UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

FORM 10−Q

(Mark One)

☒ QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934

For the quarterly period ended: September 30, ~~2020~~2021

☐ TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934

For the transition period from _____________ to _____________

Commission File Number: 001-32898

CBAK ENERGY TECHNOLOGY, INC.

(Exact Name of Registrant as Specified in Its Charter)

Nevada		88-0442833
(State or other jurisdiction of incorporation or organization)		(I.R.S. Employer Identification No.)

BAK Industrial Park, Meigui Street

Huayuankou Economic Zone

Dalian City, Liaoning Province,

People’s Republic of China, 116450

(Address of principal executive offices, Zip Code)

(86)(411)-3918-5985

(Registrant’s telephone number, including area code)

Securities registered pursuant to Section 12(b) of the Act:

Title of each class		Trading Symbol(s)		Name of each exchange on which registered
Common Stock, $0.001 par value		CBAT		Nasdaq Capital Market

Indicate by check mark whether the registrant (1) has filed all reports required to be filed by Section 13 or 15(d) of the Securities Exchange Act of 1934 during the preceding 12 months (or for such shorter period that the registrant was required to file such reports), and (2) has been subject to such filing requirements for the past 90 days. Yes ☒ No ☐

Indicate by check mark whether the registrant has submitted electronically every Interactive Data File required to be submitted pursuant to Rule 405 of Regulation S-T (§ 232.405 of this chapter) during the preceding 12 months (or for such shorter period that the registrant was required to submit such files). Yes ☒ No ☐

Indicate by check mark whether the registrant is a large accelerated filer, an accelerated filer, a non-accelerated filer, a smaller reporting company, or an emerging growth company. See the definitions of “large accelerated filer,” “accelerated filer,” “smaller reporting company,” and “emerging growth company” in Rule 12b-2 of the Exchange Act.

Large accelerated filer ☐		Accelerated filer ☐
Non-accelerated filer ☐☒		Smaller reporting company ☒
		Emerging growth company ☐

If an emerging growth company, indicate by check mark if the registrant has elected not to use the extended transition period for complying with any new or revised financial accounting standards provided pursuant to Section 13(a) of the Exchange Act. ☐

Indicate by check mark whether the registrant is a shell company (as defined in Rule 12b-2 of the Exchange Act). Yes ☐ No ☒

The number of shares outstanding of each of the issuer’s classes of common stock, as of November ~~13, 2020~~12, 2021 is as follows:

Class of Securities		Shares Outstanding
Common Stock, $0.001 par value		~~66,467,285~~88,705,016

CBAK ENERGY TECHNOLOGY, INC.

TABLE OF CONTENTS

PART I FINANCIAL INFORMATION
Item 1.	Financial Statements.		1
Item 2.	Management’s Discussion and Analysis of Financial Condition and Results of Operations.	45	42
Item 3.	Quantitative and Qualitative Disclosures About Market Risk.	60	55
Item 4.	Controls and Procedures.	60	55
PART II OTHER INFORMATION
Item 1.	Legal Proceedings.	62	57
Item 1A.	Risk Factors.	66	57
Item 2.	Unregistered Sales of Equity Securities and Use of Proceeds.	66	57
Item 3.	Defaults Upon Senior Securities.	66	57
Item 4.	Mine Safety Disclosures.	66	57
Item 5.	Other Information.	66	57
Item 6.	Exhibits.	66	57

PART I

FINANCIAL INFORMATION

ITEM 1.

FINANCIAL STATEMENTS.

CBAK ENERGY TECHNOLOGY, INC. AND SUBSIDIARIES

CONDENSED CONSOLIDATED FINANCIAL STATEMENTS

FOR THE THREE AND NINE MONTHS ENDED SEPTEMBER 30, ~~2019~~2020 AND ~~2020~~2021

Contents		Page(s)
Condensed Consolidated Balance Sheets as of December 31, ~~2019~~2020 and September 30, ~~2020~~2021 (unaudited)		2
Condensed Consolidated Statements of Operations and Comprehensive Loss for the three and nine months ended September 30, ~~2019~~2020 and ~~2020~~2021 (unaudited)		3
Condensed Consolidated Statements of Changes in Shareholders’ Equity for the three and nine months ended September 30, ~~2019~~2020 and ~~2020~~2021 (unaudited)		4-5
Condensed Consolidated Statements of Cash Flows for the nine months ended September 30, ~~2019~~2020 and ~~2020~~2021 (unaudited)		6
Notes to the Condensed Consolidated Financial Statements (unaudited)		~~7-44~~7-41

CBAK Energy Technology, Inc. and Subsidiaries

Condensed consolidated balance sheets

As of December 31, ~~2019~~2020 and September 30, ~~2020~~2021

(Unaudited)

(In US$ except for number of shares)

December 31, September 30,
Note 2019 2020
Assets
Current assets
Cash and cash equivalents $ 1,612,957 $ 1,299,013
Pledged deposits 2 5,520,991 6,603,422
Trade accounts and bills receivable, net 3 7,952,420 18,829,832
Inventories 4 8,666,714 3,619,532
Prepayments and other receivables 5 4,735,913 4,354,800
Total current assets 28,488,995 34,706,599

Property, plant and equipment, net 7 38,177,565 44,644,938
Construction in progress 8 21,707,624 15,454,225
Right-of-use assets 9 7,194,195 7,253,386
Intangible assets, net 10 15,178 12,007

Total assets $ 95,583,557 $ 102,071,155

Liabilities
Current liabilities
Current maturities of long-term bank loans 12 $ 10,844,463 $ 20,721,649
Short-term bank borrowings 12 5,730,289 5,876,289
Other short-term loans 12 7,351,587 5,269,367
Trade accounts and bills payable 11 15,072,108 19,278,113
Notes payable 16 2,846,736 1,614,583
Accrued expenses and other payables 13 15,527,589 13,961,339
Payables to former subsidiaries, net 6 1,483,352 1,676,333
Deferred government grants, current 14 142,026 3,091,153
Total current liabilities 58,998,150 71,488,826

Long-term bank loans, net of current maturities 12 9,519,029 -
Deferred government grants, non-current 14 4,118,807 4,114,515
Product warranty provision 15 2,246,933 2,207,374
Long term tax payable 17 7,042,582 7,222,018

Total liabilities 81,925,501 85,032,733

Commitments and contingencies 21

Shareholders’ equity
Common stock $0.001 par value; 500,000,000 authorized ; 53,220,902 issued and 53,076,696 outstanding as of December 31, 2019, 65,293,896 issued and 65,149,690 outstanding as of September 30, 2020 53,222 65,294
Donated shares 14,101,689 14,101,689
Additional paid-in capital 180,208,610 186,512,941
Statutory reserves 1,230,511 1,230,511
Accumulated deficit (176,177,413 ) (179,690,362 )
Accumulated other comprehensive loss (1,744,730 ) (1,168,448 )
17,671,889 21,051,625
Less: Treasury shares (4,066,610 ) (4,066,610 )
Total shareholders’ equity 13,605,279 16,985,015
Non-controlling interests 52,777 53,407
Total equity 13,658,056 17,038,422

Total liabilities and shareholders’ equity $ 95,583,557 $ 102,071,155

		December 31,			September 30,
	Note	2020			2021
Assets
Current assets
Cash and cash equivalents		$	11,681,750		$	1,993,531
Pledged deposits	2		8,989,748			15,552,996
Trade accounts and bills receivable, net	3		29,571,274			22,231,442
Inventories	4		5,252,845			9,249,455
Prepayments and other receivables	5		7,439,544			9,715,578
Investment in sales-type lease, net	11		235,245			838,649
Total current assets			63,170,406			59,581,651

Property, plant and equipment, net	8		41,040,370			42,050,589
Construction in progress	9		30,193,309			49,246,115
Non-marketable equity securities	10		-			702,807
Hitrans loan	6		-			20,326,775
Deposit paid for acquisition of a subsidiary	6		-			8,349,118
Operating lease right-of-use assets, net			-			1,981,422
Prepaid land use right- non current	11		7,500,780			7,465,426
Intangible assets, net	12		11,807			21,418
Investment in sales-type lease, net	11		850,407			980,731
Total assets		$	142,767,079		$	190,706,052

Liabilities
Current liabilities
Trade accounts and bills payable	13	$	28,352,292		$	21,050,320
Current maturities of long-term bank loans	14		13,739,546			-
Other short-term loans	14		1,253,869			680,563
Accrued expenses and other payables	15		11,645,459			15,796,594
Payables to former subsidiaries, net	7		626,990			361,874
Deferred government grants, current	16		151,476			153,402
Product warranty provisions	17		155,888			124,670
Operating lease liability, current	11		-			753,404
Warrants liability	21		17,783,000			10,474,000
Total current liabilities			73,708,520			49,394,827

Deferred government grants, non-current	16		7,304,832			8,833,848
Operating lease liability	11		-			801,266
Product warranty provision	17		1,835,717			1,873,626
Long term tax payable	18		7,511,182			7,606,677

Total liabilities			90,360,251			68,510,244

Commitments and contingencies	23

Shareholders’ equity
Common stock $0.001 par value; 500,000,000 authorized ; 79,310,249 issued and 79,166,043 outstanding as of December 31, 2020, 88,555,390 issued and 88,411,184 outstanding as of September 30, 2021			79,310			88,555
Donated shares			14,101,689			14,101,689
Additional paid-in capital			225,278,113			241,232,244
Statutory reserves			1,230,511			1,230,511
Accumulated deficit			(183,984,311	)		(131,654,694	)
Accumulated other comprehensive loss			(239,609	)		1,240,354
			56,465,703			126,238,659
Less: Treasury shares			(4,066,610	)		(4,066,610	)
Total shareholders’ equities			52,399,093			122,172,049
Non-controlling interests			7,735			23,759
Total of equities			52,406,828			122,195,808

Total liabilities and shareholders’ equity		$	142,767,079		$	190,706,052

See accompanying notes to the condensed consolidated financial statements.

CBAK Energy Technology, Inc. and Subsidiaries

Condensed consolidated statements of operations and comprehensive income (loss)

For the three and nine months ended September 30, ~~2019~~2020 and ~~2020~~2021

(Unaudited)

(In US$ except for number of shares)

Three months ended
September 30, Nine months ended
September 30,
Note 2019 2020 2019 2020
Net revenues 23 $ 8,089,804 $ 10,620,656 $ 17,532,415 $ 22,146,177
Cost of revenues (7,431,039 ) (9,245,811 ) (17,322,234 ) (20,477,719 )
Gross profit 658,765 1,374,845 210,181 1,668,458
Operating expenses:
Research and development expenses (478,096 ) (446,162 ) (1,425,029 ) (1,130,316 )
Sales and marketing expenses (279,454 ) (157,485 ) (905,875 ) (351,963 )
General and administrative expenses (1,282,183 ) (741,785 ) (3,540,686 ) (2,614,349 )
(Provision for) recovery of doubtful accounts (119,081 ) 364,168 (443,020 ) (63,534 )
Total operating expenses (2,158,814 ) (981,264 ) (6,314,610 ) (4,160,162 )
Operating profit (loss) (1,500,049 ) 393,581 (6,104,429 ) (2,491,704 )
Finance expenses, net (324,522 ) (357,739 ) (973,504 ) (1,171,030 )
Other income, net 37,503 5,873 149,358 152,171
Income (Loss) before income tax (1,787,068 ) 41,715 (6,928,575 ) (3,510,563 )
Income tax expense 17 - - - -
Net income (loss) (1,787,068 ) 41,715 (6,928,575 ) (3,510,563 )
Less: Net loss (profit) attributable to non-controlling interests 14,446 2,532 51,177 (2,386 )
Net income (loss) attributable to shareholders of CBAK Energy Technology, Inc. $ (1,772,622 ) $ 44,247 $ (6,877,398 ) $ (3,512,949 )

Net income (loss) (1,787,068 ) 41,715 (6,928,575 ) (3,510,563 )
Other comprehensive income (loss)
– Foreign currency translation adjustment (754,349 ) 846,695 (817,888 ) 574,526
Comprehensive income (loss) (2,541,417 ) 888,410 (7,746,463 ) (2,936,037 )
Less: Comprehensive loss (income) attributable to non-controlling interests 19,285 3,465 58,421 (630 )
Comprehensive income (loss) attributable to CBAK Energy Technology, Inc. $ (2,522,132 ) $ 891,875 $ (7,688,042 ) $ (2,936,667 )

Income (Loss) per share 19
– Basic $ (0.04 ) $ 0.00 $ (0.19 ) $ (0.06 )
– Diluted $ (0.04 ) $ 0.00 $ (0.19 ) $ (0.06 )

Weighted average number of shares of common stock: 19
– Basic 42,262,408
64,909,894
35,508,896
59,569,498

– Diluted 42,262,408
65,400,058
35,508,896
59,569,498

		Three months ended September 30,						Nine months ended September 30,
	Note	2020			2021			2020			2021
Net revenues	25	$	10,620,656		$	9,562,190		$	22,146,177		$	24,867,393
Cost of revenues			(9,245,811	)		(8,430,808	)		(20,477,719	)		(20,798,931	)
Gross profit			1,374,845			1,131,382			1,668,458			4,068,462
Operating expenses:
Research and development expenses			(446,162	)		(1,815,756	)		(1,130,316	)		(3,344,817	)
Sales and marketing expenses			(157,485	)		(510,386	)		(351,963	)		(1,262,999	)
General and administrative expenses			(741,785	)		(2,158,183	)		(2,614,349	)		(5,823,560	)
Recovery of (provision for) doubtful accounts			364,168			178,897			(63,534	)		437,475
Total operating expenses			(981,264	)		(4,305,428	)		(4,160,162	)		(9,993,901	)
Operating profit (loss)			393,581			(3,174,046	)		(2,491,704	)		(5,925,439	)
Finance (expenses) income, net			(357,739	)		129,340			(1,171,030	)		174,442
Other income, net			5,873			69,970			152,171			1,619,194
Impairment of non-marketable equity securities			-			(43	)		-			(690,585	)
Change in fair value of warrants			-			22,998,000			-			57,174,000
Income (loss) before income tax			41,715			20,023,221			(3,510,563	)		52,351,612
Income tax expense	18		-			-			-			-
Net income (loss)			41,715			20,023,221			(3,510,563	)		52,351,612
Less: Net income (loss) attributable to non-controlling interests			2,532			(3,487	)		(2,386	)		(21,995	)
Net income (loss) attributable to shareholders of CBAK Energy Technology, Inc.		$	44,247		$	20,019,734		$	(3,512,949	)	$	52,329,617

Other comprehensive income (loss)
Net loss			41,715			20,023,221			(3,510,563	)		52,351,612
– Foreign currency translation adjustment			846,695			243,258			574,526			1,473,992
Comprehensive income (loss)			888,410			20,266,479			(2,936,037	)		53,825,604
Less: Comprehensive loss (income) attributable to non-controlling interests			3,465			(3,404	)		(630	)		(16,024	)
Comprehensive income (loss) attributable to CBAK Energy Technology, Inc.		$	891,875		$	20,263,075		$	(2,936,667	)	$	53,809,580

Income (Loss) per share	20
– Basic		$	0.00		$	0.23		$	(0.06	)	$	0.60
– Diluted		$	0.00		$	0.23		$	(0.06	)	$	0.60

Weighted average number of shares of common stock:	20
– Basic			64,909,894			88,419,998			59,569,498			87,043,490
– Diluted			65,400,058			88,709,210			59,569,498			87,349,010

See accompanying notes to the condensed consolidated financial statements.

CBAK Energy Technology, Inc. and Subsidiaries

Condensed consolidated statements of changes in shareholders’ equity

For the three months ended September 30, ~~2019~~2020 and ~~2020~~2021

(Unaudited)

(In US$ except for number of shares)

	Common stock															Accumulated
	Issued						Additional									other			Non-			Treasury shares						Total
	Number				Donated		paid-in				Statutory		Accumulated			comprehensive			controlling			Number						shareholders’
	of shares		Amount		shares		capital				reserves		deficit			loss			interests			of shares			Amount			Equity
Balance as of July 1, 2020		63,802,338	$	63,803	$	14,101,689	$	185,487,657			$	1,230,511	$	(179,734,609	)	$	(2,016,076	)	$	56,872			(144,206	)	$	(4,066,610	)	$	15,123,237
Net income (loss)		-		-		-						-		44,247			-			(2,532	)		-			-			41,715
Share-based compensation for employee and director stock awards		-		-		-		161,775				-		-			-						-			-			161,775
Common stock issued to employees and directors for stock awards		1,491,558		1,491		-		863,509				-		-			-						-			-			865,000
Foreign currency translation adjustment		-		-		-		-				-		-			847,628			(933	)		-			-			846,695

Balance as of September 30, 2020		65,293,896	$	65,294	$	14,101,689	$	186,512,941			$	1,230,511	$	(179,690,362	)	$	(1,168,448	)	$	53,407			(144,206	)	$	(4,066,610	)	$	17,038,422

Balance as of July 1, 2021		88,538,723	$	88,538	$	14,101,689	$	241,141,468			$	1,230,511	$	(151,674,428	)	$	997,013		$	20,355			(144,206	)	$	(4,066,610	)	$	101,838,536
Net income		-		-		-				��		-		20,019,734			-			3,487			-			-			20,023,221
Share-based compensation for employee and director stock awards		-		-		-		90,793				-		-			-						-			-			90,793
Common stock issued to employees and directors for stock awards		16,667		17		-		(17	)			-		-			-						-			-			-
Foreign currency translation adjustment		-		-		-		-				-		-			243,341			(83	)		-			-			243,258

Balance as of September 30, 2021		88,555,390	$	88,555	$	14,101,689	$	241,232,244			$	1,230,511	$	(131,654,694	)	$	1,240,354		$	23,759			(144,206	)	$	(4,066,610	)	$	122,195,808

Common stock Accumulated
issued Additional other Non- Treasury shares Total
Number Donated paid-in Statutory Accumulated comprehensive controlling Number shareholders’
of shares Amount shares capital reserves deficit loss interests of shares Amount equity
Balance as of July 1, 2019 37,095,629 $ 37,096 $ 14,101,689 $ 166,884,602 $ 1,230,511 $ (170,514,666 ) $ (1,560,074 ) $ 61,432 (144,206 ) $ (4,066,610 ) $ 6,173,980
Capital contribution from non-controlling interests of a subsidiary - - - - - - - 30,259 - - 30,259
Net loss - - - - - (1,772,622 ) - (14,446 ) - - (1,787,068 )
Share-based compensation for employee and director stock awards - - - 396,144 - - - - - - 396,144
Common stock issued to employees and directors for stock awards 131,839 132 - (132 ) - - - - - - -
Common stock issued to investors 7,092,219 7,092 - 7,439,738 - - - - - - 7,446,830
Foreign currency translation adjustment - - - - - - (749,510 ) (4,839 ) - - (754,349 )

Balance as of September 30, 2019 44,319,687 $ 44,320 $ 14,101,689 $ 174,720,352 $ 1,230,511 $ (172,287,288 ) $ (2,309,584 ) $ 72,406 (144,206 ) $ (4,066,610 ) $ 11,505,796

Balance as of July 1, 2020 63,802,338 $ 63,803 $ 14,101,689 $ 185,487,657 $ 1,230,511 $ (179,734,609 ) $ (2,016,076 ) $ 56,872 (144,206 ) $ (4,066,610 ) $ 15,123,237
Net income (loss) - - - - 44,247 - (2,532 ) - - 41,715
Share-based compensation for employee and director stock awards - - - 161,775 - - - - - 161,775
Common stock issued to investors 1,491,558 1,491 - 863,509 - - - - - 865,000
Foreign currency translation adjustment - - - - - - 847,628 (933 ) - - 846,695

Balance as of September 30, 2020 65,293,896 $ 65,294 $ 14,101,689 $ 186,512,941 $ 1,230,511 $ (179,690,362 ) $ (1,168,448 ) $ 53,407 (144,206 ) $ (4,066,610 ) $ 17,038,422

CBAK Energy Technology, Inc. and Subsidiaries

Condensed consolidated statements of changes in shareholders’ equity

For the nine months ended September 30, ~~2019~~2020 and ~~2020~~2021

(Unaudited)

(In US$ except for number of shares)

Common stock Accumulated
issued Additional other Non- Treasury shares Total
Number Donated paid-in Statutory Accumulated comprehensive controlling Number shareholders’
of shares Amount shares capital reserves deficit loss interests of shares Amount equity
Balance as of January 1, 2019 26,791,684 $ 26,792 $ 14,101,689 $ 155,931,770 $ 1,230,511 $ (165,409,890 ) $ (1,498,940 ) $ 11,977 (144,206 ) $ (4,066,610 ) $ 327,299
Capital contribution from non-controlling interests of a subsidiary - - - - - - - 118,850 - - 118,850
Net loss - - - - - (6,877,398 ) - (51,177 ) - - (6,928,575 )
Share-based compensation for employee and director stock awards - - - 432,785 - - - - - - 432,785
Common stock issued to employees and directors for stock awards 131,839 132 - (132 ) - - - - - - -
Common stock issued to investors 17,396,164 17,396 - 18,355,929 - - - - - - 18,373,325
Foreign currency translation adjustment - - - - - - (810,644 ) (7,244 ) - - (817,888 )

Balance as of September 30, 2019 44,319,687 $ 44,320 $ 14,101,689 $ 174,720,352 $ 1,230,511 $ (172,287,288 ) $ (2,309,584 ) $ 72,406 (144,206 ) $ (4,066,610 ) $ 11,505,796

Balance as of January 1, 2020 53,220,902 $ 53,222 14,101,689 $ 180,208,610 $ 1,230,511 $ (176,177,413 ) $ (1,744,730 ) $ 52,777 (144,206 ) $ (4,066,610 ) $ 13,658,056
Net income (loss) - - - - (3,512,949 ) - 2,386 - - (3,510,563 )
Share-based compensation for employee and director stock awards - - - 615,871 - - - - - - 615,871
Common stock issued to employees and directors for stock awards 293,498 293 - (293 ) - - - - - - -
Common stock issued to investors 11,779,496 11,779 - 5,688,753 - - - - - 5,700,532
Foreign currency translation adjustment - - - - - - 576,282 (1,756 ) - - 574,526

Balance as of September 30, 2020 65,293,896 $ 65,294 $ 14,101,689 $ 186,512,941 $ 1,230,511 $ (179,690,362 ) $ (1,168,448 ) $ 53,407 (144,206 ) $ (4,066,610 ) $ 17,038,422

	Common stock														Accumulated
	Issued						Additional								other			Non-			Treasury shares						Total
	Number				Donated		paid-in			Statutory		Accumulated			comprehensive			controlling			Number						shareholders’
	of shares		Amount		shares		capital			reserves		deficit			loss			interests			of shares			Amount			equity
Balance as of January 1, 2020		53,220,902	$	53,222		14,101,689	$	180,208,610		$	1,230,511	$	(176,177,413	)	$	(1,744,730	)	$	52,777			(144,206	)	$	(4,066,610	)	$	13,658,056
Net income (loss)		-		-		-					-		(3,512,949	)		-			2,386			-			-			(3,510,563	)
Share-based compensation for employee and director stock awards		-		-		-		615,871			-		-			-			-			-			-			615,871
Common stock issued to employees and directors for stock awards		293,498		293		-		(293	)		-		-			-			-			-			-			-
Common stock issued to investors		11,779,496		11,779		-		5,688,753			-		-			-			-			-						5,700,532
Foreign currency translation adjustment		-		-		-		-			-		-			576,282			(1,756	)		-			-			574,526

Balance as of September 30, 2020		65,293,896	$	65,294	$	14,101,689	$	186,512,941		$	1,230,511	$	(179,690,362	)	$	(1,168,448	)	$	53,407			(144,206	)	$	(4,066,610	)	$	17,038,422

Balance as of January 1, 2021		79,310,249	$	79,310	$	14,101,689	$	225,278,113		$	1,230,511	$	(183,984,311	)	$	(239,609	)	$	7,735			(144,206	)	$	(4,066,610	)	$	52,406,828
Net income		-		-		-					-		52,329,617			-			21,995			-			-			52,351,612
Share-based compensation for employee and director stock awards		-		-		-		333,365			-		-			-			-			-			-			333,365
Common stock issued to employees and directors for stock awards		305,165		305		-		(305	)		-		-			-			-			-			-			-
Issuance of common stock and warrants		8,939,976		8,940		-		15,621,071			-		-			-			-			-						15,630,011
Foreign currency translation adjustment		-		-		-		-			-		-			1,479,963			(5,971	)		-			-			1,473,992

Balance as of September 30, 2021		88,555,390	$	88,555	$	14,101,689	$	241,232,244		$	1,230,511	$	(131,654,694	)	$	1,240,354		$	23,759			(144,206	)	$	(4,066,610	)	$	122,195,808

See accompanying notes to the condensed consolidated financial statements.

CBAK Energy Technology, Inc. and subsidiaries

Condensed consolidated statements of cash flows

For the nine months ended September 30, ~~2019~~2020 and ~~2020~~2021

(Unaudited)

(In US$ except for number of shares)

Nine months ended
September 30,
2019 2020
Cash flows from operating activities
Net loss $ (6,928,575 ) $ (3,510,563 )
Adjustments to reconcile net loss to net cash (used in) provided by operating activities:
Depreciation and amortization 2,083,489 1,856,246
Provision for doubtful debts 443,020 63,534
Write-down of inventories 557,668 724,156
Share-based compensation 432,785 615,871
Loss on disposal of property, plant and equipment 236,360 21,035
Changes in operating assets and liabilities:
Trade accounts and bills receivable 4,008,929 (10,424,301 )
Inventories (2,254,761 ) 4,388,522
Prepayments and other receivables 1,735,548 587,158
Trade accounts and bills payable (12,128,474 ) 3,582,377
Accrued expenses and other payables 1,357,021 (317,352 )
Trade receivable from and payables to former subsidiaries (3,449,078 ) 4,454,118
Government grants - 2,858,858
Net cash (used in) provided by operating activities (13,906,068 ) 4,899,659

Cash flows from investing activities
Purchases of property, plant and equipment and construction in progress (1,998,476 ) (2,033,349 )
Net cash used in investing activities (1,998,476 ) (2,033,349 )

Cash flows from financing activities
Capital injection from non-controlling interests 118,850 -
Repayment of bank borrowings (3,545,966 ) (155,951 )
Proceeds from issue of promissory note 1,250,000 -
Borrowings from unrelated parties 6,397,925 3,459,218
Repayment of borrowings from unrelated parties (145,739 ) (5,660,539 )
Borrowings from related parties 431,630 -
Repayment of borrowings from related parties (535,967 ) -
Borrowings from shareholders 4,080,681 268,733
Repayment of borrowings from shareholders -
(240,687
)
Repayment of earnest money to shareholders (760,721 ) -
Net cash provided by (used in) financing activities 7,290,693 (2,329,226 )
Effect of exchange rate changes on cash and cash equivalents and restricted cash (494,264 ) 231,403
Net (decrease) increase in cash and cash equivalents and restricted cash (9,108,115 ) 768,487
Cash and cash equivalents and restricted cash at the beginning of period 17,689,493 7,133,948
Cash and cash equivalents and restricted cash at the end of period $ 8,581,378 $ 7,902,435
Supplemental non-cash investing and financing activities:
Transfer of construction in progress to property, plant and equipment $ 777,324 $ 8,224,147
Issuance of common stock (note 1):
– offset short-term borrowings (First Debt, Second Debt and Third Debt) $ 15,056,304 $ -
– offset construction cost payable (Fourth Debt) $ 3,317,021 $ -
- offset repayment of promissory note $ - $ 1,415,000
- offset payable to Shenzhen BAK (Sixth Debt) $ - $ 4,285,532

Cash paid during the period for:
Income taxes $ - $ -
Interest, net of amounts capitalized $ 1,087,390 $ 783,159

	Nine months ended September 30,
	2020			2021
Cash flows from operating activities
Net (loss) income	$	(3,510,563	)	$	52,351,612
Adjustments to reconcile net loss to net cash (used in) provided by operating activities:
Depreciation and amortization		1,856,246			2,013,729
Provision for doubtful debts		63,534			(437,475	)
Write-down of inventories		724,156			663,041
Share-based compensation		615,871			333,365
Loss on disposal of property, plant and equipment		21,035			9,613
Change in fair value of warrant liability		-			(57,174,000	)
Impairment charge - Investment		-			690,585
Amortization of operating lease right-of-use assets		-			290,051
Changes in operating assets and liabilities:
Trade accounts and bills receivable		(10,424,301	)		8,062,046
Inventories		4,388,522			(4,578,372	)
Prepayments and other receivables		587,158			(2,191,300	)
Trade accounts and bills payable		3,582,377			(7,632,763	)
Accrued expenses and other payables		(317,352	)		323,174
Investment in sales-type lease		-			(717,138	)
Operating lease liabilities		-			(715,150	)
Trade receivable from and payables to former subsidiaries		4,454,118			(75,718	)
Government grants		2,858,858			1,545,189
Net cash provided by (used in) operating activities		4,899,659			(7,239,511	)

Cash flows from investing activities
Deposit paid for acquisition of a subsidiary		-			(8,316,787	)
Purchase of non-marketable equity securities		-			(1,390,670	)
Hitrans Loan		-			(20,248,061	)
Purchases of property, plant and equipment and construction in progress		(2,033,349	)		(17,548,901	)
Net cash used in investing activities		(2,033,349	)		(47,504,419	)

Cash flows from financing activities
Repayment of bank borrowings		(155,951	)		(13,860,346	)
Borrowings from unrelated parties		3,459,218			-
Repayment of borrowings from unrelated parties		(5,660,539	)		(399,715	)
Repayment of borrowings from related parties		-			(185,985	)
Borrowings from shareholders		268,733			-
Repayment of borrowings from shareholders		(240,687	)		-
Proceeds from issuance of shares		-			65,495,011
Net cash (used in) provided by financing activities		(2,329,226	)		51,048,965
Effect of exchange rate changes on cash and cash equivalents and restricted cash		231,403			569,994
Net (decrease) increase in cash and cash equivalents and restricted cash		768,487			(3,124,971	)
Cash and cash equivalents and restricted cash at the beginning of period		7,133,948			20,671,498
Cash and cash equivalents and restricted cash at the end of period	$	7,902,435		$	17,546,527

Supplemental non-cash investing and financing activities:
Transfer of construction in progress to property, plant and equipment	$	8,224,147		$	3,556,965
Non-cash payment for purchase of property, plant and equipment and construction in progress by new vehicles	$	-		$	61,344

Issuance of common stock (note 1):
- offset repayment of promissory note	$	1,415,000		$	-
- offset payable to Shenzhen BAK (Sixth Debt)	$	4,285,532		$	-

Cash paid during the period for:
Income taxes	$	-		$	-
Interest, net of amounts capitalized	$	783,159		$	7,031

See accompanying notes to the condensed consolidated financial statements.

CBAK Energy Technology, Inc. and subsidiaries

Notes to the condensed consolidated financial statements

For the three and nine months ended September 30, ~~2019~~2020 and ~~2020~~2021

(Unaudited)

(In US$ except for number of shares)

Principal Activities, Basis of Presentation and Organization

Principal Activities

CBAK Energy Technology, Inc. (formerly known as China BAK Battery, Inc.) (“CBAK” or the “Company”) is a corporation formed in the State of Nevada on October 4, 1999 as Medina Copy, Inc. The Company changed its name to Medina Coffee, Inc. on October 6, 1999 and subsequently changed its name to China BAK Battery, Inc. on February 14, 2005. CBAK and its subsidiaries (hereinafter, collectively referred to as the “Company”) are principally engaged in the manufacture, commercialization and distribution of a wide variety of standard and customized lithium ion (known as “Li-ion” or “Li-ion cell”) high power rechargeable batteries. Prior to the disposal of BAK International Limited (“BAK International”) and its subsidiaries (see below), the batteries produced by the Company were for use in cellular telephones, as well as various other portable electronic applications, including high-power handset telephones, laptop computers, power tools, digital cameras, video camcorders, MP3 players, electric bicycles, hybrid/electric vehicles, and general industrial applications. After the disposal of BAK International and its subsidiaries on June 30, 2014, the Company ~~focuses~~will focus on the manufacture, commercialization and distribution of high power lithium ion rechargeable batteries for use in cordless power tools, light electric vehicles, hybrid electric vehicles, electric cars, electric busses, uninterruptable power supplies and other high power applications.

The shares of the Company traded in the over-the-counter market through the Over-the-Counter Bulletin Board from 2005 until May 31, 2006, when the Company obtained approval to list its common stock on The NASDAQ Global Market, and trading commenced that same date under the symbol “CBAK”.

On January 10, 2017, the Company filed Articles of Merger with the Secretary of State of Nevada to effectuate a merger between the Company and the Company’s newly formed, wholly owned subsidiary, CBAK Merger Sub, Inc. (the “Merger Sub”). According to the Articles of Merger, effective January 16, 2017, the Merger Sub merged with and into the Company with the Company being the surviving entity (the “Merger”). As permitted by Chapter 92A.180 of Nevada Revised Statutes, the sole purpose of the Merger was to effect a change of the Company’s name.

Effective November 30, 2018, the trading symbol for common stock of the Company was changed from CBAK to CBAT. Effective at the opening of business on June 21, 2019, the Company’s common stock started trading on the Nasdaq Capital Market.

Basis of Presentation and Organization

On November 6, 2004, BAK International, a non-operating holding company that had substantially the same shareholders as Shenzhen BAK Battery Co., Ltd (“Shenzhen BAK”), entered into a share swap transaction with the shareholders of Shenzhen BAK for the purpose of the subsequent reverse acquisition of the Company. The share swap transaction between BAK International and the shareholders of Shenzhen BAK was accounted for as a reverse acquisition of Shenzhen BAK with no adjustment to the historical basis of the assets and liabilities of Shenzhen BAK.

On January 20, 2005, the Company completed a share swap transaction with the shareholders of BAK International. The share swap transaction, also referred to as the “reverse acquisition” of the Company, was consummated under Nevada law pursuant to the terms of a Securities Exchange Agreement entered by and among CBAK, BAK International and the shareholders of BAK ~~International.~~International on January, 2005. The share swap transaction has been accounted for as a capital-raising transaction of the Company whereby the historical financial statements and operations of Shenzhen BAK are consolidated using historical carrying amounts.

CBAK Energy Technology, Inc. and subsidiaries

Notes to the condensed consolidated financial statements

For the three and nine months ended September 30, ~~2019~~2020 and ~~2020~~2021

(Unaudited)

(In US$ except for number of shares)

1.	Principal Activities, Basis of Presentation and Organization (continued)

Basis of Presentation and Organization (continued)

Also on January 20, 2005, immediately prior to consummating the share swap transaction, BAK International executed a private placement of its common stock with unrelated investors whereby it issued an aggregate of 1,720,087 shares of common stock for gross proceeds of $17,000,000. In conjunction with this financing, Mr. Xiangqian Li, the Chairman and Chief Executive Officer of the Company (“Mr. Li”), agreed to place 435,910 shares of the Company’s common stock owned by him into an escrow account pursuant to an Escrow Agreement dated January 20, 2005 (the “Escrow Agreement”). Pursuant to the Escrow Agreement, 50% of the escrowed shares were to be released to the investors in the private placement if audited net income of the Company for the fiscal year ended September 30, 2005 was not at least $12,000,000, and the remaining 50% was to be released to investors in the private placement if audited net income of the Company for the fiscal year ended September 30, 2006 was not at least $27,000,000. If the audited net income of the Company for the fiscal years ended September 30, 2005 and 2006 reached the above-mentioned targets, the 435,910 shares would be released to Mr. Li in the amount of 50% upon reaching the 2005 target and the remaining 50% upon reaching the 2006 target.

Under accounting principles generally accepted in the United States of America (“US GAAP”), escrow agreements such as the one established by Mr. Li generally constitute compensation if, following attainment of a performance threshold, shares are returned to a company officer. The Company determined that without consideration of the compensation charge, the performance thresholds for the year ended September 30, 2005 would be achieved. However, after consideration of a related compensation charge, the Company determined that such thresholds would not have been achieved. The Company also determined that, even without consideration of a compensation charge, the performance thresholds for the year ended September 30, 2006 would not be achieved.

While the 217,955 escrow shares relating to the 2005 performance threshold were previously released to Mr. Li, Mr. Li executed a further undertaking on August 21, 2006 to return those shares to the escrow agent for the distribution to the relevant investors. However, such shares were not returned to the escrow agent, but, pursuant to a Delivery of Make Good Shares, Settlement and Release Agreement between the Company, BAK International and Mr. Li entered into on October 22, 2007 (the “Li Settlement Agreement”), such shares were ultimately delivered to the Company as described below. Because the Company failed to satisfy the performance threshold for the fiscal year ended September 30, 2006, the remaining 217,955 escrow shares relating to the fiscal year 2006 performance threshold were released to the relevant investors. As Mr. Li has not retained any of the shares placed into escrow, and as the investors party to the Escrow Agreement ~~were~~are only shareholders of the Company and ~~did~~do not have and ~~were~~are not expected to have any other relationship to the Company, the Company has not recorded a compensation charge for the years ended September 30, 2005 and 2006.

At the time the escrow shares relating to the 2006 performance threshold were transferred to the investors in fiscal year 2007, the Company should have recognized a credit to donated shares and a debit to additional paid-in capital, both of which are elements of shareholders’ equity. This entry is not material because total ordinary shares issued and outstanding, total shareholders’ equity and total assets do not change; nor is there any impact on income or earnings per share. Therefore, previously filed consolidated financial statements for the fiscal year ended September 30, 2007 ~~were~~will not be restated. This share transfer has been reflected in these financial statements by reclassifying the balances of certain items as of October 1, 2007. The balances of donated shares and additional paid-in capital as of October 1, 2007 were credited and debited by $7,955,358 respectively, as set out in the consolidated statements of changes in shareholders’ equity.

In November 2007, Mr. Li delivered the 217,955 shares related to the 2005 performance threshold to BAK International pursuant to the Li Settlement Agreement; BAK International in turn delivered the shares to the Company. Such shares (other than those issued to investors pursuant to the 2008 Settlement Agreements, as described below) are now held by the Company. Upon receipt of these shares, the Company and BAK International released all claims and causes of action against Mr. Li regarding the shares, and Mr. Li released all claims and causes of action against the Company and BAK International regarding the shares. Under the terms of the Li Settlement Agreement, the Company commenced negotiations with the investors who participated in the Company’s January 2005 private placement in order to achieve a complete settlement of BAK International’s obligations (and the Company’s obligations to the extent it has any) under the applicable agreements with such investors.

Beginning on March 13, 2008, the Company entered into settlement agreements (the “2008 Settlement Agreements”) with certain investors in the January 2005 private placement. Since the other investors have never submitted any claims regarding this matter, the Company did not reach any settlement with them.

CBAK Energy Technology, Inc. and subsidiaries

Notes to the condensed consolidated financial statements

For the three and nine months ended September 30, ~~2019~~2020 and ~~2020~~2021

(Unaudited)

(In US$ except for number of shares)

1.	Principal Activities, Basis of Presentation and Organization (continued)

Basis of Presentation and Organization (continued)

Pursuant to the 2008 Settlement Agreements, the Company and the settling investors have agreed, without any admission of liability, to a settlement and mutual release from all claims relating to the January 2005 private placement, including all claims relating to the escrow shares related to the 2005 performance threshold that had been placed into escrow by Mr. Li, as well as all claims, including claims for liquidated damages relating to registration rights granted in connection with the January 2005 private placement. Under the 2008 Settlement Agreement, the Company has made settlement payments to each of the settling investors of the number of shares of the Company’s common stock equivalent to 50% of the number of the escrow shares related to the 2005 performance threshold these investors had claimed; aggregate settlement payments as of June 30, 2015 amounted to 73,749 shares. Share payments to date have been made in reliance upon the exemptions from registration provided by Section 4(a)(2) and/or other applicable provisions of the Securities Act of 1933, as amended. In accordance with the 2008 Settlement Agreements, the Company filed a registration statement covering the resale of such shares which was declared effective by the SEC on June 26, 2008.

Pursuant to the Li Settlement Agreement, the 2008 Settlement Agreements and upon the release of the 217,955 escrow shares relating to the fiscal year 2006 performance threshold to the relevant investors, neither Mr. Li or the Company have any obligations to the investors who participated in the Company’s January 2005 private placement relating to the escrow shares.

As of September 30, ~~2020,~~2021, the Company had not received any claim from the other investors who have not been covered by the “2008 Settlement Agreements” in the January 2005 private placement.

As the Company has transferred the 217,955 shares related to the 2006 performance threshold to the relevant investors in fiscal year 2007 and the Company also have transferred 73,749 shares relating to the 2005 performance threshold to the investors who had entered the "2008 Settlement Agreements" with us in fiscal year 2008, pursuant to “Li Settlement Agreement” and “2008 Settlement Agreements”, neither Mr. Li nor the Company ~~has~~had any remaining obligations to those related investors who participated in the Company’s January 2005 private placement relating to the escrow shares.

On August 14, 2013, Dalian BAK Trading Co., Ltd was established as a wholly owned subsidiary of China BAK Asia Holding Limited (“BAK Asia”) with a registered capital of $500,000. ~~On March 7, 2017,~~Pursuant to CBAK Trading’s articles of association and relevant PRC regulations, BAK Asia was required to contribute the ~~name of Dalian BAK Trading Co., Ltd was changed~~capital to ~~Dalian~~ CBAK Trading ~~Co., Ltd (“CBAK Trading”).~~on or before August 14, 2015. On August 5, 2019, CBAK Trading’s registered capital was increased to $5,000,000. Pursuant to CBAK Trading’s amendment articles of association and relevant PRC regulations, BAK Asia was required to contribute the capital to CBAK Trading on or before August 1, 2033. Up to the date of this report, the Company has contributed $2,435,000 to CBAK Trading in cash.

On December 27, 2013, Dalian BAK Power Battery Co., Ltd was established as a wholly owned subsidiary of BAK Asia with a registered capital of $30,000,000. Pursuant to CBAK Power’s articles of association and relevant PRC regulations, BAK Asia was required to contribute the capital to CBAK Power on or before December 27, 2015. On March 7, 2017, the name of Dalian BAK Power Battery Co., Ltd was changed to Dalian CBAK Power Battery Co., Ltd (“CBAK Power”). On July 10, 2018, CBAK Power’s registered capital was increased to $50,000,000. On October 29, 2019, CBAK Power’s registered capital was further increased to $60,000,000. Pursuant to CBAK Power’s amendment articles of association and relevant PRC regulations, BAK Asia was required to contribute the capital to CBAK Power on or before December 31, 2021. Up to the date of this report, the Company has contributed ~~$29,999,978~~$60,000,000 to CBAK Power through injection of a series of patents and cash.

On May 4, 2018, CBAK New Energy (Suzhou) Co., Ltd (“CBAK Suzhou”) was established as a 90% owned subsidiary of CBAK Power with a registered capital of RMB10,000,000 (approximately ~~$1.4~~$1.5 million). The remaining 10% equity interest was held by certain employees of CBAK Suzhou. Pursuant to CBAK Suzhou’s articles of association, each shareholder is entitled to the right of the profit distribution or responsible for the loss according to its proportion to the capital contribution. Pursuant to CBAK Suzhou’s articles of association and relevant PRC regulations, CBAK Power was required to contribute the capital to CBAK Suzhou on or before December 31, 2019. Up to the date of this report, the Company has contributed RMB9.0 million (approximately $1.3 million), and the other shareholders have contributed ~~RMB1~~RMB1.0 million (approximately $0.1 million) to CBAK Suzhou through injection of a series of cash. The Company plan to dissolve CBAK Suzhou ~~is intended to be engaged~~ in ~~development and manufacture of new energy high power battery packs.~~2021.

On November 21, 2019, Dalian CBAK Energy Technology Co., Ltd (“CBAK Energy”) was established as a wholly owned subsidiary of BAK Asia with a registered capital of $50,000,000. Pursuant to CBAK Energy’s articles of association and relevant PRC regulations, BAK Asia was required to contribute the capital to CBAK Energy on or before November 20, 2022. Up to the date of this report, the Company has contributed ~~nil~~$23,519,972 to CBAK Energy. CBAK Energy will be focus on manufacture and sale of lithium batteries and lithium batteries’ materials.

On July 14, 2020, the Company acquired BAK Asia Investments Limited (“BAK Investments”), a company incorporated under Hong Kong laws, from Mr. Xiangqian Li, the Company’s former CEO, for a cash consideration of HK$1.00. BAK Asia Investments Limited is a holding company without any other business operations.

~~CBAK Energy Technology, Inc. and subsidiaries~~

~~Notes to the condensed consolidated financial statements~~

~~For the three and nine months ended September 30, 2019 and 2020~~

~~(Unaudited)~~

~~(In US$ except for number of shares)~~

1.	~~Principal Activities, Basis of Presentation and Organization (continued)~~

~~Basis of Presentation and Organization (continued)~~

On July 31, 2020, BAK Investments formed a wholly owned subsidiary CBAK New Energy (Nanjing) Co., Ltd. (“CBAK Nanjing”) in China with a registered capital of $100,000,000. Pursuant to CBAK Nanjing’s articles of association and relevant PRC regulations, BAK Investments was required to contribute the capital to CBAK Nanjing on or before July 29, 2040. Up to the date of this report, the Company has contributed ~~nil~~$55,289,915 to CBAK Nanjing.

CBAK Energy Technology, Inc. and subsidiaries

Notes to the condensed consolidated financial statements

For the three and nine months ended September 30, 2020 and 2021

(Unaudited)

(In US$ except for number of shares)

1.	Principal Activities, Basis of Presentation and Organization (continued)

Basis of Presentation and Organization (continued)

On August 6, 2020, Nanjing CBAK New Energy Technology Co., Ltd. (“Nanjing CBAK”) was established as a wholly owned subsidiary of CBAK Nanjing with a registered capital of RMB700,000,000 (approximately ~~$103~~$107 million). Pursuant to Nanjing CBAK’s articles of association and relevant PRC regulations, CBAK Nanjing was required to contribute the capital to Nanjing CBAK on or before August 5, 2040. Up to the date of this report, the Company has contributed ~~nil~~RMB334,036,155 (approximately $51.3 million) to Nanjing ~~CBAK.~~ CBAK ~~Nanjing~~through injection of a series of cash and ~~Nanjing CBAK were established to expand the Company’s business of developing, manufacturing and selling new energy high power lithium batteries.~~machines.

On November 9, 2020, Nanjing Daxin New Energy Automobile Industry Co., Ltd (“Nanjing Daxin”) was established as a wholly owned subsidiary of CBAK Nanjing with a register capital of RMB50,000,000 (approximately ~~$7.4~~$7.6 million). Up to the date of this report, the Company has contributed RMB16,416,000 (approximately $2.54 million) to Nanjing Daxin. On January 18, 2021, Nanjing Daxin established a branch in Tianjin City.

On April 21, 2021, CBAK Power, along with Shenzhen BAK Power Battery Co., Ltd (BAK SZ), Shenzhen Asian Plastics Technology Co., Ltd (SZ Asian Plastics) and Xiaoxia Liu, entered into an investment agreement with Junxiu Li, Hunan Xintao New Energy Technology Partnership, Xingyu Zhu, and Jiangsu Saideli Pharmaceutical Machinery Manufacturing Co., Ltd for an investment in Hunan DJY Technology Co., Ltd (“DJY”). CBAK Power has paid $1.4 million (RMB9,000,000) to acquire 9.74% of the equity interests of DJY. CBAK Power has appointed one director to the Board of Directors of DJY. DJY is an unrelated third party of the Company engaging in researching and manufacturing of raw materials and equipment.

On August 4, 2021, Daxin New Energy Automobile Technology ( Jiangsu) Co., Ltd (“Jiangsu Daxin”) was established as a wholly owned subsidiary of Nanjing CBAK with a register capital of RMB 30,000,000 (approximately $4.7 million). Pursuant to Jiangsu Daxin’s articles of association and relevant PRC regulations, Nanjing Daxin was required to contribute the capital to Jiangsu Daxin on or before July 30, 2061. Up to the date of this report the Company has contributed nil to Jiangsu Daxin.

The Company’s condensed consolidated financial statements have been prepared under US GAAP.

These condensed consolidated financial statements are unaudited. In the opinion of management, all adjustments and disclosures necessary for a fair presentation of these condensed consolidated financial statements, which are of a normal and recurring nature, have been included. The results reported in the condensed consolidated financial statements for any interim periods are not necessarily indicative of the results that may be reported for the entire year. The following (a) condensed consolidated balance sheet as of December 31, ~~2019,~~2020, which was derived from the Company’s audited financial statements, and (b) the unaudited condensed consolidated financial statements have been prepared pursuant to the rules and regulations of the Securities and Exchange Commission. Certain information and note disclosures normally included in annual financial statements prepared in accordance with US GAAP have been condensed or omitted pursuant to those rules and regulations, though the Company believes that the disclosures made are adequate to make the information not misleading. These unaudited condensed consolidated financial statements should be read in conjunction with the audited consolidated financial statements and accompanying footnotes of the Company for the year ended December 31, ~~2019.~~2020 filed with the SEC on April 13, 2021.

The preparation of financial statements in conformity with US GAAP requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosures of contingent assets and liabilities at the date of the financial statements and the reported amounts of revenues and expenses during the reporting periods. Actual results could differ from those estimates. This basis of accounting differs in certain material respects from that used for the preparation of the books of account of the Company’s principal subsidiaries, which are prepared in accordance with the accounting principles and the relevant financial regulations applicable to enterprises with limited liability established in the PRC or Hong Kong. The accompanying consolidated financial statements reflect necessary adjustments not recorded in the books of account of the Company’s subsidiaries to present them in conformity with US GAAP.

After the disposal of BAK International Limited and its subsidiaries, namely Shenzhen BAK, Shenzhen BAK Power Battery Co., Ltd (formerly BAK Battery (Shenzhen) Co., Ltd.) (“BAK Shenzhen”), BAK International (Tianjin) Ltd. (“BAK Tianjin”), Tianjin Chenhao Technological Development Limited (a subsidiary of BAK Tianjin established on May 8, 2014, “Tianjin Chenhao”), BAK Battery Canada Ltd. (“BAK Canada”), BAK Europe GmbH (“BAK Europe”) and BAK Telecom India Private Limited (“BAK India”), effective on June 30, 2014, and as of September 30, ~~2020,~~2021, the Company’s subsidiaries consisted of: i) China BAK Asia Holdings Limited (“BAK Asia”), a wholly owned limited liability company incorporated in Hong Kong on July 9, 2013; ii) Dalian CBAK Trading Co., Ltd. (“CBAK Trading”), a wholly owned limited company established on August 14, 2013 in the PRC; iii) Dalian CBAK Power Battery Co., Ltd. (“CBAK Power”), a wholly owned limited liability company established on December 27, 2013 in the PRC; and iv) CBAK New Energy (Suzhou) Co., Ltd. (“CBAK Suzhou”), a 90% owned limited liability company established on May 4, 2018 in the PRC, (v) Dalian CBAK Energy Technology Co, Ltd (“CBAK Energy”), a wholly owned limited liability company established on November 21, 2019 in the PRC, (vi) BAK Asia Investments Limited (“BAK Investments”), a wholly owned limited liability company incorporated in Hong Kong acquired on July 14, 2020, (vii) CBAK New Energy (Nanjing) Co., Ltd. (“CBAK Nanjing”), a wholly owned limited liability company established on July 31, 2020 in the PRC and (viii) Nanjing CBAK New Energy Technology Co., Ltd, (“Nanjing CBAK”), a wholly owned limited liability company established on August 6, 2020 in the PRC; (ix) Nanjing Daxin New Energy Automobile Industry Co., Ltd (“Nanjing Daxin”), a wholly owned limited liability company established on November 9, 2020 in the PRC; (iix) Daxin New Energy Automobile Technology ( Jiangsu) Co., Ltd (“Jiangsu Daxin”), a wholly owned limited liability company established on August 4, 2021 in the PRC.

The Company continued its business and continued to generate revenues from sale of batteries via subcontracting the production to BAK Tianjin and BAK Shenzhen, former subsidiaries before the completion of construction and operation of its facility in Dalian. BAK Tianjin ~~was a supplier~~and BAK Shenzhen are now suppliers of the Company until September 2016 when BAK Tianjin ceased production, and the Company does not have any significant benefits or liability from the operating results of BAK Tianjin and BAK Shenzhen except the normal risk with any major supplier.

CBAK Energy Technology, Inc. and subsidiaries

Notes to the condensed consolidated financial statements

For the three and nine months ended September 30, ~~2019~~2020 and ~~2020~~2021

(Unaudited)

(In US$ except for number of shares)

1.	Principal Activities, Basis of Presentation and Organization (continued)

Basis of Presentation and Organization (continued)

As of the date of this report, Mr. Xiangqian Li is no longer a director of BAK International and BAK Tianjin. He remained as a director of Shenzhen BAK and BAK Shenzhen.

On and effective March 1, 2016, Mr. Xiangqian Li resigned as Chairman, director, Chief Executive Officer, President and Secretary of the Company. On the same date, the Board of Directors of the Company appointed Mr. Yunfei Li as Chairman, Chief Executive Officer, President and Secretary of the Company. On March 4, 2016, Mr. Xiangqian Li transferred 3,000,000 shares to Mr. Yunfei Li for a price of $2.4 per share. After the share transfer, Mr. Yunfei Li held 3,000,000 shares or 17.3% and Mr. Xiangqian Li held 760,557 shares at 4.4% of the Company’s outstanding stock, respectively. As of September 30, ~~2020,~~2021, Mr. Yunfei Li held ~~10,719,205~~10,852,539 shares or ~~16.5%~~12.3% of the Company’s outstanding stock, and Mr. Xiangqian Li held none of the Company’s outstanding stock.

The Company had ~~a working capital deficiency,~~an accumulated deficit from recurring ~~net~~ losses from operations and short-term debt obligations as of December 31, ~~2019~~2020 and September 30, ~~2020.~~2021. As of December 31, 2020, the Company has a working capital deficiency of $10.5 million. These factors raise substantial doubts about the Company’s ability to continue as a going concern.

In June and July 2015, the Company received advances of approximately $9.8 million from potential investors. On September 29, 2015, the Company entered into a Debt Conversion Agreement with these investors. Pursuant to the terms of the Debt Conversion Agreement, each of the creditors agreed to convert existing loan principal of $9,847,644 into an aggregate 4,376,731 shares of common stock of the Company (“the Shares”) at a conversion price of $2.25 per share. Upon receipt of the Shares on October 16, 2015, the creditors released the Company from all claims, demands and other obligations relating to the debts. As such, no interest was recognized by the Company on the advances from investors pursuant to the supplemental agreements with investors and the Debt Conversion Agreement.

In June 2016, the Company received further advances in the aggregate of $2.9 million from Mr. Jiping Zhou and Mr. Dawei Li. These advances were unsecured, non-interest bearing and repayable on demand. On July 8, 2016, the Company received further advances of $2.6 million from Mr. Jiping Zhou. On July 28, ~~2016,~~2018, the Company entered into securities purchase agreements with Mr. Jiping Zhou and Mr. Dawei Li to issue and sell an aggregate of 2,206,640 shares of common stock of the Company, at $2.5 per share, for an aggregate consideration of approximately $5.52 million. On August 17, 2016, the Company issued these shares to the investors.

On February 17, 2017, the Company signed investment agreements with eight investors (including Mr. Yunfei Li, the Company’s CEO, and seven of the Company’s existing shareholders) whereby the investors agreed to subscribe new shares of the Company totaling $10 million. Pursuant to the investment agreements, in January 2017, ~~eight~~the 8 investors paid the Company a total of $2.06 million as ~~earnest money which need to be returned to the investors after the investment amount was delivered.~~down payments. Mr. Yunfei Li agrees to subscribe new shares of the Company totaled $1,120,000 and paid the earnest money of $225,784 in January 2017. On April 1, April 21, April 26 and May 10, 2017, the Company received $1,999,910, $3,499,888, $1,119,982 and $2,985,497 from ~~these~~the 8 investors, respectively. On May 31, 2017, the Company entered into a securities purchase agreement with these investors, pursuant to which the Company agreed to issue an aggregate of 6,403,518 shares of common stock to these investors, at a purchase price of $1.50 per share, for an aggregate price of $9.6 million, among which 746,018 shares issued to Mr. Yunfei Li. On June 22, 2017, the Company issued the shares to the investors.

In 2019, according to the investment agreements and agreed by the investors, the Company returned partial earnest money of ~~$949,317~~$966,579 (approximately RMB6.7 million) to these investors.

On January 7, 2019, each of Mr. Dawei Li and Mr. Yunfei Li entered into an agreement with CBAK Power and Tianjin New Energy whereby Tianjin New Energy assigned its rights to loans to CBAK Power of approximately $3.4 million (RMB23,980,950) and ~~$1.6~~$1.7 million (RMB11,647,890) (totaled $5.0 million, the “First Debt”) to Mr. Dawei Li and Mr. Yunfei Li, respectively.

On January 7, 2019, the Company entered into a cancellation agreement with Mr. Dawei Li and Mr. Yunfei Li. Pursuant to the terms of the cancellation agreement, Mr. Dawei Li and Mr. Yunfei Li agreed to cancel the First Debt in exchange for 3,431,373 and 1,666,667 shares of common stock of the Company, respectively, at an exchange price of $1.02 per share. Upon receipt of the shares, the creditors released the Company from any claims, demands and other obligations relating to the First Debt.

CBAK Energy Technology, Inc. and subsidiaries

Notes to the condensed consolidated financial statements

For the three and nine months ended September 30, ~~2019~~2020 and ~~2020~~2021

(Unaudited)

(In US$ except for number of shares)

1.	Principal Activities, Basis of Presentation and Organization (continued)

Basis of Presentation and Organization (continued)

On April 26, 2019, each of Mr. Jun Lang, Ms. Jing Shi and Asia EVK Energy Auto Limited (“Asia EVK”) entered into an agreement with CBAK Power and Tianjin New Energy whereby Tianjin New Energy assigned its rights to loans to CBAK Power of approximately $0.3 million (RMB2,225,082), $0.1 million (RMB 912,204) and $5.3 million (RMB35,406,036) (collectively $5.7 million, the “Second Debt”) to Mr. Jun Lang, Ms. Jing Shi and Asia EVK, respectively.

On April 26, 2019, the Company entered into a cancellation agreement with Mr. Jun Lang, Ms. Jing Shi and Asia EVK (the creditors). Pursuant to the terms of the cancellation agreement, the creditors agreed to cancel the Second Debt in exchange for 300,534, 123,208 and 4,782,163 shares of common stock of the Company, respectively, at an exchange price of $1.1 per share. Upon receipt of the shares, the creditors will release the Company from any claims, demands and other obligations relating to the Second Debt.

On June 28, 2019, each of Mr. Dawei Li and Mr. Yunfei Li entered into an agreement with CBAK Power to loans approximately $1.4 million (RMB10,000,000) and $2.6 million (RMB18,000,000) respectively to CBAK Power for a term of six months (collectively $4.0 million, the “Third Debt”). The loan was unsecured, non-interest bearing and repayable on demand.

On July 16, 2019, each of Asia EVK and Mr. Yunfei Li entered into an agreement with CBAK Power and Dalian Zhenghong Architectural Decoration and Installation Engineering Co. Ltd. (the Company’s construction contractor) whereby Dalian Zhenghong Architectural Decoration and Installation Engineering Co. Ltd. assigned its rights to the unpaid construction fees owed by CBAK Power of approximately ~~$2.9~~$2.8 million (RMB20,000,000) and ~~$0.5~~$0.4 million (RMB2,813,810) (collectively ~~$3.4~~$3.2 million, the “Fourth Debt”) to Asia EVK and Mr. Yunfei Li, respectively.

On July 26, 2019, the Company entered into a cancellation agreement with Mr. Dawei Li, Mr. Yunfei Li and Asia EVK (the creditors). Pursuant to the terms of the cancellation agreement, Mr. Dawei Li, Mr. Yunfei Li and Asia EVK agreed to cancel the Third Debt and Fourth Debt in exchange for 1,384,717, 2,938,067 and 2,769,435 shares of common stock of the Company, respectively, at an exchange price of $1.05 per share. Upon receipt of the shares, the creditors ~~will release~~released the Company from any claims, demands and other obligations relating to the Third Debt and Fourth Debt. The cancellation agreement contains customary representations and warranties of the creditors. The creditors do not have registration rights with respect to the shares.

On July 24, 2019, the Company entered into a securities purchase agreement (the “Purchase Agreement”) with Atlas Sciences, LLC (the “Lender”), pursuant to which the Company issued a promissory note (the ~~“Note”~~“Note 1”) to the Lender. The Note has an original principal amount of $1,395,000, bears interest at a rate of 10% per annum and will mature 12 months after the issuance, unless earlier paid or redeemed in accordance with its terms. The Company received proceeds of $1,250,000 after an original issue discount of $125,000 and payment of Lender’s expenses of $20,000.

On October 10, 2019, each of Mr. Shibin Mao, Ms. Lijuan Wang and Mr. Ping Shen entered into an agreement with CBAK Power and Zhengzhou BAK New Energy Vehicle Co., Ltd. (the Company’s supplier of which Mr. Xiangqian Li, the former CEO, is a director of this company) whereby Zhengzhou BAK New Energy Vehicle Co., Ltd. assigned its rights to the unpaid inventories cost owed by CBAK Power of approximately $2.1 million (RMB15,000,000), $1.0 million (RMB7,380,000) and $1.0 million (RMB7,380,000) (collectively $4.2 million, the “Fifth Debt”) to Mr. Shibin Mao, Ms. Lijuan Wang and Mr. Ping Shen, respectively.

On October 14, 2019, the Company entered into a cancellation agreement with Mr. Shangdong Liu, Mr. Shibin Mao, Ms. Lijuan Wang and Mr. Ping Shen (the creditors). Pursuant to the terms of the cancellation agreement, Mr. Shangdong Liu, Mr. Shibin Mao, Ms. Lijuan Wang and Mr. Ping Shen agreed to cancel and convert the Fifth Debt and the Unpaid Earnest Money of approximately $1 million (RMB6,720,000) in exchange for 528,053, 3,536,068, 2,267,798 and 2,267,798 shares of common stock of the Company, respectively, at an exchange price of $0.6 per share. Upon receipt of the shares, the creditors ~~will release~~released the Company from any claims, demands and other obligations relating to the Fifth Debt and the Unpaid Earnest Money. The cancellation agreement contains customary representations and warranties of the creditors. The creditors do not have registration rights with respect to the shares.

CBAK Energy Technology, Inc. and subsidiaries

Notes to the condensed consolidated financial statements

For the three and nine months ended September 30, ~~2019~~2020 and ~~2020~~2021

(Unaudited)

(In US$ except for number of shares)

1.	Principal Activities, Basis of Presentation and Organization (continued)

Basis of Presentation and Organization (continued)

On December 30, 2019, the Company entered into a second securities purchase agreement with Atlas Sciences, LLC (the “Lender”), pursuant to which the Company issued a promissory note (the “Note II”) to the Lender. The Note II has an original principal amount of $1,670,000, bears interest at a rate of 10% per annum and will mature 12 months after the issuance, unless earlier paid or redeemed in accordance with its terms. The Company received proceeds of $1,500,000 after an original issue discount of $150,000 and payment of Lender’s expenses of $20,000.

On January 27, 2020, the Company entered into an exchange agreement (the “First Exchange Agreement”) with Atlas Sciences, LLC (the “Lender”), pursuant to which the Company and the Lender agreed to (i) partition a new promissory note in the original principal amount equal to $100,000 (the “Partitioned Promissory Note) from the outstanding balance of certain promissory note that the Company issued to the Lender on July 24, 2019, which has an original principal amount of $1,395,000, and (ii) exchange the Partitioned Promissory Note for the issuance of 160,256 shares of the Company’s common stock, par value $0.001 per share to the Lender.

On February 20, 2020, the Company entered into a second exchange agreement (the “Second Exchange Agreement”) with Atlas Sciences, LLC (the “Lender”), pursuant to which the Company and the Lender agreed to (i) partition a new promissory note in the original principal amount equal to $100,000 (the “Partitioned Promissory Note”) from the outstanding balance of certain promissory note that the Company issued to the Lender on July 24, 2019, which has an original principal amount of $1,395,000, and (ii) exchange the Partitioned Promissory Note for the issuance of 207,641 shares of the Company’s common stock, par value $0.001 per share to the Lender.

On April 10, 2020, each of Mr. Yunfei Li, Mr. Ping Shen and Asia EVK entered into an agreement with CBAK Power and Shenzhen BAK, whereby Shenzhen BAK assigned its rights to the unpaid inventories cost (note 6) owed by CBAK Power of approximately $1.0 million (RMB7,000,000), $2.3 million (RMB16,000,000) and $1.0 million (RMB7,300,000) (collectively $4.3 million, the “Sixth Debt”) to Mr. Yunfei Li, Mr. Ping Shen and Asia EVK, respectively.

On April 27, 2020, the Company entered into a cancellation agreement with Mr. Yunfei Li, Mr. Ping Shen and Asia EVK (the creditors). Pursuant to the terms of the cancellation agreement, Mr. Yunfei Li, Mr. Ping Shen and Asia EVK agreed to cancel the Sixth Debt in exchange for 2,062,619, 4,714,557 and 2,151,017 shares of common stock of the Company, respectively, at an exchange price of $0.48 per share. Upon receipt of the shares, the creditors released the Company from any claims, demands and other obligations relating to the Sixth Debt. The cancellation agreement contains customary representations and warranties of the creditors. The creditors do not have registration rights with respect to the shares.

On April 28, 2020, the Company entered into a third exchange agreement (the “Third Exchange Agreement”) with Atlas Sciences, LLC (the “Lender”), pursuant to which the Company and the Lender agreed to (i) partition a new promissory note in the original principal amount equal to $100,000 (the “Partitioned Promissory Note”) from the outstanding balance of certain promissory note that the Company issued to the Lender on July 24, 2019, which has an original principal amount of $1,395,000, and (ii) exchange the Partitioned Promissory Note for the issuance of 312,500 shares of the Company’s common stock, par value $0.001 per share to the Lender.

On June 8, 2020, the Company entered into a fourth exchange agreement (the “Fourth Exchange Agreement”) with Atlas Sciences, LLC (the “Lender”), pursuant to which the Company and the Lender agreed to (i) partition a new promissory note in the original principal amount equal to $100,000 (the “Partitioned Promissory Note”) from the outstanding balance of certain promissory note that the Company issued to the Lender on July 24, 2019, which has an original principal amount of $1,395,000, and (ii) exchange the Partitioned Promissory Note for the issuance of 271,739 shares of the Company’s common stock, par value $0.001 per share to the Lender.

~~CBAK Energy Technology, Inc. and subsidiaries~~

~~Notes to the condensed consolidated financial statements~~

~~For the three and nine months ended September 30, 2019 and 2020~~

~~(Unaudited)~~

~~(In US$ except for number of shares)~~

1.	~~Principal Activities, Basis of Presentation and Organization (continued)~~

~~Basis of Presentation and Organization (continued)~~

On June 10, 2020, the Company entered into a Fifth exchange agreement (the “Fifth Exchange Agreement”) with Atlas Sciences, LLC (the “Lender”), pursuant to which the Company and the Lender agreed to (i) partition a new promissory note in the original principal amount equal to $150,000 (the “Partitioned Promissory Note”) from the outstanding balance of certain promissory note that the Company issued to the Lender on July 24, 2019, which has an original principal amount of $1,395,000, and (ii) exchange the Partitioned Promissory Note for the issuance of 407,609 shares of the Company’s common stock, par value $0.001 per share to the Lender.

On July 6, 2020, the Company entered into a Sixth exchange agreement (the “Sixth Exchange Agreement”) with Atlas Sciences, LLC (the “Lender”), pursuant to which the Company and the Lender agreed to (i) partition a new promissory note in the original principal amount equal to $250,000 (the “Partitioned Promissory Note”) from the outstanding balance of certain promissory note that the Company issued to the Lender on July 24, 2019, which has an original principal amount of $1,395,000, and (ii) exchange the Partitioned Promissory Note for the issuance of 461,595 shares of the Company’s common stock, par value $0.001 per share to the Lender.

On July 8, 2020, the Company entered into a First exchange agreement for Note II (the “First Exchange Agreement- Note II”) with Atlas Sciences, LLC (the “Lender”), pursuant to which the Company and the Lender agreed to (i) partition a new promissory note in the original principal amount equal to $250,000 (the “Partitioned Promissory Note”) from the outstanding balance of certain promissory note that the Company issued to the Lender on December 30, 2019, which has an original principal amount of $1,670,000, and (ii) exchange the Partitioned Promissory Note for the issuance of 453,161 shares of the Company’s common stock, par value $0.001 per share to the Lender.

CBAK Energy Technology, Inc. and subsidiaries

Notes to the condensed consolidated financial statements

For the three and nine months ended September 30, 2020 and 2021

(Unaudited)

(In US$ except for number of shares)

1.	Principal Activities, Basis of Presentation and Organization (continued)

Basis of Presentation and Organization (continued)

On July 29, 2020, the Company entered into a Seventh exchange agreement (the “Seventh Exchange Agreement”) with Atlas Sciences, LLC (the “Lender”), pursuant to which the Company and the Lender agreed to (i) partition a new promissory note in the original principal amount equal to $365,000 (the “Partitioned Promissory Note”) from the outstanding balance of certain promissory note that the Company issued to the Lender on July 24, 2019, which has an original principal amount of $1,395,000, and (ii) exchange the Partitioned Promissory Note for the issuance of 576,802 shares of the Company’s common stock, par value $0.001 per share to the Lender.

On October 12, 2020, the Company entered into an Amendment to Promissory Notes (the “Amendment”) with Atlas Sciences, LLC (the Lender), pursuant to which the Lender has the right at any time until the outstanding balance of the Notes has been paid in full, at its election, to convert all or any portion of the outstanding balance of the Notes into shares of common stock of the Company. The conversion price for each conversion will be calculated pursuant to the following formula: 80% multiplied by the lowest closing price of the Company common stock during the ten (10) trading days immediately preceding the applicable conversion (the “Conversion Price”). Notwithstanding the foregoing, in no event will the Conversion Price be less than $1.00.

According to the Amendment, on October 13, 2020, the Company exchange ~~$371,275~~$230,000 in principal and $141,275 coupon interest under the Note I and $775,000 principal under the Note II for the issuance of 229,750 and 479,579 shares of the Company’s common stock, par value $0.001 per share to the Lender, respectively.

On October 20, 2020, the Company further exchange ~~$778,252~~$645,000 in principal and $133,252 coupon interests under Note II for the issuance of 329,768 shares of the Company’s common stock, par value $0.001 per share to the Lender. Up to the date of this report, the Company has fully repaid the principal and coupon interests of Note I and Note II.

On November 5, 2020, each of Tillicum Investment Company Limited, an unrelated party, entered into an agreement with CBAK Nanjing and Shenzhen ESTAR Industrial Company Limited, whereby Shenzhen ESTAR Industrial Company Limited assigned its rights to the unpaid equipment cost owed by CBAK Nanjing of approximately $11.17 million (RMB75,000,000) (the “Seventh Debt”) to Tillicum Investment Company Limited.

On November 11, 2020, the Company entered into a cancellation agreement with Tillicum Investment Company Limited (the “creditor”). Pursuant to the terms of the cancellation agreement, Tillicum Investment Company Limited agreed to cancel the Seventh Debt in exchange for 3,192,291 shares of common stock of the Company, at an exchange price of $3.5 per share. Upon receipt of the shares, the creditor released the Company from any claims, demands and other obligations relating to the Seventh Debt. The cancellation agreement contains customary representations and warranties of the creditor. The creditor does not have registration rights with respect to the shares.

On December 8, 2020, the Company entered into a securities purchase agreement with certain institutional investors, pursuant to which the Company issued in a registered direct offering, an aggregate of 9,489,800 shares of common stock of the Company at a per share purchase price of $5.18, and warrants to purchase an aggregate of 3,795,920 shares of common stock of the Company at an exercise price of $6.46 per share exercisable for 36 months from the date of issuance, for gross proceeds of approximately $49.16 million, before deducting fees to the placement agent and other offering expenses of $3.81 million. In addition, the placement agent for this transaction also received warrants (“Placement Agent Warrants”) for the purchase of up to 379,592 shares of the Company’s common stock at an exercise price of $6.475 per share exercisable for 36 months after 6 months from the issuance.

On February 8, 2021, the Company entered into another securities purchase agreement with the same investors, pursuant to which the Company issued in a registered direct offering, an aggregate of 8,939,976 shares of common stock of the Company at a per share purchase price of $7.83. In addition, the Company issued to the investors (i) in a concurrent private placement, the Series A-1 warrants to purchase a total of 4,469,988 shares of common stock, at a per share exercise price of $7.67 and exercisable for 42 months from the date of issuance; (ii) in the registered direct offering, the Series B warrants to purchase a total of 4,469,988 shares of common stock, at a per share exercise price of $7.83 and exercisable for 90 days from the date of issuance; and (iii) in the registered direct offering, the Series A-2 warrants to purchase up to 2,234,992 shares of common stock, at a per share exercise price of $7.67 and exercisable for 45 months from the date of issuance. The Company received gross proceeds of approximately $70 million from the registered direct offering and the concurrent private placement, before deducting fees to the placement agent and other offering expenses of $5.0 million. In addition, the placement agent for this transaction also received warrants (“Placement Agent Warrants”) for the purchase of up to 446,999 shares of the Company’s common stock at an exercise price of $9.204 per share exercisable for 36 months after 6 months from the issuance.

On May 10, 2021, the Company entered into that Amendment No. 1 to the Series B Warrant (the “Series B Warrant Amendment”) with each of the holders of the Company’s outstanding Series B warrants. Pursuant to the Series B Warrant Amendment, the term of the Series B warrants was extended from May 11, 2021 to August 31, 2021.

As of September 30, ~~2020,~~2021, the Company had ~~aggregate interest-bearing~~nil bank loans ofand approximately ~~$26.6 million, due in 2020 to 2021, in addition to approximately $45.1~~$38.9 million of other current ~~liabilities.~~liabilities (excluding warrants derivative liability).

~~As of September 30, 2020, the Company had unutilized committed banking facilities of $7.1 million.~~

The Company is currently expanding its product lines and manufacturing capacity in its Dalian and Nanjing plant, which requires more funding to finance the expansion. The Company plans to raise additional funds through banks ~~borrowings~~borrowing and equity financing in the future to meet its daily cash demands, if required.

~~CBAK Energy Technology, Inc. and subsidiaries~~

~~Notes to the condensed consolidated financial statements~~

~~For the three and nine months ended September 30, 2019 and 2020~~

~~(Unaudited)~~

~~(In US$ except for number of shares)~~

1.	~~Principal Activities, Basis of Presentation and Organization (continued)~~

~~Basis of Presentation and Organization (continued)~~

However, there can be no assurance that the Company will be successful in obtaining further financing. The Company expects that it will be able to secure more potential orders from the new energy market, especially from the electric car market. The Company believes that with the booming future market demand in high power lithium ion products, it can continue as a going concern and return to profitability.

The accompanying condensed consolidated financial statements have been prepared assuming the Company will continue to operate as a going concern, which contemplates the realization of assets and the settlement of liabilities in the normal course of business. The consolidated financial statements do not include any adjustments to reflect the possible future effects on the recoverability and classification of assets or the amounts and classification of liabilities that may result from the outcome of this uncertainty related to the Company’s ability to continue as a going concern.

Beginning in 2020, a strain of novel coronavirus (“COVID-19”) has spread globally and at this point, the extent to which the COVID-19 may adversely impact the operations of the Company is uncertain. The extent of the adverse impact of the COVID-19 on the Company’s business and operations will depend on several factors, such as the duration, severity, and geographic spread of the pandemic, development of the testing and treatment and stimulus measures of the government. The Company is monitoring and assessing the evolving situation closely and evaluating its potential exposure. The operating results for the nine months ended September 30, 2020 may not be indicative of the future operating results for the fiscal year ending December 31, 2020 or other future periods, particularly in light of the uncertain impact COVID-19 could have on the Company’s business.

CBAK Energy Technology, Inc. and subsidiaries

Notes to the condensed consolidated financial statements

For the three and nine months ended September 30, 2020 and 2021

(Unaudited)

(In US$ except for number of shares)

1.	Principal Activities, Basis of Presentation and Organization (continued)

Revenue Recognition

The Company recognizes revenues when its customer obtains control of promised goods or services, in an amount that reflects the consideration which it expects to receive in exchange for those goods. The Company recognizes revenues following the five step model prescribed under ASU No. 2014-09: (i) identify contract(s) with a customer; (ii) identify the performance obligations in the contract; (iii) determine the transaction price; (iv) allocate the transaction price to the performance obligations in the contract; and (v) recognize revenues when (or as) we satisfy the performance obligation.

Revenues from product sales are recognized when the customer obtains control of the Company’s product, which occurs at a point in time, typically upon delivery to the customer. The Company expenses incremental costs of obtaining a contract as and when incurred if the expected amortization period of the asset that it would have recognized is one year or less or the amount is immaterial.

Revenues from product sales are recorded net of reserves established for applicable discounts and allowances that are offered within contracts with the Company’s customers.

Product revenue reserves, which are classified as a reduction in product revenues, are generally characterized in the categories: discounts and returns. These reserves are based on estimates of the amounts earned or to be claimed on the related sales and are classified as reductions of accounts receivable as the amount is payable to the Company’s customer.

Recently Adopted Accounting Standards

In December 2019, the Financial Accounting Standards Board (the “FASB”) issued ASU 2019-12, Simplifying the Accounting for Income Taxes, which simplifies the accounting for income taxes, eliminates certain exceptions within ASC 740, Income Taxes, and clarifies certain aspects of the current guidance to promote consistent application among reporting entities. Upon adoption, the Company must apply certain aspects of this standard retrospectively for all periods presented while other aspects are applied on a modified retrospective basis through a cumulative-effect adjustment to retained earnings as of the beginning of the fiscal year of adoption. The Company applied the new standard beginning January 1, 2021. The adoption of ASU 2019-12 did not have any impact on the Company’s condensed consolidated financial statement presentation or disclosures.

In August ~~2018,~~2020, the FASB issued ASU ~~2018-13, Fair Value Measurement (Topic 820): Disclosure Framework-Changes~~No. 2020-06 (“ASU 2020-06”) “Debt—Debt with Conversion and Other Options (Subtopic 470-20) and Derivatives and Hedging—Contracts in Entity’s Own Equity (Subtopic 815-40).” ASU 2020-06 reduces the number of accounting models for convertible debt instruments by eliminating the cash conversion and beneficial conversion models. As a result, a convertible debt instrument will be accounted for as a single liability measured at its amortized cost as long as no other features require bifurcation and recognition as derivatives. For contracts in an entity’s own equity, the type of contracts primarily affected by this update are freestanding and embedded features that are accounted for as derivatives under the current guidance due to a failure to meet the ~~Disclosure Requirements for Fair Value Measurement, which modifies~~settlement conditions of the ~~disclosure~~derivative scope exception. This update simplifies the related settlement assessment by removing the requirements ~~for Level 1, Level 2~~to (i) consider whether the contract would be settled in registered shares, (ii) consider whether collateral is required to be posted, and ~~Level 3 instruments in the fair value hierarchy. The guidance~~(iii) assess shareholder rights. ASU 2020-06 is effective for fiscal years beginning after December 15, ~~2019, and interim periods within those~~2023. Early adoption is permitted, but no earlier than fiscal years ~~with early adoption permitted for any eliminated or modified disclosures.~~beginning after December 15, 2020, and only if adopted as of the beginning of such fiscal year. The Company ~~applied the new standard beginning~~adopted ASU 2020-06 effective January 1, ~~2020.~~2021. The adoption of ASU 2020-06 did not have any impact on the Company’s condensed consolidated financial statement presentation or disclosures.

Recently Issued Accounting Standards

In June 2016, the FASB issued ASU No. 2016-13, Financial Instruments-Credit Losses (Topic 326), which requires entities to measure all expected credit losses for financial assets held at the reporting date based on historical experience, current conditions, and reasonable and supportable forecasts. This replaces the existing incurred loss model and is applicable to the measurement of credit losses on financial assets measured at amortized cost. This guidance is is to be adopted on a modified retrospective basis. As a smaller reporting company, ASU 2016-13 will be effective for ~~fiscal years,~~the Company for interim and ~~interim~~annual reporting periods ~~within those fiscal years,~~ beginning after December 15, ~~2019. Early application will be permitted for all entities for fiscal years, and interim periods within those fiscal years, beginning after December 15, 2018. The~~2022.The Company is currently evaluating the impact that the standard will have on its consolidated financial statements and related disclosures.

~~CBAK Energy Technology, Inc. and subsidiaries~~

~~Notes to the condensed consolidated financial statements~~

~~For the three and nine months ended September 30, 2019 and 2020~~

~~(Unaudited)~~

~~(In US$ except for number of shares)~~

1.	~~Principal Activities, Basis of Presentation and Organization (continued)~~

~~Recently Issued Accounting Standards (continued)~~

In ~~December 2019,~~May 2021, the FASB issued ASU ~~2019-12, Simplifying the Accounting for Income Taxes, which simplifies the accounting for income taxes, eliminates certain exceptions within ASC 740, Income Taxes,~~2021-04, Earnings Per Share (Topic 260), Debt — Modifications and clarifies certain aspects of the current guidance to promote consistent application among reporting entities. The guidance is effective for fiscal years beginning after December 15, 2020, and interim periods within those fiscal years, with early adoption permitted. Upon adoption, the Company must apply certain aspects of this standard retrospectively for all periods presented while other aspects are applied on a modified retrospective basis through a cumulative-effect adjustment to retained earnings as of the beginning of the fiscal year of adoption. The Company is evaluating the impact this update will have on its financial statements.

~~In March 2020, the FASB issued ASU 2020-04, Reference Rate Reform~~Extinguishments (Subtopic 470-50), Compensation — Stock Compensation (Topic ~~848) (Topic~~ 718): Improvemen20-04 contains practical expedients for reference rate reform related activities that impact debt, leases, derivatives and other contracts. The guidance in ASU 2020-04 is optional and may be elected over time as reference rate reform activities occur. The Company continues to evaluate the impact of the guidance and may apply the elections as applicable as changes in the market occur.

~~In August 2020, the FASB issued ASU 2020-06, Debt - Debt with Conversion and Other Options (Subtopic 470- 20)~~, and Derivatives and Hedging -— Contracts in Entity’s Own Equity (Subtopic 815-40): Issuer’s Accounting for ~~Convertible Instruments and Contracts in~~Certain Modifications or Exchanges of Freestanding Equity-Classified Written Call Options (“ASU 2021-04”). ASU 2021-04 provides guidance as to how an Entity’s Own Equity (“ASU 2020-06”), which simplifies the accounting for certain financial instruments with characteristics of liabilities and equity. This ASU (1) simplifies the accounting for convertible debt instruments and convertible preferred stock by removing the existing guidance in ASC 470-20, Debt: Debt with Conversion and Other Options, that requires entities toissuer should account for ~~beneficial conversion features~~a modification of the terms or conditions or an exchange of a freestanding equity-classified written call option (i.e., a warrant) that remains classified after modification or exchange as an exchange of the original instrument for a new instrument. An issuer should measure the effect of a modification or exchange as the difference between the fair value of the modified or exchanged warrant and ~~cash conversion features in~~the fair value of that warrant immediately before modification or exchange and then apply a recognition model that comprises four categories of transactions and the corresponding accounting treatment for each category (equity issuance, debt origination, debt modification, and modifications unrelated to equity ~~separately from the host convertible~~issuance and debt origination or preferred stock; (2) revises the scope exception from derivative accounting in ASC 815-40 for freestanding financial instruments and embedded features that are both indexed to the issuer’s own stock and classified in stockholders’ equity, by removing certain criteria required for equity classification; and (3) revises the guidance in ASC 260, Earnings Per Share, to require entities to calculate diluted earnings per share (EPS) for convertible instruments by using the if-converted method. In addition, entities must presume share settlement for purposes of calculating diluted EPS when an instrument may be settled in cash or shares.

~~For SEC filers, excluding smaller reporting companies,~~modification). ASU ~~2020-06~~2021-04 is effective for all entities for fiscal years beginning after December 15, 2021, including interim periods within those fiscal years. An entity should apply the guidance provided in ASU 2021-04 prospectively to modifications or exchanges occurring on or after the effective date. Early adoption is permitted ~~but no earlier than fiscal years beginning after December 15, 2020. For~~for all ~~other~~ entities, including adoption in an interim period. If an entity elects to early adopt ASU ~~2020-06 is effective for fiscal years beginning after December 15, 2023, including~~2021-04 in an interim ~~periods within those fiscal years. Entities should adopt~~period, the guidance should be applied as of the beginning of the fiscal year ~~of adoption and cannot adopt the guidance in an~~that includes that interim ~~reporting~~ period. The ~~Company~~adoption of ASU 2021-04 is ~~currently evaluating~~not expected to have any impact on the ~~impact that ASU 2020-06 may have on its~~Company’s condensed consolidated financial ~~statements and related~~statement presentation or disclosures.

Other accounting standards that have been issued or proposed by the FASB or other standards-setting bodies that do not require adoption until a future date are not expected to have a material impact on the Company’s condensed consolidated financial statements upon adoption.

CBAK Energy Technology, Inc. and subsidiaries

Notes to the condensed consolidated financial statements

For the three and nine months ended September 30, ~~2019~~2020 and ~~2020~~2021

(Unaudited)

(In US$ except for number of shares)

2.	Pledged deposits

2.	~~Pledged deposits~~

Pledged deposits as of December 31, ~~2019~~2020 and September 30, ~~2020~~2021 consisted of the following:

December 31, September 30,
2019 2020
Pledged deposits with bank for:
Bills payable $ 4,021,255 $ 6,488,306
Others* 1,499,736 115,116
$ 5,520,991 $ 6,603,422

	December 31,		September 30,
	2020		2021
Pledged deposits with bank for:
Bills payable	$	8,791,499	$	15,552,996
Others*		198,249		-
	$	8,989,748	$	15,552,996

On July 7, 2016, Shenzhen Huijie Purification System Engineering Co., Ltd (“Shenzhen Huijie”), one of the Company’s contractors, filed a lawsuit against CBAK Power in the Peoples’ Court of Zhuanghe City, Dalian for the failure to pay pursuant to the terms of the contract and for entrusting part of the project to a third party without their prior consent. The plaintiff sought a total amount of $1,241,648 (RMB8,430,792), including construction costs of $0.9 million (RMB6.1 million), interest of $29,455 (RMB0.2 million) and compensation of $0.3 million (RMB1.9 million), which were already accrued for as of September 30, 2016. On September 7, 2016, upon the request of Shenzhen Huijie, the Court froze CBAK Power’s bank deposits totaling $1,241,648 (RMB8,430,792) for a period of one year. On September 1, 2017, upon the request of Shenzhen Huijie, the Court froze the bank deposits for another one year until August 31, 2018. The Court further froze the bank deposits for another one year until August 27, 2019 upon the request of Shenzhen Huijie on August 27, 2018. On August 27, 2019, the Court again froze the bank deposits for another one year until August 27, 2020, upon the request of Shenzhen Huijie. On June 28, 2020, the Court of Dalian entered the final judgement and the frozen bank deposit was released in July 2020.

On July 25, 2019, CBAK Power received notice from Shenzhen Court of International Arbitration that Shenzhen Xinjiatuo Automobile Technology Co., Ltd filed arbitration against the Company for the failure to pay pursuant to the terms of the contract. The plaintiff sought a total amount of $0.16 million (RMB1,112,269), including equipment cost of $0.14 million (RMB976,000) and interest of $0.02 million (RMB136,269). On August 9, 2019, upon the request of Shenzhen Xinjiatuo Automobile Technology Co., Ltd, Shenzhen Court of International Arbitration froze CBAK Power’s bank deposits totaling $0.16 million (RMB1,117,269) for a period of one year to August 2020. In early July 2020, Shenzhen Court of International Arbitration made arbitration award dismissing the plaintiff’s claim and CBAK Power’s counterclaim and the bank deposits was released in early August 2020.

In early September of 2019, several employees of CBAK Suzhou filed arbitration with Suzhou Industrial Park Labor Disputes Arbitration Commission against CBAK Suzhou for failure to pay their salaries in time. The employees seek for a payment including salaries of $94,015 (RMB638,359) and compensation of $79,971 (RMB543,000), totaling $0.17 million (RMB1,181,359). In addition, upon the request of the employees for property preservation, bank deposit of $0.17 million (RMB1,181,359) was frozen by the court of Suzhou for a period of one year. On September 5, 2019, CBAK Suzhou and the employees reached an agreement that CBAK Suzhou will pay these salaries and compensation. In February 2020, the Company fully repaid the salaries and compensation. As of September 30, 2020, $6 (RMB43) was frozen by bank.

In November 2019, CBAK Suzhou received notice from Court of Suzhou city that Suzhou Industrial Park Security Service Co., Ltd (“Suzhou Security”) filed a lawsuit against CBAK Suzhou for the failure to pay pursuant to the terms of the sales contract. Suzhou Security sought a total amount of ~~$20,576~~$21,672 (RMB139,713), including services expenses amount of ~~$20,458~~$21,547 (RMB138,908) and interest of ~~$119~~$125 (RMB805). Upon the request of Suzhou Security for property preservation, the Court of Suzhou froze CBAK Suzhou’s bank deposits totaling $0.02 million (RMB150,000) for a period of one year. As of ~~September 30, 2020, $4,857 (RMB32,980) was frozen by bank and the Company had accrued the service cost of $20,576 (RMB139,713).~~

In December 2019, CBAK Power received notice from Court of Zhuanghe that Dalian Construction Electrical Installation Engineering Co., Ltd. (“Dalian Construction”) filed a lawsuit against CBAK Power for the failure to pay pursuant to the terms of the construction contract. Dalian Construction sought a total amount of $101,780 (RMB691,086) and interest $1,905 (RMB12,934). As of December 31, 2019, the Company has accrued the construction cost of $101,780 (RMB691,086). Upon the request of Dalian Construction for property preservation, the Court of Zhuanghe ordered to freeze CBAK Power’s bank deposits totaling $103,685 (RMB704,020) for a period of one year to December 2020. As of December 31, 2019, $97,384 (RMB661,240)2020, $5,062 (RMB33,048) was frozen by bank. ~~In January 2020,~~ CBAK Power ~~and Dalian Construction have come to a settlement,~~settled the amount due in July 2021, and the frozen bank ~~deposit was~~deposits were then released. ~~CBAK Power has settled the construction cost and related interests as of September 30, 2020.~~

~~CBAK Energy Technology, Inc. and subsidiaries~~

~~Notes to the condensed consolidated financial statements~~

~~For the three and nine months ended September 30, 2019 and 2020~~

~~(Unaudited)~~

~~(In US$ except for number of shares)~~

2.	~~Pledged deposits (continued)~~

On March 20, 2020, CBAK Power received notice from Court of Nanpi County, Hebei Province that Cangzhou Huibang Engineering Manufacturing Co., Ltd (“Cangzhou Huibang”) filed a lawsuit against CBAK Power for the failure to pay pursuant to the terms of the purchase contract. Cangzhou Huibang sought a total amount of ~~$0.3~~$0.31 million (RMB2,029,594), including materials purchase cost of $0.3 million (RMB1,932,947), and interest of ~~$14,234~~$14,804 (RMB96,647). As of ~~September 30,~~December 31, 2020, the Company has accrued materials purchase cost of $0.3 million (RMB1,932,947). Upon the request of Cangzhou Huibang for property preservation, the Court of Nanpi ordered to freeze CBAK Power’s bank deposits totaling $0.4 million (RMB2,650,000) for a period of ~~one~~two year to March ~~3, 2020.~~2, 2022. As of ~~September 30,~~December 31, 2020, ~~$3,280 (RMB22,270)~~$18,518 (RMB120,898) was frozen by bank. In March 2021, CBAK Power had made full payment and bank deposit was released.

In ~~May~~February 2020, CBAK Power received notice from Court of ~~Dalian Economic and Technology Development Zone~~Zhuanghe that ~~Tianjin Changxing Metal~~Dongguan Shanshan Battery Material Co., Ltd (“~~Tianjin Changxing”~~Dongguan Shanshan”) filed a lawsuit against CBAK Power for the failure to pay pursuant to the terms of the purchase contract. ~~Tianjin Changxing~~Dongguan Shanshan sought a total amount of ~~$28,511 (RMB193,588)~~$0.7 million (RMB4,434,209). ~~On August 24, 2020, upon~~Upon the request of ~~Tianjin Changxing~~Dongguan Shanshan for property preservation, the Court of ~~Dalian Economic and Technology Development Zone~~Zhuanghe ordered to freeze CBAK Power’s bank deposits totaling ~~$31,648 (RMB214,892)~~$0.7 million (RMB4,434,209) for a period of one ~~year.~~year to December 17, 2020. In July 2020, CBAK Power and Dongguan Shanshan have come to a settlement amount of $0.6 million (RMB3,635,192) and the bank deposit was then released. In October 2020, CBAK Power fail to pay according to the settlement, Dongguan Shanshan sought a total amount of $0.6 million (RMB3,635,192). Upon the request of Dongguan Shanshan for property preservation, the Court of Zhuanghe ordered to freeze CBAK Power’s bank deposits totaling $0.6 million (RMB3,365,192) for a period of one year to October 21, 2021. As of ~~September 30,~~December 31, 2020, ~~$1,691 (RMB11,479)~~$55,230 (RMB360,576) was frozen by ~~bank~~bank. In late February 2021, CBAK Power and Dongguan Shanshan entered into a settlement agreement that CBAK would pay $260,393, $76,586, $76,586, $76,586, and $32,088 (RMB1,700,000, RMB500,000, RMB500,000, RMB500,000 and RMB209,487) by March 5, March 31, April 30, May 31 and June 30, 2021, respectively, and after the first payment of RMB 1,700,000 by March 5, 2021, Dongguan Shanshan would release all the enforcement measures against CBAK Power. CBAK Power had made full payment on time and the ~~Company had accrued the material purchase cost of $28,511 (RMB193,588).~~bank deposit was then release.

In June 2020, CBAK Power received notice from Court of Dalian Economic and Technology Development Zone that Nanjing Jinlong Chemical Co., Ltd. (“Nanjing Jinlong”) filed a lawsuit against CBAK Power for the failure to pay pursuant to the terms of the purchase contract. Nanjing Jinlong sought a total amount of ~~$121,060~~$125,443 (RMB822,000). Upon the request of Nanjing Jinlong for property preservation, the Court of Dalian Economic and Technology Development Zone ordered to freeze CBAK Power’s bank deposits totaling ~~$121,060~~$125,443 (RMB822,000) for a period of one year. As of ~~September 30,~~December 31, 2020, $16 (RMB107) was frozen by bank and the Company had accrued the material purchase cost of ~~$121,060~~$125,443 (RMB822,000). In April 2021, CBAK Power has mad full settlement to Nanjing Jinlong and the property preservation was then released.

CBAK Energy Technology, Inc. and subsidiaries

Notes to the condensed consolidated financial statements

For the three and nine months ended September 30, 2020 and 2021

(Unaudited)

(In US$ except for number of shares)

2.	Pledged deposits (continued)

In June 2020, CBAK Power received notice from Court of Dalian Economic and Technology Development Zone that Xi’an Anpu New Energy Technology Co. LTD (“Xi’an Anpu”) filed a lawsuit against CBAK Power for the failure to pay pursuant to the terms of the equipment purchase contract. Xi’an Anpu sought a total amount of ~~$124,294~~$129,270 (RMB843,954), including ~~RMB768,000~~$117,636 (RMB768,000) for equipment cost and ~~RMB75,954~~$11,634 (RMB75,954) for liquidated ~~damages). As of September 30, 2020, the Company has accrued the equipment cost of $113,108 (RMB768,000).~~damages. Upon the request of Xi’an Anpu for property preservation, the Court of Dalian Economic and Technology Development Zone ordered to freeze CBAK Power’s bank deposits $0.1 million (RMB843,954) for a period to May 11, 2021. As of ~~September 30,~~December 31, 2020, ~~$92,727 (RMB629,620)~~$98,284 (RMB641,656) was frozen by ~~bank and the Company had accrued the equipment purchase cost of $113,108 (RMB768,000).~~bank. The property preservation was released on February 25, 2021 upon CBAK Power settlement.

In May 2020, CBAK Power received notice from Court of Wuqing District, Tianjin that Tianjin Changyuan Electric Material Co., Ltd (“Tianjin Changyuan”) filed lawsuit against CBAK Power for failure to pay pursuant to the terms of the purchase contract. The plaintiff sought a total amount of ~~$12,538~~$13,040 (RMB85,136), including material cost of ~~$11,698~~$12,166 (RMB79,429) and interest of ~~$840~~$874 (RMB5,707). In July, 2020, upon the request of the plaintiff for property preservation, the Court of Wuqing District, Tianjin ordered to freeze CBAK Power’s bank deposits totaling ~~$12,538~~$13,041 (RMB85,136) for a period of one year. As of ~~September 30,~~December 31, 2020, ~~$12,538~~$13,041 (RMB85,136) was frozen by ~~bank~~bank. CBAK Power had made full payment in March, 2021 and the property preservation was then released.

In October 2020, CBAK Power received a notice from Court of Dalian Economic and Technology Development Zone that Jiuzhao New Energy Technology Co., Ltd. (“Jiuzhao”) filed a lawsuit against CBAK Power for failure to pay pursuant to the terms of certain purchase contract. Jiuzhao sought a total amount of $0.9 million (RMB6.0 million), including material cost of $0.9 million (RMB5,870,267) and interest of $19,871 (RMB129,732). Upon the request of the plaintiff for property preservation, the Court of Dalian Economic and Technology Development Zone, Jiuzhao ordered to freeze CBAK Power’s bank deposits totaling $0.9 million (RMB6.0 million) for a period to September 17, 2021. As of December 31, 2020, $5,874 (RMB38,346) was frozen by bank. CBAK Power has fully paid off the debts to Jiuzhao, and the frozen bank deposits were released in April 2021.

In October 2019, CBAK Power received notice from Court of Changshou District, Chongqing that Chongqing Zhongrun Chemistry Co., Ltd (“Chongqing Zhongrun”) filed arbitration claims against the Company for failure to pay pursuant to the terms of the contract. The plaintiff sought a total amount of $0.4 million (RMB2,484,948), including material cost of $0.4 million (RMB2,397,660) and interest of $13,370 (RMB87,288). On October 31, 2019, CBAK Power and Chongqing Zhongrun reached an agreement that CBAK Power would pay the material cost by the end of December 31, 2019. In 2020, CBAK Power had paid $198,144 (RMB1,293,600). In August 2020, upon the request of Chongqing Zhongrun for property preservation, the Court of Changshou District ordered to freeze CBAK Power’s bank deposits totaling $0.2 million (RMB1,249,836) for a period of one year to August 2021. As of December 31, 2020, the Company has accrued the remaining material purchase cost of ~~$12,538 (RMB85,136).~~$0.2 million (RMB1,104,007) and $2,224 (RMB14,521) was frozen by bank. The property preservation was released in March, 2021 upon CBAK Power settlement.

CBAK Energy Technology, Inc. and subsidiaries

Notes to the condensed consolidated financial statements

For the three and nine months ended September 30, ~~2019~~2020 and ~~2020~~2021

(Unaudited)

(In US$ except for number of shares)

3.	Trade Accounts and Bills Receivable, net

Trade accounts and bills receivable as of December 31, ~~2019~~2020 and September 30, ~~2020~~2021 consisted of the following:

December 31, September 30,
2019 2020
Trade accounts receivable $ 12,517,626 $ 23,664,220
Less: Allowance for doubtful accounts (4,650,686 ) (4,834,640 )
7,866,940 18,829,580
Bills receivable 85,480 252
$ 7,952,420 $ 18,829,832

	December 31,			September 30,
	2020			2021
Trade accounts receivable	$	33,305,997		$	26,874,297
Less: Allowance for doubtful accounts		(5,266,828	)		(4,894,614	)
		28,039,169			21,979,683
Bills receivable		1,532,105			251,759
	$	29,571,274		$	22,231,442

Included in trade accounts and bills receivables are retention receivables of ~~$2,159,356~~$1,896,068 and ~~$2,200,583~~$1,897,891 as of December 31, ~~2019~~2020 and September 30, ~~2020.~~2021. Retention receivables are interest-free and recoverable either at the end of the retention period of three to five ~~years.~~years since the sales of the EV batteries or 200,000 km since the sales of the motor vehicles (whichever comes first).

An analysis of the allowance for doubtful accounts is as follows:

September 30, September 30,
2019 2020
Balance at beginning of period $ 3,657,173 $ 4,650,686
Provision for the period 735,619 981,241
Reversal - recoveries by cash (292,599 ) (917,707 )
Charged to consolidated statements of operations and comprehensive (loss) income 443,020 63,534
Foreign exchange adjustment (156,210 ) 120,420
Balance at end of period $ 3,943,983 $ 4,834,640

	September 30,			September 30,
	2020			2021
Balance at beginning of period	$	4,650,686		$	5,266,828
Provision for the period		981,241			-
Reversal - recoveries by cash		(917,707	)		(437,475	)
Charged to consolidated statements of operations and comprehensive (loss) income		63,534			(437,475	)
Foreign exchange adjustment		120,420			65,261
Balance at end of period	$	4,834,640		$	4,894,614

4.	Inventories

Inventories as of December 31, ~~2019~~2020 and September 30, ~~2020~~2021 consisted of the following:

December 31, September 30,
2019 2020
Raw materials $ 482,836 $ 408,288
Work in progress 1,254,490 931,717
Finished goods 6,929,388 2,279,527
$ 8,666,714 $ 3,619,532

	December 31,		September 30,
	2020		2021
Raw materials	$	757,857	$	2,820,938
Work in progress		2,338,342		3,597,165
Finished goods		2,156,646		2,831,352
	$	5,252,845	$	9,249,455

During the three months ended September 30, ~~2019~~2020 and ~~2020,~~2021, write-downs of inventories to lower of cost or net realizable value of ~~nil~~$267,117 and ~~$267,117,~~$324,984, respectively, were charged to cost of revenues.

During the nine months ended September 30, ~~2019~~2020 and ~~2020,~~2021, write-downs of inventories to lower of cost or net realizable value of ~~$557,668~~$724,156 and ~~$724,156,~~$663,041, respectively, were charged to cost of revenues.

5.	Prepayments and Other Receivables

Prepayments and other receivables as of December 31, ~~2019~~2020 and September 30, ~~2020~~2021 consisted of the following:

December 31, September 30,
2019 2020
Value added tax recoverable $ 4,124,624 $ 3,319,168
Prepayments to suppliers 60,090 319,056
Deposits 63,184 42,907
Staff advances 53,731 69,407
Prepaid operating expenses 317,151 484,230
Others 124,133 127,032
4,742,913 4,361,800
Less: Allowance for doubtful accounts (7,000 ) (7,000 )
$ 4,735,913 $ 4,354,800

	December 31,			September 30,
	2020			2021
Value added tax recoverable	$	4,524,475		$	5,016,628
Loan receivables *		1,358,637			-
Prepayments to suppliers		424,311			2,831,442
Deposits		17,385			3,226
Staff advances		67,867			79,380
Prepaid operating expenses		529,401			766,274
Others		524,468			1,025,628
		7,446,544			9,722,578
Less: Allowance for doubtful accounts		(7,000	)		(7,000	)
	$	7,439,544		$	9,715,578

Nanjing CBAK entered into a loan agreement with Shen Zhen Asian Plastics Technology Co., Ltd (SZ Asian Plastics), to loan SZ Asian Plastics a total amount of $1.4 million (RMB8,870,000) for a period of 6 months from December 1, 2020 to May 31, 2021. The loan was unsecured and bearing fixed interest at 6% per annum. The Company’s shareholder Mr. Jiping Zhao, holding 2.39% equity interest in the Company, at the same time held 79.13% equity interests in SZ Asian Plastics. In March 2021, SZ Asian Plastics has fully repaid the loan principal.

CBAK Energy Technology, Inc. and subsidiaries

Notes to the condensed consolidated financial statements

For the three and nine months ended September 30, ~~2019~~2020 and ~~2020~~2021

(Unaudited)

(In US$ except for number of shares)

Acquisition of a subsidiary and Hitrans Loan

	December 31,		September 30,
	2020		2021
Deposits paid for acquisition of a subsidiary	$	-	$	8,349,118

	December 31,		September 30,
	2020		2021
Hitrans Loan	$	-	$	20,326,775

On April 1, 2021, CBAK Power entered into a framework investment agreement with Hangzhou Juzhong Daxin Asset Management Co., Ltd.(“Juzhong Daxin”) for a potential acquisition of Zhejiang Hitrans Lithium Battery Technology Co., Ltd (“Hitrans”, formerly known as Zhejinag MeiduHitrans Lithium Battery Technology Co., Ltd). Juzhong Daxin is the trustee of 85% of equity interests of Hitrans and has the voting right and right to dividend over the 85% of equity interests. Subject to definitive acquisition agreements to be entered into among the parties, including shareholders owning the 85% of equity interests of Hitrans, CBAK Power intends to acquire 85% of equity interests of Hitrans in cash in 2021. CBAK Power has paid $3.10 million (RMB20,000,000) to Juzhong Daxin as a security deposit in April 2021. Hitrans is an unrelated third party of the Company engaging in researching, manufacturing and trading of raw materials and is one of the major suppliers of the Company in fiscal 2020.

On July 20, 2021, CBAK Power entered into a framework agreement relating to CBAK Power’s investment in Hitrans, pursuant to which CBAK Power will acquire 81.56% of the equity interests of Hitrans (the “Acquisition Agreement”). Under the Acquisition Agreement, CBAK Power will acquire 60% ownership of Hitrans from Zhejiang Meidu Graphene Technology Co., Ltd. (“Meidu Graphene”) valued at RMB118 million ($18.30 million) and 21.56% ownership of Hitrans from Hitrans’s management shareholders valued at approximately RMB40.74 million ($6.32 million). Two individuals among Hitrans management shareholders, including Hitrans’s CEO, Mr. Haijun Wu (“Mr. Wu”), will keep 2.50% ownership of Hitrans and New Era Group Zhejiang New Energy Materials Co., Ltd. (“New Era”) will continue to hold 15% ownership of Hitrans after the acquisition.

As of the date of the Acquisition Agreement, the 25% ownership of Hitrans held by Hitrans management shareholders was frozen as a result of a litigation arising from the default by Hitrans management shareholders on debts borrowed from Zhejiang Meidu Pawn Co., Ltd. (“Pawn Co.”) whereby the 25% ownership of Hitrans was pledged as collateral. Mr. Junnan Ye (“Mr. Ye”), acting as an intermediary, will first acquire 22.5% ownership of Hitrans, free of any encumbrances, from Hitrans management shareholders. Pursuant to the Acquisition Agreement, within five days of CBAK Power’s obtaining 21.56% ownership of Hitrans from Mr. Ye, CBAK Power will pay approximately RMB40.74 million ($6.32 million) in cash, which amount shall be used toward the repayment of debts due to Pawn Co. On July 23, 2021, CBAK Power paid RMB40.74 million (approximately $6.32 million) in cash to Mr. Ye.

In addition, as of the date of the Acquisition Agreement, Meidu Graphene’s 60% ownership of Hitrans was frozen as a result of a litigation arising from Hitrans’s failure to make payments to New Era in connection with the purchase of land use rights, plants, equipment, pollution discharge permit and other assets (the “Assets”) under certain asset transfer agreements as well as Meidu Graphene’s guarantee for Hitrans’s payment obligations thereunder. As a part of the transaction, CBAK Power entered into a loan agreement with Hitrans to lend Hitrans approximately RMB131 million ($20.32 million) (the “Hitrans Loan”) by remitting approximately RMB131 million ($20.32 million) into the account of Shaoxing Intermediate People’s Court (the “Court”) to remove the freeze on Meidu Graphene’s 60% ownership of Hitrans. Moreover, Juzhong Daxin will return RMB15 million ($2.33 million) of the security deposit to CBAK Power before CBAK Power wires approximately RMB131 million ($20.32 million) to the Court and will retain RMB5 million ($0.78 million) as commission for facilitating the acquisition. As of September 30, 2021, Juzhong Daxin returned RMB7 million ($1.1 million) of the security deposit to CBAK Power.

CBAK Power shall pay all other fees due to Juzhong Daxin in accordance with the Letter of Intent. According to the Acquisition Agreement, Mr. Ye will first acquire 60% ownership of Hitrans, free of any encumbrances, from Meidu Graphene. Thereafter, CBAK Power will assign RMB118 million ($18.30 million) of the Hitrans Loan to Mr. Junnan Ye as consideration for the acquisition of 60% ownership of Hitrans from Mr. Ye (the “Assignment”). Hitrans shall repay RMB118 million ($18.27 million) to Mr. Ye in accordance with a separate loan repayment agreement (the “Loan Repayment Agreement”) to be entered into among Mr. Ye, Hitrans, CBAK Power and Mr. Wu. Under the Loan Repayment Agreement, Hitrans shall repay Mr. Ye at least RMB70 million ($10.86 million) within two months of obtaining the title to the Assets from New Era and the remaining balance by December 31, 2021, with a fixed interest of RMB3.5 million ($0.54 million) which can be reduced by up to RMB1 million ($0.15 million) if the loan is settled before its due date. CBAK Power provides guarantee to Mr. Ye on Hitrans’s repayment obligations under the Loan Repayment Agreement. Hitrans shall repay the remaining approximately RMB13 million ($2.02 million) of the Hitrans Loan to CBAK Power at an interest rate of 6% per annum, maturing in one year from the date of the Assignment. For the three and nine months ended September 30, 2021, the Company recorded interest income of $19,890.

As of the date of this report, the transfer of 81.56% ownership of Hitrans to CBAK Power has been registered with the local government and CBAK Power has paid approximately RMB40.74 million (approximately $6.32 million) in cash to Mr. Ye. In addition, CBAK Power has wired approximately RMB131 million (approximately $20.32 million) to the Court and Juzhong Daxin returned RMB7 million ($1.1 million) of the security deposit to CBAK Power.. CBAK Power expects to close the acquisition of 81.56% ownership of Hitrans upon the satisfaction of all closing conditions in the Acquisition Agreement, including that Hitrans obtains the title to all the assets.

6.CBAK Energy Technology, Inc. and subsidiaries

Notes to the condensed consolidated financial statements

For the three and nine months ended September 30, 2020 and 2021

(Unaudited)

(In US$ except for number of shares)

7.	Payables to Former Subsidiaries, net

Payable to former subsidiaries, net as of December 31, ~~2019~~2020 and September 30, ~~2020~~2021 consisted of the following:

December 31, September 30,
2019 2020
BAK Tianjin $ - $ 44,762
Shenzhen BAK - -
BAK Shenzhen 1,483,352 1,631,571
$ 1,483,352 $ 1,676,333

	December 31,		September 30,
	2020		2021
BAK Tianjin	$	29,852	$	7,970
BAK Shenzhen		597,138		353,904
	$	626,990	$	361,874

Balance as of December 31, ~~2019~~2020 and September 30, ~~2020~~2021 consisted of payables for purchase of inventories from BAK Tianjin and BAK Shenzhen. From time to time, to meet the needs of its customers, the Company purchased products from these former subsidiaries that it did not produce to meet the needs of its customers.

~~On April 10, 2020, each of Mr. Yunfei Li, Mr. Ping Shen~~The above balance is unsecured and ~~Asia EVK entered into an agreement with CBAK Power~~non-interest bearing and Shenzhen BAK, whereby Shenzhen BAK assigned its rights to the unpaid inventories cost owed by CBAK Power of approximately $1.0 million (RMB7,000,000), $2.3 million (RMB16,000,000) and $1.0 million (RMB7,300,000) (collectively $4.3 million, the “Sixth Debt”) to Mr. Yunfei Li, Mr. Ping Shen and Asia EVK, respectively (see Note 1).repayable on demand.

7.8.	Property, Plant and Equipment, net

Property, plant and equipment as of December 31, ~~2019~~2020 and September 30, ~~2020~~2021 consisted of the following:

December 31, September 30,
2019 2020
Buildings $ 27,262,301 $ 27,066,419
Machinery and equipment 22,719,932 31,481,636
Office equipment 204,196 212,499
Motor vehicles 161,980 177,912
50,348,409 58,938,466
Impairment (4,126,152 ) (4,219,008 )
Accumulated depreciation (8,044,692 ) (10,074,520 )
Carrying amount $ 38,177,565 $ 44,644,938

	December 31,			September 30,
	2020			2021
Buildings	$	28,150,137		$	28,531,939
Machinery and equipment		32,753,952			33,979,680
Office equipment		258,458			467,293
Motor vehicles		197,790			330,801
Leasehold improvements		-			1,216,573
		61,360,337			64,526,286
Impairment		(8,980,020	)		(9,063,579	)
Accumulated depreciation		(11,339,947	)		(13,412,118	)
Carrying amount	$	41,040,370		$	42,050,589

During the three months ended September 30, ~~2019~~2020 and ~~2020,~~2021, the Company incurred depreciation expense of ~~$681,089~~$695,950 and ~~$695,950,~~$604,201, respectively

During the nine months ended September 30, ~~2019~~2020 and ~~2020,~~2021, the Company incurred depreciation expense of ~~$2,064,576~~$1,838,357 and ~~$1,838,357,~~$1,993,929, respectively

The Company has not yet obtained the property ownership certificates of the buildings in its Dalian manufacturing facilities with a carrying amount of ~~$24,671,045~~$24,611,468 and ~~$23,853,446~~$24,349,395 as of December 31, ~~2019~~2020 and September 30, ~~2020,~~2021, respectively. The Company built its facilities on the land for which it had already obtained the related land use right. The Company has submitted applications to the Chinese government for the ownership certificates on the completed buildings located on these lands. However, the application process takes longer than the Company expected and it has not obtained the certificates as of the date of this report. However, since the Company has obtained the land use right in relation to the land, the management believe the Company has legal title to the buildings thereon albeit the lack of ownership certificates.

During the course of the Company’s strategic review of its operations, the Company assessed the recoverability of the carrying value of the Company’s property, plant and equipment. The impairment charge, if any, represented the excess of carrying amounts of the Company’s property, plant and equipment over the estimated discounted cash flows expected to be generated by the Company’s production facilities. The Company believes that there was no impairment during the three and nine months ended September 30, ~~2019~~2020 and ~~2020.~~2021.

CBAK Energy Technology, Inc. and subsidiaries

Notes to the condensed consolidated financial statements

For the three and nine months ended September 30, ~~2019~~2020 and ~~2020~~2021

(Unaudited)

(In US$ except for number of shares)

9.	Construction in Progress

8.	~~Construction in Progress~~

Construction in progress as of December 31, ~~2019~~2020 and September 30, ~~2020~~2021 consisted of the following:

December 31, September 30,
2019 2020
Construction in progress $ 21,613,577 $ 15,051,124
Prepayment for acquisition of property, plant and equipment 94,047 403,101
Carrying amount $ 21,707,624 $ 15,454,225

	December 31,		September 30,
	2020		2021
Construction in progress	$	27,070,916	$	45,917,555
Prepayment for acquisition of property, plant and equipment		3,122,393		3,328,560
Carrying amount	$	30,193,309	$	49,246,115

Construction in progress as of December 31, ~~2019~~2020 and September 30, ~~2020~~2021 was mainly comprised of capital expenditures for the construction of the facilities and production lines of CBAK ~~Power.~~Power and Nanjing CBAK.

For the three months ended September 30, ~~2019~~2020 and ~~2020,~~2021, the Company capitalized interest of ~~$385,850~~$315,177 and ~~$315,177,~~$19, respectively, to the cost of construction in progress.

For the nine months ended September 30, ~~2019~~2020 and ~~2020,~~2021, the Company capitalized interest of ~~$1,099,687~~$935,399 and ~~$935,399,~~$306,514, respectively, to the cost of construction in progress.

9.10.

~~Right-of-use assets~~Non-marketable equity securities

	December 31,		September 30,
	2020		2021
Cost	$	-	$	1,396,076
Impairment		-		(693,269	)
Carrying amount	$	-	$	702,807

On April 21, 2021, CBAK Power, along with Shenzhen BAK Power Battery Co., Ltd (BAK Shenzhen), Shenzhen Asian Plastics Technology Co., Ltd (SZ Asian Plastics) and Xiaoxia Liu (collectively the “Investors”), entered into an investment agreement with Junxiu Li, Hunan Xintao New Energy Technology Partnership, Xingyu Zhu, and Jiangsu Saideli Pharmaceutical Machinery Manufacturing Co., Ltd for an investment in Hunan DJY Technology Co., Ltd ("DJY"), a privately held company. CBAK Power has paid $1.40 million (RMB9,000,000) to acquire 9.74% of the equity interests of DJY. CBAK Power along with other three new investors has appointed one director on behalf of the Investors to the Board of Directors of DJY. DJY is unrelated third party of the Company engaging in in research and development, production and sales of products and services to lithium battery positive cathode materials producers, including the raw materials, fine ceramics, equipment and industrial engineering.

Non-marketable equity securities are investments in privately held companies without readily determinable market value. The Company measures investments in non-marketable equity securities without a readily determinable fair value using a measurement alternative that measures these securities at the cost method minus impairment, if any, plus or minus changes resulting from observable price changes on a non-recurring basis. The fair value of non-marketable equity securities that have been remeasured due to impairment are classified within Level 3. The Company adjusts the carrying value of non-marketable equity securities which have been remeasured during the period and recognize resulting gains or losses as a component of other operating income (expense), net. The Company recognized an impairment loss of $43 and $690,585 on the non-marketable equity securities for the three and nine months ended September 30, 2021, respectively.

11.

Lease

(a)

Right-of-use assets

Right-of-use assets as of September 30, ~~2020~~2021 consisted of the followings:

Prepaid land lease payments
Balance as of January 1, 2020 $ 7,194,195
Amortization charge for the period (120,457 )
Foreign exchange adjustment 179,648
Balance as of September 30, 2020 $ 7,253,386

	Prepaid land lease payments
Balance as of January 1, 2021	$	7,500,780
Amortization charge for the period		(130,211	)
Foreign exchange adjustment		94,857
Balance as of September 30, 2021	$	7,465,426

Lump sum payments were made upfront to acquire the leased land from the owners with lease period for 50 years up to August 9, 2064, and no ongoing payments will be made under the terms of these land leases.

~~10.~~

~~Intangible Assets, net~~

~~Intangible assets as of December 31, 2019 and September 30, 2020 consisted of the followings:~~

December 31, September 30,
2019 2020
Computer software at cost $ 30,648 $ 31,429
Accumulated amortization (15,470 ) (19,422 )
$ 15,178 $ 12,007

~~Amortization expenses were $1,291 and $870 for the three months ended September 30, 2019 and 2020 and $4,195 and $3,452 for the nine months ended September 30, 2019 and 2020, respectively.~~

CBAK Energy Technology, Inc. and subsidiaries

Notes to the condensed consolidated financial statements

For the three and nine months ended September 30, ~~2019~~2020 and ~~2020~~2021

(Unaudited)

(In US$ except for number of shares)

11.

Lease (continued)

(b)

Company as Lessor

The Company derives a portion of its revenue from leasing arrangements of these vehicles to end users. Such arrangements provide for monthly payments covering the vehicles sales and interest. These arrangements meet the criteria to be accounted for as sales-type leases. Accordingly, vehicle sale net of cost is recorded as other income and recognized upon delivery of the vehicle and its acceptance by the end user. Upon the recognition of such revenue, an asset is established for the investment in sales-type leases. Interests are recognized monthly over the lease term. The components of the net investment in sales-type leases as of December 31, 2020 and September 30, 2021 are as follows:

	December 31,			September 30,
	2020			2021
Total future minimum lease payments receivable	$	1,210,305		$	1,950,163
Less: unearned income, representing interest		(124,653	)		(130,783	)
Present value of minimum lease payments receivables		1,085,652			1,819,380
Less: Current portion		(235,245	)		(838,649	)
Non-current portion	$	850,407		$	980,731

Vehicle sale net of cost recognized in other income (expense) from vehicle leasing was $(6) and $(91,999) for the three and nine months ended September 30, 2021, respectively.

Interest income from vehicle leasing was $25,674 and $96,702 for the three and nine months ended September 30, 2021, respectively

The future minimum lease payments receivable for sales type leases are as follows:

12 months ending September 30,	Total Minimum Lease Payments to be Received		Amortization of Unearned Income		Net Investment in Sales Type Leases
2022	$	919,238	$	80,589	$	838,649
2023		678,840		42,903		635,937
2024		352,085		7,291		344,794
2025		-		-		-
2026		-		-		-
Thereafter		-		-		-
	$	1,950,163	$	130,783	$	1,819,380

(c)

Operating lease

On January 14, 2021, Nanjing Daxin entered into a lease agreement for manufacturing, warehouse and office space in Tianjing with a three year term, commencing on March 1, 2021 and expiring on February 29, 2024. The monthly rental payment is approximately $11,346 (RMB73,143) per month.

On April 6, 2021, Nanjing CBAK entered into a lease agreement for warehouse space in Nanjing with a three year term, commencing on April 15, 2021 and expiring on April 14, 2024. The monthly rental payment is approximately $15,162 (RMB97,743) per month.

On June 1, 2021, Nanjing Daxin entered into a lease agreement for manufacturing, warehouse and office space in Wuxi with a three year term, commencing on June 1, 2021 and expiring on May 31, 2024. The monthly rental payment is approximately $36,933 (RMB238,095) per month for the first year and approximately $43,089 (RMB277,778) per month from the second year.

The following is a schedule, by years, of maturities of lease liabilities as of September 30, 2021:

	Operating leases
12 months ending September 30,
2022	$	835,158
2023		835,158
2024		-
2025		-
Thereafter		-
Total undiscounted cash flows		1,670,316
Less: imputed interest		(115,646	)
Present value of lease liabilities	$	1,554,670

~~11.~~CBAK Energy Technology, Inc. and subsidiaries

Notes to the condensed consolidated financial statements

For the three and nine months ended September 30, 2020 and 2021

(Unaudited)

(In US$ except for number of shares)

11.

Lease (continued)

(c)

Operating lease (continued)

Lease term and discount rate

	September 30, 2021
Weighted-average remaining lease term - years		2.69
Weighted-average discount rate (%)		6.175	%

Operating lease expenses for the three and nine months ended September 30, 2020 and 2021 for the capitation agreement was as follows:

	Three months ended September 30,				Nine months ended September 30,
	2020		2021		2020		2021

Operating lease cost – straight line		-		175,932		-		290,051
Total lease expense		-		175,932	$	-	$	290,051

12.

Intangible Assets, net

Intangible assets as of December 31, 2020 and September 30, 2021 consisted of the followings:

	December 31,			September 30,
	2020			2021
Computer software at cost	$	32,686		$	44,634
Accumulated amortization		(20,879	)		(23,216	)
	$	11,807		$	21,418

Amortization expenses were $870 and $1,613 for the three months ended September 30, 2020 and 2021and $3,452 and $4,195 for the nine months ended September 30, 2020 and 2021, respectively.

13.

Trade Accounts and Bills Payable

Trade accounts and bills payable as of December 31, ~~2019~~2020 and September 30, ~~2020~~2021 consisted of the followings:

	December 31,		September 30,
	2020		2021
Trade accounts payable	$	19,560,793	$	5,396,496
Bills payable
- Bank acceptance bills (Note 14)		8,791,499		15,653,824
	$	28,352,292	$	21,050,320

December 31, September 30,
2019 2020
Trade accounts payable $ 11,157,014 $ 12,613,088
Bills payable ��
- Bank acceptance bills (Notes 12) 3,915,094 6,482,637
- Commercial acceptance bills - 182,388
$ 15,072,108 $ 19,278,113

All the bills payable are of trading nature and will mature within six months to one year from the issue date.

The bank acceptance bills were pledged byby:

(i) the Company’s bank deposits (Note 2);

(ii) $100,828 of the Company’s bills receivable as of September 30, 2021 (Note 3).

~~12.~~14.

Loans

Bank loans:

Bank borrowings as of December 31, ~~2019~~2020 and September 30, ~~2020~~2021 consisted of the followings

December 31, September 30,
2019 2020
Short-term bank loan $ 5,730,289 $ 5,876,289
Current maturities of long-term bank loans 10,844,463 20,721,649
Long-term bank borrowings 9,519,029 -
$ 26,093,781 $ 26,597,938

	December 31,		September 30,
	2020		2021
Current maturities of long-term bank loans	$	13,739,546	$	-

On June 4, 2018, the Company obtained banking facilities from China Everbright Bank Dalian Branch with a maximum amount of RMB200 million (approximately ~~$29.5~~$30.63 million) ~~with the term from June 12, 2018 to June 10, 2021,~~ bearing interest at 130% of benchmark rate of the People’s Bank of China (“PBOC”) for three-year long-term loans with the term from June 12, 2018 to June 10, 2021, at current rate 6.175% per annum. The facilities were secured by the Company’s land use rights, buildings, machinery and equipment. According to the original repayment schedule, the loans are repayable in six installments of RMB0.8 million ($0.12 million) on December 10, 2018, RMB24.3 million ($~~3.58~~3.72 million) on June 10, 2019, RMB0.8 million ($0.12 million) on December 10, 2019, RMB74.7 million ($~~11.0~~11.44 million) on June 10, 2020, RMB0.8 million ($0.12 million) on December 10, 2020 and RMB66.3 million ($~~9.8~~10.16 million) on June 10, 2021. Under the facilities, the Company borrowed RMB140.7 million (approximately $20.7 million) as of September 30, 2020. The facilities were secured by the Company’s land use rights, buildings, machinery and equipment. The Company repaid the bank loan of RMB0.8 million ($0.12 million), RMB24.3 million ($~~3.58~~3.72 million), and RMB0.8 million ($0.12 ~~million) and RMB1.09 million ($0.16~~ million) in December 2018, June 2019 and December 2019, ~~and June 2020~~ respectively.

CBAK Energy Technology, Inc. and subsidiaries

Notes to the condensed consolidated financial statements

For the three and nine months ended September 30, 2020 and 2021

(Unaudited)

(In US$ except for number of shares)

14.

Loans (continued)

On June 28, 2020, the Company entered into a supplemental agreement with China Everbright Bank Dalian Branch to change the repayment schedule. According to the modification agreement, the remaining RMB141.8 million (approximately ~~$20.88~~$21.72 million) loans are repayable in eight instalments consisting of RMB1.09 million ($~~0.16~~0.17 million) on June 10, 2020, ~~RMB 1~~RMB1 million ($0.15 million) on December 10, 2020, RMB2 million ($~~0.29~~0.31 million) on January 10, 2021, RMB2 million ($~~0.29~~0.31 million) on February 10, 2021, RMB2 million ($~~0.29~~0.31 million) on March 10, 2021, RMB2 million ($~~0.29~~0.31 million) on April 10, 2021, RMB2 million ($~~0.29~~0.31 million) on May 10, 2021, and RMB129.7 million ($~~19.1~~19.9 million) on June 10, 2021, respectively. As of June 30, 2021, the Company repaid all the bank loan.

~~CBAK Energy Technology, Inc. and subsidiaries~~

~~Notes to the condensed consolidated financial statements~~

~~For the three and nine months ended September 30, 2019 and 2020~~

~~(Unaudited)~~

~~(In US$ except for number of shares)~~

~~12.~~

~~Loans (continued)~~

Bank loans: (continued)

In August 2018, the Company borrowed a total of RMB60 million (approximately $8.8 million) in the form of bills payable from China Everbright Bank Dalian Branch for a term until August 14, 2019, which was secured by the Company’s cash totaled $8.8 million. The Company discounted these two bills payable of even date to China Everbright Bank at a rate of 4.0%. The Company repaid these bills payable in August 2019.

On August 22, 2018, the Company obtained one-year term facilities from China Everbright Bank Dalian Branch with a maximum amount of RMB100 million (approximately $14.7 million) including revolving loans, trade finance, notes discount, and acceptance of commercial bills etc. Any amount drawn under the facilities requires security in the form of cash or banking acceptance bills receivables of at least the same amount. The Company borrowed a series of bank acceptance bills totaled RMB28.8 million (approximately $4.24 million) for a term until March 7, 2019. The Company repaid the bank acceptance bills on March 7, 2019.

In November 2018, the Company borrowed a total of RMB100 million (approximately $14.7 million) in the form of bills payable from China Everbright Bank Dalian Branch for a term until November 12, 2019, which was secured by the Company’s cash totaled RMB50 million (approximately $7.4 million) and the 100% equity in CBAK Power held by BAK Asia. The Company discounted the bills payable of even date to China Everbright Bank at a rate of 4.0%. The Company repaid the bills payable in November 2019.

The Company also borrowed a series of acceptance bills from Industrial Bank Co., Ltd. Dalian Branch totaled RMB1.5 million (approximately $0.2 million) for various terms through May 21, 2019, which was secured by bills receivable of RMB1.5 million (approximately $0.2 million). The Company repaid the bank acceptance bills on May 21, 2019.

On October 15, 2019, the Company borrowed a total of RMB28 million (approximately $4.12 million) in the form of bills payable from China Everbright Bank Dalian Branch for a term until October 15, 2020, which was secured by the Company’s cash totaled RMB28 million (approximately $4.12 million). The Company discounted the bills payable of even date to China Everbright Bank at a rate of 3.3%. The Company repaid the bills on October 15, 2020.

In December 2019, the Company obtained banking facilities from China Everbright Bank Dalian Friendship Branch totaled RMB39.9 million (approximately ~~$5.9~~$6.1 million) for a term until November 6, 2020, bearing interest at 5.655% per annum. The facility was secured by 100% equity in CBAK Power held by BAK Asia and buildings of Hubei BAK Real Estate Co., Ltd., which Mr. Yunfei Li (“Mr. Li”), the Company’s CEO holding 15% equity interest. Under the facilities, the Company ~~borrowed~~repaid the bank loan of RMB39.9 million (approximately ~~$5.9~~$6.1 million) onin December ~~30, 2019.~~2020.

In ~~May~~October to ~~September~~December 2020, the Company borrowed a series of acceptance bills from China Merchants Bank totaled ~~RMB16.1~~RMB13.5 million (approximately ~~$2.4~~$2.07 million) for various terms through ~~November 2020~~April to ~~March~~June 2021, which was secured by the Company’s cash totaled ~~RMB16.1~~RMB13.5 million (approximately ~~$2.4~~$2.07 million). The Company repaid the bills through April to June 2021.

The Company borrowed a series of acceptance bills from Agricultural Bank of China totaled RMB31.0 million (approximately $4.8 million) for various terms to October 2021 to March 2022, which was secured by the Company’s cash totaled RMB31.0 million (approximately $4.81 million) (Note 2).

The Company borrowed a series of acceptance bills from China Zheshang Bank Co. Ltd Shenyang Branch totaled RMB39.9 million (approximately $6.19 million) for various terms to October 2021 to March 2022, which was secured by the Company’s cash totaled RMB39.2 million (approximately $6.09 million) (Note 2) and the Company’s bills receivable totaled RMB0.7 million (approximately $0.1 million) (Note 3).

On April 19, 2021, the Company obtained five-year acceptance bills facilities from Bank of Ningbo Co., Ltd with a maximum amount of RMB84.4 million (approximately $13.1 million). Any amount drawn under the facilities requires security in the form of cash or bank acceptance bills receivable of at least the same amount. Under the facilities, as of September 30, 2021, the Company borrowed a total of RMB30 million (approximately $4.7 million) from Bank of Ningbo Co., Ltd in the form of bills payable for a various term expiring from October 2021 to February 2022, which was secured by the Company’s cash totaled RMB30 million (approximately $4.66 million) (Note 2).

The facilities were also secured by the Company’s assets with the following carrying amounts:

December 31, September 30,
2019 2020
Pledged deposits (note 2) $ 4,021,255 $ 6,488,306
Right-of-use assets (note 9) 7,194,195 7,253,386
Buildings 17,683,961 16,855,060
Machinery and equipment 7,196,810 6,563,940
$ 36,096,221 $ 37,160,692

	December 31,		September 30,
	2020		2021
Pledged deposits (note 2)	$	8,791,499	$	15,552,996
Bills receivable (note 3)		-		100,828
Right-of-use assets (note 11)		7,500,780		-
Buildings		16,721,178		-
Machinery and equipment		4,926,886		-
	$	37,940,343	$	15,653,824

~~As of September 30, 2020, the Company had unutilized committed facilities from banks and Jilin Province Trust Co., Ltd (see “Other Short-term Loans” below) totaled $7.1 million.~~

During the three months ended September 30, ~~2019~~2020 and ~~2020,~~2021, interest of ~~$485,179~~$402,268 and ~~$402,268,~~$19, respectively, was incurred on the Company’s bank borrowings.

During the nine months ended September 30, ~~2019~~2020 and ~~2020,~~2021, interest of ~~$1,633,731~~$1,190,629 and ~~$1,190,629,~~$306,514, respectively, was incurred on the Company’s bank borrowings.

CBAK Energy Technology, Inc. and subsidiaries

Notes to the condensed consolidated financial statements

For the three and nine months ended September 30, ~~2019~~2020 and ~~2020~~2021

(Unaudited)

(In US$ except for number of shares)

~~12.~~14.

Loans (continued)

Other Short-term Loans

Other short-term loans as of December 31, ~~2019~~2020 and September 30, ~~2020~~2021 consisted of the following:

December 31, September 30,
Note 2019 2020
Advance from related parties
– Mr. Xiangqian Li, the Company’s Former CEO (a) 100,000 100,000
– Mr. Yunfei Li (b) 212,470 218,943
– Shareholders (c) 86,679 88,888
399,149 407,831
Advances from unrelated third party
– Mr. Wenwu Yu (d) 30,135 30,903
– Mr. Longqian Peng (d) 646,273 662,739
�� Mr. Shulin Yu. (e) 517,018 530,191
– Jilin Province Trust Co. Ltd (f) 5,687,204 3,564,065
– Suzhou Zhengyuanwei Needle Ce Co., Ltd (g) 71,808 73,638
6,952,438 4,861,536
$ 7,351,587 $ 5,269,367

		December 31,		September 30,
	Note	2020		2021
Advance from related parties
– Mr. Xiangqian Li, the Company’s Former CEO	(a)		100,000		100,000
– Mr. Yunfei Li	(b)		278,739		95,574
– Shareholders	(c)		92,446		93,622
			471,185		289,196
Advances from unrelated third party
– Mr. Wenwu Yu	(d)		16,823		17,037
– Mr. Longqian Peng	(d)		689,275		296,770
– Suzhou Zhengyuanwei Needle Ce Co., Ltd	(e)		76,586		77,560
			782,684		391,367
		$	1,253,869	$	680,563

	(a)	Advances from Mr. Xiangqian Li, the Company’s former CEO, was unsecured, non-interest bearing and repayable on demand.

	(b)	Advances from Mr. Yunfei Li, the Company’s CEO, was unsecured, non-interest bearing and repayable on demand.

(c)

The earnest money paid by certain shareholders in relation to share purchase (note 1) were unsecured, non-interest bearing and repayable on demand.

In 2019, according to the investment agreements and agreed by the investors, the Company returned earnest money of $949,317 (approximately RMB6.7 million) to these investors.

CBAK Energy Technology, Inc. and subsidiaries

Notes to the condensed consolidated financial statements

For the three and nine months ended September 30, ~~2019~~2020 and ~~2020~~2021

(Unaudited)

(In US$ except for number of shares)

~~12.~~14.

Loans (continued)

Other Short-term Loans (continued)

On October 14, 2019, the Company entered into a cancellation agreement with Mr. Shangdong Liu, Mr. Shibin Mao, Ms. Lijuan Wang and Mr. Ping Shen (the creditors). Pursuant to the terms of the cancellation agreement, Mr. Shangdong Liu, Mr. Shibin Mao, Ms. Lijuan Wang and Mr. Ping Shen agreed to cancel and convert the ~~earnest money~~Fifth Debt (note 1) and the Unpaid Earnest Money in exchange for 528,053, ~~528,053~~3,536,068, 2,267,798 and ~~528,053~~2,267,798 shares of common stock of the Company, respectively, at an exchange price of $0.6 per share. Upon receipt of the shares, the creditors ~~released~~will release the Company from any claims, demands and other obligations relating to the ~~earnest money. The cancellation agreement contains customary representations~~Fifth Debt and ~~warranties of~~ the ~~creditors. The creditors do not have registration rights with respect to the shares.~~Unpaid Earnest Money.

As of September 30, ~~2020,~~2021, earnest money of ~~$88,888~~$93,622 remained outstanding.

	(d)
	~~(d)~~	Advances from unrelated third parties were unsecured, non-interest bearing and repayable on demand.

	(e)	On June 25, 2019, the Company entered into a loan agreement with Mr. Shulin Yu, an unrelated party, to loan RMB3.6 million (approximately $0.5 million) for a term of one year, bearing annual interest of 10% which was guaranteed by Mr. Yunfei Li (the Company’s CEO) and Mr. Wenwu Wang (the Company’s former CFO). On June 22, 2020, the Company and Mr. Shulin Yu entered into a supplemental agreement to extend the loan for one year to June 24, 2021. As of September 30, 2020, the Company borrowed RMB3.6 million (approximately $0.5 million).

	~~(f)~~	In January 2019, the Company obtained one-year term facilities from Jilin Province Trust Co. Ltd. with a maximum amount of RMB40.0 million (approximately $5.9 million), which was secured by land use rights and buildings of Eodos Liga Energy Co., Ltd. Under the facilities, the Company borrowed a total of RMB39.6 million ($5.7 million) in 2019, bearing annual interest from 11.3% to 11.6%. The Company fully repaid the loan principal and accrued interest in March 2020. In March 2020, the Company obtained additional one-year term facilities from Jilin Province Trust Co. Ltd with a maximum amount of RMB40.0 million (approximately $5.9 million), which was secured by land use rights and buildings of Eodos Liga Energy Co., Ltd. Under the facilities, the Company borrowed RMB24.2 million ($3.6 million) on March 13, 2020, bearing annual interest of 13.5%.

	~~(g)~~	In 2019, the Company entered into a short term loan agreement with Suzhou Zhengyuanwei Needle Ce Co., Ltd, an unrelated party to loan RMB0.6 million (approximately $0.1 million), bearing annual interest rate of 12%. As of September 30, ~~2020,~~2021, loan amount of RMB0.5 million ($~~73,638)~~77,560) remained outstanding.

During the three months ended September 30, 2020 and 2021, interest of $137,000 and $2,370 were incurred on the Company’s borrowings from unrelated parties, respectively.

During the nine months ended September 30, 2020 and 2021, interest of $427,769 and $7,031 were incurred on the Company’s borrowings from unrelated parties, respectively.

~~13.~~15.

Accrued Expenses and Other Payables

Accrued expenses and other payables as of December 31, ~~2019~~2020 and September 30, ~~2020~~2021 consisted of the following:

December 31, September 30,
2019 2020
Construction costs payable (note 1) $ 1,335,483 $ 278,618
Equipment purchase payable 7,440,131 7,229,540
Liquidated damages (note a) 1,210,119 1,210,119
Accrued staff costs 2,485,384 1,826,855
Compensation costs 109,311 -
Customer deposits 600,758 680,915
Other payables and accruals (note 16) 2,346,403 2,735,292
$ 15,527,589 $ 13,961,339

	December 31,		September 30,
	2020		2021
Construction costs payable (note 1)	$	273,279	$	2,644,405
Equipment purchase payable		5,431,132		6,824,049
Liquidated damages (note a)		1,210,119		1,210,119
Accrued staff costs		2,083,660		1,572,028
Customer deposits		394,536		466,829
Deferred revenue		-		784,000
Other payables and accruals		2,252,733		2,295,164
	$	11,645,459	$	15,796,594

(a)

On August 15, 2006, the SEC declared effective a post-effective amendment that the Company had filed on August 4, 2006, terminating the effectiveness of a resale registration statement on Form SB-2 that had been filed pursuant to a registration rights agreement with certain shareholders to register the resale of shares held by those shareholders. The Company subsequently filed Form S-1 for these shareholders. On December 8, 2006, the Company filed its Annual Report on Form 10-K for the year ended September 30, 2006 (the “2006 Form 10-K”). After the filing of the 2006 Form 10-K, the Company’s previously filed registration statement on Form S-1 was no longer available for resale by the selling shareholders whose shares were included in such Form S-1. Under the registration rights agreement, those selling shareholders became eligible for liquidated damages from the Company relating to the above two events totaling approximately $1,051,000. As of December 31, ~~2019~~2020 and September 30, ~~2020,~~2021, no liquidated damages relating to both events have been paid.

CBAK Energy Technology, Inc. and subsidiaries

Notes to the condensed consolidated financial statements

For the three and nine months ended September 30, ~~2019~~2020 and ~~2020~~2021

(Unaudited)

(In US$ except for number of shares)

~~13.~~15.

Accrued Expenses and Other Payables (continued)

		On November 9, 2007, the Company completed a private placement for the gross proceeds to the Company of $13,650,000 by selling 3,500,000 shares of common stock at the price of $3.90 per share. Roth Capital Partners, LLC acted as the Company’s exclusive financial advisor and placement agent in connection with the private placement and received a cash fee of $819,000. The Company may have become liable for liquidated damages to certain shareholders whose shares were included in a resale registration statement on Form S-3 that the Company filed pursuant to a registration rights agreement that the Company entered into with such shareholders in November 2007. Under the registration rights agreement, among other things, if a registration statement filed pursuant thereto was not declared effective by the SEC by the 100th calendar day after the closing of the Company’s private placement on November 9, 2007, or the “Effectiveness Deadline”, then the Company would be liable to pay partial liquidated damages to each such investor of (a) 1.5% of the aggregate purchase price paid by such investor for the shares it purchased on the one month anniversary of the Effectiveness Deadline; (b) an additional 1.5% of the aggregate purchase price paid by such investor every thirtieth day thereafter (pro rated for periods totaling less than thirty days) until the earliest of the effectiveness of the registration statement, the ten-month anniversary of the Effectiveness Deadline and the time that the Company is no longer required to keep such resale registration statement effective because either such shareholders have sold all of their shares or such shareholders may sell their shares pursuant to Rule 144 without volume limitations; and (c) 0.5% of the aggregate purchase price paid by such investor for the shares it purchased in the Company’s November 2007 private placement on each of the following dates: the ten-month anniversary of the Effectiveness Deadline and every thirtieth day thereafter (prorated for periods totaling less than thirty days), until the earlier of the effectiveness of the registration statement and the time that the Company no longer is required to keep such resale registration statement effective because either such shareholders have sold all of their shares or such shareholders may sell their shares pursuant to Rule 144 without volume limitations. Such liquidated damages would bear interest at the rate of 1% per month (prorated for partial months) until paid in full.

		On December 21, 2007, pursuant to the registration rights agreement, the Company filed a registration statement on Form S-3, which was declared effective by the SEC on May 7, 2008. As a result, the Company estimated liquidated damages amounting to $561,174 for the November 2007 registration rights agreement. As of December 31, ~~2019~~2020 and September 30, ~~2020,~~2021, the Company had settled the liquidated damages with all the investors and the remaining provision of approximately ~~$1,210,119~~$159,000 was included in other payables and accruals.

16.

Deferred Government Grants

~~14.~~

~~Deferred Government Grants~~

Deferred government grants as of December 31, ~~2019~~2020 and September 30, ~~2020~~2021 consist of the following:

December 31, September 30,
2019 2020
Total government grants $ 4,260,833 $ 7,205,668
Less: Current portion (142,026 ) (3,091,153 )
Non-current portion $ 4,118,807 $ 4,114,515

	December 31,			September 30,
	2020			2021
Total government grants	$	7,456,308		$	8,987,250
Less: Current portion		(151,476	)		(153,402	)
Non-current portion	$	7,304,832		$	8,833,848

In September 2013, the Management Committee of Dalian Economic Zone Management Committee (the “Management Committee”) provided a subsidy of RMB150 million to finance the costs incurred in moving ~~our~~the Company facilities to Dalian, including the loss of sales while the new facilities were being constructed. For the year ended September 30, 2015, the Company recognized $23,103,427 as income after offset of the related removal expenditures of $1,004,027. No such income or offset was recognized in the three and nine months ended September 30, ~~2019~~2020 and ~~2020.~~2021.

On October 17, 2014, the Company received a subsidy of RMB46,150,000 pursuant to an agreement with the Management Committee dated July 2, 2013 for costs of land use rights and to be used to construct the new manufacturing site in Dalian. Part of the facilities had been completed and was operated in July 2015 and the Company has initiated amortization on a straight-line basis over the estimated useful lives of the depreciable facilities constructed thereon.

The Company offset government grants of $35,219 and $35,713 for the three months ended September 30, 2019 and 2020 and $108,094 and $106,020 for the nine months ended September 30, 2019 and 2020, respectively, against depreciation expenses of the Dalian facilities.

On June 23, 2020, BAK Asia, the Company wholly-owned Hong Kong subsidiary, entered into a framework investment agreement with Jiangsu Gaochun Economic Development Zone Development Group Company (“Gaochun EDZ”), pursuant to which the Company intended to develop certain lithium battery projects that aim to have a production capacity of 8Gwh. Gaochun EDZ agreed to provide various support to facilitate the development and operation of the projects. As of the date of this report, the Company received ~~RMB20~~RMB30 million (approximately ~~$2.9~~$4.7 million) subsidy from Gaochun EDZ. The Company will recognize the government subsidies as income or offsets them against the related expenditures when there are no present or future obligations for the subsidized projects.

The Company offset government grants of $35,713 and $38,207 for the three months ended September 30, 2020 and 2021 and $106,020 and $114,606 for the nine months ended September 30, 2020 and 2021, respectively, against depreciation expenses of the Dalian facilities.

CBAK Energy Technology, Inc. and subsidiaries

Notes to the condensed consolidated financial statements

For the three and nine months ended September 30, ~~2019~~2020 and ~~2020~~2021

(Unaudited)

(In US$ except for number of shares)

17.

Product Warranty Provision

~~15.~~

~~Product Warranty Provision~~

The Company maintains a policy of providing after sales support for certain of its new EV and LEV battery products introduced since October 1, 2015 by way of a warranty program. The limited cover covers a period of six to twelve months for battery cells, a period of twelve to twenty seven months for battery modules for light electric vehicles (LEV) such as electric bicycles, and a period of three years to eight years (or 120,000 or 200,000 km if reached sooner) for battery modules for electric vehicles (EV). The Company accrues an estimate of its exposure to warranty claims based on both current and historical product sales data and warranty costs incurred. The Company assesses the adequacy of its recorded warranty liability at least annually and adjusts the amounts as necessary.

~~16.~~

~~Notes payable~~

~~Notes payable as of December 31, 2019 and September 30, 2020 consist of the following:~~

December 31, September 30,
2019 2020
Notes payable, net of debt discount $ 2,846,736 $ 1,614,583

~~Note I~~

On July 24, 2019, the Company entered into a securities purchase agreement with Atlas Sciences, LLC (the “Lender”), pursuant to which the Company issued a promissory note (the “Note I”) to the Lender. The Note has an original principal amount of $1,395,000, bears interest at a rate of 10% per annum and will mature 12 months after the issuance, unless earlier paid or redeemed in accordance with its terms. The Company received proceeds of $1,250,000 after an original issue discount of $125,000 and payment of Lender’s expenses of $20,000. Beginning on the date that is six months after July 24, 2019, Lender shall have the right, exercisable at any time in its sole and absolute discretion, to redeem any amount of this Note up to $250,000.00 per calendar month by providing written notice to Borrower.

The Company recorded the $125,000 as debt discount and is being amortized as interest expense over 12 months period. The Company did not assign any value to the redemption feature of the Note because the redemption of the Note has no value on the redemption portion as of September 30, 2020.

~~CBAK Energy Technology, Inc. and subsidiaries~~

~~Notes to the condensed consolidated financial statements~~

~~For the three and nine months ended September 30, 2019 and 2020~~

~~(Unaudited)~~

~~(In US$ except for number of shares)~~

~~16.~~18.

~~Notes payable (continued)~~

On June 10, 2020, the Company entered into a fifth exchange agreement (the “Fifth Exchange Agreement”) with Atlas Sciences, LLC (the “Lender”), pursuant to which the Company and the Lender agreed to (i) partition a new promissory note in the original principal amount equal to $150,000 (the “Partitioned Promissory Note”) from the outstanding balance of certain promissory note that the Company issued to the Lender on July 24, 2019, which has an original principal amount of $1,395,000, and (ii) exchange the Partitioned Promissory Note for the issuance of 407,609 shares of the Company’s common stock, par value $0.001 per share to the Lender.

On October 12, 2020, the Company entered into an amendment to Promissory Notes (the “Amendment”) with Atlas Sciences, LLC (the Lender), pursuant to which the Lender has the right at any time until the outstanding balance of the Notes has been paid in full, at its election, to convert all or any portion of the outstanding balance of the Notes into shares of common stock of the Company. The conversion price for each conversion will be calculated pursuant to the following formula: 80% multiplied by the lowest closing price of the Company common stock during the ten (10) trading days immediately preceding the applicable conversion (the “Conversion Price”). Notwithstanding the foregoing, in no event will the Conversion Price be less than $1.00.

~~CBAK Energy Technology, Inc. and subsidiaries~~

~~Notes to the condensed consolidated financial statements~~

~~For the three and nine months ended September 30, 2019 and 2020~~

~~(Unaudited)~~

~~(In US$ except for number of shares)~~

~~16.~~

~~Notes payable (continued)~~

According to the amendment, on October 13, 2020, the Company exchanged $371,275 in principal and coupon interests under the Note I for the issuance of 229,750 shares of the Company’s common stock, par value $0.001 per share to the Lender. As of the date of this report, the Company has fully repaid the principal and coupon interests of Note I.

~~The Company recorded $23,630 and $26,371 to interest expense from the amortization of debt discount and coupon interest, respectively, for the three and nine months ended September 30, 2019.~~

~~The Company recorded $5,903 and $9,235 to interest expense from the amortization of debt discount and coupon interest for Note I, respectively, for the three months ended September 30, 2020.~~

~~The Company recorded $69,097 and $68,497 to interest expense from the amortization of debt discount and coupon interest for Note I, respectively, for the nine months ended September 30, 2020.~~

~~As of December 31, 2019 and September 30, 2020, accrued coupon interest of $62,387 and $130,884 on the Note I was included in other payables and accruals (note 13), respectively.~~

~~Note II~~

On December 30, 2019, the Company entered into a securities purchase agreement with Atlas Sciences, LLC (the “Lender”), pursuant to which the Company issued a promissory note (the “Note II”) to the Lender. The Note has an original principal amount of $1,670,000, bears interest at a rate of 10% per annum and will mature 12 months after the issuance, unless earlier paid or redeemed in accordance with its terms. The Company received proceeds of $1,500,000 after an original issue discount of $150,000 and payment of Lender’s expenses of $20,000. Beginning on the date that is six months after June 30, 2020, Lender shall have the right, exercisable at any time in its sole and absolute discretion, to redeem any amount of this Note up to $250,000.00 per calendar month by providing written notice to Borrower. The Company recorded the $150,000 as debt discount and is being amortized as interest expense over 12 months period. The Company did not assign any value to the redemption feature of the Note because the redemption of the Note has no value on the redemption portion as of December 31, 2019 and September 30, 2020.

According to the amendment, on October 13, 2020, the Company exchanged $775,000 in principal under the Note II for the issuance of 479,579 shares of the Company’s common stock, par value $0.001 per share to the Lender, On October 20, 2020, the Company exchanged additional $778,252 in principal and coupon interests under Note II for the issuance of 329,768 shares of the Company’s common stock, par value $0.001 per share to the Lender, As of the date of this report, the Company has fully repaid the principal and coupon interests of Note II.

~~The Company recorded $38,333 and $35,847 to interest expense from the amortization of debt discount and coupon interest for Note II, respectively, for the three months ended September 30, 2020.~~

~~The Company recorded $113,750 and $119,811 to interest expense from the amortization of debt discount and coupon interest for Note II, respectively, for the nine months ended September 30, 2020.~~

~~As of December 31, 2019 and September 30, 2020, accrued coupon interest of $597 and $120,408 on the Note II was included in other payables and accruals (note 13), respectively.~~

~~CBAK Energy Technology, Inc. and subsidiaries~~

~~Notes to the condensed consolidated financial statements~~

~~For the three and nine months ended September 30, 2019 and 2020~~

~~(Unaudited)~~

~~(In US$ except for number of shares)~~

~~17.~~

Income Taxes, Deferred Tax Assets and Deferred Tax Liabilities

(a)

Income taxes in the condensed consolidated statements of comprehensive loss (income)

The Company’s provision for income taxes expenses consisted of:

Three months ended
September 30, Nine months ended
September 30,
2019 2020 2019 2020
PRC income tax:
Current $ - $ - $ - $ -
Deferred - - - -
$ - $ - $ - $ -

		Three months ended September 30,				Nine months ended September 30,
		2020		2021		2020		2021
PRC income tax:
Current	$	-	$	-	$	-	$	-
Deferred		-		-		-		-
	$	-	$	-	$	-	$	-

United States Tax

CBAK is a Nevada corporation that is subject to U.S. corporate income tax on its taxable income at a rate of up to 21% for taxable years beginning after December 31, 2017 and U.S. corporate income tax on its taxable income of up to 35% for prior tax years. The U.S. Tax Reform signed into law on December 22, 2017 significantly modified the U.S. Internal Revenue Code by, among other things, reducing the statutory U.S. federal corporate income tax rate from 35% to 21% for taxable years beginning after December 31, 2017; limiting and/or eliminating many business deductions; migrating the U.S. to a territorial tax system with a one-time transition tax on a mandatory deemed repatriation of previously deferred foreign earnings of certain foreign subsidiaries; subject to certain limitations, generally eliminating U.S. corporate income tax on dividends from foreign subsidiaries; and providing for new taxes on certain foreign earnings. Taxpayers may elect to pay the one-time transition tax over eight years, or in a single lump sum.

CBAK Energy Technology, Inc. and subsidiaries

Notes to the condensed consolidated financial statements

For the three and nine months ended September 30, ~~2019~~2020 and ~~2020~~2021

(Unaudited)

(In US$ except for number of shares)

~~17.~~18.

Income Taxes, Deferred Tax Assets and Deferred Tax Liabilities (continued)

(a)

Income taxes in the condensed consolidated statements of comprehensive loss (income) (continued)

The U.S. Tax Reform also includes provisions for a new tax on GILTI effective for tax years of foreign corporations beginning after December 31, 2017. The GILTI provisions impose a tax on foreign income in excess of a deemed return on tangible assets of controlled foreign corporations (“CFCs”), subject to the possible use of foreign tax credits and a deduction equal to 50 percent to offset the income tax liability, subject to some limitations.

The Company’s management is still evaluating the effect of the U.S. Tax Reform on CBAK. Management may update its judgment of that effect based on its continuing evaluation and on future regulations or guidance issued by the U.S. Department of the Treasury, and specific actions the Company may take in the future.

To the extent that portions of CBAK’s U.S. taxable income, such as Subpart F income or GILTI, are determined to be from sources outside of the U.S., subject to certain limitations, Sohu.com Inc. may be able to claim foreign tax credits to offset its U.S. income tax liabilities. If dividends that CBAK receives from its subsidiaries are determined to be from sources outside of the U.S., subject to certain limitations, CBAK will generally not be required to pay U.S. corporate income tax on those dividends. Any liabilities for U.S. corporate income tax will be accrued in the Company’s consolidated statements of comprehensive income and estimated tax payments will be made when required by U.S. law.

No provision for income taxes in the United States or elsewhere has been made as CBAK had no taxable income for the three and nine months ended September 30, ~~2019~~2020 and ~~2020.~~2021.

Hong Kong Tax

The Company’s subsidiaries in Hong Kong are subject to Hong Kong profits tax rate of 16.5% and did not have any assessable profits arising in or derived from Hong Kong for the three and nine months ended September 30, 2019 and 2020 and accordingly no provision for Hong Kong profits tax was made in these periods.

PRC Tax

The Company’s subsidiaries in China are subject to enterprise income tax at 25% for the three months and nine months ended September 30, ~~2019~~2020 and ~~2020.~~2021.

A reconciliation of the provision for income taxes determined at the statutory income tax rate to the Company’s income taxes is as follows:

Three months ended
September 30, Nine months ended
September 30,
2019 2020 2019 2020
Income (Loss) before income taxes $ (1,787,068 ) $ 41,715 $ (6,928,575 ) $ (3,510,563 )
United States federal corporate income tax rate 21 % 21 % 21 % 21 %
Income tax (credit) expenses computed at United States statutory corporate income tax rate (375,285 ) 8,760 (1,455,001 ) (737,218 )
Reconciling items:
Rate differential for PRC earnings (42,412 ) 15,480 (228,917 ) (79,959 )
Non-deductible expenses 69,240 38,529 162,110 187,432
Share based payments 83,190 33,973 90,885 129,333
Valuation allowance on deferred tax assets 265,267 (96,742 ) 1,430,923 500,412
Income tax expenses $ - $ - $ - $ -

	Three months ended September 30,						Nine months ended September 30,
	2020			2021			2020			2021
Income (Loss) before income taxes	$	41,715		$	20,023,221		$	(3,510,563	)	$	52,351,612
United States federal corporate income tax rate		21	%		21	%		21	%		21	%
Income tax (credit) expenses computed at United States statutory corporate income tax rate		8,760			4,204,877			(737,218	)		10,993,839
Reconciling items:
Rate differential for PRC earnings		15,480			(104,422	)		(79,959	)		(132,095	)
Non-deductible expenses (non-taxable income)		38,529			(4,764,089	)		187,432			(11,993,447	)
Share based payments		33,973			19,067			129,333			70,007
Valuation allowance on deferred tax assets		(96,742	)		644,567			500,412			1,061,696
Income tax expenses	$	-		$	-		$	-		$	-

CBAK Energy Technology, Inc. and subsidiaries

Notes to the condensed consolidated financial statements

For the three and nine months ended September 30, ~~2019~~2020 and ~~2020~~2021

(Unaudited)

(In US$ except for number of shares)

~~17.~~18.

Income Taxes, Deferred Tax Assets and Deferred Tax Liabilities (continued)

(a)

Deferred tax assets and deferred tax liabilities

The tax effects of temporary differences that give rise to significant portions of the deferred tax assets and liabilities as of December 31, ~~2019~~2020 and September 30, ~~2020~~2021 are presented below:

December 31, September 30,
2019 2020
Deferred tax assets
Trade accounts receivable $ 1,225,916 $ 1,263,658
Inventories 1,026,483 476,490
Property, plant and equipment 768,975 418,043
Provision for product warranty 561,733 551,844
Net operating loss carried forward 29,361,274 30,734,758
Valuation allowance (32,944,381 ) (33,444,793 )
Deferred tax assets, non-current $ - $ -

Deferred tax liabilities, non-current $ - $ -

	December 31,			September 30,
	2020			2021
Deferred tax assets
Trade accounts receivable	$	1,354,762		$	1,248,059
Inventories		575,575			646,198
Property, plant and equipment		1,271,986			1,130,024
Impairment on non-marketable equity securities		-			173,317
Provision for product warranty		497,901			499,574
Net operating loss carried forward		31,060,254			32,125,002
Valuation allowance		(34,760,478	)		(35,822,174	)
Deferred tax assets, non-current	$	-		$	-

Deferred tax liabilities, non-current	$	-		$	-

As of December 31, ~~2019~~2020 and September 30, ~~2020,~~2021, the Company’s U.S. entity had net operating loss carry forwards of $103,580,741, of which $102,293 available to reduce future taxable income which will expire in various years through 2035 and $103,478,448 available to offset capital gains recognized in the succeeding 5 tax years and the Company’s PRC subsidiaries had net operating loss carry forwards of ~~$30,437,270~~$37,536,687 and ~~$35,931,211,~~$45,154,800, respectively, which will expire in various years through 2023 to 2029. Management believes it is more likely than not that the Company will not realize these potential tax benefits as these operations will not generate any operating profits in the foreseeable future. As a result, a valuation allowance was provided against the full amount of the potential tax benefits.

According to the PRC Tax Administration and Collection Law, the statute of limitations is three years if the underpayment of taxes is due to computational errors made by the taxpayer or its withholding agent. The statute of limitations extends to five years under special circumstances, which are not clearly defined. In the case of a related party transaction, the statute of limitations is ten years. There is no statute of limitations in the case of tax evasion.

The impact of an uncertain income tax positions on the income tax return must be recognized at the largest amount that is more likely than not to be sustained upon audit by the relevant tax authority. An uncertain income tax position will not be recognized if it has less than a 50% likelihood of being sustained. Interest and penalties on income taxes will be classified as a component of the provisions for income taxes.

The significant uncertain tax position arose from the subsidies granted by the local government for the Company’s PRC subsidiary, which may be modified or challenged by the central government or the tax authority. A reconciliation of January 1, ~~2020~~2021 through September 30, ~~2020~~2021 amount of unrecognized tax benefits excluding interest and penalties (“Gross UTB”) is as follows:

Gross UTB Surcharge Net UTB
Balance as of January 1, 2020 $ 7,042,582 $ - $ 7,042,582
Increase in unrecognized tax benefits taken in current period 179,436 - 179,436
Balance as of September 30, 2020 $ 7,222,018 $ - $ 7,222,018

	Gross UTB		Surcharge		Net UTB
Balance as of January 1, 2021	$	7,511,182	$	-	$	7,511,182
Increase in unrecognized tax benefits taken in current period		95,495		-		95,495
Balance as of September 30, 2021	$	7,606,677	$	-	$	7,606,677

As of December 31, ~~2019~~2020 and September 30, ~~2020,~~2021, the Company had not accrued any interest and penalties related to unrecognized tax benefits.

CBAK Energy Technology, Inc. and subsidiaries

Notes to the condensed consolidated financial statements

For the three and nine months ended September 30, ~~2019~~2020 and ~~2020~~2021

(Unaudited)

(In US$ except for number of shares)

19.

Share-based Compensation

~~18.~~

~~Share-based Compensation~~

Restricted Shares

Restricted shares granted on June 30, 2015

On June 12, 2015, the Board of Director approved the CBAK Energy Technology, Inc. 2015 Equity Incentive Plan (the “2015 Plan”) for Employees, Directors and Consultants of the Company and its Affiliates. The maximum aggregate number of Shares that may be issued under the Plan is ten million (10,000,000) Shares.

On June 30, 2015, pursuant to the 2015 Plan, the Compensation Committee of the Company’s Board of Directors granted an aggregate of 690,000 restricted shares of the Company’s common stock, par value $0.001, to certain employees, officers and directors of the Company with a fair value of $3.24 per share on June 30, 2015. In accordance with the vesting schedule of the grant, the restricted shares will vest in twelve equal quarterly installments on the last day of each fiscal quarter beginning on June 30, 2015 (i.e. last vesting period: quarter ended March 31, 2018). The Company recognizes the share-based compensation expenses on a graded-vesting method.

All the restricted shares granted in respect of the restricted shares granted on June 30, 2015 has been vested on March 31, 2018.

As of September 30, ~~2020,~~2021, there was no unrecognized stock-based compensation associated with the above restricted shares. As of September 30, ~~2020,~~2021, 1,667 vested shares were to be issued.

~~CBAK Energy Technology, Inc. and subsidiaries~~

~~Notes to the condensed consolidated financial statements~~

~~For the three and nine months ended September 30, 2019 and 2020~~

~~(Unaudited)~~

~~(In US$ except for number of shares)~~

~~18.~~

~~Share-based Compensation (continued)~~

~~Restricted Shares (continued)~~

Restricted shares granted on April 19, 2016

On April 19, 2016, pursuant to the Company’s 2015 Equity Incentive Plan, the Compensation Committee granted an aggregate of 500,000 restricted shares of the Company’s common stock to certain employees, officers and directors of the Company, of which 220,000 restricted shares were granted to the Company’s executive officers and directors. There are three types of vesting schedules. First, if the number of restricted shares granted is below 3,000, the shares will vest annually in 2 equal installments over a two year period with the first vesting on June 30, 2017. Second, if the number of restricted shares granted is larger than or equal to 3,000 and below 10,000, the shares will vest annually in 3 equal installments over a three year period with the first vesting on June 30, 2017. Third, if the number of restricted shares granted is above or equal to 10,000, the shares will vest semi-annually in 6 equal installments over a three year period with the first vesting on December 31, 2016. The fair value of these restricted shares was $2.68 per share on April 19, 2016. The Company recognizes the share-based compensation expenses over the vesting period (or the requisite service period) on a graded-vesting method.

~~The Company recorded non-cash share-based compensation expense of nil and $36,641 for~~All the ~~three and nine months ended September 30, 2019,~~restricted shares granted in respect of the restricted shares granted on April 19, 2016 ~~respectively.~~had been vested on June 30, 2019.

~~No such non-cash share-based compensation expense was recognized for the three and nine months ended September 30, 2020, in respect of the restricted shares granted on April 19, 2016.~~

As of September 30, ~~2020,~~2021, there was no unrecognized stock-based compensation associated with the above restricted shares and 4,167 vested shares were to be issued.

CBAK Energy Technology, Inc. and subsidiaries

Notes to the condensed consolidated financial statements

For the three and nine months ended September 30, ~~2019~~2020 and ~~2020~~2021

(Unaudited)

(In US$ except for number of shares)

~~18.~~19.

Share-based Compensation (continued)

Restricted Shares (continued)

Restricted shares granted on August 23, 2019

On August 23, 2019, pursuant to the Company’s 2015 Equity Incentive Plan, the Compensation Committee granted an aggregate of 1,887,000 restricted share units of the Company’s common stock to certain employees, officers and directors of the Company, of which 710,000 restricted share units were granted to the Company’s executive officers and directors. There are two types of vesting schedules, (i) the share units will vest semi-annually in 6 equal installments over a three year period with the first vesting on September 30, 2019; (ii) the share units will vest annual in 3 equal installments over a three year period with the first vesting on March 31, 2021. The fair value of these restricted shares was $0.9 per share on August 23, 2019. The Company recognizes the share-based compensation expenses over the vesting period (or the requisite service period) on a graded-vesting method.

~~The Company recorded non-cash share-based compensation expense of $396,144 for the three and nine months ended September 30, 2019, in respect of the restricted shares granted on August 23, 2019.~~

The Company recorded non-cash share-based compensation expense of $161,775 and $615,871 for the three and nine months ended September 30, 2020, respectively, in respect of the restricted shares granted on August 23, ~~2020, respectively.~~2019.

The Company recorded non-cash share-based compensation expense of $54,845 and $202,880 for the three and nine months ended September 30, 2021, respectively, in respect of the restricted shares granted on August 23, 2020.

As of September 30, ~~2020,~~2021, non-vested restricted share units granted on August 23, 2019 are as follows:

Non-vested share units as of January 1, ~~2020~~2021	~~1,505,833~~855,504
Granted	-
Vested	(~~571,996~~565,663	)
Forfeited	(~~78,333~~12,668	)
Non-vested share units as of September 30, ~~2020~~2021	~~855,504~~277,173

As of September 30, ~~2020,~~2021, there was unrecognized stock-based compensation ~~$348,957~~$104,307 associated with the above restricted share units. As of September 30, ~~2020, 278,498~~2021, 277,165 vested shares were to be issued.

Restricted shares granted on October 23, 2020

On October 23, 2020, pursuant to the Company’s 2015 Equity Incentive Plan, the Compensation Committee granted an aggregate of 100,000 restricted share units of the Company’s common stock to an employee of the Company. In accordance with the vesting schedule of the grant, the restricted shares will vest semi-annually in 6 equal installments over a three year period with the first vesting on October 30, 2020. The fair value of these restricted shares was $3 per share on October 23, 2020. The Company recognizes the share-based compensation expenses over the vesting period (or the requisite service period) on a graded-vesting method.

The Company recorded non-cash share-based compensation expense of $35,948 and $130,485 for three and nine months ended September 30, 2021, respectively, in respect of the restricted shares granted on October 23, 2020.

As of September 30, 2021, non-vested restricted share units granted on October 23, 2020 are as follows:

Non-vested shares as of January 1, 2021	83,333
Vested	(16,667	)
Forfeited	-
Non-vested shares as of September 30, 2021	66,666

As of September 30, 2021, there was unrecognized stock-based compensation of $77,324 associated with the above restricted shares. As of September 30, 2021, nil vested shares were to be issued.

As the Company itself is an investment holding company which is not expected to generate operating profits to realize the tax benefits arising from its net operating loss carried forward, no income tax benefits were recognized for such stock-based compensation cost under the stock option plan for the three and nine months ended September 30, ~~2020.~~2021.

CBAK Energy Technology, Inc. and subsidiaries

Notes to the condensed consolidated financial statements

For the three and nine months ended September 30, ~~2019~~2020 and ~~2020~~2021

(Unaudited)

(In US$ except for number of shares)

~~19.~~20.

Income (Loss) Per Share

The following is the calculation of income (loss) per share:

Three months ended
September 30, Nine months ended
September 30,
2019 2020 2019 2020
Net income (loss) $ (1,787,068 ) $ 41,715 $ (6,928,575 ) $ (3,510,563 )
Less: Net loss (income) attributable to non-controlling interests 14,446 2,532 51,177 (2,386 )
Net (loss) income attributable to shareholders of CBAK Energy Technology, Inc. (1,772,622 ) 44,247 (6,877,398 ) (3,512,949 )

Weighted average shares outstanding – basic (note) 42,262,408 64,909,894 35,508,896 59,569,498
Dilutive unvested restricted stock - 490,164 - -
Weighted average shares outstanding – diluted 42,262,408
65,400,058
35,508,896
59,569,498

Income (loss) per share of common stock
Basic $ (0.04 ) $ 0.00 $ (0.19 ) $ (0.06 )
Diluted $ (0.04 ) $ 0.00 $ (0.19 ) $ (0.06 )

	Three months ended September 30,					Nine months ended September 30,
	2020		2021			2020			2021
Net income (loss)	$	41,715	$	20,023,221		$	(3,510,563	)	$	52,351,612
Less: Net loss (income) attributable to non-controlling interests		2,532		(3,487	)		(2,386	)		(21,995	)
Net (loss) income attributable to shareholders of CBAK Energy Technology, Inc.		44,247		20,019,734			(3,512,949	)		52,329,617

Weighted average shares outstanding – basic (note)		64,909,894		88,419,998			59,569,498			87,043,490
Dilutive unvested restricted stock		490,164		289,212			-			305,520
Weighted average shares outstanding – diluted		65,400,058		88,709,210			59,569,498			87,349,010

Income (loss) per share of common stock
Basic	$	0.00	$	0.23		$	(0.06	)	$	0.60
Diluted	$	0.00	$	0.23		$	(0.06	)	$	0.60

Note:

Including ~~307,000 vested restricted shares granted pursuant to the 2015 Plan that were not yet issued for the three and nine months ended September 30, 2019; and~~ 284,332 vested restricted shares granted pursuant to the 2015 Plan that were not yet issued for the three and nine months ended September 30, ~~2020.~~2020; and 282,999 vested restricted shares granted pursuant to the 2015 Plan that were not yet issued for the three and nine months ended September 30, 2021.

For the three and nine months ended September 30, ~~2019, 1,580,000 unvested restricted~~2021, 9,092,499 shares purchasable under warrants were ~~anti-dilutive and~~ excluded from EPS calculation, as their effects were anti-dilutive.

21.

Warrants

On December 8, 2020, the Company entered in a securities purchase agreement with certain institutional investors, pursuant to which the Company issued in a registered direct offering, an aggregate of 9,489,800 shares ~~used~~of its common stock at a price of $5.18 per share, for aggregate gross proceeds to the Company of approximately $49 million, before deducting fees to the placement agent and other estimated offering expenses payable by the Company. As part of the transaction, the institutional investors also received warrants (“Investor Warrants”) for the purchase of up to 3,795,920 shares of the Company’s common stock at an exercise price of $6.46 per share exercisable for 36 months from the date of issuance. In addition, the placement agent for this transaction also received warrants (“Placement Agent Warrants”) for the purchase of up to 379,592 shares of the Company’s common stock at an exercise price of $6.475 per share exercisable for 36 months after 6 months from the issuance.

On February 8, 2021, the Company entered into another securities purchase agreement with the same investors, pursuant to which the Company issued in a registered direct offering, an aggregate of 8,939,976 shares of common stock of the Company at a per share purchase price of $7.83. In addition, the Company issued to the investors (i) in a concurrent private placement, the Series A-1 warrants to purchase a total of 4,469,988 shares of common stock, at a per share exercise price of $7.67 and exercisable for 42 months from the date of issuance; (ii) in the ~~diluted computation.~~registered direct offering, the Series B warrants to purchase a total of 4,469,988 shares of common stock, at a per share exercise price of $7.83 and exercisable for 90 days from the date of issuance; and (iii) in the registered direct offering, the Series A-2 warrants to purchase up to 2,234,992 shares of common stock, at a per share exercise price of $7.67 and exercisable for 45 months from the date of issuance. The Company received gross proceeds of approximately $70 million from the registered direct offering and the concurrent private placement, before deducting fees to the placement agent and other estimated offering expenses of $5.0 million payable by the Company. In addition, the placement agent for this transaction also received warrants (“Placement Agent Warrants”) for the purchase of up to 446,999 shares of the Company’s common stock at an exercise price of $9.204 per share exercisable for 36 months after 6 months from the issuance.

CBAK Energy Technology, Inc. and subsidiaries

Notes to the condensed consolidated financial statements

For the three and nine months ended September 30, 2020 and 2021

(Unaudited)

(In US$ except for number of shares)

21.

Warrants (continued)

The Company has performed a thorough reassessment of the terms of its warrants with reference to the provisions of ASC Topic 815-40-15-7I, regarding its exposure to changes in currency exchange rates. This reassessment has led to the management’s conclusion that the Company’s warrants issued to the investors should not be considered indexed to the Company’s own stock because the warrants are denominated in U.S. dollar, which is different from the Company’s functional currency, Renminbi. Warrants are remeasured at fair value with changes in fair value recorded in earnings in each reporting period.

There was a total of 9,092,499 warrants issued and outstanding as of September 30, ~~2020, 855,504 unvested restricted shares were anti-dilutive and excluded from shares used~~2021.

The fair value of the outstanding warrants was calculated using Binomial Model based on backward induction with the following assumptions:

Warrants issued in the ~~diluted computation.~~2020 Financing

Warrants holder	Investor Warrants			Placement Agent Warrants
Appraisal Date (Inception Date)	December 10, 2020			December 10, 2020
Market price per share (USD/share)	$	5.36		$	5.36
Exercise price (USD/price)		6.46			6.475
Risk free rate		0.2	%		0.2	%
Dividend yield		0.0	%		0.0	%
Expected term/ Contractual life (years)		3.0 years			3.5 years
Expected volatility		211.5	%		211.5	%

Appraisal Date	December 31, 2020			December 31, 2020
Market price per share (USD/share)	$	5.06		$	5.06
Exercise price (USD/price)		6.46			6.475
Risk free rate		0.2	%		0.2	%
Dividend yield		0.0	%		0.0	%
Expected term/ Contractual life (years)		2.9 years			3.4 years
Expected volatility		187.6	%		187.6	%

Appraisal Date	September 30, 2021			September 30, 2021
Market price per share (USD/share)	$	2.33		$	2.33
Exercise price (USD/price)		6.46			6.475
Risk free rate		0.3	%		0.4	%
Dividend yield		0.0	%		0.0	%
Expected term/ Contractual life (years)		2.2 years			2.7 years
Expected volatility		133.5	%		127.4	%

Warrants issued in the 2021 Financing

Warrants holder	Investor Warrants									Placement Agent Warrants
Appraisal Date (Inception Date)	Series A1 February 10, 2021			Series A2 February 10, 2021			Series B February 10, 2021			February 10, 2021
Market price per share (USD/share)	$	7.36		$	7.36		$	7.36		$	7.36
Exercise price (USD/price)		7.67			7.67			7.83			9.204
Risk free rate		0.2	%		0.3	%		0.0	%		0.2	%
Dividend yield		0.0	%		0.0	%		0.0	%		0.0	%
Expected term/ Contractual life (years)		3.5 years			3.8 years			0.3 years			3.5 years
Expected volatility		121.8	%		119.5	%		214.5	%		121.8	%

~~20.~~CBAK Energy Technology, Inc. and subsidiaries

Notes to the condensed consolidated financial statements

For the three and nine months ended September 30, 2020 and 2021

(Unaudited)

(In US$ except for number of shares)

21.

Warrants (continued)

Warrants issued in the 2021 Financing (continued)

Warrants holder	Investor Warrants			Placement Agent Warrants
Appraisal Date	Series A1 September 30, 2021			September 30, 2021
Market price per share (USD/share)		2.33			2.33
Exercise price (USD/price)		7.67			9.204
Risk free rate		0.5	%		0.5	%
Dividend yield		0.0	%		0.0	%
Expected term/ Contractual life (years)		2.9 years			2.9 years
Expected volatility		126.9	%		126.9	%

The following is a reconciliation of the beginning and ending balances of warrants liability measured at fair value on a recurring basis using Level 3 inputs:

	December 31,			September 30,
	2020			2021
Balance at the beginning of period	$	-		$	17,783,000
Warrants issued to institution investors		17,980,000			47,519,000
Warrants issued to placement agent		1,875,000			2,346,000
Warrants redeemed		-			-
Fair value change of warrants included in earnings		(2,072,000	)		(57,174,000	)
	$	17,783,000		$	10,474,000

The following is a summary of the warrant activity:

	Number of Warrants		Average Exercise Price		Weighted Average Remaining Contractual Term in Years

Outstanding at January 1, 2021		4,175,512	$	6.46		3.0
Exercisable at January 1, 2021		3,795,920	$	6.46		2.9
Granted		11,621,967		7.79		2.3
Exercised / surrendered		-		-
Expired		6,704,980		7.78		-
Outstanding at September 30, 2021		9,092,499		7.19		2.58
Exercisable at September 30, 2021		9,092,499		7.19		2.58

22.

Fair Value of Financial Instruments

ASC Topic 820, Fair Value Measurement and Disclosures, defines fair value as the exchange price that would be received for an asset or paid to transfer a liability (an exit price) in the principal or most advantageous market for the asset or liability in an orderly transaction between market participants on the measurement date. This topic also establishes a fair value hierarchy, which requires classification based on observable and unobservable inputs when measuring fair value. Certain current assets and current liabilities are financial instruments. Management believes their carrying amounts are a reasonable estimate of fair value because of the short period of time between the origination of such instruments and their expected realization and, if applicable, their current interest rates are equivalent to interest rates currently available. The three levels of valuation hierarchy are defined as follows:

	●	Level 1 inputs to the valuation methodology are quoted prices (unadjusted) for identical assets or liabilities in active markets.

	●	Level 2 inputs to the valuation methodology include quoted prices for similar assets and liabilities in active markets, and inputs that are observable for the assets or liability, either directly or indirectly, for substantially the full term of the financial instruments.

	●	Level 3 inputs to the valuation methodology are unobservable and significant to the fair value measurement.

The carrying amounts of financial assets and liabilities, such as cash and cash equivalents, pledged deposits, trade accounts and bills receivable and payable, other receivables, balances with former subsidiaries, other short-term loans, short-term and long-term bank loans and other payables approximate their fair values because of the short maturity of these instruments or the rate of interest of these instruments approximate the market rate of interest.

CBAK Energy Technology, Inc. and subsidiaries

Notes to the condensed consolidated financial statements

For the three and nine months ended September 30, ~~2019~~2020 and ~~2020~~2021

(Unaudited)

(In US$ except for number of shares)

23.

Commitments and Contingencies

~~21.~~

(i)

Capital Commitments ~~and Contingencies~~

~~(i)~~

~~Capital Commitments~~

As of December 31, ~~2019~~2020 and September 30, ~~2020,~~2021, the Company had the following contracted capital commitments:

December 31, September 30,
2019 2020
For construction of buildings $ 3,397,961 $ 1,799,705
For purchases of equipment - 348,346
Capital injection 83,900,000 285,657,784
$ 87,297,961 $ 287,805,835

	December 31,		September 30,
	2020		2021
For construction of buildings	$	2,465,092	$	638,162
For purchases of equipment		10,308,416		8,415,341
Capital injection		228,115,914		140,386,490
	$	240,889,422	$	149,439,993

(ii)

Litigation

~~From time to time,~~During its normal course of business, the Company may become involved in various lawsuits and legal ~~proceedings, which arise, in the ordinary course of business.~~proceedings. However, litigation is subject to inherent uncertainties, and an adverse result ~~in these, or other matters,~~ may arise from time to time ~~that may harm our business.~~will affect its operation. Other than the legal proceeding set forth below, the Company is currently not aware of any such legal proceedings or claims that the Company believe will have an adverse effect on ~~our business,~~the Company’s operation, financial condition or operating results.

On July 7, 2016, Shenzhen Huijie Purification System Engineering Co., Ltd (“Shenzhen Huijie”), one of the Company’s contractors, filed a lawsuit against CBAK Power in the Peoples’ Court of Zhuanghe City, Dalian, (the “Court of Zhuanghe”) for the failure to pay pursuant to the terms of the contract and entrusting part of the project of the contract to a third party without their prior consent. The plaintiff sought a total amount of $1,241,648 (RMB8,430,792), including construction costs of $0.9 million (RMB6.1 million, which the Company already accrued for at June 30, 2016), interest of ~~$29,455~~$29,812 (RMB0.2 million) and compensation of $0.3 million (RMB1.9 million). On September 7, 2016, upon the request of Shenzhen Huijie for property preservation, the Court of Zhuanghe froze CBAK Power’s bank deposits totaling ~~$1,241,648~~$1,210,799 (RMB8,430,792) for a period of one year. On September 1, 2017, upon the request of Shenzhen Huijie, the Court of Zhuanghe froze the bank deposits for another one year until August 31, 2018. The Court further froze the bank deposits for another one year until August 27, 2019 upon the request of Shenzhen Huijie on August 27, 2018. On August 27, 2019, the Court froze the bank deposits for another year until August 27, 2020, upon the request of Shenzhen Huijie. On June 28, 2020, the Court of Dalian entered the final judgement as described below and the frozen bank deposit was released in July 2020.

CBAK Energy Technology, Inc. and subsidiaries

Notes to the condensed consolidated financial statements

For the three and nine months ended September 30, ~~2019~~2020 and ~~2020~~2021

(Unaudited)

(In US$ except for number of shares)

~~21.~~23.

Commitments and Contingencies (continued)

(ii)

Litigation (continued)

On June 30, 2017, according to the trial of first instance, the Court of Zhuanghe ruled that CBAK Power should pay the remaining contract amount of RMB6,135,860 (approximately $0.9 million) claimed by Shenzhen Huijie as well as other expenses incurred including deferred interest, discounted charge on bills payable, litigation fee and property preservation fee totaled $0.1 million. The Company has accrued for these amounts as of December 31, 2017. On July 24, 2017, CBAK Power filed an appellate petition to the Intermediate Peoples’ Court of Dalian (“Court of Dalian)” to appeal the adjudication dated on June 30, 2017. On November 17, 2017, the Court of Dalian rescinded the original judgement and remanded the case to the Court of Zhuanghe for retrial. The Court of Zhuanghe conducted a retrial and requested an appraisal to be performed by a third-party appraisal institution on the construction cost incurred and completed by Shenzhen Huijie on the subject project. On November 8, 2018, the Company received from the Court of Zhuanghe the construction-cost-appraisal report which determined that the construction cost incurred and completed by Shenzhen Huijie for the subject project to be $1,344,605 (RMB9,129,868). On May 20, 2019, the Court of Zhuanghe entered a judgment that Shenzhen Huijie should pay back to CBAK Power $261,316 (RMB1,774,337) (the amount CBAK Power paid in excess of the construction cost appraised by the appraisal institution) and the interest incurred since April 2, 2019. Shenzhen Huijie filed an appellate petition to the Court of Dalian. On June 28, 2020, the Court of Dalian entered the final judgment that Shenzhen Huijie should pay back to CBAK Power $245,530 (RMB1,667,146) (the amount CBAK Power paid in excess of the construction cost appraised by the appraisal institution) and the interest incurred since April 2, 2019, and reimburse the litigation fees totaling $30,826 (RMB209,312) that CBAK Power has paid. As of September 30, ~~2020, the Company did~~2021, CBAK Power have not received the final judgement amount totaled ~~$276,356~~$0.3 million (RMB 1,876,458) from Shenzhen Huijie. Shenzhen Huijie filed an appellate petition to High Peoples’ Court of Liaoning (“Court of Liaoning”) to appeal the adjudication dated on June 28, 2020. In April 2021, the Court of Liaoning rescinded the original judgement and remanded the case to the Court of Dalian for retrial. Upon receiving the notice from the Court of Liaoning, CBAK Power has accrued the construction cost of $0.9 million (RMB6,135,860) as of September 30, 2021.

In May 2017, CBAK Power filed a lawsuit in the Court of Zhuanghe against Pingxiang Anyuan Tourism Bus Manufacturing Co., Ltd., (“Anyuan Bus”) one of CBAK Power’s customers, for failure to pay pursuant to the terms of the sales contract. CBAK Power sought a total amount of RMB18,279,858 ($2,692,173), including goods amount of RMB17,428,000 ($2,566,716) and interest of RMB851,858 ($125,458). On December 19, 2017, the Court of Zhuanghe determined that Anyuan Bus should pay the goods amount of RMB17,428,000 ($2,566,716) and the interest until the goods amount was paid off, and a litigation fee of RMB131,480 ($19,364). Anyuan Bus did not appeal and as a result, the judgment is currently in the enforcement phase. On June 29, 2018, the Company filed application petition with the Court of Zhuanghe for enforcement of the judgement against all of Anyuan Bus’s shareholders, including Jiangxi Zhixin Automobile Co., Ltd, Anyuan Bus Manufacturing Co., Ltd, Anyuan Coal Group Co., Ltd, Qian Ronghua, Qian Bo and Li Junfu. On October 22, 2018, the Court of Zhuanghe issued a judgment supporting the Company’s petition that all the Anyuan Bus’s shareholders should be liable to pay the Company the debt as confirmed under the trial. On November 9, 2018, all the shareholders of Anyuan Bus appealed against the judgment after receiving the notice from the Court. On March 29, 2019, the Company received judgment from the Court of Zhuanghe that all these six shareholders cannot be added as judgment debtors. On April 11, 2019, the Company filed appellate petition to the Intermediate Peoples’ Court of Dalian challenging the judgment from the Court of Zhuanghe. On October 9, 2019, the Intermediate Peoples’ Court of Dalian dismissed the appeal by the Company and affirmed the original judgment. As of December 31, ~~2019~~2020 and September 30, ~~2020,~~2021, the Company had made a full provision against the receivable from Anyuan Bus of RMB 17,428,000 ($~~2,566,716)~~2,703,424).

On August 9, 2019, upon the request of Shenzhen Xinjiatuo Automobile Technology Co., Ltd, Shenzhen Court of International Arbitration froze CBAK Power’s bank deposits totaling $0.16 million (RMB1,117,269), including equipment cost $0.14 million (RMB976,000), interest $0.02 million (RMB136,269) and litigation fees of $736 (RMB5,000) for a period of one year to August 2020. The Company believe that the plaintiff’s claims are without merit and are vigorously defending ourselves in this proceeding.

On August 7, 2019, CBAK Power filed counter claim arbitration against Shenzhen Xinjiatuo Automobile Technology Co., Ltd for return of the prepayment due to the unqualified equipment, and sought a total amount of $0.29 million (RMB1,986,400), including return of prepayment of $0.2 million (RMB1,440,000), liquidated damages of $70,692 (RMB480,000) and litigation fees of $9,785 (RMB66,440). In early July 2020, Shenzhen Court of International Arbitration made arbitration award dismissing the plaintiff’s claim and CBAK Power’s counterclaim and the frozen bank deposits were released in early August 2020.

CBAK Energy Technology, Inc. and subsidiaries

Notes to the condensed consolidated financial statements

For the three and nine months ended September 30, ~~2019~~2020 and ~~2020~~2021

(Unaudited)

(In US$ except for number of shares)

~~21.~~23.

Commitments and Contingencies (continued)

(ii)

Litigation (continued)

In November 2019, CBAK Suzhou received notice from Court of Suzhou city that Suzhou Industrial Park Security Service Co., Ltd (“Suzhou Security”) filed a lawsuit against CBAK Suzhou for the failure to pay pursuant to the terms of the sales contract. Suzhou Security sought a total amount of $20,576 (RMB139,713), including services expenses amount of $20,458 (RMB138,908) and interest of $119 (RMB805). Upon the request of Suzhou Security for property preservation, the Court of Suzhou froze CBAK Suzhou’s bank deposits totaling $0.02 million (RMB150,000) for a period of one year. As of September 30,December 2020, ~~$4,857 (RMB32,980) was frozen by bank and the Company had accrued the service cost of $20,576 (RMB139,713).~~

~~In October 2019,~~ CBAK Power received notice from Court of ~~Zhuanghe City~~Dalian Economic and Technology Development Zone that ~~Hunan Zhongke Xingcheng~~Shenzhen Haoneng Technology Co., ~~Ltd~~Ltd. (“~~Hunan Zhongke”~~Haoneng”) filed a lawsuit against CBAK Power for failure to pay pursuant to the terms of the equipment purchase contract. ~~Hunan Zhongke~~Haoneng sought a total amount of $148,074 (RMB1,005,425). In 2020, CBAK Power has settled $36,819 (RMB250,000). Upon the request of Hunan Zhongke for property preservation, the Court of Zhuanghe City ordered to freeze CBAK Power’s bank deposits totaling $0.1 million (RMB768,876) for a period of one year to September 2021. As of September 30, 2020, the Company had accrued the material$266,182 (RMB1,737,797), including equipment purchase cost of ~~$11,255 (RMB755,425)~~$267,428 (RMB1,724,000) and ~~nil was frozen by bank.~~

In October 2019, CBAK Power received notice from Court of Changshou District, Chongqing that Chongqing Zhongrun Chemistry Co., Ltd (“Chongqing Zhongrun”) filed arbitration against the Company for the failure to pay pursuant to the terms of the contract. The plaintiff sought a totalinterest amount of ~~$0.4 million (RMB2,484,948), including material cost of $0.4 million (RMB2,397,660) and interest of $12,855 (RMB87,288)~~$2,106 (RMB13,797). ~~On October 31, 2019,~~In August 2021, CBAK Power and ~~Chongqing Zhongrun~~Haoneng reached an agreement that CBAK Power would pay ~~the material cost~~Haoneng $54,292 (RMB350,000) by ~~the~~end of each month starting from August 2021 and balance of $50,259 (RMB324,000) by end of December ~~31, 2019. In 2020,~~2021 and Haoneng will waive the interest of CBAK Power ~~had settled $190,515 (RMB1,293,600).~~follow the payment schedule as per the agreement. As of September 30, ~~2020, the Company~~2021, CBAK Power has accrued ~~the remaining material~~unpaid equipment purchase cost of ~~$0.16 million (RMB1,104,060)~~$158,843 (RMB 1,024,000). In August 2020, upon the request of Chongqing Zhongrun for property preservation, the Court of Changshou District ordered to freeze CBAK Power’s bank deposits totaling $0.2 million (RMB1,249,836) for a period of one year to August 2021. As of September 30, 2020, nil was frozen by bank.

In December 2019, CBAK Power received notice from Court of Zhuanghe that Dalian Construction Electrical Installation Engineering Co., Ltd. (“Dalian Construction”) filed a lawsuit against CBAK Power for the failure to pay pursuant to the terms of the construction contract. Dalian Construction sought a total amount of $101,780 (RMB691,086) and interest $1,905 (RMB12,934). As of December 31, 2019, the Company has accrued the construction cost of $101,780 (RMB691,086). Upon the request of Dalian Construction for property preservation, the Court of Zhuanghe ordered to freeze CBAK Power’s bank deposits totaling $103,685 (RMB704,020) for a period of one year to December 2020. As of December 31, 2019, $97,384 (RMB661,240) was frozen by bank. In January 2020, CBAK Power and Dalian Construction have come to a settlement, and the bank deposit was then released.October, CBAK Power has ~~settled all the construction cost and related interests as of September 30, 2020.~~

~~In February 2020, CBAK Power received notice from Court of Zhuanghe that Dongguan Shanshan Battery Material Co., Ltd (“Dongguan Shanshan”) filed lawsuit against CBAK Power for the failure~~further repaid $54,292 (RMB350,000) to pay pursuant to the terms of the purchase contract. Dongguan Shanshan sought a total amount of $0.6 million (RMB4,434,209), which have already been accrued for as of September 30, 2020. Upon the request of Dongguan Shanshan for property preservation, the Court of Zhuanghe ordered to freeze CBAK Power’s bank deposits totaling $0.6 million (RMB4,434,209) for a period of one year to December 17, 2020. In July 2020, CBAK Power and Dongguan Shanshan have come to a settlement amount of $0.5 million (RMB3,635,192) and the bank deposit was then released. In October 2020, CBAK Power fail to payHaoneng according to the settlement, Dongguan Shanshan sought a total amount of $0.5 million (RMB3,635,192). Upon the request of Dongguan Shanshan for property preservation, the Court of Zhuanghe ordered to freeze CBAK Power’s bank deposits totaling $0.5 million (RMB3,365,192) for a period of one year to October 21, 2021.payment schedule.

~~CBAK Energy Technology, Inc. and subsidiaries~~

~~Notes to the condensed consolidated financial statements~~

~~For the three and nine months ended September 30, 2019 and 2020~~

~~(Unaudited)~~

~~(In US$ except for number of shares)~~

~~21.~~

~~Commitments and Contingencies (continued)~~

~~(ii)~~

~~Litigation (continued)~~

On March 20, 2020, CBAK Power received notice from Court of Nanpi County, Hebei Province that Cangzhou Huibang Engineering Manufacturing Co., Ltd (“Cangzhou Huibang”) filed a lawsuit against CBAK Power for the failure to pay pursuant to the terms of the purchase contract. Cangzhou Huibang sought a total amount of $0.3 million (RMB2,029,594), including materials purchase cost of $0.3 million (RMB1,932,947), and interest of $14,234 (RMB96,647). As of September 30, 2020, the Company has accrued materials purchase cost of $0.3 million (RMB1,932,947). Upon the request of Cangzhou Huibang for property preservation, the Court of Nanpi ordered to freeze CBAK Power’s bank deposits totaling $0.4 million (RMB2,650,000) for a period of one year to March 3, 2020. As of September 30, 2020, $3,280 (RMB22,270) was frozen by bank.

In April 2020, CBAK Power received notice from Court of Nanshan District of Shenzhen that Shenzhen Klclear Technology Co., Ltd. (“Shenzhen Klclear”) filed lawsuit against CBAK Power for the failure to pay pursuant to the terms of the materials purchase contract. Shenzhen Klclear sought a total amount of $1 million (RMB6,250,764), which the Company had already accrued for as of September 30, 2020.

~~In May~~December 2020, CBAK Power received notice from Court of Dalian Economic and Technology Development Zone that ~~Tianjin Changxing Metal Co., Ltd (“Tianjin Changxing”)~~Haoneng filed aanother lawsuit against CBAK Power for failure to pay pursuant to the terms of the purchase contract. ~~Tianjin Changxing~~Haoneng sought a total amount of ~~$28,511 (RMB193,588)~~$1.57million (RMB10,257,030), including equipment cost of $1.4 million (RMB9,072,000) and interest amount of $0.17 million (RMB1,185,030). OnIn August ~~24, 2020, upon~~2021, CBAK Power and Haoneng reached an agreement that the ~~request~~term of ~~Tianjin Changxing for property preservation,~~ the ~~Court~~purchase contract will be extended to December 31, 2023 under which CBAK Power and its related parties shall execute the purchase of ~~Dalian Economic and Technology Development Zone ordered~~equipment in an amount not lower than RMB 15,120,000 from Haoneng, or CBAK Power has to ~~freeze~~pay 15% of the amount equal to RMB 15,120,000 less purchased amount from Haoneng. Haoneng withdrew the lawsuit against CBAK ~~Power’s bank deposits totaling $31,648 (RMB214,892) for a period of one year.~~Power after the agreement is signed. As of September 30, ~~2020, $1,691 (RMB11,479)~~2021, the equipment was ~~frozen~~not received by ~~bank and~~CBAK Power, CBAK Power has included the ~~Company had accrued the material purchase~~equipment cost of ~~$28,511 (RMB193,588).~~$1.4 million (RMB9,072,000) under capital commitments.

In May 2020, CBAK Power received notice from Court of Wuqing District, Tianjin that Tianjin Changyuan Electric Material Co., Ltd (“Tianjin Changyuan”) filed lawsuit against CBAK Power for failure to pay pursuant to the terms of the purchase contract. The plaintiff sought a total amount of $12,538 (RMB85,136), including material cost of $11,698 (RMB79,429) and interest of $840 (RMB5,707). In July, 2020, upon the request of the plaintiff for property preservation, the Court of Wuqing District, Tianjin ordered to freeze CBAK Power’s bank deposits totaling $12,538 (RMB85,136) for a period of one year. As of September 30, 2020, $12,538 (RMB85,136) was frozen by bank and the Company had accrued the material purchase cost of $12,538 (RMB85,136).

In June 2020, CBAK Suzhou received notice from Court of Suzhou Industrial Park that Ligao (Shandong) New Energy Technology Co., Ltd (“Ligao”) filed a lawsuit against CBAK Suzhou for the failure to pay pursuant to the terms of the purchase contract. Ligao sought a total amount of $11,384 (RMB77,599), including contract amount of $10,807 (RMB73,380) and interest of $621 (RMB4,219). As of September 30, 2020, the Company had accrued the material purchase cost of $10,807 (RMB73,380).

In June 2020, CBAK Suzhou received notice from Court of Yushui District, Xinyu City that Jiangxi Ganfeng Battery Technology Co., Ltd (“Ganfeng Battery”) filed a lawsuit against CBAK Suzhou for the failure to pay pursuant to the terms of the purchase contract. Ganfeng Battery sought a total amount of $111,308 (RMB755,780), including contract amount of $107,954 (RMB733,009) and interest of $3,354 (RMB22,771). Upon the request of Ganfeng Battery for property preservation, the Court of Yushui froze CBAK Suzhou’s bank deposits totaling $113,401 (RMB769,994) for a period of one year. As of September 30, 2020, nil was frozen by bank and CBAK Suzhou had accrued the material purchase cost of $107,954 (RMB733,009).

CBAK Energy Technology, Inc. and subsidiaries

Notes to the condensed consolidated financial statements

For the three and nine months ended September 30, ~~2019~~2020 and ~~2020~~2021

(Unaudited)

(In US$ except for number of shares)

~~21.~~

~~Commitments and Contingencies (continued)~~

~~(ii)~~

~~Litigation (continued)~~

In June 2020, CBAK Suzhou received notice from Court of Suzhou Industrial Park that Suzhou Jihongkai Machine Equipment Co., Ltd (“Jihongkai”) filed a lawsuit against CBAK Suzhou for the failure to pay pursuant to the terms of the purchase contract. Jihongkai sought contract amount of $25,880 (RMB175,722) and interest as accrued until settlement. As of September 30, 2020, the Company had accrued the material purchase cost of $25,880 (RMB175,722).

In June 2020, CBAK Power received notice from Court of Dalian Economic and Technology Development Zone that Nanjing Jinlong Chemical Co., Ltd. (“Nanjing Jinlong”) filed a lawsuit against CBAK Power for the failure to pay pursuant to the terms of the purchase contract. Nanjing Jinlong sought a total amount of $121,060 (RMB822,000). Upon the request of Nanjing Jinlong for property preservation, the Court of Dalian Economic and Technology Development Zone ordered to freeze CBAK Power’s bank deposits totaling $121,060 (RMB822,000) for a period of one year. As of September 30, 2020, $16 (RMB107) was frozen by bank and the Company had accrued the material purchase cost of $121,060 (RMB822,000).

In June 2020, CBAK Power received notice from Court of Dalian Economic and Technology Development Zone that Xi’an Anpu New Energy Technology Co. LTD (“Xi’an Anpu”) filed a lawsuit against CBAK Power for the failure to pay pursuant to the terms of the equipment purchase contract. Xi’an Anpu sought a total amount of 124,294 (RMB843,954), including RMB768,000 for equipment cost and RMB75,954 for liquidated damages). Upon the request of Xi’an Anpu for property preservation, the Court of Dalian Economic and Technology Development Zone ordered to freeze CBAK Power’s bank deposits $0.1 million (RMB843,954) for a period to May 11, 2022. As of September 30, 2020, $97,727 (RMB629,620) was frozen by bank and the Company had accrued the equipment purchase cost of $113,108 (RMB768,000).

In June 2020, CBAK Power received notice from Court of Dalian Economic and Technology Development Zone that Shenzhen Gd Laser Technology Co., Ltd. (“Shenzhen Gd”) filed a lawsuit against CBAK Power for the failure to pay pursuant to the terms of the purchase contract. Shenzhen Gd sought a total amount of $23,762 (RMB161,346), including equipment cost of $22,091 (RMB150,000) and interest amount of $1,671 (RMB11,346).

~~CBAK Energy Technology, Inc. and subsidiaries~~

~~Notes to the condensed consolidated financial statements~~

~~For the three and nine months ended September 30, 2019 and 2020~~

~~(Unaudited)~~

~~(In US$ except for number of shares)~~

~~22.~~24.

Concentrations and Credit Risk

(a)

Concentrations

The Company had the following customers that individually comprised 10% or more of net revenue for the three months ended September 30, ~~2019~~2020 and ~~2020~~2021 as follows:

Three months ended
September 30,
2019 2020
Sales of finished goods and raw materials
Customer A $ 2,118,783 26.19 % $ 1,588,192 14.95 %
Customer B 2,264,415 27.99 % * *
Customer C * * 1,278,893 12.04 %
Zhengzhou BAK Battery Co., Ltd (note a) 1,941,101 23.99 % 4,269,312 40.2 %
Zhengzhou BAK New Energy Technology Co., Ltd (note b) * * % 1,896,207 17.85 %

	Three months ended September 30,
	2020				2021
Sales of finished goods and raw materials
Customer A	$	1,588,192	14.95	%	$	*	*
Customer C		1,278,893	12.04	%		3,103,626	32.46	%
Customer D		*	*			1,081,071	11.31	%
Zhengzhou BAK Battery Co., Ltd (note a)		4,269,312	40.20	%		*	*
Zhengzhou BAK New Energy Technology Co., Ltd (note d)		1,896,207	17.85	%		*	*

Comprised less than 10% of net revenue for the respective period.

The Company had the following customers that individually comprised 10% or more of net revenue for the nine months ended September 30, ~~2019~~2020 and ~~2020~~2021 as follows:

Nine months ended
September 30,
2019 2020
Sales of finished goods and raw materials
Customer A $ 5,994,110 34.19 % $ 5,793,828 26.16 %
Customer B 3,330,675 19.00 % * *
Customer C * * 2,908,728 13.13 %
Customer D * * 3,787,585 17.10 %
Zhengzhou BAK Battery Co., Ltd (note a) 1,941,101 11.07 % 4,269,312 19.28

	Nine months ended September 30,
	2020				2021
Sales of finished goods and raw materials
Customer A	$	5,793,828	26.16	%	$	2,583,245	10.39	%
Customer B		*	*			2,777,456	11.17	%
Customer C		2,908,728	13.13	%		4,693,308	18.87	%
Customer D		*	*			3,360,174	13.51	%
Customer E		3,787,585	17.10	%		*	*
Zhengzhou BAK Battery Co., Ltd (note a)		4,269,312	19.28	%		*	*

Comprised less than 10% of net revenue for the respective period.

The Company had the following customers that individually comprised 10% or more of accounts receivable (net) as of December 31, ~~2019~~2020 and September 30, ~~2020~~2021 as follows:

December 31,
2019 September 30,
2020
Customer A $ 1,725,293 21.93 % $ 2,087,657 11.09 %
Customer B 1,713,628 21.78 % * *
Customer D * * 4,373,326 23.23 %
Customer E 902,309 11.47 % * *
Customer F 830,821 10.56 % * *
Zhengzhou BAK New Energy Technology Co., Ltd (note b) * * 2,103,771 11.17 %
Zhengzhou BAK Battery Co., Ltd (note a) * * 4,970,545 26.40 %

	December 31, 2020				September 30, 2021
Customer A	$	3,148,737	11.23	%	$	2,845,127	12.94	%
Customer C		*	*			3,538,038	16.10	%
Zhengzhou BAK Battery Co., Ltd (note a)		15,258,164	54.42	%		4,562,413	20.76	%

Comprised less than 10% of account receivable (net) for the respective period.

CBAK Energy Technology, Inc. and subsidiaries

Notes to the condensed consolidated financial statements

For the three and nine months ended September 30, ~~2019~~2020 and ~~2020~~2021

(Unaudited)

(In US$ except for number of shares)

~~22.~~24.

Concentrations and Credit Risk (continued)

(a)

Concentrations (continued)

The Company had the following suppliers that individually comprised 10% or more of net purchase for the three months ended September 30, ~~2019~~2020 and ~~2020~~2021 as follows:

Three months ended September 30,
2019 2020
Supplier A $ 1,949,106 22.67 % $ * *
Supplier B * * 4,329,602 72.65 %
Zhengzhou BAK New Energy Vehicle Co., Ltd (note b) 3,838,213 44.64 % * *

	Three months ended September 30,
	2020				2021
Supplier A	$	*	*		$	810,963	13.29	%
Supplier B		4,329,602	72.65	%		704,401	11.54	%

The Company had the following suppliers that individually comprised 10% or more of net purchase for the nine months ended September 30, ~~2019~~2020 and ~~2020~~2021 as follows:

Nine months ended September 30,
2019 2020
Supplier A $ 2,940,420 20.43 % $ * *
Supplier B * * 4,329,602 36.47 %
Shenzhen BAK (note c) * * 3,841,680 32.35 %
Zhengzhou BAK New Energy Vehicle Co., Ltd (note b) 3,838,213 26.67 % * *

	Nine months ended September 30,
	2020				2021
Supplier B		4,329,602	36.47	%		*	*
Shenzhen BAK (note b)		3,841,680	32.35	%		*	*

Comprised less than 10% of net purchase for the respective period.

The Company had the following suppliers that individually comprised 10% or more of accounts payable as of December 31, ~~2019~~2020 and September 30, ~~2020~~2021 as follows:

	December 31, 2020				September 30, 2021
Supplier B	$	9,272,478	47.40	%	$	*	*
Supplier C		2,017,814	10.32	%		970,564	17.99	%
Supplier D		*	*			709,952	13.16	%

December 31, 2019 September 30, 2020
Supplier B * * 4,798,233 38.04 %
Supplier C $ 1,126,582 10.10 % $ * *

Apart from the above, for the three and nine months ended September 30, ~~2019~~2020 and ~~2020,~~2021, the Company recorded the following transactions:

Three months ended
September 30, Nine months ended
September 30,
2019 2020 2019 2020
Purchase of inventories from
BAK Shenzhen (note c) $ - $ - $ 65,102 $ -

Sales of finished goods and raw materials to
BAK Shenzhen (note c) - - 769,052 -
Zhengzhou BAK New Energy Technology Co., Ltd (note b) - 1,896,207 - 1,896,207

	Three months ended September 30,				Nine months ended September 30,
	2020		2021		2020		2021
Purchase of inventories from
Zhengzhou BAK Battery Co., Ltd (note a)		-		477,185		-		1,736,494

Sales of finished goods and raw materials to
BAK Shenzhen (note b)		-		-				18,402
Zhengzhou BAK Electronics Co., Ltd (note c)		-		746		-		413,099
Zhengzhou BAK Battery Co., Ltd (note a)		-		6,982				148,564

Apart from the above, the Company recorded the following as of December 31, 2020 and September 30, 2021:

	December 31, 2020		September 30, 2021
Trade accounts and bills receivables, net
Zhengzhou BAK Electronics Co., Ltd (note c)	$	-		422,080
Zhengzhou BAK New Energy Technology Co., Ltd (note d)		1,759,050		840,675

	Notes:
	a	Mr. Xiangqian Li, the Company’s former CEO, is a director of Zhengzhou BAK Battery Co., Ltd.
	b	Mr. Xiangqian Li is a director of BAK Shenzhen and Shenzhen BAK.
	c	BAK Shenzhen has 95% equity interests in Zhengzhou BAK Electronics Co., Ltd. Up to the date of this report, Zhengzhou BAK Electronics Co., Ltd. repaid $27,839 to the Company.
	d	Mr. Xiangqian Li, is a director of Zhengzhou BAK New Energy ~~Vehicle~~Technology Co., ~~Ltd, which has 29% equity interests in~~Ltd. Up to the date of this report, Zhengzhou BAK New Energy Technology Co., Ltd
repaid $219,943 to the Company.	c	~~Mr. Xiangqian Li is a director of BAK Shenzhen and Shenzhen BAK~~

CBAK Energy Technology, Inc. and subsidiaries

Notes to the condensed consolidated financial statements

For the three and nine months ended September 30, ~~2019~~2020 and ~~2020~~2021

(Unaudited)

(In US$ except for number of shares)

~~22.~~24.

Concentrations and Credit Risk (continued)

(b)

Credit Risk

Financial instruments that potentially subject the Company to a significant concentration of credit risk consist primarily of cash and cash equivalents and pledged deposits. As of December 31, ~~2019~~2020 and September 30, ~~2020,~~2021, substantially all of the Company’s cash and cash equivalents were held by major financial institutions located in the PRC, which management believes are of high credit quality.

For the credit risk related to trade accounts receivable, the Company performs ongoing credit evaluations of its customers and, if necessary, maintains reserves for potential credit losses. Historically, such losses have been within management’s expectations.

~~23.~~25.

Segment Information

The Company used to engage in ~~one~~1 business segment, the manufacture, commercialization and distribution of a wide variety of standard and customized lithium ion rechargeable batteries for use in a wide array of applications. The Company manufactured five types of Li-ion rechargeable batteries: aluminum-case cell, battery pack, cylindrical cell, lithium polymer cell and high-power lithium battery cell. The Company’s products are sold to packing plants operated by third parties primarily for use in mobile phones and other electronic devices.

After the disposal of BAK International and its subsidiaries (see Note 1), the Company focused on producing high-power lithium battery cells. Net revenues for the three and nine months ended September 30, ~~2019~~2020 and ~~2020~~2021 were as follows:

Net revenues by product:

Three months ended
September 30, Nine months ended
September 30,
2019 2020 2019 2020
High power lithium batteries used in:
Electric vehicles $ 2,885,305 $ 407,802 $ 4,425,875 $ 741,657
Light electric vehicles - 22,859 - 26,203
Uninterruptable supplies 5,204,499 5,920,683 13,106,540 17,109,005
8,089,804 6,351,344 17,532,415 17,876,865
Raw materials used in lithium batteries - 4,269,312 - 4,269,312
Total $ 8,089,804 $ 10,620,656 $ 17,532,415 $ 22,146,177

	Three months ended September 30,					Nine months ended September 30,
	2020		2021			2020		2021
High power lithium batteries used in:
Electric vehicles	$	407,802	$	6		$	741,657	$	101,378
Light electric vehicles		22,859		227,333			26,203		335,896
Uninterruptable supplies		5,920,683		9,335,146			17,109,005		23,911,865
		6,351,344		9,562,485			17,876,865		24,349,139
Raw materials used in lithium batteries		4,269,312		(295	)		4,269,312		518,254
Total	$	10,620,656	$	9,562,190		$	22,146,177	$	24,867,393

Net revenues by geographic area:

Three months ended
September 30, Nine months ended
September 30,
2019 2020 2019 2020
Mainland China $ 8,016,931 $ 10,007,044 $ 17,034,593 $ 21,243,763
USA (3,638 ) - 219,827 -
Europe - 506,606 - 770,406
PRC Taiwan (7 ) - 445 -
Israel (1,980 ) - 119,698 -
Others 78,498 107,006 157,852 132,008
Total $ 8,089,804 $ 10,620,656 $ 17,532,415 $ 22,146,177

	Three months ended September 30,				Nine months ended September 30,
	2020		2021		2020		2021
Mainland China	$	10,007,044	$	8,302,259	$	21,243,763	$	21,304,496
Europe		506,606		1,042,996		770,406		3,322,534
Others		107,006		216,935		132,008		240,363
Total	$	10,620,656	$	9,562,190	$	22,146,177	$	24,867,393

Substantially all of the Company’s long-lived assets are located in the PRC.

ITEM 2. MANAGEMENT’S DISCUSSION AND ANALYSIS OF FINANCIAL CONDITION AND RESULTS OF OPERATIONS.

The following management’s discussion and analysis should be read in conjunction with our financial statements and the notes thereto and the other financial information appearing elsewhere in this report. Our financial statements are prepared in U.S. dollars and in accordance with U.S. GAAP.

Special Note Regarding Forward Looking Statements

Statements contained in this report include “forward-looking statements” within the meaning of such term in Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities Exchange Act of 1934, as amended. We use words such as “believe,” “expect,” “anticipate,” “project,” “target,” “plan,” “optimistic,” “intend,” “aim,” “will” or similar expressions which are intended to identify forward-looking statements. Such statements include, among others, those concerning market and industry segment growth and demand and acceptance of new and existing products; any projections of sales, earnings, revenue, margins or other financial items; any statements of the plans, strategies and objectives of management for future operations; any statements regarding future economic conditions or performance; as well as all assumptions, expectations, predictions, intentions or beliefs about future events. You are cautioned that any such forward-looking statements are not guarantees of future performance and involve risks and uncertainties, including those identified in Item 1A, “Risk Factors” described in our Annual Report on Form 10-K for the fiscal year ended December 31, ~~2019,~~2020, as well as assumptions, which, if they were to ever materialize or prove incorrect, could cause the results of the Company to differ materially from those expressed or implied by such forward-looking statements.

Readers are urged to carefully review and consider the various disclosures made by us in this report and our other filings with the SEC. These reports attempt to advise interested parties of the risks and factors that may affect our business, financial condition and results of operations and prospects. The forward-looking statements made in this report speak only as of the date hereof and we disclaim any obligation, except as required by law, to provide updates, revisions or amendments to any forward-looking statements to reflect changes in our expectations or future events.

Use of Terms

Except as otherwise indicated by the context and for the purposes of this report only, references in this report to:

●

“Company”, “we”, “us” and “our” are to the combined business of CBAK Energy Technology, Inc., a Nevada corporation, and its consolidated subsidiaries;

●

“BAK Asia” are to our Hong Kong subsidiary, China BAK Asia Holdings Limited;

●

“CBAK Trading” are to our PRC subsidiary, Dalian CBAK Trading Co., Ltd.;

●

“CBAK Power” are to our PRC subsidiary, Dalian CBAK Power Battery Co., Ltd;

●

“CBAK Suzhou” are to our PRC subsidiary, CBAK New Energy (Suzhou) Co., Ltd;

●

“CBAK Energy” are to our PRC subsidiary, Dalian CBAK Energy Technology Co., Ltd.

●

“BAK Investments” are to our Hong Kong subsidiary, BAK Asia Investments Limited;

●

“CBAK Nanjing” are to our PRC subsidiary, CBAK New Energy (Nanjing) Co., Ltd;

●

“Nanjing CBAK” are to our PRC subsidiary, Nanjing CBAK New Energy Technology Co., Ltd.

	●	“Nanjing Daxin” are to our PRC subsidiary, Nanjing Daxin New Energy Automobile Industry Co., Ltd.

	●	“Jiangsu Daxin” are to our PRC subsidiary, Daxin New Energy Automobile Technology (Jiangsu) Co., Ltd.

	●	“China” and “PRC” are to the People’s Republic of China;

●

“RMB” are to Renminbi, the legal currency of China;

●

“U.S. dollar”, “$” and “US$” are to the legal currency of the United States;

●

“SEC” are to the United States Securities and Exchange Commission;

●

“Securities Act” are to the Securities Act of 1933, as amended; and

●

“Exchange Act” are to the Securities Exchange Act of 1934, as amended.

~~Overview~~

Overview

We are ~~engaged in the business~~a manufacturer of ~~developing, manufacturing and selling~~ new energy high power lithium batteries ~~which~~that are mainly used in light electric vehicles, electric vehicles, electric tools, energy storage (such as uninterruptible power supply (UPS) applications) and other high-power applications. Our primary product offering consists of new energy high power lithium batteries, but we are also seeking to expand into the ~~following applications:~~production and sale of light electric vehicles.

●

~~Electric vehicles (“EV”), such as electric cars, electric buses, hybrid electric cars and buses;~~

●

~~Light electric vehicles (“LEV”), such as electric bicycles, electric motors, sight-seeing cars; and~~

●

~~Electric tools, energy storage, uninterruptible power supply, and other high power applications.~~

We acquired most of ~~the~~our operating assets, including customers, employees, patents and technologies offrom our former subsidiary BAK International (Tianjin) Ltd. (“BAK Tianjin”). ~~Such~~We acquired these assets ~~were acquired~~ in exchange for a reduction in ~~receivables~~accounts receivable from our former subsidiaries that were disposed of in June 2014. ~~For now,~~

As of September 30, 2021, we ~~have equipped with complete production equipment which can fulfil most of our customers’ needs.~~report financial and operational information in one segment: high-power lithium battery cells production.

We currently conduct our business through ~~(i) three~~seven wholly-owned operating subsidiaries in ~~China that we~~China. We own these operating subsidiaries through BAK Asia anand BAK Investments, which are investment holding ~~company~~companies formed under the laws of Hong ~~Kong~~Kong.

As disclosed in our Annual Report on ~~July 9, 2013; (ii) one wholly-owned operating~~Form 10-K for the fiscal year ended December 31, 2020 filed on April 13, 2021 and other reports filed with the SEC, we have been expanding our manufacturing capabilities through construction of new production lines in Nanjing and Dalian, China. To maintain our competitive position, we are also developing the model 32140 large-sized cylindrical “tabless” battery and the special 26650 lithium battery designed for application in ultra-low temperature. In addition, we have been developing our light electric vehicle business via our PRC subsidiary, Nanjing Daxin. On January 18, 2021, Nanjing Daxin established a branch in ~~China that we own through BAK Investments, an investment holding company formed under~~Tianjin City for the ~~laws~~production of ~~Hong Kong that we acquired on July 14, 2020; (iii) CBAK Suzhou,~~light electric vehicles. On August 4, 2021, Nanjing Daxin established a ~~90%~~wholly owned subsidiary, ~~of CBAK Power, one of our wholly-owned PRC operating subsidiaries; (iv) Nanjing CBAK, a 100% owned subsidiary of CBAK Nanjing, one of our wholly-owned PRC operating subsidiaries; and (v) Nanjing~~ Daxin ~~a 100% owned subsidiary of CBAK Nanjing, one of our wholly-owned PRC operating subsidiaries:~~New Energy Automobile Technology (Jiangsu) Co., Ltd., or Jiangsu Daxin, to focus on light electric vehicle technology.

	●	CBAK Trading, wholly-owned by BAK Asia, located in Dalian, China, incorporated on August 14, 2013, focuses on the wholesale of lithium batteries and lithium batteries’ materials, import & export business and related technology consulting service.

	●	~~CBAK Power, wholly-owned by BAK Asia, located in Dalian, China, incorporated on December 27, 2013, focuses on the development and manufacture of high-power lithium batteries.~~

	●	~~CBAK Suzhou, 90% owned by CBAK Power, located in Suzhou, China, incorporated on May 4, 2018, focuses on the development and manufacture of new energy high power battery packs.~~

	●	CBAK Energy, wholly-owned by BAK Asia, located in Dalian, China, incorporated on November 21, 2019, focuses on the development and manufacture of lithium batteries, wholesale of lithium batteries and lithium batteries’ materials, import & export business and related technology consulting service.

	●	CBAK Nanjing, wholly-owned by BAK Investments located in Nanjing, China, incorporated on July 31, 2020, focuses on the development and manufacture of lithium batteries, wholesale of lithium batteries and lithium batteries’ materials, import & export business and related technology consulting service.

	●	Nanjing CBAK, wholly owned by CBAK Nanjing, located in Nanjing, China, incorporated on August 6, 2020, focuses on the development and manufacture of lithium batteries, wholesale of lithium batteries and lithium batteries’ materials, import & export business and related technology consulting service.

	●	~~Nanjing Daxin, wholly-owned by CBAK Nanjing, incorporated on November 9, 2020, has not commenced operations.~~

We generated revenues of $10.6 million and $8.1 million for the three months ended September 30, 2020 and 2019, respectively. We had a net profit of $41,715 and a net loss of $1.8 million in the three months ended September 30, 2020 and 2019, respectively. As of September 30, 2020, we had an accumulated deficit of $179.7 million and net assets of $17.0 million. We had a working capital deficiency and accumulated deficit from recurring net losses and short-term debt obligations maturing in less than one year as of September 30, 2020.

Due to the growing environmental pollution problem, the Chinese government has been providing support to the development of new energy facilities and ~~vehicles. However,~~vehicles for several years. It is expected that we will be able to secure more potential orders from the Chinese government has significantly reduced the amount of subsidies available to electric vehicle makers over the years and this trend continues for the next three years. Given the changing market environment, we plan to continue to focus our resources on the existing cylindrical batteries for UPS market, temporarily reduce the investment on R&D of new ~~products for electric vehicle market and cut down the production of EV batteries.~~energy market. We believe that with the booming market demand in high power ~~lithium ion~~lithium-iron products, we can continue as a going concern and return to ~~profitability.~~

profitability sustainedly.

~~Although~~

Recent Financing Activities

On February 8, 2021, we entered into a securities purchase agreement with certain investors, pursuant to which we issued in a registered direct offering, an aggregate of 8,939,976 shares of common stock of the ~~COVID-19 pandemic has caused disruptions~~Company at a per share purchase price of $7.83. In addition, we issued to ~~our operations, so far it has had limited adverse impacts on our operating results,~~the investors (i) in a concurrent private placement, the Series A-1 warrants to purchase a total of 4,469,988 shares of common stock, at a per share exercise price of $7.67 and ~~our revenue grew~~exercisable for 42 months from the date of issuance; (ii) in the registered direct offering, the Series B warrants to purchase a total of 4,469,988 shares of common stock, at a per share exercise price of $7.83 and exercisable for 90 days from the date of issuance; and (iii) in the registered direct offering, the Series A-2 warrants to purchase up to 2,234,992 shares of common stock, at a per share exercise price of $7.67 and exercisable for 45 months from the date of issuance. We received gross proceeds of approximately $70 million from the registered direct offering and the concurrent private placement, before deducting fees to the placement agent and other estimated offering expenses payable by ~~$4.6 million, or 26%~~the Company. We completed another registered direct offering with the same investors in December 2020. See the “Liquidity and Capital Resources” section below for more details.

On May 10, 2021, we entered into that Amendment No. 1 to the ~~nine months ended~~Series B Warrant (the “Series B Warrant Amendment”) with each of the holders of the Company’s outstanding Series B warrants. Pursuant to the Series B Warrant Amendment, the term of the Series B warrants was extended from May 11, 2021 to August 31, 2021. As of September 30, ~~2020, compared to the same period of 2019, and our gross profit grew by $1.5 million, or 694% for the nine months ended September 30, 2020 compared to the same period of 2019.~~2021, Series B warrants, together with Series A-2 warrants, all expired.

Recent Business Developments

~~New Investment~~Hitrans Acquisition

On ~~June 23, 2020, BAK Asia, our wholly-owned Hong Kong subsidiary,~~April 1, 2021, CBAK Power entered into a framework investment agreement (the “Letter of Intent”) with ~~Jiangsu Gaochun Economic Development Zone Development Group~~Hangzhou Juzhong Daxin Asset Management Co., Ltd. ("Juzhong Daxin") for a potential acquisition of Zhejiang Hitrans Lithium Battery Technology Co., Ltd ("Hitrans," formerly known as Zhejiang Meidu Hitrans Lithium Battery Technology Co., Ltd). Juzhong Daxin was the trustee of 85% of equity interests of Hitrans and had the voting right and right to dividend over the 85% of equity interests. Subject to definitive acquisition agreements to be entered into among the parties, including shareholders owning the 85% equity interests of Hitrans, CBAK Power intended to acquire 85% of equity interests of Hitrans in cash in 2021, and CBAK Power paid $3.10 million (RMB20,000,000) to Juzhong Daxin as a security deposit in connection with the Letter of Intent. Hitrans is an unrelated third party of the Company ~~(“Gaochun EDZ”),~~engaging in researching, manufacturing and sale of battery raw materials and is one of the major suppliers of the Company in fiscal 2020.

On July 20, 2021, CBAK Power entered into that certain framework agreement relating to CBAK Power’s investment in Hitrans, pursuant to which ~~we intend to develop certain lithium battery projects that aim to have a production capacity of 8Gwh. Gaochun EDZ agreed to provide various support to facilitate the development and operation~~CBAK Power will acquire 81.56% of the ~~projects.~~equity interests of Hitrans (the “Acquisition Agreement”). Under the Acquisition Agreement, CBAK Power will acquire 60% ownership of Hitrans from Zhejiang Meidu Graphene Technology Co., Ltd. (“Meidu Graphene”) valued at RMB118 million ($18.27 million) and 21.56% ownership of Hitrans from Hitrans’s management shareholders valued at approximately RMB40.74 million ($6.31 million). Two individuals among Hitrans management shareholders, including Hitrans’s CEO, Mr. Haijun Wu (“Mr. Wu”), will keep 2.50% ownership of Hitrans and New Era Group Zhejiang New Energy Materials Co., Ltd. (“New Era”) will continue to hold 15% ownership of Hitrans after the acquisition.

As of the date of the Acquisition Agreement, the 25% ownership of Hitrans held by Hitrans management shareholders was frozen as a result of a lawsuit arising from the default by Hitrans management shareholders on debts borrowed from Zhejiang Meidu Pawn Co., Ltd. (“Pawn Co.”) whereby the 25% ownership of Hitrans was pledged as collateral. Pursuant to the Acquisition Agreement, Mr. Junnan Ye (“Mr. Ye”), acting as an intermediary, shall first acquire 22.5% ownership of Hitrans, free of any encumbrances, from Hitrans management shareholders. Within five days of CBAK Power’s obtaining 21.56% ownership of Hitrans from Mr. Ye, CBAK Power shall pay approximately RMB40.74 million ($6.31 million) in cash, which amount shall be used toward the repayment of debts due to Pawn Co. On July 23, 2021, CBAK Power paid RMB40.74 million (approximately $6.31 million) in cash to Mr. Ye.

In addition, as of the date of the Acquisition Agreement, Meidu Graphene’s 60% ownership of Hitrans was frozen as a result of a court proceeding arising from Hitrans’s failure to make payments to New Era in connection with the purchase of land use rights, plants, equipment, pollution discharge permit and other assets (the “Assets”) under certain asset transfer agreements as well as Meidu Graphene’s guarantee for Hitrans’s payment obligations thereunder. As a part of the transaction, CBAK Power entered into a loan agreement with Hitrans to lend Hitrans approximately RMB131 million ($20.28 million) (the “Hitrans Loan”) by remitting approximately RMB131 million ($20.28 million) into the account of Shaoxing Intermediate People’s Court (the “Court”) to remove the freeze on Meidu Graphene’s 60% ownership of Hitrans. Pursuant to the Acquisition Agreement, Juzhong Daxin shall return RMB15 million ($2.32 million) of the security deposit to CBAK Power before CBAK Power wires approximately RMB131 million ($20.28 million) to the Court and will retain RMB5 million ($0.77 million) as commission for facilitating the acquisition. As of the date of this report, ~~we have received RMB20~~Juzhong Daxin returned RMB7 million ~~(approximately $2.9~~($1.1 million) ~~subsidy from Gaochun EDZ. On September 24, 2020, BAK Investments, our wholly-owned Hong Kong subsidiary, entered into another framework investment agreement with Gaochun EDZ, under which we intend~~of the security deposit to ~~develop light electric vehicle projects.~~CBAK Power.

~~Financing Activities~~

~~The following developments~~CBAK Power shall pay all other fees due to Juzhong Daxin in ~~our financing activities should be read in conjunction~~accordance with the ~~“Liquidity and Capital Resources” section below, which provides the context and history~~Letter of ~~these events.~~

Intent. According to the ~~Amendment,~~Acquisition Agreement, Mr. Ye will first acquire 60% ownership of Hitrans, free of any encumbrances, from Meidu Graphene. Thereafter, CBAK Power will assign RMB118 million ($18.27 million) of the Hitrans Loan to Mr. Junnan Ye as consideration for the acquisition of 60% ownership of Hitrans from Mr. Ye (the “Assignment”). Hitrans shall repay RMB118 million ($18.27 million) to Mr. Ye in accordance with a separate loan repayment agreement (the “Loan Repayment Agreement”) to be entered into among Mr. Ye, Hitrans, CBAK Power and Mr. Haijun Wu, the CEO of Hitrans. Under the Loan Repayment Agreement, Hitrans shall repay Mr. Ye at least RMB70 million ($10.84 million) within two months of obtaining the title to the Assets from New Era and the remaining balance by December 31, 2021, with a fixed interest of RMB3.5 million ($0.54 million) which can be reduced by up to RMB1 million ($0.15 million) if the loan is repaid before its due date. CBAK Power provides guarantee to Mr. Ye on ~~October 13, 2020, we exchanged $371,275 principal and coupon interests~~Hitrans’s repayment obligations under the ~~Note I (as defined below) and $775,000 in principal under~~Loan Repayment Agreement. Hitrans shall repay the ~~Note II (as defined below) for the issuance of 229,750 shares and 479,579 shares~~remaining approximately RMB13 million ($2.01 million) of the ~~Company’s common stock~~Hitrans Loan to CBAK Power at an interest rate of 6% per annum, maturing in one year from the ~~Lender, respectively. Also, on October 20, 2020, we exchanged additional $778,252 in principal and coupon interests under the Note II for the issuance of 329,768 shares~~date of the ~~Company’s common stock to~~Assignment.

We disclosed the ~~Lender.~~terms of the Acquisition Agreement in a current report on Form 8-K filed on July 26, 2021. As of the date of this report, the ~~Company~~transfer of 81.56% ownership of Hitrans to CBAK Power has ~~fully repaid~~been registered with the ~~principal~~local government and ~~coupon interests of Note I~~CBAK Power has paid approximately RMB40.74 million (approximately $6.31 million) in cash to Mr. Ye. In addition, CBAK Power has wired approximately RMB131 million (approximately $20.28 million) to the Court and ~~Note II.~~

~~New Subsidiaries~~

On July 14, 2020, we acquired BAK Asia Investments Limited, a company incorporated under Hong Kong laws, from Xiangqian Li, our former CEO, for a cash consideration of HK$1.00. BAK Asia Investments Limited is a holding company without any business operations. On July 31, 2020, BAK Asia Investments Limited formed CBAK New Energy (Nanjing) Co., Ltd., or CBAK Nanjing in China, which in turn formed Nanjing CBAK New Energy Technology Co., Ltd., or Nanjing CBAK and NanjingJuzhong Daxin New Energy Automobile Industry Co., Ltd., or Nanjing Daxin. in China on August 6, 2020 and November 9, 2020, respectively. CBAK Nanjing, Nanjing CBAK and Nanjing Daxin were established to expand our business of developing, manufacturing and selling new energy high power lithium batteries as well as light electric vehicles. Asreturned RMB7 million ($1.1 million) of the ~~date~~security deposit to CBAK Power. We expect to close the acquisition of ~~this report, Nanjing CBAK and Nanjing Daxin have yet~~81.56% ownership of Hitrans upon the satisfaction of all closing conditions in the Acquisition Agreement, including that Hitrans obtains the title to ~~commence business operations as of~~all the ~~date of this report.~~ assets.

Financial Performance Highlights for the Quarter Ended September 30, ~~2020~~2021

The following are some financial highlights for the quarter ended September 30, ~~2020:~~2021:

	●	*Net revenues:* Net revenues ~~increased~~decreased by ~~$2.5~~$1.1 million, or ~~31%~~10.0%, to ~~$10.6~~$9.6 million for the three months ended September 30, ~~2020,~~2021, from ~~$8.1~~$10.6 million for the same period in ~~2019.~~2020. However, net revenues from sales of high power lithium batteries increased by 51% for the three months ended September 30, 2021 as compared to the same period of 2020.

	●	*Gross profit:*Gross profit was ~~$1.4~~$1.1 million, representing ~~an increase~~a decrease of ~~$0.7~~$0.3 million, for the three months ended September 30, ~~2020,~~2021, from gross profit of ~~$0.7~~$1.4 million for the same period in ~~2019.~~2020.

	●	*Operating profit (loss):* Operating ~~profit~~loss was ~~$0.4~~$3.2 million for the three months ended September 30, ~~2020,~~2021, reflecting an increase of ~~$1.9~~$3.6 million in loss from an operating ~~loss~~profit of ~~$1.5~~$0.4 million for the same period in ~~2019.~~2020.

	●	*Net profit (loss):*Net profit was ~~$41,715~~$20.0 million for the three months ended September 30, ~~2020,~~2021, compared to a net ~~loss~~profit of ~~$1.8 million~~$41,715 for the same period in ~~2019.~~2020, reflecting an increase of $20.0 million, or 47,437%.

	●	*Fully diluted income per share:* Fully diluted income per share was ~~$0.0007~~$0.23 for the three months ended September 30, ~~2020,~~2021, as compared to fully diluted loss per share of ~~$0.04~~$0.0007 for the same period in ~~2019.~~2020.

Financial Statement Presentation

Net revenues. The Company recognizes revenues when its customer obtains control of promised goods or services, in an amount that reflects the consideration which it expects to receive in exchange for those goods. The Company recognizes revenues following the five step model prescribed under ASU No. 2014-09: (i) identify contract(s) with a customer; (ii) identify the performance obligations in the contract; (iii) determine the transaction price; (iv) allocate the transaction price to the performance obligations in the contract; and (v) recognize revenues when (or as) we satisfy the performance obligation.

Revenues from product sales are recognized when the customer obtains control of our product, which occurs at a point in time, typically upon delivery to the customer. We expense incremental costs of obtaining a contract as and when incurred if the expected amortization period of the asset that it would have recognized is one year or less or the amount is immaterial.

Revenues from product sales are recorded net of reserves established for applicable discounts and allowances that are offered within contracts with our customers.

Cost of revenues. Cost of revenues consists primarily of material costs, employee remuneration for staff engaged in production activity, share-based compensation, depreciation and related expenses that are directly attributable to the production of products. Cost of revenues also includes write-downs of inventory to lower of cost and net realizable value.

Research and development expenses. Research and development expenses primarily consist of remuneration for R&D staff, share-based compensation, depreciation and maintenance expenses relating to R&D equipment, and R&D material costs.

Sales and marketing expenses. Sales and marketing expenses consist primarily of remuneration for staff involved in selling and marketing efforts, including staff engaged in the packaging of goods for shipment, advertising cost, depreciation, share-based compensation, travel and entertainment expenses and product warranty expense. We do not pay slotting fees to retail companies for displaying our products, engage in cooperative advertising programs, participate in buy-down programs or similar arrangements.

General and administrative expenses. General and administrative expenses consist primarily of employee remuneration, share-based compensation, professional fees, insurance, benefits, general office expenses, depreciation, liquidated damage charges and bad debt expenses.

Finance expense, net. Finance costs consist primarily of interest income and interest on bank loans, net of capitalized interest.

Impairment of non-marketable equity securities. Non-marketable equity securities are investments in privately held companies without readily determinable market value. We measure investments in non-marketable equity securities without a readily determinable fair value using a measurement alternative that measures these securities at the cost method minus impairment, if any, plus or minus changes resulting from observable price changes on a non-recurring basis.

Change in fair value of warrants liability. We issued warrants in the financings we consummated in December 2020 and February 2021, respectively. These warrants should be accounted for as derivative liabilities, as the warrants are denominated in a currency (U.S. dollar) other than our functional currency.

Income tax expenses. Our subsidiaries in PRC are subject to income tax at a rate of 25%. Our Hong Kong subsidiary BAK Asia isand BAK Investments are subject to a profits tax at a rate of 16.5%. However, because we did not have any assessable income derived from or arising in Hong Kong, PRC, ~~(Hong Kong), the entity~~our Hong Kong subsidiaries had not paid any such tax.

Results of Operations

Comparison of Three Months Ended September 30, ~~2019~~2020 and ~~2020~~2021

The following tables set forth key components of our results of operations for the periods indicated.

(All amounts, other than percentages, in thousands of U.S. dollars)

Three Months ended
September 30, Change
2019 2020 $ %
Net revenues $ 8,089 $ 10,620 2,531 31
Cost of revenues (7,430 ) (9,246 ) (1,816 ) (24 )
Gross profit 659 1,374 715 108
Operating expenses:
Research and development expenses (478 ) (446 ) 32 7
Sales and marketing expenses (279 ) (158 ) 121 43
General and administrative expenses (1,283 ) (741 ) 542 42
(Provision for) recovery of doubtful accounts (119 ) 364 483 406
Total operating expenses (2,159 ) (981 ) 1,178 55
Operating profit (loss) (1,500 ) 393 1,893 126
Finance expenses, net (324 ) (358 ) (34 ) (10 )
Other income, net 37 6 (31 ) (84 )
Income (Loss) before income tax (1,787 ) 41 1,828 102
Income tax expenses - - - -
Net income (loss) (1,787 ) 41 1,828 102
Less: Net loss attributable to non-controlling interests 14 3 (11 ) (79 )
Net income (loss) attributable to shareholders of CBAK Energy Technology, Inc. $ (1,773 ) $ 44 1,817 102

	Three Months ended September 30,						Change
	2020			2021			$			%
Net revenues	$	10,620		$	9,562			(1,058	)		(10	)
Cost of revenues		(9,246	)		(8,430	)		816			(9	)
Gross profit		1,374			1,132			(242	)		(18	)
Operating expenses:
Research and development expenses		446			1,816			1,370			307
Sales and marketing expenses		158			510			352			223
General and administrative expenses		741			2,159			1,418			191
Recovery of doubtful accounts		(364	)		(178	)		186			(51	)
Total operating expenses		981			4,307			3,326			339
Operating profit (loss)		393			(3,175	)		(3,568	)		(908	)
Finance expenses, net		(358	)		129			487			(136	)
Other income, net		6			70			64			1067
Impairment of non-marketable equity securities		-			1			1			-
Change in fair value of warrants		-			22,998			22,998			-
Income before income tax		41			20,023			19,982			48,737
Income tax expenses		-			-			-			-
Net income		41			20,023			19,982			48,737
Less: Net income (loss) attributable to non-controlling interests		3			(4	)		(7	)		(233	)
Net income attributable to shareholders of CBAK Energy Technology, Inc.	$	44		$	20,019			19,975			45,398

Net revenues. Net revenues were ~~$10.6~~$9.6 million for the three months ended September 30, ~~2020,~~2021, as compared to ~~$8.1~~$10.6 million for the same period in ~~2019,~~2020, representing ~~an increase~~a decrease of ~~$2.5~~$1.06 million, or ~~31%~~10.0%.

The following table sets forth the breakdown of our net revenues by end-product applications derived from high-power lithium batteries.

(All amounts in thousands of U.S. dollars other than percentages)

	Three months ended September 30,					Change
	2020		2021			$			%
High power lithium batteries used in:
Electric vehicles	$	408	$	1			(408	)		(100	)
Light electric vehicles		23		227			204			887
Uninterruptable supplies		5,920		9,336			3,416			58
	$	6,351	$	9,563			3,212			51
Raw materials used in lithium batteries		4,269		(1	)		(4,270	)		(100	)
Total	$	10,620	$	9,562			(1,058	)		(10	)

Three months ended
September 30, Change
2019 2020 $ %
High power lithium batteries used in:
Electric vehicles $ 2,885 $ 408 (2,477 ) (86 )
Light electric vehicles - 23 23 -
Uninterruptable supplies 5,204 5,920 716 14
$ 8,089 $ 6,351 (1,738 )
Raw materials used in lithium batteries - 4,269 4,269 -
Total $ 8,089 $ 10,620 2,531 31

Net revenues from sales of batteries for electric vehicles were $6 for the three months ended September 30, 2021 as compared to $0.4 million in the same period of 2020, representing a decrease of $0.4 million, or 100%.

Net revenues from sales of batteries for light electric vehicles was $0.2 million for the three months ended September 30, ~~2020~~2021, as compared to ~~$2.9 million~~$22,859 in the same period of ~~2019, representing a decrease~~2020, marking an increase of ~~$2.5~~$0.2 million, or ~~86%~~887%. We will continue to penetrate the market for batteries used in light electric vehicles.

Our revenues have been adversely impacted by the reduction of government subsidy for new energy vehicles. Pursuant to the “Notice on further completing the Policy of Financial Subsidy for the Promotion and Application of New Energy Vehicles” (Notice 2019), jointly released by the Ministry of Finance, the Ministry of Industry and Information Technology, the Ministry of Science and Technology and the National Development and Reform Commission of the PRC on March 26, 2019, new subsidy standards have been implemented for new energy vehicles sold in China after June 25, 2019. As a result, new energy vehicles will receive different subsidies based on their driving range and technical performance. New energy vehicles providing long driving range and high technical performance will get higher subsidies. We believe the above policies will in long term encourage the production of new energy vehicles, optimize the structure of the new energy vehicles industry, enhance technical standards of the industry and strengthen its core competitiveness, and ultimately foster strategic development of the new energy vehicles.

Net revenues from sales of batteries for uninterruptable power supplies was ~~$5.9~~$9.3 million for the three months ended September 30, ~~2020,~~2021, as compared with ~~$5.2~~$5.9 million in the same period in ~~2019,~~2020, representing an increase of ~~$0.7~~$3.4 million, or ~~14%~~58%. ~~As we continued to~~We maintain our focus ~~more~~ on this market, and sale of batteries for uninterruptable power supplies ~~increased significantly.~~continue to grow fast.

Overall, net revenues from sales of high power lithium batteries totaled $9.6 million for the three months ended September 30, 2021, representing a year-over-year growth of 51% compared to the same period of 2020. The new production line installation in the Dalian plant had a temporarily adverse impact on its existing production during the three months ended September 30, 2021.

Net revenues from sales of raw materials used in lithium batteries were ~~$4.3 million~~nil for the three months ended September 30, ~~2020,~~2021, as compared with ~~nil~~$4.3 million in the same period in ~~2019,~~2020, representing ~~an increase~~a decrease of ~~$4.3 million. We obtained favorable prices on bulk purchase of~~$4.3million. The Company did not make new battery raw ~~materials~~material trades in this quarter and had a minor adjustment in revenues from ~~certain suppliers, and generated gross profit in the three months ended September 30, 2020.~~previous raw material trades.

Cost of revenues. Cost of revenues was ~~$9.2~~$8.4 million for the three months ended September 30, ~~2020,~~2021, as compared with ~~$7.4~~$9.2 million in the same period in ~~2019. Included in cost~~2020. Cost of revenues ~~was~~includes write-down of obsolete inventories ofwhich was $0.3 million for both three months ended September 30, 2021 and 2020, ~~while write-down of obsolete inventories was nil for the same period in 2019.~~respectively. We write down the inventory value whenever there is an indication that it is impaired. However, further write-down may be necessary if market conditions continue to deteriorate.

Gross profit.Gross profit for the three months ended September 30, ~~2020~~2021 was ~~$1.4~~$1.1 million, or ~~13%~~12% of net revenues, as compared to ~~$0.7~~$1.4 million, or 8%13% of net revenues for the same period in ~~2019. With our sustained efforts,~~2020. The inflation of the ~~quality passing rate~~price of ~~our product has improved through cost control and enhancement on production lines.~~raw materials resulted in an increase of costs. As a result, we recorded a ~~higher~~lower gross profit margin for the three months ended September 30, ~~2020~~2021 as compared with the same period in ~~2019.~~2020.

Research and development expenses. Research and development expenses ~~decreased~~increased to ~~$0.4~~$1.8 million for the three months ended September 30, ~~2020,~~2021, as compared to ~~$0.5~~$0.4 million for the same period in ~~2019, a decrease~~2020, an increase of ~~$0.1~~$1.4 million, or 7%307%.

The increase was primarily resulted from the increase in R&D employees’ salaries and social insurance expenses by approximately $0.6 million. R&D employees’ salaries and social insurance expenses increased due to a growing number of R&D employees at Nanjing CBAK and Nanjing Daxin as well as the expiration of the Chinese government’s COVID-19 relief policy that alleviated corporations’ social insurance burdens. We also incurred design and development expenses relating to light electric vehicles of $0.4 million and nil for the three months ended September 30, 2021 and 2020, respectively. In addition, we incurred expenses for materials used in battery research and development of $0.4 million and $29,357 for the three months ended September 30, 2021 and 2020, respectively, as a result of our efforts to research and develop upgraded battery products with lower costs and better performance.

Sales and marketing ~~expenses~~expenses.. Sales and marketing expenses ~~decreased~~increased to ~~$0.2~~$0.5 million for the three months ended September 30, ~~2020,~~2021, as compared to approximately ~~$0.3~~$0.2 million for the same period in ~~2019, a decrease~~2020, an increase of approximately ~~$0.1~~$0.3 million, or ~~43%~~223%. ~~Our managers have implemented~~As a ~~new control policy over the~~percentage of revenues, sales and marketing expenses ~~which reduced travel~~were 5.3% and ~~transportation expenses.~~1.5% of net revenues for the three months ended September 30, 2021 and 2020, respectively. The increase was resulted from an increase of salaries, social insurance and staff welfare expenses for sales and marketing employees by approximately $0.2 million. Sales and marketing employees’ social insurance expenses increased in part due to the expiration of the Chinese government’s COVID-19 relief policy that alleviated corporations’ social insurance burdens. Moreover, in light of our good revenue performance, we increased sales and marketing employees’ salaries and welfare.

General and administrative expenses. General and administrative expenses ~~decreased~~increased to ~~$0.7~~$2.2 million for the three months ended September 30, ~~2020,~~2021, as compared to approximately ~~$1.3~~$0.7 million for the same period in ~~2019, a decrease~~2020, an increase of approximately ~~$0.5~~$1.5 million, or ~~42%~~191%. The ~~decrease~~increase was primarily ~~resulted from~~a result of the ~~decrease of~~significant increase in administrative employees’ salaries and social insurance expenses by approximately $0.6 million. Administrative employees’ social insurance expenses increased due to a growing number of employees at Nanjing CBAK and Nanjing Daxin as ~~a result~~well as the expiration of the Chinese government’s COVID-19 relief policy that alleviated corporations’ social ~~security relief for enterprises, in response to COVID-19. We also continued to tighten cost control in order to improve profitability.~~insurance burdens. In addition, our rental expenses increased by approximately $0.2 million, as Nanjing CBAK and Nanjing Daxin rented warehouse and staff dormitory.

~~Provision for (recovery of)~~Recovery of doubtful accounts. Recovery of doubtful accounts was ~~$0.4~~$0.2 million for the three months ended September 30, ~~2020,~~2021, as compared to a ~~provision for~~recovery of doubtful accounts of ~~$0.1~~$0.4 million for the same period in ~~2019.~~2020. We determine the allowance based on historical write-off experience, customer specific facts and economic conditions. We have recovered ~~$0.4~~$0.2 million of cash from customers ~~for~~in the three months ended September 30, ~~2020.~~2021.

Operating profit (loss). As a result of the above, our operating ~~profit~~loss totaled ~~$0.4~~$3.2 million for the three months ended September 30, ~~2020,~~2021, as compared to an operating ~~loss~~profit of ~~$1.5~~$0.4 million for the same period in ~~2019,~~2020, representing ~~an increase~~a decrease in operating profit of ~~$1.9 million, or 126%.~~$3.6 million.

Finance ~~expenses,~~income (expenses), net.Finance ~~expenses,~~income, net consist primarily of interest on bank and other loans, net of capitalized interest and interest income. Interest expenses increased slightly from $324,522 in the third quarter of 2019 to $357,739 in the same quarter of 2020 as a result of our higher average loan balances in 2020.

~~Other income:~~ ~~Other income~~ was ~~$5,873~~$0.1 million for the three months ended September 30, 2021, as compared to finance expenses of $0.4 million for the same period in 2020, representing an increase in income of $0.5 million, or 136% as a result of lower loan balances in 2021 and more interest income generated from vehicle leasing.

Other income, net. Other income was $69,970 for the three months ended September 30, 2021, as compared to other income of ~~approximately $37,503~~$5,873 for the same period ~~2019.~~2020.

Changes in fair value of warrants liability. We issued warrants in the financings we consummated in December 2020 and February 2021, respectively. We determined that these warrants should be accounted for as derivative liabilities, as the warrants are dominated in a currency (U.S. dollar) other than our functional currency. The change in fair value of warrants liability is mainly due to the share price decline.

Income tax. Income tax was nil for ~~both~~the three months ended September 30, 2021 and 2020, ~~and 2019.~~respectively.

Net ~~income (loss).~~income. As a result of the foregoing, we had a net income of ~~$41,715~~$20.0 million for the three months ended September 30, ~~2020,~~2021, compared to a net ~~loss~~income of ~~$1.8 million~~$41,715 for the same period in ~~2019.~~2020.

Comparison of Nine Months Ended September 30, ~~2019~~2020 and ~~2020~~2021

The following tables set forth key components of our results of operations for the periods indicated.

(All amounts, other than percentages, in thousands of U.S. dollars)

	Nine Months ended September 30,						Change
	2020			2021			$			%
Net revenues	$	22,146		$	24,867			2,721			12
Cost of revenues		(20,478	)		(20,798	)		(320	)		2
Gross profit		1,668			4,069			2,401			144
Operating expenses:
Research and development expenses		1,130			3,345			2,215			196
Sales and marketing expenses		352			1,263			911			259
General and administrative expenses		2,614			5,824			3,210			123
Provision for (recovery of) doubtful accounts		64			(437	)		(501	)		(783	)
Total operating expenses		4,160			9,995			5,835			140
Operating loss		(2,492	)		(5,926	)		(3,434	)		(138	)
Finance (expenses) income, net		(1,171	)		174			1,345			115
Other income, net		152			1,619			1,467			965
Impairment of non-marketable equity securities		-			(690	)		(690	)		-
Change in fair value of warrants		-			57,174			57,174			-
(Loss) income before income tax		(3,511	)		52,351			55,862			1591
Income tax expenses		-			-			-			-
Net (loss) income		(3,511	)		52,351			55,862			1591
Less: Net loss attributable to non-controlling interests		(2	)		(22	)		(20	)		(1000	)
Net (loss) income attributable to shareholders of CBAK Energy Technology, Inc.		(3,513	)		52,329			55,842			1590

Nine Months ended
September 30, Change
2019 2020 $ %
Net revenues $ 17,532 $ 22,146 4,614 26
Cost of revenues (17,322 ) (20,478 ) (3,156 ) (18 )
Gross profit 210 1,668 1,458 694
Operating expenses:
Research and development expenses (1,425 ) (1,130 ) 295 21
Sales and marketing expenses (906 ) (352 ) 554 61
General and administrative expenses (3,541 ) (2,614 ) 927 26
Provision for doubtful accounts (443 ) (64 ) 379 86
Total operating expenses (6,315 ) (4,160 ) 2,155 34
Operating loss (6,105 ) (2,492 ) 3,613 59
Finance expenses, net (973 ) (1,171 ) (198 ) (20 )
Other income, net 149 152 3 2
Loss before income tax (6,929 ) (3,511 ) 3,418 49
Income tax expenses - - - -
Net loss (6,929 ) (3,511 ) 3,418 49
Less: Net loss (profit) attributable to non-controlling interests 51 (2 ) (53 ) (104 )
Net loss attributable to shareholders of CBAK Energy Technology, Inc. (6,878 ) (3,513 ) 3,365 49

Net revenues. Net revenues were ~~$22.1~~$24.9 million for the nine months ended September 30, ~~2020,~~2021, as compared to ~~$17.5~~$22.1 million for the same period in ~~2019,~~2020, representing an increase of ~~$4.6~~$2.7 million, or ~~26%~~12%.

The following table sets forth the breakdown of our net revenues by end-product applications derived from high-power lithium batteries.

(All amounts in thousands of U.S. dollars other than percentages)

Nine months ended
September 30, Change
2019 2020 $ %
High power lithium batteries used in:
Electric vehicles $ 4,426 $ 742 (3,684 ) (83 )
Light electric vehicles - 26 26 -
Uninterruptable supplies 13,106 17,109 4,003 31
17,532 17,877 345 2
Raw materials used in lithium batteries
- 4,269 4,269 -
Total $ 17,532 $ 22,146 4,614 26

	Nine months ended September 30,				Change
	2020		2021		$			%
High power lithium batteries used in:
Electric vehicles	$	742	$	101		(641	)		(86	)
Light electric vehicles		26		336		310			1192
Uninterruptable supplies		17,109		23,912		6,803			40
		17,877		24,349		6,472			36
Raw materials used in lithium batteries		4,269		518		(3,751	)		(88	)
Total	$	22,146	$	24,867		2,721			12

Net revenues from sales of batteries for electric vehicles was $0.1 million for the nine months ended September 30, ~~2020~~2021 as compared to ~~$4.4~~$0.7 million in the same period of ~~2019,~~2020, representing a decrease of ~~$3.7~~$0.6 million, or ~~83%~~86%.

~~Our~~

Net revenues ~~have been adversely impacted by the reduction~~from sales of ~~government subsidy~~batteries for ~~new energy vehicles. Pursuant to the “Notice on further completing the Policy of Financial Subsidy~~light electric vehicles was $0.3 million for the ~~Promotion and Application~~nine months ended September 30, 2021, as compared to $26,203 in the same period of ~~New Energy Vehicles” (Notice 2019), jointly released by~~2020, marking an increase of $0.3 million, or 1,192%. We will continue to penetrate the Ministry of Finance, the Ministry of Industry and Information Technology, the Ministry of Science and Technology and the National Development and Reform Commission of the PRC on March 26, 2019, new subsidy standards have been implementedmarket for ~~new energy vehicles sold~~batteries used in China after June 25, 2019. As a result, new energy vehicles will receive different subsidies based on their driving range and technical performance. New energy vehicles providing long driving range and high technical performance will get higher subsidies. We believe the above policies will in long term encourage the production of new energy vehicles, optimize the structure of the new energy vehicles industry, enhance technical standards of the industry and strengthen its core competitiveness, and ultimately foster strategic development of the new energylight electric vehicles.

Net revenues from sales of batteries for uninterruptable power supplies was ~~$17.1~~$23.9 million in the nine months ended September 30, ~~2020,~~2021, as compared with ~~$13.1~~$17.1 million in the same period in ~~2019,~~2020, representing an increase of ~~$4.0~~$6.8 million, or ~~31%~~40%. ~~As we continued to~~We maintain our focus ~~more~~ on this market, ~~sale~~and sales of batteries for uninterruptable power supplies ~~increased significantly.~~continue to grow fast.

Net revenues from sales of raw materials used in lithium batteries were ~~$4.3~~$0.5 million for the nine months ended September 30, ~~2020. We obtained favorable prices from certain suppliers, and we generated gross profit~~2021, as compared with $4.2 million in the ~~nine months ended September 30, 2020. We may continue to have material sales if we can get gross profit~~same period in ~~this market.~~2020, representing a decrease of $3.8 million, or 88%.

Cost of revenues. Cost of revenues increased to ~~$20.5~~$20.8 million for the nine months ended September 30, ~~2020,~~2021, as compared to ~~$17.3~~$20.5 million for the same period in ~~2019,~~2020, an increase of ~~$3.2~~$0.3 million, or ~~18%~~2%. Cost of revenues included write-down of obsolete inventories ofwhich were $0.7 million for both nine months ended September 30, ~~2020, as compared to $0.6 million for the same period in 2019.~~2021 and 2020. We write down the inventory value whenever there is an indication that it is impaired.However, further write-down may be necessary if market conditions continue to deteriorate.

Gross profit. Gross profit for the nine months ended September 30, ~~2020~~2021 was ~~$1.7~~$4.1 million, or ~~7.5%~~16% of net revenues as compared to ~~$0.2~~$1.7 million, or ~~1.2%~~8% of net revenues, for the same period in ~~2019,~~2020, representing an increase in gross profit of ~~$1.5~~$2.4 million. ~~With our sustained effort, the quality passing rate of our product has~~Gross profit margin improved ~~through~~due to productivity increase, cost control and ~~enhancement works on~~upgrades to production lines. ~~As a result, we recorded a higher gross profit for the nine months ended September 30, 2020.~~

Research and development expenses. Research and development expenses ~~decreased~~increased to approximately ~~$1.1~~$3.3 million for the nine months ended September 30, ~~2020,~~2021, as compared to approximately ~~$1.4~~$1.1 million for the same period in ~~2019, a decrease~~2020, an increase of ~~$0.3~~$2.2 million, or ~~21%~~196%. The ~~decrease~~increase was primarily resulted from ~~the decrease of~~an increase in R&D employees’ salaries and social insurance expenses by approximately ~~$0.3 million~~$1.1 million. R&D employees’ social insurance expenses increased due to a growing number of employees at Nanjing CBAK and Nanjing Daxin as well as the ~~suspension~~expiration of ~~our operations in the first quarter of 2020 and the~~ Chinese government’s COVID-19 relief policy that alleviated corporations’ social ~~security relief~~insurance burdens. We also incurred design and development expenses relating to light electric vehicles of $0.6 million and nil for ~~enterprises,~~the nine months ended September 30, 2021 and 2020, respectively. In addition, we incurred expenses for materials used in ~~response~~battery research and development of $0.4 million and $29,357 for the nine months ended September 30, 2021 and 2020, respectively, as a result of the Company’s efforts to ~~COVID-19.~~ research and develop upgraded battery products with lower costs and better performance.

Sales and marketing expenses. Sales and marketing expenses were ~~$0.4~~$1.3 million for the nine months ended September 30, ~~2020,~~2021, as compared to ~~$0.9~~$0.4 million for the same period in ~~2019, a decrease~~2020, an increase of ~~$0.5~~$0.9 million, or ~~61%~~259%. As a percentage of revenues, sales and marketing expenses were 5.1% and 1.6% ~~and 5.2%~~of revenues for the nine months ended September 30, ~~2020~~2021 and ~~2019,~~2020, respectively. The ~~decrease was~~increase mainly resulted from ~~the decrease of~~an increase in salaries, social insurance and staff welfare expenses for sales and marketing employees by approximately $0.4 million. Sales and marketing employees’ social insurance expenses byincreased in part due to the expiration of the Chinese government’s COVID-19 relief policy that alleviated corporations’ social insurance burdens. Moreover, given the growth in revenue, we increased sales and marketing employees’ salaries and welfare. In addition, we attended several exhibitions to increase our brand awareness and incurred exhibition expenses of approximately $0.2 million ~~due to~~and $18,879 for the ~~suspension of our operations in the first quarter of~~nine months ended September 30, 2021 and 2020, ~~and the Chinese government’s social security relief for enterprises, in response to COVID-19 and decrease of $0.2 million in product certification expenses.~~respectively.

General and administrative expenses. General and administrative expenses ~~decreased~~increased to ~~$2.6~~$5.8 million for the nine months ended September 30, ~~2020,~~2021, as compared to ~~$3.5~~$2.6 million for the same period in ~~2019,~~2020, representing ~~a decrease~~an increase of ~~$0.9~~$3.2 million, or ~~26%~~123%. The ~~decrease~~increase was primarily resulted from the ~~decrease of~~significant increase in administrative employees’ salaries and social insurance expenses by approximately ~~$0.6~~$1.6 million. Administrative employees’ social insurance expenses increased due to a growing number of employees at Nanjing CBAK and Nanjing Daxin as well as the expiration of the Chinese government’s COVID-19 relief policy that alleviated corporations’ social insurance burdens. In addition, our rental expenses increased by approximately $0.3 million, as Nanjing CBAK and Nanjing Daxin rented warehouse and staff dormitory. Moreover, our expenses increased by $0.8 million due to the ~~suspension~~numbers of ~~our operations~~shareholder meetings held, an increased number of issuance of shares and increase of consultancy and recruitment expenses in the ~~first quarter~~nine months ended September 30, 2021, as compared to the same period in 2020.

Provision for(recovery of) doubtful accounts. Recovery of 2020 and the Chinese government’s social security relief for enterprises, in response to COVID-19. We also continued to tighten cost control in order to improve profitability, we achieved a decrease of $0.2 million expensesdoubtful accounts was $437,475 for the nine months ended September 30, ~~2020.~~

~~Provision for doubtful accounts.~~ ~~Provision~~2021, as compared to provision for doubtful accounts, ~~was~~ $63,534, ~~for the nine months ended September 30, 2020, as compared to $0.4 million~~ for the same period in ~~2019.~~2020. We determine the allowance based on historical write-off experience, customer specific facts and economic conditions.

Operating loss. As a result of the above, our operating loss totaled ~~$2.5~~$5.9 million for the nine months ended September 30, ~~2020,~~2021, as compared to ~~$6.1~~$2.5 million for the same period in ~~2019,~~2020, representing ~~a decrease~~an increase of ~~$3.6~~$3.4 million in loss, or ~~59%~~138%.

Finance ~~expenses,~~income (expenses), net. Finance ~~expenses,~~income, net ~~consist primarily of interest on bank and other loans, net of capitalized interest and interest income. Finance expenses~~ increased to ~~$1.2~~$0.2 million for the nine months ended September 30, ~~2020,~~2021, as compared to finance expenses approximately $1$1.2 million for the same period last year, representing an increase of ~~$0.2~~$1.3 million in finance income, or ~~20%. Interest expenses increased~~115% as a result of ~~our higher average~~lower loan ~~balances.~~balances in 2021 and more interest income generated from vehicle leasing.

Other income. Other income was ~~$152,171~~$1,619,194 for the nine months ended September 30, ~~2020,~~2021, as compared to approximately ~~$149,358~~$152,171 for the same period ~~2019.~~2020. The increase was primarily resulted from debts relief from materials and equipment suppliers.

Impairment of non-marketable equity securities. In April 2021, we invested RMB9 million (approximately $1.4 million) to acquire approximately 9.7% of the equity interests of DJY. We assessed the carrying value of non-marketable equity securities during the nine months ended September 30, 2021 and recognized an impairment of non-marketable equity securities of $690,585.

Changes in fair value of warrants liability. We issued warrants in the financing we consummated in December 2020 and February 2021. We determined that these warrants should be accounted for as derivative liabilities, as the warrants are dominated in a currency (U.S. dollar) other than our functional currency. The change in fair value of warrants liability is mainly due to the share price decline.

Income tax. Income tax was nil and nil for the nine months ended September 30, 2021 and 2020, ~~and 2019.~~respectively.

Net ~~loss.~~(loss) income. As a result of the foregoing, we had a net ~~loss~~income of ~~$3.5 million~~$52.4million for the nine months ended September 30, ~~2020,~~2021, compared to ~~$6.9~~a net loss of $3.5 million for the same period in ~~2019.~~2020.

Liquidity and Capital Resources

We have financed our liquidity requirements from long-term and short-term bank loans, other short-term loans and bills payable under bank credit agreements, advances from our related and unrelated parties, ~~investors~~ and issuance of capital ~~stock.~~stock and other securities to investors.

We ~~incurred~~generated a net ~~loss~~income of ~~$3.5~~$52.4 million for the nine months ended September 30, ~~2020.~~2021. As of September 30, ~~2020,~~2021, we had cash and cash equivalents and restricted cash of ~~$7.9~~$17.5 million. Our total current assets were ~~$34.7~~$59.6 million and our total current liabilities were ~~$71.5~~$49.4 million, resulting in a net working capital of $10.2 million.

We had an accumulated deficit from recurring losses from operations and short-term debt obligations as of December 31, 2020 and September 30, 2021. As of December 31, 2020, we had a working capital deficiency of ~~$36.8~~$10.5 million. These factors raise substantial doubts about our ability to continue as a going concern. The report from our independent registered public accounting firm for the year ended December 31, 2020 included an explanatory paragraph in respect of the substantial doubt of our ability to continue as a going concern. We are currently expanding our product lines and manufacturing capacity and developing the new business of producing light electric vehicles in our Dalian and Nanjing plants, which requires more funding to finance the expansion. We plan to renew our bank borrowings upon maturity and raise additional funds through bank borrowings and equity financing to meet our daily cash demands. However, there can be no assurance that we will be successful in obtaining such financing.

These consolidated financial statements do not include any adjustments that might result from the outcome of this uncertainty.

~~We have obtained banking facilities~~

Lending from ~~various local banks in China.~~ Financial Institutions

On June 4, 2018, we obtained banking facilities from China Everbright Bank Dalian Branch with a maximum amount of RMB200 million (approximately ~~$29.5~~$30.63 million) ~~with the term from June 12, 2018 to June 10, 2021,~~, bearing interest at 130% of benchmark rate of the People’s Bank of China (“PBOC”) for three-year long-term loans ~~at current rate~~with the term of June 12, 2018 to June 10, 2021, which is currently 6.175% per annum. Under the facilities, we borrowed RMB126.0 million ($18.1 million), RMB23.3 million ($3.3 million), RMB9.0 million ($1.3 million) and RMB9.5 million ($1.4 million) on June 12, June 20, September 20, and October 19, 2018, respectively. The loans are repayable in six installments of RMB0.8 million ($0.12 million) on December 10, 2018, RMB24.3 million ($~~3.58~~3.50 million) on June 10, 2019, RMB0.8 million ($0.12 million) on December 10, 2019, RMB74.7 million ($~~11.0~~10.7 million) on June 10, 2020, RMB0.8 million ($0.12 million) on December 10, 2020 and RMB66.3 million ($~~9.8~~9.6 million) on June 10, 2021. We repaid the bank loan of RMB0.8 million ($0.12 million), RMB24.3 million ($3.72 million) and RMB0.8 million ($0.12 million) in December 2018, June 2019 and December 2019, respectively.

On June 28, 2020, we entered into a supplemental agreement with China Everbright Bank Dalian Branch to change the repayment schedule. According to the ~~modification~~supplemental agreement, the remaining RMB141.8 million (approximately ~~$20.88~~$21.72 million) loans are repayable in eight instalments consisting of RMB1.09 million ($~~0.16~~0.17 million) on June 10, 2020, ~~RMB 1~~RMB1 million ($0.15 million) on December 10, 2020, RMB2 million ($~~0.29~~0.31 million) on January 10, 2021, RMB2 million ($~~0.29~~0.31 million) on February 10, 2021, RMB2 million ($~~0.29~~0.31 million) on March 10, 2021, RMB2 million ($~~0.29~~0.31 million) on April 10, 2021, RMB2 million ($~~0.29~~0.31 million) on May 10, 2021, and RMB129.7 million ($~~19.1~~19.9 million) on June 10, 2021, respectively.

~~Under the facilities with China Everbright Bank Dalian Branch,~~ As of June 30, 2021, we ~~borrowed RMB140.7 million (approximately $20.7 million) as of September 30, 2020. The facilities were secured by our land use rights, buildings, machinery and equipment. We~~ repaid all the bank ~~loan of RMB0.8 million ($0.12 million), RMB24.3 million ($3.58 million), RMB0.8 ($0.12 million) and RMB1.09 million ($0.16 million) in~~loans.

From October to December ~~2018, June 2019, December 2019 and June 2020, respectively.~~

In October 2019, we borrowed a total of RMB28 million (approximately $4.12 million) in the form of bills payable from China Everbright Bank Dalian Branch for a term until October 15, 2020, which was secured by the Company’s cash totaled RMB28 million (approximately $4.12 million). We discounted these bills payable of even date to China Everbright Bank at a rate of 3.30%. We repaid the bills in October, 2020.

In December 2019, we obtained banking facilities from China Everbright Bank Dalian Friendship Branch totaled RMB39.9 million (approximately $5.9 million) for a term until November 6, 2020, bearing interest at 5.655% per annum. The facility was secured by 100% equity in CBAK Power held by BAK Asia and buildings of Hubei BAK Real Estate Co., Ltd., which our CEO Mr. Yunfei Li holds 15% equity interest. Under the facilities, the Company borrowed RMB39.9 million (approximately $5.9 million) on December 30, 2019.

~~From May to September~~ 2020, we borrowed a series of acceptance bills from China Merchants Bank ~~totaled RMB16.1~~totaling RMB13.5 million (approximately ~~$2.4~~$2.07 million) for various terms through ~~November 2020~~April to June 2021, which were secured by our cash totaling RMB13.5 million (approximately $2.07 million). We repaid the bills from April to June 2021.

We borrowed a series of acceptance bills from Agricultural Bank of China totaled RMB31.0 million (approximately $4.8 million) for various terms expiring from October 2021 to March ~~2021,~~2022, which was secured by the Company’s cash totaled ~~RMB16.1~~RMB31.0 million (approximately ~~$2.4~~$4.81 million).

~~In January 2019,~~We borrowed a series of acceptance bills from China Zheshang Bank Co. Ltd Shenyang Branch totaled RMB39.9 million (approximately $6.19 million) for various terms expiring from October 2021 to March 2022, which was secured by the Company’s cash totaled RMB39.2 million (approximately $6.09 million) and the Company’s bills receivable totaled RMB0.7 million (approximately $0.1 million).

On April 19, 2021, we obtained ~~one-year term~~five-year acceptance bills facilities from ~~Jilin Province Trust~~Bank of Ningbo Co. ~~Ltd.~~, Ltd with a maximum amount of ~~RMB40.0~~RMB84.4 million (approximately ~~$5.9~~$13.1 million). Any amount drawn under the facilities requires security in the form of cash or bank acceptance bills receivable of at least the same amount. Under the facilities, as of September 30, 2021, the Company borrowed a total of RMB30 million (approximately $4.7 million) from Bank of Ningbo Co., Ltd in the form of bills payable for various terms expiring from October 2021 to February 2022, which was secured by ~~land use rights and buildings of Eodos Liga Energy Co., Ltd. Under~~ the ~~facilities, we borrowed a total of RMB39.6 million ($5.7 million) in 2019, bearing annual interest from 11.3% to 11.6%. We fully repaid the loan principal and accrued interest in March 2020.~~

~~In March 2020, we obtained additional one-year term facilities from Jilin Province Trust Co. Ltd. with a maximum amount of RMB40.0~~Company’s cash totaled RMB30 million (approximately ~~$5.9~~$4.66 million)~~, which was secured by land use rights and buildings of Eodos Liga Energy Co., Ltd. Under the facilities, we borrowed RMB24.2 million ($3.6 million) on March 13, 2020, bearing annual interest of 13.5%~~.

As of September 30, ~~2020,~~2021, we had ~~unutilized~~un-utilized committed banking facilities of ~~$7.1~~$8.4 million. ~~We plan to renew these loans upon maturity and intend to raise additional funds through bank borrowings in the future to meet our daily cash demands, if required.~~

~~In addition, we~~

Equity and Debt Financings from Investors

We have also obtained funds through private placements, ~~and equity financings.~~

On January 7, 2019, each of Mr. Dawei Li and Mr. Yunfei Li entered into an agreement with CBAK Power and Tianjin New Energy whereby Tianjin New Energy assigned its rights to loans to CBAK Power of approximately $3.5 million (RMB23,980,950) and $1.7 million (RMB11,647,890) (totaled $5.2 million, the “First Debt”) to Mr. Dawei Li and Mr. Yunfei Li, respectively.

On January 7, 2019, we entered into a cancellation agreement with Mr. Dawei Li and Mr. Yunfei Li. Pursuant to the terms of the cancellation agreement, Mr. Dawei Li and Mr. Yunfei Li agreed to cancel the First Debt in exchange for 3,431,373 and 1,666,667 shares of common stock of the Company, respectively at an exchange price of $1.02 per share. Upon receipt of the shares, the creditors released the Company from any claims, demandsregistered direct offerings and other ~~obligations relating to the First Debt.~~equity and debt financings.

On April 26, 2019, each of Mr. Jun Lang, Ms. Jing Shi and Asia EVK Energy Auto Limited (Asia EVK) entered into an agreement with CBAK Power and Tianjin New Energy whereby Tianjin New Energy assigned its rights to loans to CBAK Power of approximately $0.3 million (RMB2,225,082), $0.1 million (RMB 912,204) and $5.3 million (RMB35,406,036) (collectively $5.7 million, the “Second Debt”) to Mr. Jun Lang, Ms. Jing Shi and Asia EVK, respectively.

On April 26, 2019, we entered into a cancellation agreement with Mr. Jun Lang, Ms. Jing Shi and Asia EVK (the creditors). Pursuant to the terms of the Cancellation Agreement, the creditors agreed to cancel the Second Debt in exchange for 300,534, 123,208 and 4,782,163 shares of common stock of the Company, respectively, at an exchange price of $1.1 per share. Upon receipt of the shares, the creditors released the Company from any claims, demands and other obligations relating to the Second Debt.

On June 28, 2019, each of Mr. Dawei Li and Mr. Yunfei Li entered into an agreement with CBAK Power to loan approximately $1.4 million (RMB10,000,000) and $2.6 million (RMB18,000,000) respectively to CBAK Power for a term of six months (collectively $3.9 million, the “Third Debt”). The loan was unsecured, non-interest bearing and repayable on demand.

On July 16, 2019, each of Asia EVK and Mr. Yunfei Li entered into an agreement with CBAK Power and Dalian Zhenghong Architectural Decoration and Installation Engineering Co. Ltd. (the Company’s construction contractor) whereby Dalian Zhenghong Architectural Decoration and Installation Engineering Co. Ltd. assigned its rights to the unpaid construction fees owed by CBAK Power of approximately $2.9 million (RMB20,000,000) and $0.5 million (RMB2,813,810) (collectively $3.4 million, the “Fourth Debt”) to Asia EVK and Mr. Yunfei Li, respectively.

On July 26, 2019, we entered into a cancellation agreement with Mr. Dawei Li, Mr. Yunfei Li and Asia EVK (the creditors). Pursuant to the terms of the cancellation agreement, Mr. Dawei Li, Mr. Yunfei Li and Asia EVK agreed to cancel the Third Debt and Fourth Debt in exchange for 1,384,717, 2,938,067 and 2,769,435 shares of common stock of the Company, respectively, at an exchange price of $1.05 per share. Upon receipt of the shares, the creditors released the Company from any claims, demands and other obligations relating to the Third Debt and Fourth Debt. The cancellation agreement contains customary representations and warranties of the creditors. The creditors do not have registration rights with respect to the shares.

~~On July 24, 2019,~~December 8, 2020, we entered into a securities purchase agreement with ~~Atlas Sciences, LLC (the “Lender”),~~certain institutional investors, pursuant to which ~~the Company~~we issued in a ~~promissory note (the “Note I”) to the Lender. The Note has~~registered direct offering, an ~~original principal amount~~aggregate of $1,395,000, bears interest at a rate of 10% per annum and will mature 12 months after the issuance, unless earlier paid or redeemed in accordance with its terms. The Company received proceeds of $1,250,000 after an original issue discount of $125,000 and payment of Lender’s expenses of $20,000.

On October 10, 2019, each of Mr. Shibin Mao, Ms. Lijuan Wang and Mr. Ping Shen entered into an agreement with CBAK Power and Zhengzhou BAK New Energy Vehicle Co., Ltd. (the Company’s supplier of which Mr. Xiangqian Li, the former CEO, is a director of this company) whereby Zhengzhou BAK New Energy Vehicle Co., Ltd. assigned its rights to the unpaid inventories cost owed by CBAK Power of approximately $2.1 million (RMB15,000,000), $1.0 million (RMB7,380,000) and $1.0 million (RMB7,380,000) (collectively $4.1 million, the “Fifth Debt”) to Mr. Shibin Mao, Ms. Lijuan Wang and Mr. Ping Shen, respectively.

On October 14, 2019, we entered into a cancellation agreement with Mr. Shangdong Liu, Mr. Shibin Mao, Ms. Lijuan Wang and Mr. Ping Shen (the creditors). Pursuant to the terms of the cancellation agreement, Mr. Shangdong Liu, Mr. Shibin Mao, Ms. Lijuan Wang and Mr. Ping Shen agreed to cancel and convert the Fifth Debt and the Unpaid Earnest Money of approximately $0.9 million (RMB6,720,000) in exchange for 528,053, 3,536,068, 2,267,798 and 2,267,7989,489,800 shares of common stock of the Company ~~respectively,~~ at ~~an exchange~~a per share purchase price of ~~$0.6 per share. Upon receipt~~$5.18, and warrants to purchase an aggregate of the shares, the creditors released the Company from any claims, demands and other obligations relating to the Fifth Debt and the Unpaid Earnest Money. The cancellation agreement contains customary representations and warranties of the creditors. The creditors do not have registration rights with respect to the shares.

On December 30, 2019, we entered into a second securities purchase agreement with Atlas Sciences, LLC (the “Lender”), pursuant to which we issued a promissory note (the “Note II”) to the Lender. The Note II has an original principal amount of $1,670,000, bears interest at a rate of 10% per annum and will mature 12 months after the issuance, unless earlier paid or redeemed in accordance with its terms. We received proceeds of $1,500,000 after an original issue discount of $150,000 and payment of Lender’s expenses of $20,000.

On January 27, 2020, we entered into an exchange agreement (the “First Exchange Agreement”) with Atlas Sciences, LLC (the “Lender”), pursuant to which the Company and the Lender agreed to (i) partition a new promissory note in the original principal amount equal to $100,000 (the “Partitioned Promissory Note) from the outstanding balance of certain promissory note that the Company issued to the Lender on July 24, 2019, which has an original principal amount of $1,395,000, and (ii) exchange the Partitioned Promissory Note for the issuance of 160,256 shares of the Company’s common stock, par value $0.001 per share to the Lender.

On February 20, 2020, we entered into a second exchange agreement (the “Second Exchange Agreement”) with Atlas Sciences, LLC (the “Lender”), pursuant to which the Company and the Lender agreed to (i) partition a new promissory note in the original principal amount equal to $100,000 (the “Partitioned Promissory Note”) from the outstanding balance of certain promissory note that the Company issued to the Lender on July 24, 2019, which has an original principal amount of $1,395,000, and (ii) exchange the Partitioned Promissory Note for the issuance of 207,641 shares of the Company’s common stock, par value $0.001 per share to the Lender.

On April 10, 2020, each of Mr. Yunfei Li, Mr. Ping Shen and Asia EVK entered into an agreement with CBAK Power and Shenzhen BAK, whereby Shenzhen BAK assigned its rights to the unpaid inventories cost owed by CBAK Power of approximately $1.0 million (RMB7,000,000), $2.3 million (RMB16,000,000) and $1.0 million (RMB7,300,000) (collectively $4.3 million, the “Sixth Debt”) to Mr. Yunfei Li, Mr. Ping Shen and Asia EVK, respectively.

On April 27, 2020, we entered into a cancellation agreement with Mr. Yunfei Li, Mr. Ping Shen and Asia EVK (the creditors). Pursuant to the terms of the cancellation agreement, Mr. Yunfei Li, Mr. Ping Shen and Asia EVK agreed to cancel the Sixth Debt in exchange for 2,062,619, 4,714,557 and 2,151,0173,795,920 shares of common stock of the Company ~~respectively,~~ at an ~~exchange~~exercise price of ~~$0.48~~$6.46 per ~~share. Upon receipt~~share exercisable for 36 months from the date of issuance, for gross proceeds of approximately $49.16 million, before deducting fees to the ~~shares, the creditors released the Company from any claims, demands~~placement agent and other ~~obligations relating to~~estimated offering expenses payable by the ~~Sixth Debt. The cancellation agreement contains customary representations and warranties of the creditors. The creditors do not have registration rights with respect to the shares.~~Company.

On ~~April 28, 2020,~~February 8, 2021, we entered into ~~a third exchange~~another securities purchase agreement ~~(the “Third Exchange Agreement”)~~ with ~~Atlas Sciences, LLC (the “Lender”),~~the same investors, pursuant to which ~~the Company and the Lender agreed to (i) partition~~we issued in a ~~new promissory note in the original principal amount equal to $100,000 (the “Partitioned Promissory Note”) from the outstanding balance~~registered direct offering, an aggregate of certain promissory note that the Company issued to the Lender on July 24, 2019, which has an original principal amount of $1,395,000, and (ii) exchange the Partitioned Promissory Note for the issuance of 312,500 shares of the Company’s common stock, par value $0.001 per share to the Lender.

On June 8, 2020, we entered into a fourth exchange agreement (the “Fourth Exchange Agreement”) with Atlas Sciences, LLC (the “Lender”), pursuant to which the Company and the Lender agreed to (i) partition a new promissory note in the original principal amount equal to $100,000 (the “Partitioned Promissory Note”) from the outstanding balance of certain promissory note that the Company issued to the Lender on July 24, 2019, which has an original principal amount of $1,395,000, and (ii) exchange the Partitioned Promissory Note for the issuance of 271,739 shares of the Company’s common stock, par value $0.001 per share to the Lender.

On June 10, 2020, we entered into a fifth exchange agreement (the “Fifth Exchange Agreement”) with Atlas Sciences, LLC (the “Lender”), pursuant to which the Company and the Lender agreed to (i) partition a new promissory note in the original principal amount equal to $150,000 (the “Partitioned Promissory Note”) from the outstanding balance of certain promissory note that the Company issued to the Lender on July 24, 2019, which has an original principal amount of $1,395,000, and (ii) exchange the Partitioned Promissory Note for the issuance of 407,609 shares of the Company’s common stock, par value $0.001 per share to the Lender.

On July 6, 2020, we entered into a Sixth exchange agreement (the “Sixth Exchange Agreement”) with Atlas Sciences, LLC (the “Lender”), pursuant to which the Company and the Lender agreed to (i) partition a new promissory note in the original principal amount equal to $250,000 (the “Partitioned Promissory Note”) from the outstanding balance of certain promissory note that the Company issued to the Lender on July 24, 2019, which has an original principal amount of $1,395,000, and (ii) exchange the Partitioned Promissory Note for the issuance of 461,595 shares of the Company’s common stock, par value $0.001 per share to the Lender.

On July 8, 2020, we entered into a First exchange agreement for Note II (the “First Exchange Agreement- Note II”) with Atlas Sciences, LLC (the “Lender”), pursuant to which the Company and the Lender agreed to (i) partition a new promissory note in the original principal amount equal to $250,000 (the “Partitioned Promissory Note”) from the outstanding balance of certain promissory note that the Company issued to the Lender on December 30, 2019, which has an original principal amount of $1,670,000, and (ii) exchange the Partitioned Promissory Note for the issuance of 453,161 shares of the Company’s common stock, par value $0.001 per share to the Lender.

On July 29, 2020, we entered into a Seventh exchange agreement (the “Seventh Exchange Agreement”) with Atlas Sciences, LLC (the “Lender”), pursuant to which the Company and the Lender agreed to (i) partition a new promissory note in the original principal amount equal to $365,000 (the “Partitioned Promissory Note”) from the outstanding balance of certain promissory note that the Company issued to the Lender on July 24, 2019, which has an original principal amount of $1,395,000, and (ii) exchange the Partitioned Promissory Note for the issuance of 576,802 shares of the Company’s common stock, par value $0.001 per share to the Lender.

On October 12, 2020, we entered into an amendment to promissory notes (the “Amendment”) with Atlas Sciences, LLC (the Lender), pursuant to which the Lender has the right at any time until the outstanding balance of the Notes has been paid in full, at its election, to convert all or any portion of the outstanding balance of the Notes into8,939,976 shares of common stock of the ~~Company. The conversion~~Company at a per share purchase price ~~for each conversion will be calculated pursuant~~of $7.83. In addition, we issued to the ~~following formula: 80% multiplied~~investors (i) in a concurrent private placement, the Series A-1 warrants to purchase a total of 4,469,988 shares of common stock, at a per share exercise price of $7.67 and exercisable for 42 months from the date of issuance; (ii) in the registered direct offering, the Series B warrants to purchase a total of 4,469,988 shares of common stock, at a per share exercise price of $7.83 and exercisable for 90 days from the date of issuance; and (iii) in the registered direct offering, the Series A-2 warrants to purchase up to 2,234,992 shares of common stock, at a per share exercise price of $7.67 and exercisable for 45 months from the date of issuance. We received gross proceeds of approximately $70 million from the registered direct offering and the concurrent private placement, before deducting fees to the placement agent and other estimated offering expenses payable by the ~~lowest closing price~~Company.

On May 10, 2021, we entered into that Amendment No. 1 to the Series B Warrant (the “Series B Warrant Amendment”) with each of the Company common stock during the ten (10) trading days immediately preceding the applicable conversion (the “Conversion Price”). Notwithstanding the foregoing, in no event will the Conversion Price be less than $1.00.

According to the Amendment, on October 13, 2020, the company exchanged $371,275 of principal and coupon interests under the Note I and $775,000 in principal under the Note II for the issuance of 229,750 shares and 479,579 sharesholders of the Company’s ~~common stock, par value $0.001 per share~~outstanding Series B warrants. Pursuant to the ~~Lender, respectively.~~

~~On October 20, 2020, we further exchanged $778,251 of principal and coupon interests under~~Series B Warrant Amendment, the ~~Note II for the issuance of 329,768 shares~~term of the ~~Company’s common stock, par value $0.001 per share~~Series B warrants was extended from May 11, 2021 to ~~the Lender.~~August 31, 2021. As of September 30, 2021, all of the ~~date of this report, we have fully repaid the principal~~Series B warrants and ~~coupon interests of Note I and Note II.~~Series A-2 warrants had expired.

We currently are ~~currently~~ expanding our product lines and manufacturing capacity and developing the new business of producing light electric vehicles in our Dalian and Nanjing ~~plant,~~plants, which ~~require more~~requires additional funding to finance the expansion. We may also require additional cash due to changing business conditions or other future developments, including any investments or acquisitions we may decide to pursue. We ~~plan to~~may renew ~~these~~our bank loans upon maturity, if required, and plan to raise additional funds through bank borrowings and equity or debt financing in the future to meet our daily cash demands, if required. However, there can be no assurance that we will be successful in obtaining ~~this~~such financing. If our existing cash and bank borrowing are insufficient to meet our requirements, we may seek to sell equity securities, debt securities or borrow from other lending institutions. We can make no assurance that financing will be available in the amounts we need or on terms acceptable to us, if at all. The sale of equity securities, including convertible debt securities, would dilute the interests of our current shareholders. The incurrence of debt would divert cash for working capital and capital expenditures to service debt obligations and could result in operating and financial covenants that restrict our operations and our ability to pay dividends to our shareholders. If we are unable to obtain additional equity or debt financing as required, our business operations and prospects may suffer.

In the meanwhile, due to the growing environmental pollution problem, the Chinese government is currently providing support to new energy facilities and vehicle. It is expected that we will be able to secure more potential orders from the new energy market, especially from the electric car market. We believe with the booming future market demand in high power lithium ion products, we can continue as a going concern and sustainably return to profitability.

The accompanying condensed consolidated financial statements have been prepared assuming we will continue to operate as a going concern, which contemplates the realization of assets and the settlement of liabilities in the normal course of business. The condensed consolidated financial statements do not include any adjustments to reflect the possible future effects on the recoverability and classification of assets or the amounts and classification of liabilities that may result from the outcome of this uncertainty related to our ability to continue as a going concern.

The following table sets forth a summary of our cash flows for the periods indicated:

(All amounts in thousands of U.S. dollars)

Nine Months Ended
September 30,
2019 2020
Net cash (used in) provided by operating activities $ (13,906 ) $ 4,899
Net cash used in investing activities (1,999 ) (2,033 )
Net cash provided by (used in) financing activities 7,291 (2,329 )
Effect of exchange rate changes on cash and cash equivalents (494 ) 231
Net (decrease) increase in cash and cash equivalents and restricted cash (9,108 ) 768
Cash and cash equivalents and restricted cash at the beginning of period 17,689 7,134
Cash and cash equivalents and restricted cash at the end of period $ 8,581 $ 7,902

	Nine Months Ended September 30,
	2020			2021
Net cash provided by (used in) operating activities	$	4,899		$	(7,240	)
Net cash used in investing activities		(2,033	)		(47,504	)
Net cash (used in) provided by financing activities		(2,329	)		51,049
Effect of exchange rate changes on cash and cash equivalents		231			570
Net increase (decrease) in cash and cash equivalents and restricted cash		768			(3,125	)
Cash and cash equivalents and restricted cash at the beginning of period		7,134			20,671
Cash and cash equivalents and restricted cash at the end of period	$	7,902		$	17,546

Operating Activities

Net cash used in operating activities was $7.2 million in the nine months ended September 30, 2021, as compared to net cash provided by operating activities of $4.9 million in the same period in 2020. The net cash used in operating activities in the nine months ended September 30, 2021 was mainly attributable to an increase of $4.6 million in inventories, an increase of $2.2 million in prepayments and other receivables and a decrease of $7.6 million in trade accounts and bills payable partially offset by our net loss of $1.5 million (before loss on disposal of property, plant and equipment, non-cash depreciation and amortization, recovery of doubtful debts, write-down of inventories, share-based compensation, change in fair value of warrant liability and impairment of non-marketable equity securities), an increase of $8.1 million in trade accounts and bills and $1.5 million of government grants received.

Net cash provided by operating activities was $4.9 million ~~in the nine months ended September 30, 2020, as compared to net cash used in operating activities of $13.9 million in the same period in 2019. The net cash provided by operating activities~~ in the nine months ended September 30, 2020 was mainly attributable to a decrease of $4.4 million in inventories, an increase of $3.6 million in trade accounts and bills payables, an increase of $4.5 million of trade payables to former subsidiaries, and proceed of government grants of $2.9 million partially offset by our net loss (excluding non-cash depreciation and amortization, provision for doubtful debts, write-down of inventories and share-based compensation) of $0.3 million and an increase of $10.4 million increase in trade accounts and bills receivable.

Investing Activities

Net cash used in ~~operating~~investing activities was ~~$13.9 in~~$47.5 million for the nine months ended September 30, ~~2019 was~~2021, as compared to $2.0 million in the same period of 2020. The net cash used in investing activities in 2021 mainly ~~attributable to our net loss (before loss on disposal~~consisted of deposit paid for acquisition of a majority-owned subsidiary of $8.3 million, purchase of non-marketable equity securities of $1.4 million and purchase of property, plant and equipment and ~~excluding non-cash depreciation~~construction in progress of $17.5 million and ~~amortization)~~loan to Hitrans of $4.6 million, $12.1 million on settlement of trade accounts and bills payable and $3.4 million on settlement paid to our former subsidiaries, partially offset by an increase of $4.0 million for trade accounts and bills receivable, a decrease of $1.7 million for prepayments and other receivables and an increase of $1.4 million for accrued expenses and other payables. $20.2 million.

~~Investing Activities~~

Net cash used in investing activities was $2.0 million for the nine months ended September 30, 2020 ~~as compared to $2.0 million in the same period of 2019. The net cash used in investing activities in 2019 and 2020~~ mainly ~~include~~included purchase of property, plant and equipment and construction in progress.

Financing Activities

Net cash provided by financing activities was $51.0 million in the nine months ended September 30, 2021, compared to net cash used in financing activities of $2.3 million during the same period in 2020. The net cash provided by financing activities in the nine months ended September 30, 2021 mainly comprised proceeds of $65.5 million from issuance of shares, partially offset by repayment of bank borrowings of $13.9 million, repayment of borrowings from unrelated and related parties of $0.4 million and $0.2 million, respectively.

Net cash used in financing activities was $2.3 million ~~in the nine months ended September 30, 2020, compared to a net cash provided by financing activities $7.3 million during the same period in 2019. The net cash used in financing activities~~ in the nine months ended September 30, 2020 was mainly attributable to repayment of borrowings of $5.6 million to Jilin Province Trust Co. Ltd. and $0.2 million to banks, partially offset by borrowing of $3.5 million from Jilin Province Trust Co. Ltd. under a renewed credit facility and borrowings of $0.3 million from our shareholders.

Net cash provided by financing activities was $7.3 million in the nine months ended September 30, 2019 The net cash provided by financing activities in the nine months ended September 30, 2019 mainly comprised borrowings from unrelated parties of $6.4 million, proceeds from issue of promissory note of $1.3 million and advances from shareholders of $4.1 million, partially offset by repayment of bank borrowings of $3.6 million and repayment of earnest money to shareholders of $0.8 million.

As of September 30, ~~2020,~~2021, the principal amounts outstanding under our credit facilities and lines of credit were as follows:

(All amounts in thousands of U.S. dollars)

Maximum amount available Amount borrowed
Long-term credit facilities:
China Everbright Bank $ 25,464 $ 20,722

Other lines of credit:
China Everbright Bank $ 9,994 $ 9,994
China Merchants Bank 2,365 2,365
12,359 12,359
Other short-term loam:
Jinlin Province Trust Co., Ltd $ 5,891 3,564

Total $ 43,714 $ 36,645

	Maximum amount available		Amount borrowed

Other lines of credit:
Bank of Ningbo Co., Ltd	$	13,068	$	4,645
Agricultural Bank of China		4,802		4,802
China Zheshang Bank Co., Ltd		6,178		6,178
Total	$	24,048	$	15,625

Capital Expenditures

We incurred capital expenditures of $2.0 million and $17.5 million in the nine months ended September 30, ~~2019~~2020 and ~~2020.~~2021, respectively. Our capital expenditures were used to construct and upgrade our manufacturing facilities in Dalian and Nanjing.

We estimate that our total capital expenditures for the year ending December 31, ~~2020~~2021 will reach approximately ~~$4.0~~$20.0 million. Such funds ~~will be~~are primarily used to expand new automatic manufacturing lines ~~to fulfill our customer demands.~~of battery as well as light electric vehicle production lines.

Contractual Obligations and Commercial Commitments

The following table sets forth our contractual obligations and commercial commitments as of September 30, ~~2020:~~2021:

(All amounts in thousands of U.S. dollars)

Payments Due by Period
　 Total Less than
1 year 1 - 3 years 3 - 5 years More than
5 years
Contractual Obligations
Current maturities of long-term bank loans $ 20,722 $ 20,722 $ - - $ -
Short-term bank loans 5,876 5,876 - - -
Bills payable 6,665 6,665 - - -
Notes payable 1,615 1,615 - - -
Payable to former subsidiaries 1,676 1,676 - - -
Other short-term loans 5,269 5,269 - - -
Capital injection to CBAK Trading 2,565 2,565 - - -
Capital injection to CBAK Power 30,000 30,000 - - -
Capital injection to CBAK Energy 50,000 50,000 - - -
Capital injection to CBAK Nanjing 100,000 100,000 - - -
Capital injection to Nanjing CBAK 103,093 103,093 - - -
Capital commitments for construction of buildings 1,798 1,798 - - -
Capital commitments for purchase of equipment 348 348 - - -
Future interest payment on notes payable 10 10 - - -
Future interest payment on bank loans 906 906 - - -
Future interest payment on other short-term loan 256 256 - - -
Total $ 330,799 $ 330,799 $ - - $ -

	Payments Due by Period
	Total		Less than 1 year		1 - 3 years		3 - 5 years		More than 5 years
Contractual Obligations
Bills payable	$	15,654	$	15,654	$	-	$	-	$	-
Payable to former subsidiaries		362		362		-		-		-
Other short-term loans		681		681		-		-		-
Capital injection to CBAK Trading		2,565		2,565		-		-		-
Capital injection to CBAK Energy		26,480		26,480		-		-		-
Capital injection to CBAK Nanjing		44,710		44,710		-		-		-
Capital injection to Nanjing CBAK		56,768		56,768		-		-		-
Capital injection to Nanjing Daxin		5,209		5,209
Capital injection to Juzhong Daxin		4,654		4,654
Capital commitments for construction of buildings		638		638		-		-		-
Capital commitments for purchase of equipment		8,415		8,415		-		-		-
Operating lease obligations		1,670		835		835		-		-
Total	$	167,806	$	166,971	$	835		-	$	-

Other than the contractual obligations and commercial commitments set forth above, we did not have any other long-term debt obligations, operating lease obligations, capital commitments, purchase obligations or other long-term liabilities as of September 30, ~~2020.~~2021.

Off-Balance Sheet Transactions

We have not entered into any transactions, agreements or other contractual arrangements to which an entity unconsolidated with us is a party and under which we have (i) any obligation under a guarantee, (ii) any retained or contingent interest in assets transferred to an unconsolidated entity that serves as credit, liquidity or market risk support to such entity, (iii) any obligation under derivative instruments that are indexed to our shares and classified as shareholders’ equity in our consolidated balance sheets, or (iv) any obligation arising out of a variable interest in any unconsolidated entity that provides financing, liquidity, market risk or credit support to us or engages in leasing, hedging or research and development services with us.

Critical Accounting Policies

Our condensed consolidated financial information has been prepared in accordance with U.S. GAAP, which requires us to make judgments, estimates and assumptions that affect (1) the reported amounts of our assets and liabilities, (2) the disclosure of our contingent assets and liabilities at the end of each fiscal period and (3) the reported amounts of revenues and expenses during each fiscal period. We continually evaluate these estimates based on our own historical experience, knowledge and assessment of current business and other conditions, our expectations regarding the future based on available information and reasonable assumptions, which together form our basis for making judgments about matters that are not readily apparent from other sources. Since the use of estimates is an integral component of the financial reporting process, our actual results could differ from those estimates. Some of our accounting policies require a higher degree of judgment than others in their application.

There were no material changes to the critical accounting policies previously disclosed in our audited consolidated financial statements for the year ended December 31, ~~2019~~2020 included in the Annual Report on Form 10-K filed on ~~May 14, 2020.~~April 13, 2021.

Changes in Accounting Standards

Please refer to note 1 to our condensed consolidated financial statements, “Principal Activities, Basis of Presentation and Organization ~~–Recently~~– Recently Issued Accounting Standards,” for a discussion of relevant pronouncements.

ITEM 3. QUANTITATIVE AND QUALITATIVE DISCLOSURES ABOUT MARKET RISK.

Not applicable.

ITEM 4. CONTROLS AND PROCEDURES.

Evaluation of Disclosure Controls and Procedures

As required by Rule 13a-15 under the Exchange Act, our management has carried out an evaluation, with the participation and under the supervision of our Chief Executive Officer and Interim Chief Financial Officer, of the effectiveness of the design and operation of our disclosure controls and procedures as of September 30, ~~2020.~~2021. Disclosure controls and procedures refer to controls and other procedures designed to ensure that information required to be disclosed in the reports we file or submit under the Exchange Act is recorded, processed, summarized and reported within the time periods specified in the rules and forms of the SEC and that such information is accumulated and communicated to our management, including our Chief Executive Officer and Interim Chief Financial Officer, as appropriate, to allow timely decisions regarding required disclosure. In designing and evaluating our disclosure controls and procedures, management recognizes that any controls and procedures, no matter how well designed and operated, can provide only reasonable assurance of achieving the desired control objectives, and management is required to apply its judgment in evaluating and implementing possible controls and procedures.

Management conducted its evaluation of disclosure controls and procedures under the supervision of our Chief Executive Officer and our Interim Chief Financial Officer. Based upon, and as of the date of this evaluation, our Chief Executive Officer and Interim Chief Financial Officer concluded that our disclosure controls and procedures were ineffective as of September 30, ~~2020.~~2021.

As we disclosed in our Annual Report on Form 10-K filed with the SEC on ~~May 14, 2020,~~April 13, 2021, during our assessment of the effectiveness of internal control over financial reporting as of December 31, ~~2019,~~2020, management identified the following material weakness in our internal control over financial reporting:

●

We did not have appropriate policies and procedures in place to evaluate the proper accounting and disclosures of key documents and agreements.

●

We do not have sufficient and skilled accounting personnel with an appropriate level of technical accounting knowledge and experience in the application of accounting principles generally accepted in the United States commensurate with our financial reporting requirements.

In order to cure the foregoing material weaknesses, we plan to make necessary changes by providing training to our financial team and our other relevant personnel on the U.S. GAAP accounting guidelines applicable to our financial reporting requirements. We are also in the process of hiring a permanent chief financial officer with significant U.S. GAAP and SEC reporting experience.

We intend to complete the remediation of the material weaknesses discussed above as soon as practicable but we can give no assurance that we will be able to do so. Designing and implementing an effective disclosure controls and procedures is a continuous effort that requires us to anticipate and react to changes in our business and the economic and regulatory environments and to devote significant resources to maintain a financial reporting system that adequately satisfies our reporting obligations. The remedial measures that we have taken and intend to take may not fully address the material weakness that we have identified, and material weaknesses in our disclosure controls and procedures may be identified in the future. Should we discover such conditions, we intend to remediate them as soon as practicable. We are committed to taking appropriate steps for remediation, as needed.

Changes in Internal Control over Financial Reporting

Except for the matters described above, there were no changes in our internal controls over financial reporting during the quarter ended September 30, ~~2020~~2021 that have materially affected, or are reasonably likely to materially affect, our internal control over financial reporting.

PART II

OTHER INFORMATION

ITEM 1. LEGAL PROCEEDINGS.

From time to time, we may become involved in various lawsuits and legal proceedings, which arise, in the ordinary course of business. However, litigation is subject to inherent uncertainties, and an adverse result in these, or other matters, may arise from time to time that may harm our business. Other than the legal proceedingsThe information set forth ~~below, we are currently not aware~~in Note 23 “Commitments and Contingencies—(ii) Litigation” to our consolidated financial statements in Part I, Item 1 of ~~any such legal proceedings or claims that we believe will have a material adverse effect on our business, financial condition or operating results:~~

On July 7, 2016, Shenzhen Huijie Purification System Engineering Co., Ltd (“Shenzhen Huijie”), one of the Company’s contractors, filed a lawsuit against CBAK Power in the Peoples’ Court of Zhuanghe City, Dalian, (the “Court of Zhuanghe”) for the failure to pay pursuant to the terms of the contract and entrusting part of the project of the contract to a third party without their prior consent. The plaintiff sought a total amount of $1,241,648 (RMB8,430,792), including construction costs of $0.9 million (RMB6.1 million, which the Company already accrued for at June 30, 2016), interest of $29,455 (RMB0.2 million) and compensation of $0.3 million (RMB1.9 million). On September 7, 2016, upon the request of Shenzhen Huijie for property preservation, the Court of Zhuanghe froze CBAK Power’s bank deposits totaling $1,241,648 (RMB8,430,792) for a period of one year. On September 1, 2017, upon the request of Shenzhen Huijie, the Court of Zhuanghe froze the bank deposits for another one year until August 31, 2018. The Court further froze the bank deposits for another one year until August 27, 2019 upon the request of Shenzhen Huijie on August 27, 2018. On August 27, 2019, the Court froze the bank deposits for another year until August 27, 2020, upon the request of Shenzhen Huijie. On June 28, 2020, the Court of Dalian entered the final judgement as described below and the frozen bank deposit was released in July 2020.

~~On June 30, 2017, according to the trial of first instance, the Court of Zhuanghe ruled that CBAK Power should pay the remaining contract amount of RMB6,135,860 (approximately $0.9 million) claimed~~this Form 10-Q is incorporated by Shenzhen Huijie as well as other expenses incurred including deferred interest, discounted charge on bills payable, litigation fee and property preservation fee totaled $0.1 million. The Company has accrued for these amounts as of December 31, 2017. On July 24, 2017, CBAK Power filed an appellate petition to the Intermediate Peoples’ Court of Dalian (“Court of Dalian)” to appeal the adjudication dated on June 30, 2017. On November 17, 2017, the Court of Dalian rescinded the original judgement and remanded the case to the Court of Zhuanghe for retrial. The Court of Zhuanghe conducted a retrial and requested an appraisal to be performed by a third-party appraisal institution on the construction cost incurred and completed by Shenzhen Huijie on the subject project. On November 8, 2018, the Company received from the Court of Zhuanghe the construction-cost-appraisal report which determined that the construction cost incurred and completed by Shenzhen Huijie for the subject project to be $1,344,605 (RMB9,129,868). On May 20, 2019, the Court of Zhuanghe entered a judgment that Shenzhen Huijie should pay back to CBAK Power $261,316 (RMB1,774,337) (the amount CBAK Power paid in excess of the construction cost appraised by the appraisal institution) and the interest incurred since April 2, 2019. Shenzhen Huijie filed an appellate petition to the Court of Dalian. On June 28, 2020, the Court of Dalian entered the final judgment that Shenzhen Huijie should pay back to CBAK Power $245,530 (RMB1,667,146) (the amount CBAK Power paid in excess of the construction cost appraised by the appraisal institution) and the interest incurred since April 2, 2019, and reimburse the litigation fees totaling $30,826 (RMB209,312) that CBAK Power has paid. As of September 30, 2020, we have not received the final judgement amount totaled $276,356 from Shenzhen Huijie.

In May 2017, CBAK Power filed a lawsuit in the Court of Zhuanghe against Pingxiang Anyuan Tourism Bus Manufacturing Co., Ltd., (“Anyuan Bus”) one of CBAK Power’s customers, for failure to pay pursuant to the terms of the sales contract. CBAK Power sought a total amount of RMB18,279,858 ($2,692,173), including goods amount of RMB17,428,000 ($2,566,716) and interest of RMB851,858 ($125,458). On December 19, 2017, the Court of Zhuanghe determined that Anyuan Bus should pay the goods amount of RMB17,428,000 ($2,566,716) and the interest until the goods amount was paid off, and a litigation fee of RMB131,480 ($19,364). Anyuan Bus did not appeal and as a result, the judgment is currently in the enforcement phase. On June 29, 2018, the Company filed application petition with the Court of Zhuanghe for enforcement of the judgement against all of Anyuan Bus’s shareholders, including Jiangxi Zhixin Automobile Co., Ltd, Anyuan Bus Manufacturing Co., Ltd, Anyuan Coal Group Co., Ltd, Qian Ronghua, Qian Bo and Li Junfu. On October 22, 2018, the Court of Zhuanghe issued a judgment supporting the Company’s petition that all the Anyuan Bus’s shareholders should be liable to pay the Company the debt as confirmed under the trial. On November 9, 2018, all the shareholders of Anyuan Bus appealed against the judgment after receiving the notice from the Court. On March 29, 2019, the Company received judgment from the Court of Zhuanghe that all these six shareholders cannot be added as judgment debtors. On April 11, 2019, the Company filed appellate petition to the Intermediate Peoples’ Court of Dalian challenging the judgment from the Court of Zhuanghe. On October 9, 2019, the Intermediate Peoples’ Court of Dalian dismissed the appeal by the Company and affirmed the original judgment. As of December 31, 2019 and September 30, 2020, we had made a full provision against the receivable from Anyuan Bus of RMB 17,428,000 ($2,566,716).

reference herein.

On August 9, 2019, upon the request of Shenzhen Xinjiatuo Automobile Technology Co., Ltd, Shenzhen Court of International Arbitration froze CBAK Power’s bank deposits totaling $0.16 million (RMB1,117,269), including equipment cost $0.14 million (RMB976,000), interest $0.02 million (RMB136,269) and litigation fees of $736 (RMB5,000) for a period of one year to August 2020. We believe that the plaintiff’s claims are without merit and are vigorously defending ourselves in this proceeding.

In November 2019, CBAK Suzhou received notice from Court of Suzhou city that Suzhou Industrial Park Security Service Co., Ltd (“Suzhou Security”) filed a lawsuit against CBAK Suzhou for the failure to pay pursuant to the terms of the sales contract. Suzhou Security sought a total amount of $20,576 (RMB139,713), including services expenses amount of $20,458 (RMB138,908) and interest of $119 (RMB805). Upon the request of Suzhou Security for property preservation, the Court of Suzhou froze CBAK Suzhou’s bank deposits totaling $0.02 million (RMB150,000) for a period of one year. As of September 30, 2020, $4,857 (RMB32,980) was frozen by bank and the Company had accrued the service cost of $20,576 (RMB139,713).

In early September of 2019, several employees of CBAK Suzhou filed arbitration with Suzhou Industrial Park Labor Disputes Arbitration Commission against CBAK Suzhou for failure to pay their salaries in time. The employees seek for a payment including salaries of $94,015 (RMB638,359) and compensation of $79,971 (RMB543,000), totaling $0.17 million (RMB1,181,359). In addition, upon the request of the employees for property preservation, bank deposit of $0.17 million (RMB1,181,359) was frozen by the court of Suzhou for a period of one year. On September 5, 2019, CBAK Suzhou and the employees reached an agreement that CBAK Suzhou will pay these salaries and compensation. In February 2020, we fully repaid the salaries and compensation. As of September 30, 2020, $6 (RMB43) was frozen by bank.

In October 2019, CBAK Power received notice from Court of Changshou District, Chongqing that Chongqing Zhongrun Chemistry Co., Ltd (“Chongqing Zhongrun”) filed arbitration claims against the Company for the failure to pay pursuant to the terms of the contract. The plaintiff sought a total amount of $0.4 million (RMB2,484,948), including material cost of $0.4 million (RMB2,397,660) and interest of $12,855 (RMB87,288). On October 31, 2019, CBAK Power and Chongqing Zhongrun reached an agreement that CBAK Power would pay the material cost by the end of December 31, 2019. In 2020, CBAK Power had paid $190,515 (RMB1,293,600). As of September 30, 2020, the Company has accrued the remaining material purchase cost of $0.16 million (RMB1,104,060). In August 2020, upon the request of Chongqing Zhongrun for property preservation, the Court of Changshou District ordered to freeze CBAK Power’s bank deposits totaling $0.2 million (RMB1,249,836) for a period of one year to August 2021. As of September 30, 2020, nil was frozen by bank.

In October 2019, CBAK Power received notice from Court of Zhuanghe City that Hunan Zhongke Xingcheng Co., Ltd (“Hunan Zhongke”) filed a lawsuit against CBAK Power for failure to pay pursuant to the terms of the purchase contract. Hunan Zhongke sought a total amount of $148,074 (RMB1,005,425). In 2020, we have paid $36,819 (RMB250,000). Upon the request of Hunan Zhongke for property preservation, the Court of Zhuanghe City ordered to freeze CBAK Power’s bank deposits totaling $0.1 million (RMB768,876) for a period of one year to September 2021. As of September 30, 2020, we have accrued the remaining material purchase cost of $111,255 (RMB755,425) and nil was frozen by bank.

In December 2019, CBAK Power received notice from Court of Zhuanghe that Dalian Construction Electrical Installation Engineering Co., Ltd. (“Dalian Construction”) filed a lawsuit against CBAK Power for the failure to pay pursuant to the terms of the construction contract. Dalian Construction sought a total amount of $101,780 (RMB691,086) and interest $1,905 (RMB12,934). As of December 31, 2019, the Company has accrued the construction cost of $101,780 (RMB691,086). Upon the request of Dalian Construction for property preservation, the Court of Zhuanghe ordered to freeze CBAK Power’s bank deposits totaling $103,685 (RMB704,020) for a period of one year to December 2020. As of December 31, 2019, $97,384 (RMB661,240) was frozen by bank. In January 2020, CBAK Power and Dalian Construction have come to a settlement, and the bank deposit was then released. We have paid all the construction cost as of September 30, 2020.

In February 2020, CBAK Power received notice from Court of Zhuanghe that Dongguan Shanshan Battery Material Co., Ltd (“Dongguan Shanshan”) filed lawsuit against CBAK Power for the failure to pay pursuant to the terms of the purchase contract. Dongguan Shanshan sought a total amount of $0.6 million (RMB4,434,209), which have already been accrued for as of September 30, 2020. Upon the request of Dongguan Shanshan for property preservation, the Court of Zhuanghe ordered to freeze CBAK Power’s bank deposits totaling $0.6 million (RMB4,434,209) for a period of one year to December 17, 2020. In July 2020, CBAK Power and Dongguan Shanshan have come to a settlement amount of $0.5 million (RMB3,635,192) and the bank deposit was then released. In October 2020, we fail to pay according to the settlement, Dongguan Shanshan sought a total amount of $0.5 million (RMB3,635,192). Upon the request of Dongguan Shanshan for property preservation, the Court of Zhuanghe ordered to freeze CBAK Power’s bank deposits totaling $0.5 million (RMB3,365,192) for a period of one year to October 21, 2021.

On March 20, 2020, CBAK Power received notice from Court of Nanpi County, Hebei Province that Cangzhou Huibang Engineering Manufacturing Co., Ltd (“Cangzhou Huibang”) filed lawsuit against CBAK Power for the failure to pay pursuant to the terms of the purchase contract. Cangzhou Huibang sought a total amount of $0.3 million (RMB2,029,594), including materials purchase cost of $0.3 million (RMB1,932,947), and interest of $14,234 (RMB96,647). As of September 30, 2020, the Company has accrued materials purchase cost of $0.3 million (RMB1,932,947). Upon the request of Cangzhou Huibang for property preservation, the Court of Nanpi ordered to freeze CBAK Power’s bank deposits totaling $0.4 million (RMB2,650,000) for a period of one year to March 3, 2021. As of September 30, 2020, $3,280 (RMB22,270) was frozen by bank.

In April 2020, CBAK Power received notice from Court of Nanshan District of Shenzhen that Shenzhen Klclear Technology Co., Ltd. (“Shenzhen Klclear”) filed lawsuit against CBAK Power for the failure to pay pursuant to the terms of the materials purchase contract. Shenzhen Klclear sought a total amount of $1 million (RMB6,250,764), which we have already accrued for as of September 30, 2020.

In May 2020, CBAK Power received notice from Court of Dalian Economic and Technology Development Zone that Tianjin Changxing Metal Co., Ltd (“Tianjin Changxing”) filed a lawsuit against CBAK Power for failure to pay pursuant to the terms of the purchase contract. Tianjin Changxing sought a total amount of $28,511 (RMB193,588). On August 24, 2020, upon the request of Tianjin Changxing for property preservation, the Court of Dalian Economic and Technology Development Zone ordered to freeze CBAK Power’s bank deposits totaling $31,648 (RMB214,892) for a period of one year. As of September 30, 2020, $1,691 (RMB11,479) was frozen by bank and we have accrued the material purchase cost of $28,511 (RMB193,588).

In May 2020, CBAK Power received notice from Court of Wuqing District, Tianjin that Tianjin Changyuan Electric Material Co., Ltd (“Tianjin Changyuan”) filed lawsuit against CBAK Power for failure to pay pursuant to the terms of the purchase contract. The plaintiff sought a total amount of $12,538 (RMB85,136), including material cost of $11,698 (RMB79,429) and interest of $840 (RMB5,707). In July, 2020, upon the request of the plaintiff for property preservation, the Court of Wuqing District, Tianjin ordered to freeze CBAK Power’s bank deposits totaling $12,538 (RMB85,136) for a period of one year. As of September 30, 2020, $12,538 (RMB85,136) was frozen by bank and the Company had accrued the material purchase cost of $12,538 (RMB85,136).

In June 2020, CBAK Suzhou received notice from Court of Suzhou Industrial Park that Ligao (Shandong) New Energy Technology Co., Ltd (“Ligao”) filed a lawsuit against CBAK Suzhou for the failure to pay pursuant to the terms of the purchase contract. Ligao sought a total amount of $11,384 (RMB77,599), including contract amount of $10,807 (RMB73,380) and interest of $621 (RMB4,219). As of September 30, 2020, we had accrued the material purchase cost of $10,807 (RMB73,380).

In June 2020, CBAK Suzhou received notice from Court of Yushui District, Xinyu City that Jiangxi Ganfeng Battery Technology Co., Ltd (“Ganfeng Battery”) filed a lawsuit against CBAK Suzhou for the failure to pay pursuant to the terms of the purchase contract. Ganfeng Battery sought a total amount of $111,308 (RMB755,780), including contract amount of $107,954 (RMB733,009) and interest of $3,354 (RMB22,771). Upon the request of Ganfeng Battery for property preservation, the Court of Yushui ordered to freeze CBAK Suzhou’s bank deposits totaling $113,401 (RMB769,994) for a period of one year. As of September 30, 2020, nil was frozen by bank and we had accrued the material purchase cost of $107,954 (RMB733,009).

In June 2020, CBAK Power received notice from Court of Dalian Economic and Technology Development Zone that Nanjing Jinlong Chemical Co., Ltd. (“Nanjing Jinlong”) filed a lawsuit against CBAK Power for the failure to pay pursuant to the terms of the purchase contract. Nanjing Jinlong sought a total amount of $121,060 (RMB822,000). Upon the request of Nanjing Jinlong for property preservation, the Court of Dalian Economic and Technology Development Zone ordered to freeze CBAK Power’s bank deposits totaling $121,060 (RMB822,000) for a period of one year. As of September 30, 2020, $16 (RMB107) was frozen by bank and we have accrued the material purchase cost of $121,060 (RMB822,000).

In June 2020, CBAK Power received notice from Court of Dalian Economic and Technology Development Zone that Xi’an Anpu New Energy Technology Co. LTD (“Xi’an Anpu”) filed a lawsuit against CBAK Power for the failure to pay pursuant to the terms of the equipment purchase contract. Xi’an Anpu sought a total amount of 124,294 (RMB843,954), including RMB768,000 for equipment cost and RMB75,954 for liquidated damages. Upon the request of Xi’an Anpu for property preservation, the Court of Dalian Economic and Technology Development Zone ordered to freeze CBAK Power’s bank deposits $0.1 million (RMB843,954) for a period to May 11, 2021. As of September 30, 2020, $97,727 (RMB629,620) was frozen by bank and we have accrued the equipment purchase cost of $113,108 (RMB768,000).

In June 2020, CBAK Power received notice from Court of Dalian Economic and Technology Development Zone that Shenzhen Gd Laser Technology Co., Ltd. (“Shenzhen Gd”) filed lawsuit against CBAK Power for the failure to pay pursuant to the terms of the purchase contract. Shenzhen Gd sought a total amount of $23,762 (RMB161,346), including equipment cost of $22,091 (RMB150,000) and interest amount of $1,671 (RMB11,346).

ITEM 1A. RISK FACTORS.

There are no material changes from the risk factors previously disclosed in Item 1A “Risk Factors” of our Annual Report on Form 10-K for the fiscal year ended December 31, ~~2019.~~2020.

ITEM 2. UNREGISTERED SALES OF EQUITY SECURITIES AND USE OF PROCEEDS.

Other than as previously disclosed in current reports on Form 8-K, there were no unregistered sales of equity securities or repurchase of common stock during the period covered by this report.

ITEM 3. DEFAULTS UPON SENIOR SECURITIES.

None.

ITEM 4. MINE SAFETY DISCLOSURES.

Not applicable.

ITEM 5. OTHER INFORMATION.

None.

ITEM 6. EXHIBITS.

The following exhibits are filed as part of this report or incorporated by reference:

Exhibit No.		Description

31.1		Certifications of Principal Executive Officer filed pursuant to Section 302 of the Sarbanes-Oxley Act of 2002.

31.2		Certifications of Principal Financial Officer filed pursuant to Section 302 of the Sarbanes-Oxley Act of 2002.

32.1		Certifications of Principal Executive Officer furnished pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002.

32.2		Certifications of Principal Financial Officer furnished pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002.

101.INS		XBRL Instance Document - the instance document does not appear in the Interactive Data File because its XBRL tags are embedded within the Inline XBRL document
101.SCH		Inline XBRL Taxonomy Extension Schema Document
101.CAL		Inline XBRL Taxonomy Extension Calculation Linkbase Document
101.DEF		Inline XBRL Taxonomy Extension Definition Linkbase Document
101.LAB		Inline XBRL Taxonomy Extension Label Linkbase Document
101.PRE		Inline XBRL Taxonomy Extension Presentation Linkbase Document
104		Cover Page Interactive Data File (the cover page XBRL tags are embedded within the iXBRL document).

~~SIGNATURES~~

SIGNATURES

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

Date: November ~~16, 2020~~15, 2021

	CBAK ENERGY TECHNOLOGY, INC.

	By:	/s/ Yunfei Li
		Yunfei Li
		Chief Executive Officer

	By:	/s/ Xiangyu Pei
		Xiangyu Pei
		Interim Chief Financial Officer

~~EXHIBIT INDEX~~

~~Exhibit No.~~		~~Description~~

~~31.1~~		~~Certifications of Principal Executive Officer filed pursuant to Section 302 of the Sarbanes-Oxley Act of 2002.~~

~~31.2~~		~~Certifications of Principal Financial Officer filed pursuant to Section 302 of the Sarbanes-Oxley Act of 2002.~~

~~32.1~~		~~Certifications of Principal Executive Officer furnished pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002.~~

~~32.2~~		~~Certifications of Principal Financial Officer furnished pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002.~~

~~101.INS~~		~~XBRL Instance Document~~
~~101.SCH~~		~~XBRL Taxonomy Extension Schema Document~~
~~101.CAL~~		~~XBRL Taxonomy Extension Calculation Linkbase Document~~
~~101.DEF~~		~~XBRL Taxonomy Extension Definition Linkbase Document~~
~~101.LAB~~		~~XBRL Taxonomy Extension Label Linkbase Document~~
~~101.PRE~~		~~XBRL Taxonomy Extension Presentation Linkbase Document~~

0001117171 srt:MinimumMember 2017-12-31 iso4217:USD xbrli:shares

	Nine months ended September 30,
	2019			2020
Cash flows from operating activities
Net loss	$	(6,928,575	)	$	(3,510,563	)
Adjustments to reconcile net loss to net cash (used in) provided by operating activities:
Depreciation and amortization		2,083,489			1,856,246
Provision for doubtful debts		443,020			63,534
Write-down of inventories		557,668			724,156
Share-based compensation		432,785			615,871
Loss on disposal of property, plant and equipment		236,360			21,035
Changes in operating assets and liabilities:
Trade accounts and bills receivable		4,008,929			(10,424,301	)
Inventories		(2,254,761	)		4,388,522
Prepayments and other receivables		1,735,548			587,158
Trade accounts and bills payable		(12,128,474	)		3,582,377
Accrued expenses and other payables		1,357,021			(317,352	)
Trade receivable from and payables to former subsidiaries		(3,449,078	)		4,454,118
Government grants		-			2,858,858
Net cash (used in) provided by operating activities		(13,906,068	)		4,899,659

Cash flows from investing activities
Purchases of property, plant and equipment and construction in progress		(1,998,476	)		(2,033,349	)
Net cash used in investing activities		(1,998,476	)		(2,033,349	)

Cash flows from financing activities
Capital injection from non-controlling interests		118,850			-
Repayment of bank borrowings		(3,545,966	)		(155,951	)
Proceeds from issue of promissory note		1,250,000			-
Borrowings from unrelated parties		6,397,925			3,459,218
Repayment of borrowings from unrelated parties		(145,739	)		(5,660,539	)
Borrowings from related parties		431,630			-
Repayment of borrowings from related parties		(535,967	)		-
Borrowings from shareholders		4,080,681			268,733
Repayment of borrowings from shareholders		-			(240,687	)
Repayment of earnest money to shareholders		(760,721	)		-
Net cash provided by (used in) financing activities		7,290,693			(2,329,226	)
Effect of exchange rate changes on cash and cash equivalents and restricted cash		(494,264	)		231,403
Net (decrease) increase in cash and cash equivalents and restricted cash		(9,108,115	)		768,487
Cash and cash equivalents and restricted cash at the beginning of period		17,689,493			7,133,948
Cash and cash equivalents and restricted cash at the end of period	$	8,581,378		$	7,902,435
Supplemental non-cash investing and financing activities:
Transfer of construction in progress to property, plant and equipment	$	777,324		$	8,224,147
Issuance of common stock (note 1):
– offset short-term borrowings (First Debt, Second Debt and Third Debt)	$	15,056,304		$	-
– offset construction cost payable (Fourth Debt)	$	3,317,021		$	-
- offset repayment of promissory note	$	-		$	1,415,000
- offset payable to Shenzhen BAK (Sixth Debt)	$	-		$	4,285,532

Cash paid during the period for:
Income taxes	$	-		$	-
Interest, net of amounts capitalized	$	1,087,390		$	783,159

	December 31,		September 30,
	2019		2020
Pledged deposits with bank for:
Bills payable	$	4,021,255	$	6,488,306
Others*		1,499,736		115,116
	$	5,520,991	$	6,603,422

	Prepaid land lease payments
Balance as of January 1, 2020	$	7,194,195
Amortization charge for the period		(120,457	)
Foreign exchange adjustment		179,648
Balance as of September 30, 2020	$	7,253,386

	December 31, 2019				September 30, 2020
Customer A	$	1,725,293	21.93	%	$	2,087,657	11.09	%
Customer B		1,713,628	21.78	%		*	*
Customer D		*	*			4,373,326	23.23	%
Customer E		902,309	11.47	%		*	*
Customer F		830,821	10.56	%		*	*
Zhengzhou BAK New Energy Technology Co., Ltd (note b)		*	*			2,103,771	11.17	%
Zhengzhou BAK Battery Co., Ltd (note a)		*	*			4,970,545	26.40	%

	Three months ended September 30,
	2019				2020
Supplier A	$	1,949,106	22.67	%	$	*	*
Supplier B		*	*			4,329,602	72.65	%
Zhengzhou BAK New Energy Vehicle Co., Ltd (note b)		3,838,213	44.64	%		*	*

	Nine months ended September 30,
	2019				2020
Supplier A	$	2,940,420	20.43	%	$	*	*
Supplier B		*	*			4,329,602	36.47	%
Shenzhen BAK (note c)		*	*			3,841,680	32.35	%
Zhengzhou BAK New Energy Vehicle Co., Ltd (note b)		3,838,213	26.67	%		*	*

	December 31, 2019				September 30, 2020
Supplier B		*	*			4,798,233	38.04	%
Supplier C	$	1,126,582	10.10	%	$	*	*

	Maximum amount available		Amount borrowed
Long-term credit facilities:
China Everbright Bank	$	25,464	$	20,722

Other lines of credit:
China Everbright Bank	$	9,994	$	9,994
China Merchants Bank		2,365		2,365
		12,359		12,359
Other short-term loam:
Jinlin Province Trust Co., Ltd	$	5,891		3,564

Total	$	43,714	$	36,645