UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

 

FORM 6-K

 

REPORT OF FOREIGN PRIVATE ISSUER PURSUANT TO RULE 13a-16

OR 15d-16 UNDER THE SECURITIES EXCHANGE ACT OF 1934

 

For the month of April 2020

 

Commission file number: 001-38170

 

NEWATER TECHNOLOGY, INC.

(Registrant's name)

 

c/o Yantai Jinzheng Eco-Technology Co., Ltd.

1 Ruida Road, Laishan District, Yantai City

Shandong Province

People’s Republic of China 264000

 

(Address of principal executive office)

_____________________

 

Indicate by check mark whether the registrant files or will file annual reports under cover of Form 20-F or Form 40-F. Form 20-F ☒ Form 40-F ☐

 

Indicate by check mark if the registrant is submitting the Form 6-K in paper as permitted by Regulation S-T Rule 101(b)(1): ☐

 

Indicate by check mark if the registrant is submitting the Form 6-K in paper as permitted by Regulation S-T Rule 101(b)(7): ☐

____________________

 

 

 

  

Explanatory Note:

In December 2019, Newater Technology, Inc. (the “Company”), through its wholly-owned subsidiary Yantai Jinzheng Eco-Technology Co., Ltd. (“Jinzheng”) entered into a General Contract for Advanced Treatment Project BT (Build and Transfer) of Mine Water (the “Contract”) with Yulin Yuang Zhongneng Yuandatan Mining Co. Ltd. (“Yulin Mining”) for the treatment of coal mine wastewater runoff. Pursuant to Section 20.8 of the Contract, the parties contemplated that Jinzheng would establish a project company (“Contractor’s Project Company”) and the Contractor’s Project Company would be responsible for the obligations under the Contract. Accordingly, in December 2019 Jinzheng established a subsidiary, Yantai Jincai Eco-Technology Co., Ltd. (“Jincai”), and the Contract was assigned to Jincai (the “Contract Assignment”). The foregoing description of the Contract Assignment is qualified in its entirety by reference to the Contract Assignment, a copy of which is attached hereto as Exhibit 10.1 and incorporated herein by reference. 

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EXHIBIT INDEX

Number   Description of Exhibit
10.1   Contract Assignment with Yulin Yuang Zhongneng Yuandatan Mining Co. Ltd

 

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SIGNATURES

Pursuant to the requirements of the Securities and Exchange Act of 1934, the Registrant has duly caused this report to be signed on its behalf by the undersigned thereunto duly authorized.

  NEWATER TECHNOLOGY, INC.
   
  By:  /s/ Yuebiao Li
    Yuebiao Li
Chairman and Chief Executive Officer

Dated: April 6, 2020


 

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Exhibit 10.1

 

Yulin Yuyang Zhongneng Yuandatan Co., Ltd

General Contract for Advanced Treatment Project BT of Mine Water

Subject Replacement Agreement

 

This Subject Replacement Agreement (“this Agreement”) aim to transfer the rights and obligations under the General Contract for Advanced Treatment Project BT of Mine Water.

Employer: Yulin Yuyang Zhongneng Yuandatan Mining Co., Ltd (“Party A”)

Contractor: Yantai Jinzheng Eco-Technology Co., Ltd (“Party B”)

Contractor’s Project Company: Yantai Jincai Eco-Technology Co., Ltd (“Party C”)

Whereas:

1. On December 18, 2019, Party A and Party B entered into the General Contract for Advanced Treatment Project BT of Mine Water (the “Original Contract”) which concerning a mine water advanced treatment project of Party A. Upon the execution of the Original Contract and in order to fully perform each party’s obligations under the Original Contract, Party A and Party B hereby enter into this Agreement.
2. Pursuant to Article 20.8 under the Original Contract, upon the execution of the Original Contract, the Contractor would register and establish a project company, or the Contractor’s Project Company, which will be obligated for performing the obligations under the Original Contract; after the Contractor’s Project Company obtains a business license, the two parites will sign a subject replacement agreement so that the Contractor’s Project Company will carry on the subject of the Original Contract for the Contractor, and the Original Contract will automatically begin to have legal effect on the Contractor’s Project Company, the Contractor will no longer be the subject of the Original Contract.
     
    As agreed upon under the Original Contract, hereby Party B agrees to transfer all its rights and obligations under the Original Contract to Party C.
     
  3. Pursuant to the Contract Law of the PRC and relevant regulations, based on the principle of equality, free will and mutual benefit, all Parties hereby have reached the following agreements with regard to Party B’s transfer of all its rights and obligations under the Original Contract to Party C:
1) The Parties acknowledge and agree that all the rights and obligations of Party B under the Original Contract will be transfer to Party C pursuant to the terms and conditions under this Agreement, effective as the date hereof;
2) Party A will continue to be a party to the Original Contract, enjoy its rights and perform its obligations as agreed upon in the Original Contract;
3) Party C will become a party to the Original Contract, take over all the rights that Party B enjoys and all the obligations that Party B undertakes under the Original Contract;

 

 

4) Party B shall undertake joint liabilities to Party A for all obligations that Party C bears under both the Original Contract and this Agreement;
5) The bank account information under the Original Contract shall be change to relevant bank account of Party C, as below:

Account Name:

Bank Name:

Account:

Miscellaneous

1. This Agreement shall be govern by Chinese Laws, any disputes with respect to this Agreement shall apply to Article 16 – Breach of Contract, Claims and Ruling under the Original Contract;
2. This Agreement shall become effective upon the date hereof, after being executed or sealed by the Parties;
3. This Agreement is written in three originals and eighteen copies, each Party shall hold one original and six copies.

Party A (seal):

 

Yulin Yuyang Zhongneng Yuandatan Mining Co., Ltd
Authorized Representative (sign): Wei Liu

 

Party B (seal):

 

Yantai Jinzheng Eco-Technology Co., Ltd
Legal Representative (sign): Yuebiao Li

 

Party C (seal):

 

Yantai Jincai Eco-Technology Co., Ltd
Legal Representative (sign): Linlin Liu

*This Agreement is signed on December 30, 2019 at Yulin City, Shanxi Province.