22:01:09 EST Sun 09 Nov 2025
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Ecometals Ltd (2)
Symbol EC
Shares Issued 80,574,810
Close 2012-02-23 C$ 0.105
Market Cap C$ 8,460,355
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Ecometals' SdN wins case over EMAL ownership

2012-02-24 08:48 ET - News Release

Mr. William Lamarque reports

ECOMETALS LIMITED: COURT DECISION CONFIRMS LEGAL OWNERSHIP OF ECOMETALS MANAGANES DO AMAPA LTDA

Ecometals Ltd. has provided an update to its press release dated Jan. 11, 2012.

As previously disclosed, the company's interest in the Serra do Navio manganese project in the northern Brazil state of Amapa is held indirectly by the company through Ecometals Managanes do Amapa Ltda. (EMAL), a Brazilian company. On Jan. 11, 2012, the company announced that it had just been informed by Asia Minerals Ltd. that the company's indirectly held wholly owned subsidiary, Serra do Navio Ltd. (SdN), no longer appeared as the legal owner of EMAL's shares on the applicable registry of companies (the commercial registry of Amapa).

On further investigation, the company learned that the commercial registry of Amapa was unable to provide any documentation that would support the deregistration, and launched a court action against the president of the commercial registry of Amapa seeking a writ of mandamus to reinstate SdN as the direct legal owner of EMAL, and an injunction to suspend the effects of the deregistration.

The federal court of Amapa has now issued a writ of mandamus in favour of the company, which reinstates the 100-per-cent legal ownership of EMAL by SdN (as to 99 per cent) and the company's nominee, Paulo Fernandes Chedid Lisboa (as to 1 per cent). The federal court also issued a preliminary injunction to suspend the ruling that effected the deregistration.

As part of its findings, the court stated as follows:

  • The annulment by the Board of Trade of Amapa of the filings of registrations and amendments regarding EMAL on Dec. 1, 2011, was made without consultation with the petitioners and without an administrative proceeding;
  • The petitioners were taken by surprise when they learned of the deregistration;
  • The details of the deregistration have "the dimensions of a veritable fraud" (English translation).

William Lamarque, chief executive officer, commented: "This is a blockbuster judgment by the federal court, not just vindicating our position and reinstating our registrations, but confirming that we have been the victims of disgraceful abuse of process and, possibly, fraud. We are encouraged that criminal proceedings seem likely, and we are examining all of our legal options, including our own civil law options for damages against all parties involved. And we await the transcript of a congressional hearing on the issue held in Macapa last Friday. But our main focus now returns to the sale of SdN, which is essential to fund the further exploration of our properties adjacent to FdN in Ecuador. We look forward to negotiations to that effect recommencing right away and hopefully concluding soon. This is a great day for our patient shareholders as we monetize legacy assets in favour of our future as a gold company. We would also like to thank and congratulate our legal and management team in Macapa for their professionalism and dedication."

The company has now received a certificate issued by the Board of Trade of Amapa reconfirming the original registrations.

We seek Safe Harbor.

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