H. Liabilities and Contingencies
1. All liabilities and contingencies, including those associated with guarantees, whether written or oral, have been disclosed to you and are appropriately reflected in the financial statements.
2. We have informed you of all outstanding and possible litigation and claims, whether or not they have been discussed with legal counsel.
3. We have recorded and/or disclosed, as appropriate, all liabilities related litigation and claims, both actual and contingent, and have disclosed in notes to the financial statements all guarantees that we have given to third parties.
4. Other than as disclosed and/or accrued in the financial statements, there are no other material liabilities and contingent liabilities, including all outstanding litigation, claims and guarantee given to the third parties against the Company.
5. We are unaware of any violations or possible violations of laws or regulations the effects of which should be considered for disclosure in the financial statements or as the basis of recording a contingent loss, other than those disclosed and/or accrued in the financial statements.
6. We are unaware of any known or probable instances of non-compliance with the requirements of regulatory or governmental authorities, including their financial reporting requirements, and there have been no communications from regulatory agencies or government representatives concerning investigations or allegations of non-compliance.
I. Income and Indirect Taxes
1. We acknowledge our responsibility for the tax accounting methods adopted by the Company, which have been consistently applied in the current year, and for the current year income tax provision calculation, specific business tax (SBT) and value added tax (VAT).
2. We also acknowledge our responsibility for the plans with respect to future taxable income, which represent our estimates as to the outcome of those plans, based on available evidence, and for the significant assumptions used in our analysis. We would implement such strategies as necessary to prevent a tax operating loss or credit carry forward from expiring.
3. We have disclosed to you all tax opinions, correspondence with tax authorities, or other appropriate information that served as support for the accounting for potentially material matters.
4. Adequate amounts have been accrued for all local and foreign taxes on income including amounts applicable to prior periods not finally settled and paid.
5. With respect to the sale of investment in ordinary shares of Paradise Park Co.,Ltd. (PDP), associated, to Siam Piwat Holding Co.,Ltd., another subsidiary, we represent that the price of the investment approximate the market value, however, we acknowledge that this is related party transaction and this may be challenged by tax authorities that such price may not be the market value. We will take full responsibility for the risk from assessment of additional income tax or denied certain deductions for corporate income tax purposes
J. Equity
1. There are no share repurchase options and agreements and no person has an option to subscribe for shares in the Company.
2. Other than as disclosed in the note to the financial statements, there are no significant restrictions on our ability to distribute the retained profits of the Company because of statutory, contractual, exchange control or other restrictions.
K. Profit and Loss Account
1. Except as disclosed in the financial statements, the results for the year were not materially affected by :
(i) transactions of a sort not usually undertaken;
(ii) circumstances of an exceptional or non-recurring nature.
2. In particular, all revenue earned by the Company have been accounted for in the financial statements. Likewise, all expenditure has been taken into the financial statements and they are in the normal course of business of the Company and do not include any personal expenses of directors and/or shareholders.
L. Fair Value Measurements
We have the representations about fair value measurements and disclosure contained in the financial statements as below :
• the appropriateness of the measurement methods, including related assumptions, used by management in determining fair values within the applicable financial reporting framework, and the consistency in application of the methods;
• the basis used by management to overcome the presumption relating to the use of fair value set forth under the entity’s applicable financial reporting framework.
• the completeness and appropriateness of disclosures related to fair values under the entity’s applicable financial reporting framework; and
• whether subsequent events require adjustment to the fair value measurements and disclosures included in the financial report.
M. Accounting Estimates
We have the representations about accounting estimates recognised or disclosed in the financial statements as below.
• about the appropriateness of the measurement processes, including related assumptions, used by management in determining accounting estimates in the context of the applicable financial reporting framework, and the consistency in application of the processes;
• that disclosures related to accounting estimates are complete and appropriate under the applicable financial reporting framework; and
• that no subsequent events require adjustment to the accounting estimates and disclosure included in the financial report.
N. Purchase and Sales Commitments and Sales Terms
1. There were no purchase or sale commitments which could give rise to a loss for which no provision has been made in the financial statements.
2. At the year end, the Company had no unusual commitments or contractual obligations of any sort which were not in the ordinary course of business and which might have an adverse effect upon the Company (e.g., contracts or purchase agreements above market price; repurchase or other agreements not in the ordinary course of business; material commitments for the purchase of property, plant and equipment; significant foreign exchange commitments; open balances on letters of credit; purchase commitments for inventory quantities in excess of normal requirements or at prices in excess of the prevailing market prices; losses from fulfillment of, or inability to fulfill, sales commitments, etc.).
3. All material commitments for construction or acquisition of property, plant and equipment or to acquire other non-current assets, such as investments or intangibles have been disclosed in the note to the financial statements.
4. We have provided you with all agreements regarding sales to distributors and resellers. These agreements represent the entire arrangements and are not supplemented by other agreements either written or oral.
O. Going Concern
We are not aware any condition or event that may cast significant doubt on the Company’s ability to continue as a going concern. The use of going concern basis in the preparation of financial statements is appropriate.
P. Subsequent Events
Other than event after the reporting period described in Note 23 to the financial statements, there have been no events subsequent to year end which require adjustment of or disclosure in the financial statements or notes thereto.
Should any such material events occur after the date the financial statements are approved for issue, we shall advise you accordingly.
Q. Use of the Work of an Expert
We agree with the findings of the experts engaged to evaluate provision for long-term employee benefits and have adequately considered the qualifications of the experts in determining the amounts and disclosures included in the financial statements and the underlying accounting records. We did not give or cause any instructions to be given to the experts with respect to the values or amounts derived in an attempt to bias their work, and we are not otherwise aware of any matters that have had an effect on the independence or objectivity of the experts.
R. Independence
We are not aware of any act or omission on the part of the Company that does or may impact on your ability to comply with your independence obligations as auditor of the Company. We have brought to your attention any items which we consider may affect your ability to remain independent of the Company and we will continue to work with you to maintain the independence of the audit relationship.