Arrears Query | Historical Arrears |
Compliance management documents | Serial number | File name | Verification points | |-----|---------|---------| | 11 | Environmental impact assessment approval | Is it valid and accepted | | 12 | Safety production license | Validity, conditions meet standards | | 13 | Land use documents | Legality, scope |
Mining area scope | Serial number | File name | Verification points | |-----|---------|---------| | 15 | Planning map | Ecological red line, basic farmland |
Suggestions from Yingting Lawyer The mining lawyer team of Beijing Yingting Law Firm reminds:Due diligence before acquiring mineral rights is the last line of defense to protect yourself!Suggestions:1.Be sure to do due diligence——Regardless of the transaction amount 2.Hire a professional team——Lawyers, accountants, technical experts 3.The investigation must be comprehensive——Don’t just look at the surface, but conduct in-depth verification 4.Pay attention to the findings——When risks are discovered, the trading plan must be adjusted in a timely manner 5.Set protection terms——Set representations, warranties and breach of contract clauses based on due diligence resultsLeave professional matters to professionals!--- *Warm reminder: This content is for reference only and does not constitute legal advice. Please consult a professional attorney for specific questions. *
•
Is the prospecting license/mining license true and valid?•
Is the license period within the validity period?•
Whether the type and scope of minerals stated in the certificate are consistent with the actual situation•
Are the procedures for extension and change over the years complete?Common risks:•
The certificate is forged or expired•
The mineral type and scope are inconsistent with the contract stipulations•
Missing extension proceduresSecond key point: Verification of ownership burdensNeed to check:•
Whether there is mortgage registration•
Whether there is seizure or freezing•
Whether there is leasing or contracting•
Are there any other rights restrictions?Common risks:•
Mining rights are mortgaged and need to bear secured debt after acquisition•
Mining rights have been sealed and normal operations cannot be carried out•
There is a situation of "one mine sells many"The third point: historical payment verificationNeed to check:•
Payment status of mining rights transfer income•
Payment status of exploration rights/mining rights royalties•
Resource tax payment status•
Performance of other statutory payment obligationsCommon risks:•
There are historical arrears, which need to be borne after the acquisition.•
Being charged late fees and fines•
The license cannot be renewed normallyThe fourth key point: Verification of resource reservesNeed to check:•
Whether the resource reserve report has been reviewed and filed•
Authenticity and accuracy of reported data•
Does the reserve level meet the requirements?•
Is there any risk of negative changes in reserves?Common risks:•
Reserve reports are false or exaggerated•
Actual reserves are much lower than reported data•
Reserves have been depleted or grades have declinedFifth Point: Compliance Operation VerificationNeed to check:•
Environmental impact assessment approval and acceptance status•
Safety production license status•
Land use procedures•
Forest land use proceduresCommon risks:•
The environmental impact assessment has not been approved or accepted•
Safety production conditions are not up to standard•
Insufficient procedures for land and forest useSixth point: Verification of mining area scopeNeed to check:•
Does the scope of the mining area involve ecological protection red lines?•
Does it involve basic farmland?•
Whether it involves a nature reserve•
Whether there are overlapping mineral rightsCommon risks:•
The mining area has been classified as an ecological red line and faces exit•
Occupies basic farmland and cannot be mined•
Overlap with other mining rights, causing disputesSeventh Point: Safety and Environmental Protection VerificationNeed to check:•
Historical safety accidents•
Administrative penalty records•
Damage to the ecological environment•
Fulfillment of ecological restoration obligationsCommon risks:•
There are unresolved safety incident liabilities•
Facing environmental penalties•
Need to bear huge ecological restoration costsEighth Point: Contract Debt VerificationNeed to check:•
All contracts signed by the target company•
debt situation•
Guarantee situation•
Pending litigation, arbitrationCommon risks:•
Hidden debt exists•
There are unfavorable terms in the contract•
There are undisclosed guaranteesPoint 9: Labor and Employment VerificationNeed to check:•
Number and composition of employees•
Social security payment status•
Signing of labor contract•
historical labor disputesCommon risks:•
There is a large amount of unpaid wages•
Social security arrears•
There is an unresolved labor disputePoint 10: Verification of actual controllerNeed to check:•
Shareholder situation•
Equity structure•
Related companies•
Actual controller backgroundCommon risks:•
Equity holding•
There are related transaction risks•
The actual controller has a bad recordDue Diligence Checklist (Collector's Edition)
Basic license documents | Serial number | File name | Verification points | |-----|---------|---------| | 1 | Mining right certificate | Authenticity, validity period, scope | | 2 | Business license | Authenticity, business scope | | 3 | Transfer contract | Rights and obligations, payment agreement |
Ownership burden status | Serial number | File name | Verification points | |-----|---------|---------| | 5 | Real estate registration inquiry | Mortgage and seizure status | | 6 | Contract agreement | Leasing and contracting status | | 7 | Related company status | Related transaction review |
Payment Status | Serial Number | File Name | Verification Points | |-----|---------|---------| | 8 | Payment Voucher | Transfer Income, Use Fees | | 9 | Tax Certificate | Resource Tax Payment Status | | 10 | Arrears Query | Historical Arrears |
Compliance management documents | Serial number | File name | Verification points | |-----|---------|---------| | 11 | Environmental impact assessment approval | Is it valid and accepted | | 12 | Safety production license | Validity, conditions meet standards | | 13 | Land use documents | Legality, scope |
Mining area scope | Serial number | File name | Verification points | |-----|---------|---------| | 15 | Planning map | Ecological red line, basic farmland |
Suggestions from Yingting Lawyer The mining lawyer team of Beijing Yingting Law Firm reminds:Due diligence before acquiring mineral rights is the last line of defense to protect yourself!Suggestions:1.Be sure to do due diligence——Regardless of the transaction amount 2.Hire a professional team——Lawyers, accountants, technical experts 3.The investigation must be comprehensive——Don’t just look at the surface, but conduct in-depth verification 4.Pay attention to the findings——When risks are discovered, the trading plan must be adjusted in a timely manner 5.Set protection terms——Set representations, warranties and breach of contract clauses based on due diligence resultsLeave professional matters to professionals!--- *Warm reminder: This content is for reference only and does not constitute legal advice. Please consult a professional attorney for specific questions. *
•
Payment status of mining rights transfer income•
Payment status of exploration rights/mining rights royalties•
Resource tax payment status•
Performance of other statutory payment obligationsCommon risks:•
There are historical arrears, which need to be borne after the acquisition.•
Being charged late fees and fines•
The license cannot be renewed normallyThe fourth key point: Verification of resource reservesNeed to check:•
Whether the resource reserve report has been reviewed and filed•
Authenticity and accuracy of reported data•
Does the reserve level meet the requirements?•
Is there any risk of negative changes in reserves?Common risks:•
Reserve reports are false or exaggerated•
Actual reserves are much lower than reported data•
Reserves have been depleted or grades have declinedFifth Point: Compliance Operation VerificationNeed to check:•
Environmental impact assessment approval and acceptance status•
Safety production license status•
Land use procedures•
Forest land use proceduresCommon risks:•
The environmental impact assessment has not been approved or accepted•
Safety production conditions are not up to standard•
Insufficient procedures for land and forest useSixth point: Verification of mining area scopeNeed to check:•
Does the scope of the mining area involve ecological protection red lines?•
Does it involve basic farmland?•
Whether it involves a nature reserve•
Whether there are overlapping mineral rightsCommon risks:•
The mining area has been classified as an ecological red line and faces exit•
Occupies basic farmland and cannot be mined•
Overlap with other mining rights, causing disputesSeventh Point: Safety and Environmental Protection VerificationNeed to check:•
Historical safety accidents•
Administrative penalty records•
Damage to the ecological environment•
Fulfillment of ecological restoration obligationsCommon risks:•
There are unresolved safety incident liabilities•
Facing environmental penalties•
Need to bear huge ecological restoration costsEighth Point: Contract Debt VerificationNeed to check:•
All contracts signed by the target company•
debt situation•
Guarantee situation•
Pending litigation, arbitrationCommon risks:•
Hidden debt exists•
There are unfavorable terms in the contract•
There are undisclosed guaranteesPoint 9: Labor and Employment VerificationNeed to check:•
Number and composition of employees•
Social security payment status•
Signing of labor contract•
historical labor disputesCommon risks:•
There is a large amount of unpaid wages•
Social security arrears•
There is an unresolved labor disputePoint 10: Verification of actual controllerNeed to check:•
Shareholder situation•
Equity structure•
Related companies•
Actual controller backgroundCommon risks:•
Equity holding•
There are related transaction risks•
The actual controller has a bad recordDue Diligence Checklist (Collector's Edition)
Basic license documents | Serial number | File name | Verification points | |-----|---------|---------| | 1 | Mining right certificate | Authenticity, validity period, scope | | 2 | Business license | Authenticity, business scope | | 3 | Transfer contract | Rights and obligations, payment agreement |
Ownership burden status | Serial number | File name | Verification points | |-----|---------|---------| | 5 | Real estate registration inquiry | Mortgage and seizure status | | 6 | Contract agreement | Leasing and contracting status | | 7 | Related company status | Related transaction review |
Payment Status | Serial Number | File Name | Verification Points | |-----|---------|---------| | 8 | Payment Voucher | Transfer Income, Use Fees | | 9 | Tax Certificate | Resource Tax Payment Status | | 10 | Arrears Query | Historical Arrears |
Compliance management documents | Serial number | File name | Verification points | |-----|---------|---------| | 11 | Environmental impact assessment approval | Is it valid and accepted | | 12 | Safety production license | Validity, conditions meet standards | | 13 | Land use documents | Legality, scope |
Mining area scope | Serial number | File name | Verification points | |-----|---------|---------| | 15 | Planning map | Ecological red line, basic farmland |
Suggestions from Yingting Lawyer The mining lawyer team of Beijing Yingting Law Firm reminds:Due diligence before acquiring mineral rights is the last line of defense to protect yourself!Suggestions:1.Be sure to do due diligence——Regardless of the transaction amount 2.Hire a professional team——Lawyers, accountants, technical experts 3.The investigation must be comprehensive——Don’t just look at the surface, but conduct in-depth verification 4.Pay attention to the findings——When risks are discovered, the trading plan must be adjusted in a timely manner 5.Set protection terms——Set representations, warranties and breach of contract clauses based on due diligence resultsLeave professional matters to professionals!--- *Warm reminder: This content is for reference only and does not constitute legal advice. Please consult a professional attorney for specific questions. *
•
Environmental impact assessment approval and acceptance status•
Safety production license status•
Land use procedures•
Forest land use proceduresCommon risks:•
The environmental impact assessment has not been approved or accepted•
Safety production conditions are not up to standard•
Insufficient procedures for land and forest useSixth point: Verification of mining area scopeNeed to check:•
Does the scope of the mining area involve ecological protection red lines?•
Does it involve basic farmland?•
Whether it involves a nature reserve•
Whether there are overlapping mineral rightsCommon risks:•
The mining area has been classified as an ecological red line and faces exit•
Occupies basic farmland and cannot be mined•
Overlap with other mining rights, causing disputesSeventh Point: Safety and Environmental Protection VerificationNeed to check:•
Historical safety accidents•
Administrative penalty records•
Damage to the ecological environment•
Fulfillment of ecological restoration obligationsCommon risks:•
There are unresolved safety incident liabilities•
Facing environmental penalties•
Need to bear huge ecological restoration costsEighth Point: Contract Debt VerificationNeed to check:•
All contracts signed by the target company•
debt situation•
Guarantee situation•
Pending litigation, arbitrationCommon risks:•
Hidden debt exists•
There are unfavorable terms in the contract•
There are undisclosed guaranteesPoint 9: Labor and Employment VerificationNeed to check:•
Number and composition of employees•
Social security payment status•
Signing of labor contract•
historical labor disputesCommon risks:•
There is a large amount of unpaid wages•
Social security arrears•
There is an unresolved labor disputePoint 10: Verification of actual controllerNeed to check:•
Shareholder situation•
Equity structure•
Related companies•
Actual controller backgroundCommon risks:•
Equity holding•
There are related transaction risks•
The actual controller has a bad recordDue Diligence Checklist (Collector's Edition)
Basic license documents | Serial number | File name | Verification points | |-----|---------|---------| | 1 | Mining right certificate | Authenticity, validity period, scope | | 2 | Business license | Authenticity, business scope | | 3 | Transfer contract | Rights and obligations, payment agreement |
Ownership burden status | Serial number | File name | Verification points | |-----|---------|---------| | 5 | Real estate registration inquiry | Mortgage and seizure status | | 6 | Contract agreement | Leasing and contracting status | | 7 | Related company status | Related transaction review |
Payment Status | Serial Number | File Name | Verification Points | |-----|---------|---------| | 8 | Payment Voucher | Transfer Income, Use Fees | | 9 | Tax Certificate | Resource Tax Payment Status | | 10 | Arrears Query | Historical Arrears |
Compliance management documents | Serial number | File name | Verification points | |-----|---------|---------| | 11 | Environmental impact assessment approval | Is it valid and accepted | | 12 | Safety production license | Validity, conditions meet standards | | 13 | Land use documents | Legality, scope |
Mining area scope | Serial number | File name | Verification points | |-----|---------|---------| | 15 | Planning map | Ecological red line, basic farmland |
Suggestions from Yingting Lawyer The mining lawyer team of Beijing Yingting Law Firm reminds:Due diligence before acquiring mineral rights is the last line of defense to protect yourself!Suggestions:1.Be sure to do due diligence——Regardless of the transaction amount 2.Hire a professional team——Lawyers, accountants, technical experts 3.The investigation must be comprehensive——Don’t just look at the surface, but conduct in-depth verification 4.Pay attention to the findings——When risks are discovered, the trading plan must be adjusted in a timely manner 5.Set protection terms——Set representations, warranties and breach of contract clauses based on due diligence resultsLeave professional matters to professionals!--- *Warm reminder: This content is for reference only and does not constitute legal advice. Please consult a professional attorney for specific questions. *
•
Historical safety accidents•
Administrative penalty records•
Damage to the ecological environment•
Fulfillment of ecological restoration obligationsCommon risks:•
There are unresolved safety incident liabilities•
Facing environmental penalties•
Need to bear huge ecological restoration costsEighth Point: Contract Debt VerificationNeed to check:•
All contracts signed by the target company•
debt situation•
Guarantee situation•
Pending litigation, arbitrationCommon risks:•
Hidden debt exists•
There are unfavorable terms in the contract•
There are undisclosed guaranteesPoint 9: Labor and Employment VerificationNeed to check:•
Number and composition of employees•
Social security payment status•
Signing of labor contract•
historical labor disputesCommon risks:•
There is a large amount of unpaid wages•
Social security arrears•
There is an unresolved labor disputePoint 10: Verification of actual controllerNeed to check:•
Shareholder situation•
Equity structure•
Related companies•
Actual controller backgroundCommon risks:•
Equity holding•
There are related transaction risks•
The actual controller has a bad recordDue Diligence Checklist (Collector's Edition)
Basic license documents | Serial number | File name | Verification points | |-----|---------|---------| | 1 | Mining right certificate | Authenticity, validity period, scope | | 2 | Business license | Authenticity, business scope | | 3 | Transfer contract | Rights and obligations, payment agreement |
Ownership burden status | Serial number | File name | Verification points | |-----|---------|---------| | 5 | Real estate registration inquiry | Mortgage and seizure status | | 6 | Contract agreement | Leasing and contracting status | | 7 | Related company status | Related transaction review |
Payment Status | Serial Number | File Name | Verification Points | |-----|---------|---------| | 8 | Payment Voucher | Transfer Income, Use Fees | | 9 | Tax Certificate | Resource Tax Payment Status | | 10 | Arrears Query | Historical Arrears |
Compliance management documents | Serial number | File name | Verification points | |-----|---------|---------| | 11 | Environmental impact assessment approval | Is it valid and accepted | | 12 | Safety production license | Validity, conditions meet standards | | 13 | Land use documents | Legality, scope |
Mining area scope | Serial number | File name | Verification points | |-----|---------|---------| | 15 | Planning map | Ecological red line, basic farmland |
Suggestions from Yingting Lawyer The mining lawyer team of Beijing Yingting Law Firm reminds:Due diligence before acquiring mineral rights is the last line of defense to protect yourself!Suggestions:1.Be sure to do due diligence——Regardless of the transaction amount 2.Hire a professional team——Lawyers, accountants, technical experts 3.The investigation must be comprehensive——Don’t just look at the surface, but conduct in-depth verification 4.Pay attention to the findings——When risks are discovered, the trading plan must be adjusted in a timely manner 5.Set protection terms——Set representations, warranties and breach of contract clauses based on due diligence resultsLeave professional matters to professionals!--- *Warm reminder: This content is for reference only and does not constitute legal advice. Please consult a professional attorney for specific questions. *
•
Number and composition of employees•
Social security payment status•
Signing of labor contract•
historical labor disputesCommon risks:•
There is a large amount of unpaid wages•
Social security arrears•
There is an unresolved labor disputePoint 10: Verification of actual controllerNeed to check:•
Shareholder situation•
Equity structure•
Related companies•
Actual controller backgroundCommon risks:•
Equity holding•
There are related transaction risks•
The actual controller has a bad recordDue Diligence Checklist (Collector's Edition)
Basic license documents | Serial number | File name | Verification points | |-----|---------|---------| | 1 | Mining right certificate | Authenticity, validity period, scope | | 2 | Business license | Authenticity, business scope | | 3 | Transfer contract | Rights and obligations, payment agreement |
Ownership burden status | Serial number | File name | Verification points | |-----|---------|---------| | 5 | Real estate registration inquiry | Mortgage and seizure status | | 6 | Contract agreement | Leasing and contracting status | | 7 | Related company status | Related transaction review |
Payment Status | Serial Number | File Name | Verification Points | |-----|---------|---------| | 8 | Payment Voucher | Transfer Income, Use Fees | | 9 | Tax Certificate | Resource Tax Payment Status | | 10 | Arrears Query | Historical Arrears |
Compliance management documents | Serial number | File name | Verification points | |-----|---------|---------| | 11 | Environmental impact assessment approval | Is it valid and accepted | | 12 | Safety production license | Validity, conditions meet standards | | 13 | Land use documents | Legality, scope |
Mining area scope | Serial number | File name | Verification points | |-----|---------|---------| | 15 | Planning map | Ecological red line, basic farmland |
Suggestions from Yingting Lawyer The mining lawyer team of Beijing Yingting Law Firm reminds:Due diligence before acquiring mineral rights is the last line of defense to protect yourself!Suggestions:1.Be sure to do due diligence——Regardless of the transaction amount 2.Hire a professional team——Lawyers, accountants, technical experts 3.The investigation must be comprehensive——Don’t just look at the surface, but conduct in-depth verification 4.Pay attention to the findings——When risks are discovered, the trading plan must be adjusted in a timely manner 5.Set protection terms——Set representations, warranties and breach of contract clauses based on due diligence resultsLeave professional matters to professionals!--- *Warm reminder: This content is for reference only and does not constitute legal advice. Please consult a professional attorney for specific questions. *
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Next article：10 major risks in mineral rights acquisition, senior lawyers will teach you how to resolve them one by one
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