SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM
REPORT OF FOREIGN PRIVATE ISSUER PURSUANT
TO RULE 13A-16
OR 15D-16 OF THE SECURITIES EXCHANGE ACT OF 1934
For the month of January, 2022
(Commission File No.
(Exact Name as Specified in its Charter)
N/A
(Translation of registrant's name into English)
Camacari, Bahia - CEP
(Address of principal executive offices)
Indicate by check mark whether the registrant
files or will file annual reports under cover Form 20-F or Form 40-F.
Form 20-F ___X___ Form 40-F ______
Indicate by check mark if the registrant is
submitting the Form 6-K
in paper as permitted by Regulation S-T Rule 101(b)(1). _____
Indicate by check mark if the registrant is
submitting the Form 6-K
in paper as permitted by Regulation S-T Rule 101(b)(7). _____
Indicate by check mark whether the
registrant by furnishing the information contained in this Form is also thereby furnishing the information to the Commission pursuant
to Rule 12g3-2(b) under the Securities Exchange Act of 1934.
Yes ______ No ___X___
If "Yes" is marked, indicate below the file number assigned to the registrant in connection with Rule 12g3-2(b): 82- _____.
Braskem S.A.
Unaudited condensed consolidated statement of financial position
As of 09/30/2021
All amounts in thousands of reais
Assets | Note | Sep/2021 | Dec/2020 | ||
Current assets | |||||
Cash and cash equivalents | 3 | |
| ||
Financial investments | 4 | ||||
Trade accounts receivable | 5 | ||||
Inventories | 6 | |
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Taxes recoverable | 8 | ||||
Income tax and social contribution | |||||
Dividends and interest on capital | 7 | |
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Prepaid expenses | |||||
Derivatives | 18.2 | |
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Other receivables | |||||
Current Assets | |
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Non-current assets | |||||
Financial investments | 4 | ||||
Trade accounts receivable | 5 | ||||
Inventories | 6 | ||||
Taxes recoverable | 8 | ||||
Income tax and social contribution | |||||
Deferred income tax and social contribution | 20(c) | ||||
Judicial deposits | |||||
Derivatives | 18.2 | |
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Other receivables | |||||
Investments | 9 | ||||
Property, plant and equipment | 10 | |
| ||
Intangible assets | 11 | ||||
Right of use of assets | 12(a) | ||||
Non-Current Assets | |
| |||
Total assets | |
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The notes are an integral part of the unaudited condensed consolidated interim financial information.
1 |
Braskem S.A.
Unaudited condensed consolidated statement of financial position
As of 09/30/2021
All amounts in thousands of reais
Liabilities and shareholders' equity | Note | Sep/2021 | Dec/2020 | ||
Current liabilities | |||||
Trade payables | 13 | |
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Borrowings | 14(a) | |
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Braskem Idesa borrowings | 15 | |
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Debenture | 16 | | |||
Derivatives | 18.2 | |
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Payroll and related charges | |
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Taxes payable | 19 | |
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Income tax and social contribution | |
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Dividends | | ||||
Advances from customers | |
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Leniency agreement | 23 | |
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Sundry provisions | 21 | |
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Other payables | |
||||
Provision - geological event in Alagoas | 24 | |
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Lease | 12(b) | |
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Current Liabilities | |
||||
Non-current liabilities | |||||
Trade payables | 13 | | |||
Borrowings | 14(a) | |
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Braskem Idesa borrowings | 15 | |
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Debenture | 16 | |
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Derivatives | 18.2 | |
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Taxes payable | 19 | | |||
Loan to non-controlling shareholders of Braskem Idesa | 7 | |
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Income tax and social contribution | |||||
Deferred income tax and social contribution | 20(c) | |
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Post-employment benefits | |
||||
Advances from customers | |
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Legal provisions | 22.1 | |
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Leniency agreement | 23 | |
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Sundry provisions | 21 | |
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Provision - geological event in Alagoas | 24 | |
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Other payables | |
||||
Lease | 12(b) | |
| ||
Non-Current Liabilities | |
||||
Shareholders' equity | |||||
Capital | 26 | |
| ||
Capital reserve | |||||
Additional paid in capital | ( |
( | |||
Other comprehensive income | 26 | ( |
( | ||
Treasury shares | ( |
( | |||
Retained earnings (accumulated losses) | |
( | |||
Total attributable to the Company's shareholders | |
( | |||
Non-controlling interest in subsidiaries | ( |
( | |||
Shareholders’ Equity | |
( | |||
Total liabilities and shareholders' equity | |
The notes are an integral part of the unaudited condensed consolidated interim financial information.
2 |
Braskem S.A.
Unaudited condensed consolidated statement of comprehensive income
With 9 month period ended September 30, 2021
All amounts in thousands of reais
9-months ended |
9-months ended | |||||
Note | Sep/2021 | Sep/2020 | ||||
Net revenue | 28 | |||||
Cost of products sold | 31 | ( |
( | |||
Gross profit | | |||||
Income (expenses) | ||||||
Selling and distribution | 31 | ( |
( | |||
Loss (reversals) for impairment of trade accounts receivable and others from clients | 31 | |
( | |||
General and administrative | 31 | ( |
( | |||
Research and development | 31 | ( |
( | |||
Results from equity-accounted investees | ( |
( | ||||
Other income | 29 | |
||||
Other expenses | 29 | ( |
( | |||
- | ||||||
Profit (loss) before net financial expenses and taxes | |
( | ||||
Financial results | 30 | |||||
Financial expenses | ( |
( | ||||
Financial income | |
|||||
Exchange rate variations, net | ( |
( | ||||
Finance income (cost) | ( |
( | ||||
Profit (loss) before income tax and social contribution | |
( | ||||
Current and deferred income tax and social contribution | 20(a) | ( |
| |||
Net profit (loss) for the period | |
( | ||||
Attributable to: | ||||||
Company's shareholders | |
( | ||||
Non-controlling interest in subsidiaries | |
( | ||||
Net profit (loss) for the period | |
( | ||||
Earnings (loss) per share - basic and diluted - R$ | 27 | |||||
Common | ( | |||||
Preferred shares class "A" | ( | |||||
Preferred shares class "B" | |
( |
The notes are an integral part of the unaudited condensed consolidated interim financial information.
3 |
Braskem S.A.
Unaudited condensed consolidated statement of comprehensive income
With 9 month period ended September 30, 2021
All amounts in thousands of reais
Note | 9-months ended Sep/2021 |
9-months ended Sep/2020 | ||||
Net profit (loss) for the period | |
( | ||||
Other comprehensive income: | ||||||
Items that will be reclassified subsequently to profit or loss | ||||||
Fair value of cash flow hedge | ( | |||||
Income tax and social contribution - cash flow hedge | ( |
|||||
Fair value of cash flow hedge from jointly-controlled investees, net of taxes | |
| ||||
Cash flow hedges,net of tax | ( | |||||
Exchange variation of foreign sales hedge | 18.3(a.i) | ( |
( | |||
Sales Hedge - transfer to profit or loss | 18.3(a.i) | |||||
Income tax and social contribution on exchange variation | - | ( |
||||
Exchange variation of foreign sales hedge - Braskem Idesa | 18.3(a.ii) | ( |
( | |||
Sales Hedge - transfer to profit or loss - Braskem Idesa | 18.3(a.ii) | |||||
Income tax on exchange variation - Braskem Idesa | ( |
|||||
Sales hedges, net of tax | ( | |||||
Foreign subsidiaries currency translation adjustment | ||||||
Total | ( | |||||
Items that will not be reclassified to profit or loss | ||||||
Remeasurements of defined benefit liability, net of taxes | |
|||||
Long term incentive plan, net of taxes | ( |
| ||||
Total | ( |
| ||||
Total comprehensive income for the period | |
( | ||||
Attributable to: | ||||||
Company's shareholders | |
( | ||||
Non-controlling interest in subsidiaries | ( | |||||
Total comprehensive income for the period | |
( |
The notes are an integral part of the unaudited condensed consolidated interim financial information.
4 |
Braskem S.A.
Unaudited condensed consolidated statement of changes in equity
All amounts in thousands of reais
Revenue reserves | Total | ||||||||||||||||||||||||
Additional | Other | Retained earnings | Braskem | Non-controlling | Total | ||||||||||||||||||||
Capital | Legal | Tax | Retention | paid in | comprehensive | Treasury | / (accumulated | shareholders' | interest in | shareholders' | |||||||||||||||
Note | Capital | reserve | reserve | incentive | of profits | capital | income | shares | losses) | interest | subsidiaries | equity | |||||||||||||
At January 1, 2020 | |
|
( |
( |
( |
|
( |
| |||||||||||||||||
Comprehensive income for the period: | |||||||||||||||||||||||||
Loss for the 9-month ended September 30, 2020 | ( |
( |
( |
( | |||||||||||||||||||||
Exchange variation of foreign sales hedge, net of taxes | ( |
( |
( |
( | |||||||||||||||||||||
Fair value of cash flow hedge, net of taxes | ( |
( |
( |
( | |||||||||||||||||||||
Long term incentive plan | |
|
( |
| |||||||||||||||||||||
Foreign subsidiaries currency translation adjustment | |
( |
| ||||||||||||||||||||||
( |
( |
( |
( |
( | |||||||||||||||||||||
Equity valuation adjustments: | |||||||||||||||||||||||||
Realization of additional property, plant and equipment price-level restatement, net of taxes | ( |
|
|||||||||||||||||||||||
Realization of deemed cost of jointly-controlled investment, net of taxes | ( |
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|||||||||||||||||||||||
Fair value adjustments of trade accounts receivable, net of taxes | |
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Exchange variation in hyperinflationary economy, net of taxes | |
|
| ||||||||||||||||||||||
( |
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|
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At September 30, 2020 | |
|
( |
( |
( |
( |
( |
( |
( | ||||||||||||||||
At January 1, 2021 | ( |
( |
( |
( |
( |
( |
( | ||||||||||||||||||
Comprehensive income for the period: | |||||||||||||||||||||||||
Net profit for the 9-month ended September 30, 2021 | |
||||||||||||||||||||||||
Exchange variation of foreign sales hedge, net of taxes | |
| |||||||||||||||||||||||
Fair value of cash flow hedge, net of taxes | |
| |||||||||||||||||||||||
Long term incentive plan | ( |
( |
( |
( | |||||||||||||||||||||
Foreign currency translation adjustment | |
( |
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|
|||||||||||||||||||||||||
Equity valuation adjustments: | |||||||||||||||||||||||||
Realization of additional property, plant and equipment price-level restatement, net of taxes | ( |
|
|||||||||||||||||||||||
Realization of deemed cost of jointly-controlled investment, net of taxes | ( |
|
|||||||||||||||||||||||
Actuarial loss with post-employment benefits, net of taxes | |
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Fair value adjustments of trade accounts receivable, net of taxes | |
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Exchange variation in hyperinflationary economy, net of taxes | — | |
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Contributions to shareholders: | |||||||||||||||||||||||||
Incentive long term plan payments with treasury shares | 25 | |
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Prescribed dividend | |
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|
|
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At September 30, 2021 | |
( |
( |
( |
|
( |
The notes are an integral part of the unaudited condensed consolidated interim financial information.
5 |
Braskem S.A.
Unaudited condensed consolidated statement of cash flows
As of 09/30/2021
All amounts in thousands of reais
Note | 9-months ended Sep/2021 |
9-months ended Sep/2020 | |||
Profit (loss) before income tax and social contribution | |
( | |||
Adjustments for: | |||||
Depreciation and amortization | |
| |||
Results from equity-accounted investees | | ||||
Net interest, monetary and foreign exchange gain/losses | |
| |||
Provisions (reversal and recovery of credits), net | |
||||
Provision - geological event in Alagoas | 29 | | |||
PIS and COFINS credits - exclusion of ICMS from the calculation basis | 29 | ( |
( | ||
Loss for impairment of trade accounts receivable and others from clients | ( |
| |||
Reversal of provision for losses | ( |
( | |||
Adjustments for reconciliation of profit | |
| |||
Changes in operating assets and liabilities | |||||
Judicial deposits - other financial assets | 24 | | |||
Financial investments | |
( | |||
Trade accounts receivable | ( |
( | |||
Inventories | ( |
| |||
Taxes recoverable | |
| |||
Prepaid expenses | |
| |||
Other receivables | ( |
( | |||
Trade payables | ( |
( | |||
Taxes payable | |
( | |||
Advances from customers | |
| |||
Leniency agreement | 23 | ( |
( | ||
Sundry provisions | ( |
( | |||
Other payables | ( |
( | |||
Cash generated from operations | |
| |||
Interest paid | ( |
( | |||
Income tax and social contribution paid | ( |
( | |||
Net cash generated from operating activities | |
| |||
Proceeds from the sale of property, plant and equipment and intangible assets | |
| |||
Dividends received | |||||
Acquisitions to property, plant and equipment and intangible assets | ( |
( | |||
Net cash used in investing activities | ( |
( | |||
Short-term and Long-term debt | |||||
Issuance | |
| |||
Payments | ( |
( | |||
Braskem Idesa borrowings | |||||
Payments | ( |
( | |||
Lease payments | 12 | ( |
( | ||
Dividends paid | ( |
( | |||
Other financial liabilities | ( | ||||
Net cash (used) generated in financing activities | ( |
| |||
Exchange variation on cash of foreign subsidiaries | |
| |||
(Decrease) increase in cash and cash equivalents | ( |
| |||
Represented by | |||||
Cash and cash equivalents at the beginning of the period | |
| |||
Cash and cash equivalents at the end of the period | |
| |||
(Decrease) increase in cash and cash equivalents | ( |
|
The notes are an integral part of the unaudited condensed consolidated interim financial information.
6 |
Summary of Notes
1 Operations |
8 |
2 Accounting policies |
9 |
3 Cash and cash equivalents |
14 |
4 Financial investments |
14 |
5 Trade accounts receivable |
15 |
6 Inventories |
16 |
7 Related parties |
17 |
8 Taxes recoverable |
19 |
9 Investments |
20 |
10 Property, plant and equipment |
24 |
11 Intangible assets |
24 |
12 Right-of-use assets and lease liability |
25 |
13 Trade account payables |
26 |
14 Borrowings |
27 |
15 Braskem Idesa Financing |
29 |
16 Debentures |
30 |
17 Reconciliation of borrowing activities in the statement of cash flow |
31 |
18 Financial instruments |
32 |
19 Taxes payable |
42 |
20 Income tax (“IR”) and social contribution (“CSL”) |
43 |
21 Sundry provisions |
46 |
22 Provisions for legal proceedings |
47 |
23 Leniency agreement with authorities |
49 |
24 Geological event - Alagoas |
50 |
25 Long-term incentive (“LTI”) plan |
56 |
26 Equity |
57 |
27 Earnings per share |
60 |
28 Net revenues |
61 |
29 Other income (expenses), net |
62 |
30 Financial results |
62 |
31 Expenses by nature and function |
63 |
32 Segment information |
63 |
33 Contractual obligations |
64 |
34 Subsequent events |
64 |
7 |
Braskem S.A.
Notes to the unaudited condensed consolidated interim financial statements at September 30, 2021 All amounts in thousands, except as otherwise stated
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1 Operations
Braskem S.A. is a public corporation headquartered in Camaçari/Bahia,
which, jointly with its subsidiaries (hereinafter “Braskem” or “Company”), is controlled by Novonor S.A. (“Novonor”),
which directly and indirectly holds interests of
The Braskem’s shares are traded on B3 S.A. Brasil, Bolsa, Balcão (“B3”), under the tickers BRKM3, BRKM5 and BRKM6, and on the New York Stock Exchange (“NYSE”) under the ticker BAK.
Braskem is engaged in the manufacture, sale, import and export of chemicals, petrochemicals and fuels, the production, supply and sale of utilities such as steam, water, compressed air and industrial gases, as well as the provision of industrial services and the production, supply and sale of electric energy for its own use and use by other companies. Braskem also invests in other companies, either as equity method investees or associates.
The Company has industrial plants in Brazil, the United States, Germany and Mexico. The units produce thermoplastic resins, such as polyethylene (“PE”), polypropylene (“PP”), polyvinyl chloride (“PVC”) and other basic petrochemicals.
Operations of Braskem Idesa
On December 2, 2020, the subsidiary Braskem Idesa (“BI”) was notified by the National Natural Gas Control Center ("Cenagas"), the Mexican government agency responsible for the natural gas pipeline and transportation system in the region, regarding the unilateral suspension of natural gas transportation, an energy input essential to produce polyethylene at the Petrochemical Complex in Mexico. As a result, and respecting the safety protocols, Braskem Idesa immediately suspended its operational activities.
On January 7, 2021, Braskem Idesa partially resumed operations of polyethylene production based on an experimental business model, that follows all safety protocols, in order to attend the demand from Mexico’s plastics industry. In addition, Braskem Idesa has taken legal measures as established in the Ethane Supply Agreement entered into between BI and PEMEX. Braskem Netherlands B.V., the direct parent company of BI, also has taken legal actions based on the applicable international rules to protect the rights and to ensure the performance of all legal obligations and also seeking to protect its investment in Mexico. Such measures provide for a remediation and negotiation period in which the parties seek a solution.
The subsidiary Braskem Idesa (“BI”) signed the following documents to enable the continuity of its operations:
(i) On February 26, 2021, memorandum of understanding with terms and conditions for discussing potential amendments to the ethane supply agreement with PEMEX Transformación Industrial and PEMEX Exploración y Producción ("PEMEX"), as well as for building an ethane import terminal, subject to negotiation, final documentation, approval of creditors and shareholders of BI, and with rights reserved; and
(ii) On February 26, 2021, natural gas transportation service agreement with Centro Nacional de Control del Gas Natural ("CENAGAS"), with term of , subject to the execution of the final documentation mentioned in item (i) above.
On September 27, 2021, Braskem Idesa signed the following documents:
(i) Amendment to the ethane supply agreement (“Amendment”) with PEMEX Transformación Industrial and PEMEX Exploración y Producción ("PEMEX"), with settlement of any pending contractual amounts; and
8 |
Braskem S.A.
Notes to the unaudited condensed consolidated interim financial statements at September 30, 2021 All amounts in thousands, except as otherwise stated
|
(ii) Agreement with Petróleos Mexicanos, PEMEX Logística and other government entities, establishing administrative support measures, especially with the obtainment of licences, permits and rights of way for the project to build an ethane import terminal with the capacity to meet all of BI's feedstock requirements ("Terminal Agreement”).
The Amendment changes the minimum contractual volume commitment
to
Note that the terminal project is designed to supplement ethane supply in Mexico by gaining access to new feedstock sources. Moreover, the investment in the terminal is subject to final approvals by the competent governance bodies of BI and by its shareholders.
To render them effective, the Amendment and the Terminal Agreement are conditioned upon the applicable corporate approvals, including final approval by the shareholders and creditors of BI ("Conditions Precedent"). The Amendment produces effects retroactive to February 26, 2021, the execution date of the memorandum of understanding. The approvals required for the Amendment and Terminal Agreement to come into force were obtained in October 2021.
2 Accounting policies
Accounting practices from the prior year were applied consistently in the preparation of this consolidated interim financial information, except for the disclosures included in the Note 2.3.1. New standards and pronouncements adopted in the current fiscal year.
2.1 Basis of preparation of the consolidated interim financial information
In preparing this consolidated interim financial information, Management has made judgements and estimates that affect the application of accounting policies.
The judgments and assumptions made by management in the use of estimates for preparing this consolidated interim financial information did not differ significantly from those described in the financial statements as of December 31, 2020, which were issued on May 13, 2021.
All relevant information pertaining exclusively to this consolidated interim financial information is presented herein and corresponds to the information used by the Management of the Company.
9 |
Braskem S.A.
Notes to the unaudited condensed consolidated interim financial statements at September 30, 2021 All amounts in thousands, except as otherwise stated
|
The issue of this consolidated interim financial information was authorized by the Executive Board on January 14, 2022.
2.1.1 Consolidated interim financial information
The consolidated interim financial information refers to the nine-month period ended as of September 30, 2021, that have been prepared in accordance with IAS 34 Interim Financial Reporting, as issued by the International Accounting Standards Board (IASB), should be read jointly with the financial statements of the Company for the year ended December 31, 2020.
The consolidated interim financial information comprises the financial statements of the Braskem S.A. and the following entities:
Total and voting interest - % | |||||||||
Headquarters | Sep/2021 | Dec/2020 | |||||||
Direct and Indirect subsidiaries | |||||||||
Braskem Energy Ltda ("Braskem Energy") | (i) | ||||||||
|
| ||||||||
|
| ||||||||
Braskem Netherlands Green B.V. (“Braskem Holanda Green”) | (ii) | - | |||||||
100.00 | |||||||||
|
| ||||||||
|
| ||||||||
Specific Purpose Entity ("SPE") | |||||||||
Crédito Privado Longo Prazo ("FIM Júpiter") |
|||||||||
Crédito Privado Longo Prazo ("FIM Netuno") |
(i) |
(ii) |
10 |
Braskem S.A.
Notes to the unaudited condensed consolidated interim financial statements at September 30, 2021 All amounts in thousands, except as otherwise stated
|
2.2 Functional and foreign currency
The functional currency of the Company is the Real (R$). The presentation currency is also Real (R$).
All amounts have been rounded to the nearest thousand, unless otherwise indicated.
The subsidiaries with a functional currency different from Real are listed below:
Functional currency | |||
Subsidiaries | |||
Braskem Alemanha | |||
BM Insurance, Braskem America, Braskem America Finance, Braskem Holanda, Braskem Holanda Finance, Braskem Holanda Inc. and Braskem México Sofom |
|||
Braskem Idesa, Braskem Idesa Serviços, Braskem México and Braskem México Serviços | |||
Braskem Argentina | |||
Braskem Chile | |||
Braskem India |
The effects from exchange variation on the Company’s transactions are mainly due to the variations in the following currencies:
End of period rate | Average rate | ||||||||||
Sep/2021 | Dec/2020 | Variation | Sep/2021 | Sep/2020 | Variation | ||||||
U.S. dollar - Brazilizan real | |||||||||||
Euro - Brazilizan real | - |
||||||||||
Mexican peso - Brazilizan real | |||||||||||
U.S. dollar - Mexican peso | - | ||||||||||
U.S. dollar - Euro | - |
2.3 New standards and pronouncements
2.3.1 New standards and pronouncements adopted in the current fiscal year
- Leases affected by Covid-19 (amendment IFRS 16). This amendment did not have a significant impact on this interim financial information.
- Interest Rate Benchmark Reform: Phase 2 (amendments to IFRS 9, IAS 39, IFRS 7, IFRS 4 and IFRS 16).
The changes address issues that might affect financial reporting after the reform of an interbank offered rate (“IBORs”), including the effects of changes to contractual cash flows or hedging relationships arising from the replacement of an interest rate benchmark with an alternative benchmark rate. The amendments provide a practical expedient for certain requirements under IFRS 9, IAS 39, IFRS 7, IFRS 4 and IFRS 16 relating to:
- Changes in the basis for determining contractual cash flows of financial assets, financial liabilities and lease liabilities; and
- Hedge accounting.
(i) Change in the basis for determining contractual cash flows
The changes require adjustments to the determination of cash flows from financial assets and financial liabilities affected by the interest rate benchmark reform.
11 |
Braskem S.A.
Notes to the unaudited condensed consolidated interim financial statements at September 30, 2021 All amounts in thousands, except as otherwise stated
|
On September 30, 2021, the Company has bank loans whose interest rates are based on LIBOR, as disclosed in Notes 14 and 15, and consequently will be subject to IBOR reform. The Company expects that the benchmark interest rate of these loans will be changed to the Security Overnight Financing Rate (SOFR) by 2023.
(ii) Hedge accounting
The changes provide an exception from the requirements of hedge accounting in the following areas:
- Permit the change in the designation of a hedging relationship to reflect the changes required by the reform.
- When a hedged item in a cash flow hedge is amended to reflect the changes required by the reform, the amount accumulated in the cash flow hedge reserve is deemed to be based on the alternative benchmark interest rate applied to the hedged item.
At September 30, 2021, the Company had cash flow hedges based on LIBOR. As mentioned in Note 34(a), the Company settled the Project Finance agreement. As a result, all cash flows designated and not yet realized will be discontinued.
(iii) Disclosures
The amendments require the Company to disclose additional information on the entity’s exposure to risks arising from the interest rate benchmark reform and the related risk management activities.
(iv) Transition
This amendment did not impact this interim financial information. The Company is monitoring and evaluating the application of changes as the new rate begins to have effects over the Company's transactions.
2.3.2 New standards and pronouncements not yet in force
The main standards issued by the IASB that have not yet come into force and have not been adopted by the Company. The following new or amended standards are not expected to have a significant impact on financial statements:
- Onerous Contracts: costs of fulfilling a contract (amendments to IAS 37).
- Annual Improvements to IFRS Standards 2018-2020.
- Property, Plant and Equipment: proceeds before intended use (amendments to IAS 16).
- Reference to the Conceptual Framework (amendments to IFRS 3).
- Classification of Liabilities as Current or Non-Current (amendments to IAS 1).
- Definition of accounting estimates (amendment to IAS 8).
- Definition of material (amendments to IAS 1).
- Deferred taxes related to assets and liabilities arising from a single transaction (amendments to IAS 12).
12 |
Braskem S.A.
Notes to the unaudited condensed consolidated interim financial statements at September 30, 2021 All amounts in thousands, except as otherwise stated
|
2.4 Main measures and impacts due to COVID-19
Braskem has been monitoring the impacts from the COVID-19 pandemic on its business and surrounding communities. In 2020, Braskem has formed a crisis committee to establish global procedures focusing mainly on the health and safety of people and the continuity of its operations. The main actions taken by the Company are:
(i) Determining that all team members and contractors from the Company vulnerable to COVID-19 work remotely;
(ii) Determining that all team members and contractors not directly related to the safe continuity of operations work remotely until the criteria for the start of flexible measures for a safe return are met;
(iii) Reducing the number of team members and contractors working on its industrial assets, with operations using the smallest possible teams, while considering all rules for ensuring personal safety and maintaining operational reliability;
(iv) Restricting visits by non-routine third parties and suppliers to Braskem’s facilities;
(v) Creating agendas jointly with clients and local communities to verify if there are products in its portfolio to help combat the pandemic;
(vi) Creating, implementing and monitoring the indicators of the Plan for Safe Return to Braskem plants and offices.
During 2020, the Company adopted cash-preservation actions to preserve the financial stability and resilience of its business, which include:
·
Drawing down a revolving credit facility in the amount of US$1 billion
(R$
·
Issue of bonds in the international market by the subsidiary Braskem
Holanda, in July 2020, in the amount of US$ (R$
·
Reduction of investments planned for 2020 from US$721 million (R$
· Postponing the payment of social contribution charges in Brazil; and
· Optimizing working capital.
The Company also highlights the actions carried out jointly with its clients and partner companies to transform chemicals and plastic resins into items that are essential for combatting COVID-19, which include surgical masks, packaging for liquid and gel alcohol, bleach and 3D printing of bands for protective face shields; donations of LPG (cooking gas) to field hospitals; actions to support the chain of clients and suppliers, particularly small and midsized companies; and donations of hygiene kits and food staples to local communities.
Due to the uncertainties arising from the COVID-19 pandemic with regard to the global economy, it is impossible to accurately predict the adverse impacts on the equity and financial position of the Company and its subsidiaries after the reporting date.
13 |
Braskem S.A.
Notes to the unaudited condensed consolidated interim financial statements at September 30, 2021 All amounts in thousands, except as otherwise stated
|
3 Cash and cash equivalents
Sep/2021 | Dec/2020 | ||||||
Cash | |||||||
Domestic market | |
| |||||
Foreign market | (i) | |
| ||||
Cash equivalents: | |||||||
Domestic market | |
| |||||
Foreign market | (i) | |
| ||||
Total | |
|
(i) |
4 Financial investments
Sep/2021 | Dec/2020 | |||||
Amortized cost | ||||||
Time deposit investments | |
| ||||
Fair value through profit or loss | ||||||
LFT´s and LF´s | (i) | |
| |||
Restricted funds investments | (ii) | |
| |||
Other | |
| ||||
Total | 2,952,490 | 3,642,791 | ||||
Current assets | |
| ||||
Non-current assets | |
| ||||
Total | |
|
(i) |
(ii) |
14 |
Braskem S.A.
Notes to the unaudited condensed consolidated interim financial statements at September 30, 2021 All amounts in thousands, except as otherwise stated
|
5 Trade accounts receivable
The Company’s average receivables term is generally 30 days; therefore, the amount of the trade accounts receivable approximates their fair value. The Company realizes part of its trade accounts receivable through the sale of trade notes to funds and financial institutions that acquire receivables. These operations are not entitled to recourse and the risks and benefits over the receivables are substantially transferred, for which reason the trade notes are derecognized.
At September 30, 2021, the total amount of the trade accounts receivables negotiated was R$3.7 billion (R$1.8 billion on December 31, 2020), with interest expense of R$31.6 million, recorded under Financial Expenses.
Note | Sep/2021 | Dec/2020 | ||||||
Customers | ||||||||
Domestic market | ||||||||
Third parties | |
| ||||||
Related parties | 7 | |
| |||||
|
| |||||||
Foreign market | ||||||||
Third parties | |
| ||||||
Related parties | 7 | |||||||
|
| |||||||
Allowance for doubtful accounts | (i) | ( |
( | |||||
Total | 7,948,342 | 4,755,208 | ||||||
Current assets | |
| ||||||
Non-current assets | |
| ||||||
Total | |
|
(i) |
Schedule of expected credit loss
Estimated loss percentage |
Trade accounts receivable | Allowance for doubtful accounts | ||||||
Stage 1 (Performing) |
Operation risk 1 | |||||||
Operation risk 2 | ||||||||
Operation risk 3 | |
| ||||||
Operation risk 4 | | |||||||
| ||||||||
Stage 2 (Significant Increase in Loss Risk) |
1st Renegotiation less than or equal to 24 months | |
| |||||
Between 90 and 180 days | |
| ||||||
|
| |||||||
Stage 3 (No payment performance - Indicative of impairment) |
||||||||
Operation risk 5 | ||||||||
Above 180 days | |
| ||||||
Legal | |
|||||||
|
||||||||
Total |
15 |
Braskem S.A.
Notes to the unaudited condensed consolidated interim financial statements at September 30, 2021 All amounts in thousands, except as otherwise stated
|
6 Inventories
Sep/2021 | Dec/2020 | ||||||
Finished goods | |
| |||||
Semi-finished goods | |
||||||
Raw materials, production inputs and packaging | |
| |||||
Maintenance materials | |
||||||
Advances to suppliers | |
| |||||
Imports in transit | |
| |||||
Total | | ||||||
Current assets | | ||||||
Non-current assets | |
| |||||
Total | |
16 |
Braskem S.A.
Notes to the unaudited condensed consolidated interim financial statements at September 30, 2021 All amounts in thousands, except as otherwise stated
|
7 Related parties
Balances at September 30, 2021 | Balances at December 31, 2020 | |||||||||||||||||
Associates companies, Jointly-controlled investment and Related companies | Associates companies, Jointly-controlled investment and Related companies | |||||||||||||||||
Novonor and | Novonor and | |||||||||||||||||
subsidiaries | Petrobras and | subsidiaries | Petrobras and | |||||||||||||||
Balance sheet | and associates | subsidiaries | Other | Total | and associates | subsidiaries | Other | Total | ||||||||||
Assets | ||||||||||||||||||
Current | ||||||||||||||||||
Trade accounts receivable | |
|
|
|||||||||||||||
Inventories | |
|
||||||||||||||||
Dividends and interest on capital | |
|
|
| ||||||||||||||
Total assets | |
|
|
|||||||||||||||
Liabilities | ||||||||||||||||||
Current | ||||||||||||||||||
Trade payables | |
|
|
|
|
|||||||||||||
Other payables | |
|
|
|
| |||||||||||||
Non-current | ||||||||||||||||||
Loan to non-controlling shareholders of Braskem Idesa | |
|
||||||||||||||||
Total liabilities | |
|
|
|
||||||||||||||
Nine-month period ended September 30, 2021 | Nine-month period ended September 30, 2020 | |||||||||||||||||
Associates companies, Jointly-controlled investment and Related companies | Associates companies, Jointly-controlled investment and Related companies | |||||||||||||||||
Novonor and | Novonor and | |||||||||||||||||
subsidiaries | Petrobras and | subsidiaries | Petrobras and | |||||||||||||||
and associates | subsidiaries | Other | Total | and associates | subsidiaries | Other | Total | |||||||||||
Transactions | ||||||||||||||||||
Sales of products | |
|
|
|||||||||||||||
Purchases of raw materials, finished goods | ||||||||||||||||||
services and utilities | ( |
( |
( |
( |
( |
( |
( |
( | ||||||||||
Financial income (expenses), net | ( |
( |
( |
( |
( |
( |
( |
( | ||||||||||
Other income (expenses) | ||||||||||||||||||
General and administrative expenses | ||||||||||||||||||
Post-employment benefits plan ("EPE") | ||||||||||||||||||
Private pension ("Vexty") | ( |
( |
( |
( |
17 |
Braskem S.A.
Notes to the unaudited condensed consolidated interim financial statements at September 30, 2021 All amounts in thousands, except as otherwise stated
|
(a) New and/or renewed agreements with related parties
In the period ended September 30, 2021, the main transactions with related parties are as follows:
(i) In December
2020, the Company entered into a purchase agreement with Petrobras for up to
(ii) In January 2021, the Company entered
into an agreement with Transpetro involving the provision of services to Braskem, namely tanker vessel unloading in the Madre de Deus
Waterway Terminal (“TEMADRE”), tank storage, product transportation via the pipeline “ORMADRE” that connects TEMADRE
to the Landulfo Alves de Mararipe Refinery (“RLAM”), and the transportation of naphtha via pipeline from TEMADRE to the facilities
of the carrier located in the municipality of Camaçari/BA. The duration of the agreement is from February 1, 2021 to December 31,
2025, and the total estimated amount of the agreement is R$203,314. In the 9-month period, the transactions amounted to R$
(iii) In March 2021, the Company executed
an amendment to extend the agreement with Petrocoque to acquire steam by Polyethylene units. This amendment, summed to the total amount
of the original agreement endorsed in September 2009, amounts to R$ million and is valid until March 2024. In the period, these acquisitions
totaled R$
(iv) In March 2021, the Company agreed
with Companhia de Gás do Estado do Rio Grande do Sul (“Sulgás”) to acquire 200,000 m³/day of natural gas,
via local gas distribution pipeline. This agreement is effective from January 22, 2021 to December 31, 2021. The maximum amount of the
agreement is R$130,928. In the period, the transactions amounted to R$
(b) Key management personnel compensation
Schedule of key management personnel
Statement of profit or loss transactions | Sep/2021 | Sep/2020 | ||
Remuneration | ||||
Short-term benefits | |
| ||
Post-employment benefit | |
| ||
Long term incentive plan | |
| ||
Total | |
|
18 |
Braskem S.A.
Notes to the unaudited condensed consolidated interim financial statements at September 30, 2021 All amounts in thousands, except as otherwise stated
|
8 Taxes recoverable
Sep/2021 | Dec/2020 | |||||
Parent Company and subsidiaries in Brazil | ||||||
IPI | |
| ||||
Value-added tax on sales and services (ICMS) | |
| ||||
ICMS - credits from PP&E | |
| ||||
Social integration program (PIS) and social contribution on revenue (COFINS) | |
| ||||
PIS and COFINS - credits from PP&E | |
| ||||
REINTEGRA program | |
| ||||
Federal tax credits | (a) | |
| |||
Other | |
| ||||
Foreign subsidiaries | ||||||
Value-added tax ("IVA") | |
| ||||
Other | |
| ||||
Total | |
| ||||
Current assets | |
| ||||
Non-current assets | |
| ||||
Total | 2,416,762 | 2,265,402 |
(a) Federal tax credits
The main tax credit refers to the exclusion of ICMS from
the PIS/COFINS calculation basis. The Company and its merged companies filed various lawsuits claiming recognition of the right to exclude
ICMS from the calculation basis for PIS and COFINS and the consequent tax refund. The oldest period of the lawsuit dates back to 1991.
The Company, assisted by specialized third-party consulting firm, proceeded with the measurement of these tax credits, basically considering
the amount of ICMS presented on the sales invoices and other tax information on the ancillary obligations to ensure the consistency of
the calculations, grounded in the legal opinion. During the nine-month period ended September 30, 2021, the final and unappealable decisions
of proceedings originally filed by merged companies were issued. During 2021, the total of R$
Of the total tax credit recorded by the Company related to
this topic, since 2019, R$4,161,692 already has been offset. On September 30, 2021, the balance is R$
19 |
Braskem S.A.
Notes to the unaudited condensed consolidated interim financial statements at September 30, 2021 All amounts in thousands, except as otherwise stated
|
9 Investments
(a) Information on investments
Interest in total and | Net profit (loss) | |||||||||||||
voting capital (%) | for the period | Equity | ||||||||||||
Direct and indirect | Sep/2021 | Sep/2020 | Sep/2021 | Dec/2020 | ||||||||||
Jointly-controlled investment | ||||||||||||||
RPR | |
( |
( |
|
| |||||||||
Associate | ||||||||||||||
Borealis | |
|
|
(b) Impact on the consolidation of Braskem Idesa
In light of the allegations of undue payments related to the Ethylene XXI project, which were originally published in the media in Mexico and were included in the testimony by the former CEO of PEMEX to the Office of the Attorney General of Mexico (“Allegations”), Braskem S.A., together with Braskem Idesa, in compliance with the standards established by Braskem's Global Compliance System Policy and Braskem Idesa's governance guidelines, approved the hiring of an U.S. law firm with proven experience in similar cases to conduct an independent internal investigation of the Allegations (“Investigation”).
The investigation is ongoing. At the moment, the Company cannot estimate the conclusion date of the investigation, nor the outcome or impacts, if any, on the interim financial information, including disclosures. If the Investigation identifies evidence to support any of the allegations, such findings could affect the Company's business, financial condition, internal controls over financial reporting and operating results, as well as the liquidity.
The Company is presenting the financial information of the subsidiary in which the non-controlling shareholder holds interest, and the material effects on the Company’s consolidated information:
20 |
Braskem S.A.
Notes to the unaudited condensed consolidated interim financial statements at September 30, 2021 All amounts in thousands, except as otherwise stated
|
Balance sheet | Consolidated Braskem | |||||||||||||||
without
the effect of Braskem Idesa consolidated |
Braskem Idesa consolidated (i) | Eliminations | Consolidated | |||||||||||||
Sep/2021 | Dec/2020 | Sep/2021 | Dec/2020 | Sep/2021 | Dec/2020 | Sep/2021 | Dec/2020 | |||||||||
Assets | ||||||||||||||||
Curent | ||||||||||||||||
Cash and cash equivalents | |
|
|
|
|
| ||||||||||
Financial investments | |
| ||||||||||||||
Trade accounts receivable | |
|
( |
( |
|
| ||||||||||
Inventories | |
|
|
|
| |||||||||||
Taxes recoverable | ( |
|
|
| ||||||||||||
Income tax and social contribution | |
| ||||||||||||||
Derivatives | |
|
||||||||||||||
Other receivables | |
|
| |||||||||||||
Current assets | |
|
|
|
( |
( |
|
| ||||||||
Non-current | ||||||||||||||||
Financial investments | |
|
||||||||||||||
Taxes recoverable | |
|
|
| ||||||||||||
Income tax and social contribution | |
|
||||||||||||||
Deferred tax | |
|
|
| ||||||||||||
Related parties | (ii) | ( |
( |
|||||||||||||
Derivatives | |
|
||||||||||||||
Judicial deposits | |
| ||||||||||||||
Other receivables | |
|
| |||||||||||||
Investments | |
|
||||||||||||||
Property, plant and equipment | |
|
|
|
(iii) | ( |
( |
|
| |||||||
Intangible | |
|
|
| ||||||||||||
Right of use of assets | |
|
|
| ||||||||||||
Non-current assets | |
|
|
|
( |
( |
|
| ||||||||
Total assets | |
|
|
|
( |
( |
|
| ||||||||
Liabilities and shareholders' equity | ||||||||||||||||
Current | ||||||||||||||||
Trade payables | |
|
|
( |
( |
|
| |||||||||
Borrowings | |
| ||||||||||||||
Debentures | |
|
||||||||||||||
Braskem Idesa Borrowings | |
|
|
| ||||||||||||
Payroll and related charges | |
|
| |||||||||||||
Taxes payable | |
|
| |||||||||||||
Income tax and social contribution | |
| ||||||||||||||
Lease | |
|
| |||||||||||||
Provision - geological event in Alagoas | |
| ||||||||||||||
Other payables | |
|
|
| ||||||||||||
Current liabilities | |
|
|
|
( |
( |
|
| ||||||||
Non-current | ||||||||||||||||
Borrowings | |
|
|
| ||||||||||||
Braskem Idesa borrowings | |
|
|
| ||||||||||||
Debentures | |
| ||||||||||||||
Accounts payable to related parties | |
|
(ii) | ( |
( |
|||||||||||
Loan to non-controlling shareholders of Braskem Idesa | (v) | |
|
|
| |||||||||||
Income tax and social contribution | | |||||||||||||||
Deferred income tax and social contribution | |
| ||||||||||||||
Provision for losses on subsidiaries | (iv) | ( |
( |
|||||||||||||
Lease | |
|
|
| ||||||||||||
Provision - geological event in Alagoas | |
| ||||||||||||||
Other payables | |
|
| |||||||||||||
Non-current liabilities | |
|
|
|
( |
( |
|
| ||||||||
Shareholders' equity | ||||||||||||||||
Attributable to the Company's shareholders | |
( |
( |
( |
|
( | ||||||||||
Non-controlling interest in subsidiaries | |
( |
( |
( |
( | |||||||||||
Shareholders' equity | |
( |
( |
( |
|
( | ||||||||||
Total liabilities and shareholders' equity | |
|
|
|
( |
( |
|
|
(i) |
(ii) |
(iii) |
(iv) |
(v) |
21 |
Braskem S.A.
Notes to the unaudited condensed consolidated interim financial statements at September 30, 2021 All amounts in thousands, except as otherwise stated
|
Statement of profit or loss | Consolidated Braskem | ||||||||||||||||
without the effect of | |||||||||||||||||
Braskem Idesa consolidated | Braskem Idesa consolidated | Eliminations | Consolidated | ||||||||||||||
Sep/2021 | Sep/2020 | Sep/2021 | Sep/2020 | Sep/2021 | Sep/2020 | Sep/2021 | Sep/2020 | ||||||||||
Net revenue | |
|
|
|
( |
( |
|
| |||||||||
Cost of products sold | ( |
( |
( |
( |
|
|
( |
( | |||||||||
|
|
|
|
|
|
|
| ||||||||||
Income (expenses) | |||||||||||||||||
Selling and distribution | ( |
( |
( |
( |
( |
( | |||||||||||
(Loss) reversals for impairment of trade accounts receivable | ( |
( |
( |
( | |||||||||||||
General and administrative | ( |
( |
( |
( |
|
( |
( | ||||||||||
Research and development | ( |
( |
( |
( | |||||||||||||
Results from equity-accounted investees | |
( |
( |
|
( |
( | |||||||||||
Other income | |
|
|
|
| ||||||||||||
Other expenses | ( |
( |
( |
( |
( |
( | |||||||||||
|
( |
|
|
( |
|
|
( | ||||||||||
Financial results | |||||||||||||||||
Financial expenses | ( |
( |
( |
( |
|
|
( |
( | |||||||||
Financial income | |
|
|
( |
( |
|
| ||||||||||
Exchange rate variations, net | ( |
( |
( |
( |
( |
|
( |
( | |||||||||
( |
( |
( |
( |
( |
|
( |
( | ||||||||||
Profit (loss) before income tax | |||||||||||||||||
and social contribution | |
( |
|
( |
( |
|
|
||||||||||
IR and CSL - current and deferred | ( |
|
( |
|
( |
||||||||||||
( |
|
( |
|
( |
| ||||||||||||
Net profit (loss) for the period | |
( |
|
( |
( |
|
|
( |
22 |
Braskem S.A.
Notes to the unaudited condensed consolidated interim financial statements at September 30, 2021 All amounts in thousands, except as otherwise stated
|
Consolidated Braskem | ||||||||||||||||
Statement of cash flows | without the effect of | |||||||||||||||
Braskem Idesa consolidated | Braskem Idesa consolidated | Eliminations | Consolidated | |||||||||||||
Sep/2021 | Sep/2020 | Sep/2021 | Sep/2020 | Sep/2021 | Sep/2020 | Sep/2021 | Sep/2020 | |||||||||
Profit (loss) before income tax and social contribution | |
( |
|
( |
( |
|
|
( | ||||||||
Adjustments for: | ||||||||||||||||
Depreciation and amortization | |
|
|
|
( |
( |
|
| ||||||||
Results from equity-accounted investees | ( |
|
|
( |
| |||||||||||
Interest and monetary and exchange variations, net | |
|
|
|
|
( |
|
| ||||||||
Reversal of provisions | |
|
||||||||||||||
Provision - geological event in Alagoas | |
| ||||||||||||||
PIS and COFINS credits - exclusion of ICMS from the calculation basis | ( |
( |
( |
( | ||||||||||||
Loss (reversals) for impairment of trade accounts receivable | ( |
|
( |
( |
| |||||||||||
Reversal of provision for losses | ( |
( |
( |
( | ||||||||||||
Adjustments for reconciliation of profit | |
|
|
|
|
| ||||||||||
Changes in operating assets and liabilities | ||||||||||||||||
Other financial assets | |
| ||||||||||||||
Financial investments | |
( |
|
( | ||||||||||||
Trade accounts receivable | ( |
( |
( |
( |
|
|
( |
( | ||||||||
Inventories | ( |
|
( |
( |
( |
| ||||||||||
Taxes recoverable | |
|
|
( |
|
| ||||||||||
Prepaid expenses | |
( |
|
|
|
| ||||||||||
Other receivables | ( |
( |
( |
( |
( |
( | ||||||||||
Trade payables | |
( |
|
|
( |
( |
( |
( | ||||||||
Taxes payable | |
( |
( |
( |
|
( | ||||||||||
Advances from customers | |
|
( |
( |
|
| ||||||||||
Leniency agreement | ( |
( |
( |
( | ||||||||||||
Sundry provisions | ( |
( |
|
( |
( | |||||||||||
Other payables | ( |
( |
( |
|
( |
( | ||||||||||
Cash generated from operations | |
|
|
|
|
| ||||||||||
Interest paid | ( |
( |
( |
( |
( |
( | ||||||||||
Income tax and social contribution paid | ( |
( |
( |
( |
( |
( | ||||||||||
Net cash generated by operating activities | |
|
|
|
|
| ||||||||||
Proceeds from the sale of fixed assets and intangible assets | |
|
|
| ||||||||||||
Dividends received | ||||||||||||||||
Acquisitions to property, plant and equipment and intangible assets | ( |
( |
( |
( |
( |
( | ||||||||||
Net cash used in investing activities | ( |
( |
( |
( |
( |
( | ||||||||||
Short-term and long-term debt | ||||||||||||||||
Acquired | |
|
|
| ||||||||||||
Payments | ( |
( |
( |
( | ||||||||||||
Braskem Idesa borrowings | ||||||||||||||||
Payments | (766,250) | (658,669) | (766,250) | (658,669) | ||||||||||||
Lease payments | ( |
( |
( |
( |
( |
( | ||||||||||
Dividends paid | ( |
( |
( |
( | ||||||||||||
Other financial liabilities | ( |
( | ||||||||||||||
Cash generated (used) in financing activities | ( |
|
( |
( |
( |
| ||||||||||
Exchange variation on cash of foreign subsidiaries | |
|
|
|
|
| ||||||||||
Increase in cash and cash equivalents | ( |
|
|
|
( |
| ||||||||||
Represented by | ||||||||||||||||
Cash and cash equivalents at the beginning for the period | |
|
|
|
|
| ||||||||||
Cash and cash equivalents at the end for the period | |
|
|
|
— | |
| |||||||||
Increase in cash and cash equivalents | ( |
|
|
|
( |
|
23 |
Braskem S.A.
Notes to the unaudited condensed consolidated interim financial statements at September 30, 2021 All amounts in thousands, except as otherwise stated
|
10 Property, plant and equipment
Sep/2021 | Dec/2020 | |||||||||||||
Accumulated | Accumulated | |||||||||||||
Cost | depreciation | Net | Cost | depreciation | Net | |||||||||
Land | |
|
|
| ||||||||||
Buildings and improvements | |
( |
|
|
( |
| ||||||||
Machinery, equipment and installations | |
( |
|
|
( |
| ||||||||
Projects and stoppage in progress | |
|
|
| ||||||||||
Other | |
( |
|
|
( |
| ||||||||
Total | |
( |
|
|
( |
|
Capitalized interest in the nine-month period ended September
30, 2021 were R$
At September 30, 2021, the acquisitions of property, plant
and equipment with payment installments amount to R$
Based on Management’s assessment, there were no events indicating that the carrying amount exceeds its recoverable amount on September 30, 2021.
11 Intangible assets
Sep/2021 | Dec/2020 | |||||||||||||
Accumulated | Accumulated | |||||||||||||
Cost | amortization | Net | Cost | amortization | Net | |||||||||
Goodwill | |
( |
|
|
( |
| ||||||||
Trademarks and patents | ( |
( |
||||||||||||
Software and use rights | |
( |
|
( |
||||||||||
Contracts with customers and suppliers | ( |
( |
||||||||||||
Total | |
( |
|
|
( |
|
Based on Management’s assessment, there were no events indicating that the carrying amount exceeds its recoverable amount on September 30, 2021.
24 |
Braskem S.A.
Notes to the unaudited condensed consolidated interim financial statements at September 30, 2021 All amounts in thousands, except as otherwise stated
|
12 Right-of-use assets and lease liability
(a) Right-of-use assets
Sep/2021 | Dec/2020 | |||||||||||||
Cost | Accumulated depreciation | Net | Cost | Accumulated depreciation | Net | |||||||||
Buildings and constructions | ( |
( |
||||||||||||
Computer equipment and goods | |
( |
|
|
( |
| ||||||||
Machinery and equipment | |
( |
|
( |
||||||||||
Ships | |
( |
|
( |
||||||||||
Rail cars | |
( |
|
|
( |
| ||||||||
Vehicles | |
( |
|
|
( |
| ||||||||
Total | |
( |
|
|
( |
|
(b) Lease liability
Sep/2021 | |
Balance at December 31, 2020 | |
New contracts | |
Interests and monetary and exchange variations, net | |
Currency translation adjustments | |
Payments | ( |
Interest paid | ( |
Balance at September 30, 2021 | |
Current liability | |
Non-current liability | |
Total | |
(c) Non-cash transactions
The net effect of additions and disposals of right of use
assets that does not affect the cash flow in the period ended on September 30, 2021 is R$
25 |
Braskem S.A.
Notes to the unaudited condensed consolidated interim financial statements at September 30, 2021 All amounts in thousands, except as otherwise stated
|
13 Trade payables
Note | Sep/2021 | Dec/2020 | |||
Trade payables: | |||||
Domestic market | |||||
Third parties | |
| |||
Third parties (forfait) | (i) | |
| ||
Total Third Parties |
|||||
Related parties | |
| |||
Related parties (forfait) | (i) | |
| ||
Total Related Parties |
7 | |
| ||
Foreign market | (ii) | ||||
Third parties | |
| |||
Present value adjustment - foreign market | (iii) | ( |
( | ||
|
| ||||
Current liabilities | |
| |||
Non-current liabilities | |
| |||
Total |
10,497,732 | 9,953,548 |
(i) |
(ii) |
(iii) |
26 |
Braskem S.A.
Notes to the unaudited condensed consolidated interim financial statements at September 30, 2021 All amounts in thousands, except as otherwise stated
|
14 Borrowings
(a) Borrowings
Schedule of borrowings
Annual financial charges | Sep/2021 | Dec/2020 | |||||
Foreign currency | |||||||
Bonds | |
| |||||
Export prepayment | (i) | | |||||
Investments | + interest between 0.65 and 1.70 |
|
| ||||
Other | |
| |||||
Transactions costs | ( |
( | |||||
|
| ||||||
Current liabilities | |
| |||||
Non-current liabilities | |
| |||||
Total | 33,310,512 | 40,234,330 | |||||
Local currency | |||||||
Export credit notes | (i) | | |||||
Commercial notes | (i) | | |||||
BNDES | | ||||||
BNDES | |
| |||||
FINEP/FINISA | |
| |||||
BNB-FNE (Fundo Constitucional de Financiamentos do Nordeste) | |
| |||||
Fundo de Desenvolvimento do Nordeste (FDNE) | |
| |||||
Transactions costs | ( |
( | |||||
|
| ||||||
Current liabilities | |
| |||||
Non-current liabilities | |
| |||||
Total | 480,206 | 1,497,793 | |||||
Foreign currency and local currency | |||||||
Current liabilities | |
| |||||
Non-current liabilities | |
| |||||
Total | |
|
(i) |
27 |
Braskem S.A.
Notes to the unaudited condensed consolidated interim financial statements at September 30, 2021 All amounts in thousands, except as otherwise stated
|
(b) Payment schedule
The maturity profile of the long-term amounts is as follows:
Sep/2021 | Dec/2020 | |||||
2022 | |
| ||||
2023 | |
| ||||
2024 | |
| ||||
2025 | |
| ||||
2026 | |
| ||||
2027 | |
| ||||
2028 | |
| ||||
2029 | |
| ||||
2030 | |
| ||||
2031 and thereafter | |
| ||||
Total | 32,887,895 | 40,413,192 |
(c) Bonds
Schedule of bonds
Issue | Outstanding | ||||||||||||
amount | amount | Interest | |||||||||||
Issue date | US$ | US$ | Maturity | (% per year) | Sep/2021 | Dec/2020 | |||||||
(i) | |
|
| ||||||||||
(i) | |
|
|
|
| ||||||||
(i) | |
|
| ||||||||||
(i) | |
|
|
|
| ||||||||
(i) | |
|
|
|
| ||||||||
|
|
|
|
| |||||||||
|
|
|
|
| |||||||||
|
|
|
|
| |||||||||
(ii) | |
|
|
|
| ||||||||
Total | |
|
|
|
(i) |
(ii) |
(d) Other
Schedule of others - SACE
Initial amount | Outstanding | ||||||||||||
of the transaction | amount | ||||||||||||
Issue date | (US$) | US$ | Maturity | Charges (% per year) | Sep/2021 | Dec/2020 | |||||||
|
|
|
| ||||||||||
|
|
|
| ||||||||||
|
|
|
| ||||||||||
(i) | |
|
| ||||||||||
Total | |
|
|
|
(i) |
28 |
Braskem S.A.
Notes to the unaudited condensed consolidated interim financial statements at September 30, 2021 All amounts in thousands, except as otherwise stated
|
(e) Guarantees
Braskem has given collaterals for part of its borrowings as follows:
Total | Total | |||||||
Loans | Maturity | debt 2021 | guaranteed | Guarantees | ||||
FINEP | |
|
||||||
FINISA | |
|
||||||
BNB-FNE | |
|
||||||
Total | |
|
15 Braskem Idesa Financing
Outstanding | ||||||||||||
Principal amount US$ | amount | |||||||||||
Identification | US$ | Maturity | Charges (% per year) | Sep/2021 | Dec/2020 | |||||||
Project finance | ||||||||||||
Project finance I | |
|
(i) | |
| |||||||
Project finance II | |
|
0 | |
| |||||||
Project finance III | |
|
(ii) | |
| |||||||
Project finance IV | |
|
(iii) | |
| |||||||
Total under current liabilities | |
|
|
| ||||||||
Bond | |
|
|
| ||||||||
Transactions costs | ( |
( | ||||||||||
Total | |
| ||||||||||
Current liabilities | |
| ||||||||||
Non-current liabilities | |
| ||||||||||
Total | 11,754,840 | 12,059,238 |
(i) | Partial prepayment of US$10,630. |
(ii) | Partial prepayment of US$9,111. |
(iii) | Partial prepayment of US$13,212. |
In line with the Company’s Financial Policy, the investment in the Braskem Idesa petrochemical complex was financed under a Project Finance model, under which the construction loan is paid exclusively using the cash generated by the Braskem Idesa itself and the shareholders provide limited guarantees. This financing includes the guarantees typical to Project Finance transactions, such as assets, receivables, cash generation and other rights of Braskem Idesa. The financing also contains various other covenants typical to contracts of this kind.
At September 30, 2021, certain non-monetary obligation established
in the contracts of Project Finance remained unfulfilled. As a result, the amount of R$
The following amortization schedule presents the long-term maturities, considering the contractual obligations mentioned above, as well as the original maturities.
29 |
Braskem S.A.
Notes to the unaudited condensed consolidated interim financial statements at September 30, 2021 All amounts in thousands, except as otherwise stated
|
With breach of contratual obligations | Original Long-Term Maturities | |||||||
Sep/2021 | Dec/2020 | Sep/2021 | Dec/2020 | |||||
2022 | |
| ||||||
2023 | |
| ||||||
2024 | |
| ||||||
2025 | |
| ||||||
2026 | |
| ||||||
2027 | |
| ||||||
2028 | |
| ||||||
2029 | |
|
|
| ||||
Total | |
|
|
|
As mentioned in Note 34(a), in October 2021, Braskem Idesa prepaid the Project Finance using proceeds from the issue of new debt.
16 Debentures
Schedule of debenture
Issue date | Issuer | Series | Maturity | Annual financial charges (%) | Sep/2021 | Dec/2020 | ||||||
DAC | Single | |
| |||||||||
Cetrel | Single | |
| |||||||||
|
| |||||||||||
Current liabilities | |
| ||||||||||
Non-current liabilities | |
| ||||||||||
Total | 206,010 | 236,115 |
(a) Payment schedule
The maturity profile of the long-term debentures is as follows:
Sep/2021 | Dec/2020 | |||||
2022 | |
| ||||
2023 | |
| ||||
2024 | |
| ||||
2025 | |
| ||||
Total | |
|
30 |
Braskem S.A.
Notes to the unaudited condensed consolidated interim financial statements at September 30, 2021 All amounts in thousands, except as otherwise stated
|
(b) Guarantees
The issuers entered into agreements for the fiduciary sale of credit rights, in which attached accounts are maintained to cover debt service for the three months of the installments coming due, under the terms of the instruments of assignment.
17 Reconciliation of borrowing activities in the statement of cash flow
Current and non-current | ||||||||||||||
Borrowings, debentures and Braskem Idesa financing | ||||||||||||||
Loan to | ||||||||||||||
Total | non-controlling | |||||||||||||
borrowings | Braskem Idesa | shareholders | ||||||||||||
Borrowings | Debentures | and debentures | financing | of Braskem Idesa | Lease | Dividends | ||||||||
Balance at December 31, 2020 | |
|
|
|
|
|||||||||
Acquired | |
|||||||||||||
Payments | ( |
( |
( |
( |
( |
( | ||||||||
Cash used in financing activities | ( |
( |
( |
( |
( |
( | ||||||||
Other changes | ||||||||||||||
Interest paid | ( |
( |
( |
( |
( |
|||||||||
Interest and monetary and exchange variations, net |
|
|
|
|
|
|||||||||
VAT on loan | ||||||||||||||
New contracts | |
|||||||||||||
Currency translation adjustments | |
|
|
|
||||||||||
Prescribed dividends | ( | |||||||||||||
|
( |
|
|
|
( | |||||||||
Balance at September 30, 2021 | |
|
|
|
|
31 |
Braskem S.A.
Notes to the unaudited condensed consolidated interim financial statements at September 30, 2021 All amounts in thousands, except as otherwise stated
|
18 Financial instruments
18.1 Non-derivative financial instruments and other liabilities
Schedule of non-derivative financial instruments and other liabilities
Fair value | Book value | Fair value | ||||||||||||
Note | Classification by category | hierarchy | Sep/2021 | Dec/2020 | Sep/2021 | Dec/2020 | ||||||||
Cash and cash equivalents | 3 | |||||||||||||
Cash and banks | Amortized cost | |||||||||||||
Financial investments in Brazil | Fair value through profit or loss | Level 2 | ||||||||||||
Financial investments abroad | Fair value through profit or loss | Level 2 | 5,312,835 | |||||||||||
|
|
|
| |||||||||||
Financial investments | 4 | |||||||||||||
LFT´s and LF´s | Fair value through profit or loss | Level 2 | 2,163,042 | |||||||||||
Time deposit investments | Amortized cost | |||||||||||||
Other | Fair value through profit or loss | Level 2 | ||||||||||||
Trade accounts receivable | 5 | Amortized cost | ||||||||||||
Trade accounts receivable | 5 | Fair value through other comprehensive income | Level 2 | |||||||||||
Trade payables | 13 | Amortized cost | |
|
||||||||||
Borrowings | 14 | Amortized cost | ||||||||||||
Foreign currency - Bond | Level 1 | |
|
|
| |||||||||
Foreign currency - other borrowings | Level 2 | |||||||||||||
Local currency | Level 2 | |||||||||||||
Braskem Idesa borrowings | 15 | Amortized cost | ||||||||||||
Project Finance | Level 2 | |
| |||||||||||
Bond | Level 1 | |||||||||||||
Debentures | 16 | Amortized cost | Level 2 | |||||||||||
Loan to non-controlling shareholder of Braskem Idesa |
7(a) | Amortized cost | ||||||||||||
Leniency agreement | 23 | Amortized cost |
32 |
Braskem S.A.
Notes to the unaudited condensed consolidated interim financial statements at September 30, 2021 All amounts in thousands, except as otherwise stated
|
18.2 Derivative financial instruments
Schedule of changes in derivative financial instruments
Net | Net | |||||||||||||||
Operation characteristics | Accumulated | (Asset)/ | (Asset)/ | |||||||||||||
Principal exposure | OCI (equity) | Liability | Change in | Financial | Liability | |||||||||||
Identification | Derivatives | Extrinsic value | Intrinsic value | Fair value | Dec/2020 | fair value | settlement | Sep/2021 | ||||||||
Non-hedge accounting transactions | ||||||||||||||||
Exchange swap | Argentine peso | Dollar | ( |
|
( |
|||||||||||
NCE swap | Real | Dollar | |
( |
||||||||||||
Swap C3/PGP | Propane | Propene | |
( |
||||||||||||
Swap Nafta/Gasolina | Gasoline | Naphtha | |
( |
( | |||||||||||
|
|
( |
| |||||||||||||
Hedge accounting transactions | ||||||||||||||||
Dollar call and put options | Real | Dollar | ( |
( |
( |
|
|
( |
| |||||||
Interest rate swaps | Libor | Fixed rates | ( |
|
( |
( |
||||||||||
Dollar swap CDI | Real | Dollar+Fixed rates | ( |
|
( |
| ||||||||||
( |
( |
( |
|
|
( |
| ||||||||||
Derivatives | ||||||||||||||||
Assets | ||||||||||||||||
Current assets | | |||||||||||||||
Non-current assets | | |||||||||||||||
|
| |||||||||||||||
Liabilities | ||||||||||||||||
Current liabilities | |
| ||||||||||||||
Non-current liabilities | |
| ||||||||||||||
|
| |||||||||||||||
|
|
(a) Hedge accounting transactions
(a.i) Dollar call and put option
On September 30, 2021, Braskem held a total notional amount
of put options of US$
Dollar-denominated future sales in Real were designated for hedge accounting, with the months of revenue recognition always coinciding with the months of the options. The future elements of forward exchange contracts are excluded from the designation of hedge instrument and are separately recorded as hedging cost, which is recognized under shareholders' equity in other comprehensive income.
(a.ii) Dollar Swap
In 2018, the Company contracted foreign exchange derivative
operations (“swaps”) in the aggregate amount of R$
33 |
Braskem S.A.
Notes to the unaudited condensed consolidated interim financial statements at September 30, 2021 All amounts in thousands, except as otherwise stated
|
(a.iii) Hedge operation by the subsidiary Braskem Idesa related to Project Finance
Interest rate swap linked to LIBOR
Braskem Idesa contracted swap operations with the purpose of offsetting part of the LIBOR variation arising from the financings mentioned in Note 15. This hedge operation shares the same guarantees with the Project Finance.
Identification | Nominal value | Hedge | Maturity | Fair value, net | ||||||
US$ | (interest rate per year) | Sep/2021 | Dec/2020 | |||||||
Swap Libor I and VI | |
|
| |||||||
Total | |
|
| |||||||
Derivatives | ||||||||||
Current liabilities | |
| ||||||||
Non-Current liabilities | |
| ||||||||
Total | |
|
As described in Note 34(a), the Company prepaid the Project Finance (Note 15) and consequently settled the LIBOR swap linked to it.
18.3 Non-derivative financial liabilities designated to hedge accounting
(a.i) Future exports in U.S. dollars
At September 30, 2021, the exports that were designated not yet realized and not discontinued are shown below:
Total nominal value | ||||||
US$ | ||||||
2023 | - | |||||
2024 | | |||||
2025 | | |||||
2028 | | |||||
2030 | | |||||
2031 | | |||||
2032 | | |||||
Total nominal value | |
The following table shows the changes in financial instruments designated for this hedge in the period:
US$ | ||||||||||
Hedge | Rebalanced | |||||||||
Dec/2020 | discontinued | hedge | Designations | Sep/2021 | ||||||
Designated balance | |
|
|
|
34 |
Braskem S.A.
Notes to the unaudited condensed consolidated interim financial statements at September 30, 2021 All amounts in thousands, except as otherwise stated
|
At September 30, 2021, the maturities of financial liabilities designated, within the scope of the consolidated statement of financial position, were as follows:
Schedule of financial liability maturity
Total nominal value | ||||||
US$ | ||||||
2023 | - | |||||
2024 | | |||||
2025 | | |||||
2028 | | |||||
2030 | | |||||
2031 | | |||||
2032 | | |||||
Total nominal value | |
The following table provides the balances of exchange variation recognized in the Company’s net financial income (expenses) due to the realization of exports designated, for this hedge in the nine-month period ended September 30, 2021:
Conversion rate | ||||||||
Total nominal | at Inception | Closing rate | Gross nominal | |||||
value US$ | R$/US$ | R$/US$ | value | |||||
First quarter | ||||||||
Second quarter | ||||||||
Third quarter | ||||||||
The changes in foreign exchange variation and Income Tax and Social Contribution under “Other comprehensive income” of this hedge are as follows:
Exchange | Net | ||||
variation | IR and CSL | effect | |||
At December 31, 2020 | ( |
( | |||
Exchange variation recorded in the period on OCI / IR and CSL | ( |
( | |||
Exchange variation transferred to profit or loss / IR and CSL | ( |
||||
At September 30, 2021 | ( |
( |
35 |
Braskem S.A.
Notes to the unaudited condensed consolidated interim financial statements at September 30, 2021 All amounts in thousands, except as otherwise stated
|
(a.ii) Liabilities related to the Project Finance of future sales in U.S. dollar
At September 30, 2021, designated and unrealized sales were as follows:
Nominal value | ||||||
US$ | ||||||
2021 | | |||||
2022 | | |||||
2023 | | |||||
2024 | | |||||
2025 | | |||||
2026 | | |||||
2027 | | |||||
2028 | | |||||
2029 | | |||||
2030 | | |||||
2031 | | |||||
2032 | | |||||
2033 | | |||||
Nominal value |
As a result of the prepayment of the Project Finance (Note 34(a)), all cash flows designated and not yet realized will be discontinued. The balance under Other Comprehensive Income will be transferred to financial income (expenses) in accordance with the schedule of future hedged sales.
The following table shows the changes in financial instruments designated for this hedge in the period:
US$ | ||||||||||
Discontinued | Rebalanced | New | ||||||||
Dec/2020 | hedge | hedge | designations | Sep/2021 | ||||||
Designated balance | ( |
|
- |
At September 30, 2021, the designated financial liabilities to hedge future sales were distributed as follows:
Nominal value | ||||||
US$ | ||||||
2021 | | |||||
2022 | | |||||
2023 | | |||||
2024 | | |||||
2025 | | |||||
2026 | | |||||
2027 | | |||||
2028 | | |||||
2029 | | |||||
2030 | | |||||
2031 | | |||||
2032 | | |||||
2033 | | |||||
Nominal value | |
36 |
Braskem S.A.
Notes to the unaudited condensed consolidated interim financial statements at September 30, 2021 All amounts in thousands, except as otherwise stated
|
The following table provides the amounts of hedge accounting
discontinued in the nine-month period ended September 30, 2021 (US$
Conversion rate | ||||||||||
Total nominal | at Inception | Closing rate | Total nominal | Gross nominal | ||||||
value US$ | MXN/US$ | MXN/US$ | value MXN | value | ||||||
Hedge discontinued in May 16, 2016 | ||||||||||
Hedge discontinued in December 2, 2019 | ||||||||||
Hedge discontinued in December 10, 2019 | ||||||||||
Hedge discontinued in February 18,2020 | ||||||||||
The following table provides the balances of exchange variation recognized in Braskem Idesa’s financial income (expenses) due to the realization of sales designated and discontinued for this hedge in the nine-month period ended September 30, 2021:
Conversion rate | ||||||||||
Total nominal | at Inception | Closing rate | Total nominal | Gross nominal | ||||||
value US$ | MXN/US$ | MXN/US$ | value MXN | value | ||||||
First quarter | ||||||||||
Second quarter | ||||||||||
Third quarter | ||||||||||
The changes in foreign exchange variation and Income Tax and Social Contribution under “Other comprehensive income” are as follows:
Exchange | Net | ||||
variation | IR | effect | |||
At December 31, 2020 | ( |
( | |||
Exchange variation recorded in the period on OCI / IR | ( |
( | |||
Exchange variation transferred to profit or loss / IR | ( |
||||
At September 30, 2021 | ( |
( |
37 |
Braskem S.A.
Notes to the unaudited condensed consolidated interim financial statements at September 30, 2021 All amounts in thousands, except as otherwise stated
|
18.4 Credit quality of financial assets
(a) Trade accounts receivable
The Company’s clients do not have risk ratings assigned by credit rating agencies. For this reason, the Company developed its own credit rating system for all accounts receivable from clients in Brazil and abroad.
Considering the stages 1, 2 and 3 of expected credit losses, the percentage of trade accounts receivable by risk ratings was as follows:
(%) | ||||
Sep/2021 | Dec/2020 | |||
Minimal Risk | ||||
Low Risk | ||||
Medium Risk | ||||
High Risk | ||||
Very High Risk | (i) |
(i) |
The calculation below considers the accounts receivable figure overdue more than 30 days, divided by consolidated gross revenue in the last 12 months:
Schedule of default indicators
Last 12 months | |||
Domestic | Export | ||
market | market | ||
September 30, 2021 | |||
December 31, 2020 | |||
September 30, 2020 |
For the export market, approximately
38 |
Braskem S.A.
Notes to the unaudited condensed consolidated interim financial statements at September 30, 2021 All amounts in thousands, except as otherwise stated
|
(b) Other financial assets
In order to determine the credit ratings of counterparties of financial assets classified under cash and cash equivalents, and financial investments, the Company uses the risk rating of agencies Standard & Poor’s, Moody’s and Fitch Ratings, within the limits established in its financial policy approved by the Board of Directors.
Sep/2021 | Dec/2020 | ||||
Financial assets with risk assessment | |||||
AAA | |
| |||
AA+ | |
| |||
AA | |
| |||
AA- | |
| |||
A+ | |
| |||
A | |
| |||
A- | |
| |||
BBB+ | |
| |||
BBB | |
| |||
BBB- | |
||||
BB | |
||||
|
| ||||
Financial assets without risk assessment | |||||
Other financial assets with no risk assessment | (i) | |
| ||
|
| ||||
Total | |
|
(i) |
18.5 Sensitivity analysis
Financial instruments, including derivatives, may be subject to changes in their fair value as a result of the variation in commodity prices, foreign exchange rates, interest rates, shares and share indexes, price indexes and other variables. The sensitivity of the derivative and non-derivative financial instruments to these variables are presented below:
(a) Selection of risks
On September 30, 2021, the main risks that can affect the value of Company’s financial instruments are:
· U.S. dollar/Brazilian Real exchange rate;
· LIBOR floating interest rate;
· IPCA inflation rate;
· Selic interest rate; and
· CDI interest rate.
For the purposes of the risk sensitivity analysis, the Company presents the exposures to currencies as if they were independent, that is, without reflecting in the exposure to a foreign exchange rate the risks of the variation in other foreign exchange rates that could be directly influenced by it.
39 |
Braskem S.A.
Notes to the unaudited condensed consolidated interim financial statements at September 30, 2021 All amounts in thousands, except as otherwise stated
|
(b) Value at risk
The value at risk of the derivatives held by the Company
which is defined as the impact on the fair value adjustment that could result in one month as from September 30, 2021, with a probability
of 5%, and under normal market conditions, was estimated by the Company at US$
(c) Selection of scenarios
The Focus Market Readout published by the Central Bank of Brazil (BACEN) was used to develop the probable scenario for the U.S. dollar/Brazilian Real exchange rate, the Selic interest rate and the CDI interest rate as at September 30, 2021.
According to the Market Readout, at the end of 2021, the U.S. dollar will remain at approximately R$5.20, while the Selic rate should remain at 8.25% p.a. The Selic rate is used as benchmark for sensitivity analysis of the CDI rate.
Since the Market Readout survey does not include consensus forecasts for the LIBOR rate, Braskem used the forecast of the Federal Reserve for the Federal Funds Rate at the end of the year, published in September 2021, in comparison with the actual Federal Funds Rate on September 30, 2021. The forecasts point to the current level of the Federal Funds Rate remaining unchanged, which means that the variation in the probable scenario for LIBOR in the sensitivity analysis is null for all financial instruments indexed to LIBOR.
For each variable analyzed in the sensitivity analysis, the
Company estimated annualized variations corresponding to 1 to 3 standard deviations of the monthly averages of the last five years, which
are equivalent to approximately
Effects of COVID-19
The assumptions of the future value adopted in the construction of the probable scenario and the current value of each variable in this analysis are referenced to the reporting date September 30, 2021. Given the instability in the current economic scenario caused by the COVID-19 pandemic, interest rates and foreign exchange rates are affected daily. Therefore, during the period for reporting this interim financial information the current value and the probable scenario of these parameters may have changed. However, Braskem’s gains and losses in these probable stress scenarios are analyzed by increasing each variable according to the aforementioned.
The sensitivity values in the table below are the changes in the value of the financial instruments in each scenario.
40 |
Braskem S.A.
Notes to the unaudited condensed consolidated interim financial statements at September 30, 2021 All amounts in thousands, except as otherwise stated
|
Gain (losses) | ||||||
Reasonably possible | Possible | |||||
Instrument / Sensitivity | Probable | (13%) | (40%) | |||
Brazilian real/U.S. dollar exchange rate | ||||||
Bonds | |
( |
( | |||
Braskem Idesa borrowings | |
( |
( | |||
Export prepayments | ( |
( | ||||
Investments | |
( |
( | |||
SACE | ( |
( | ||||
Dollar call and put options (i) | ( |
( | ||||
Dollar swap x CDI | ( |
( | ||||
MONFORTE | ( |
( | ||||
Nexi | ( |
( | ||||
Other | ||||||
Financial investments abroad | ( |
|||||
Gain (losses) | ||||||
Reasonably possible | Possible | |||||
Instrument / Sensitivity | Probable | (39%) | (116%) | |||
Libor floating interest rate | ||||||
Export prepayments | ( |
( | ||||
Swap | ||||||
Braskem Idesa borrowings | ( |
( | ||||
Nexi | ( |
( | ||||
SACE | ( |
( | ||||
MONFORTE | ( |
( | ||||
Investments | ( |
( | ||||
Other | ||||||
Gain (losses) | ||||||
Reasonably possible | Possible | |||||
Instrument / Sensitivity | Probable | (26%) | (77%) | |||
CDI interest rate | ||||||
Debentures | ( |
( |
( | |||
Financial investments in local currency | |
|||||
Gain (losses) | ||||||
Reasonably possible | Possible | |||||
Instrument / Sensitivity | Probable | (15%) | (44%) | |||
IPCA interest rate | ||||||
Debêntures | ( |
( | ||||
BNDES | |
( |
( | |||
BNB/ FINEP/ FUNDES/FINISA/FINAME/FNE | ( |
( | ||||
Gain (losses) | ||||||
Reasonably possible | Possible | |||||
Instrument / Sensitivity | Probable | (26%) | (77%) | |||
Selic interest rate | ||||||
Leniency agreement | ( |
( |
( |
(i) |
41 |
Braskem S.A.
Notes to the unaudited condensed consolidated interim financial statements at September 30, 2021 All amounts in thousands, except as otherwise stated
|
19 Taxes payable
Sep/2021 | Dec/2020 | ||||
Brazil | |||||
IPI | |
| |||
ICMS | |
| |||
PIS and COFINS | |
| |||
Other | |
| |||
Other countries | |||||
Value-added tax | |
| |||
Other | |
| |||
Total | |
| |||
Current liabilities | |
| |||
Non-current liabilities | | ||||
Total | |
|
42 |
Braskem S.A.
Notes to the unaudited condensed consolidated interim financial statements at September 30, 2021 All amounts in thousands, except as otherwise stated
|
20 Income tax (“IR”) and social contribution (“CSL”)
(a) Amounts recognized in profit and loss
Schedule of income tax and social contribution reconciliation
Sep/2021 | Sep/2020 | ||||
Profit (loss) before IR and CSL | ( | ||||
IR and CSL at the rate of 34% | ( |
| |||
Permanent adjustments to the IR and CSL calculation basis | |||||
IR and CSL on equity in results of investees | ( |
| |||
Thin capitalization | ( |
( | |||
Tax benefits (Sudene e PAT) (i) | |
||||
Difference of rate applicable to each country | |
| |||
Non-incidence of IRPJ/CSL on SELIC update of tax indebits, refer note (d) | |
||||
Other permanent adjustments | ( |
( | |||
Effect of IR and CSL on results of operations | ( |
| |||
Breakdown of IR and CSL: | |||||
Current IR and CSL expense | |||||
Current year | ( |
( | |||
Total current IR and CSL expense | ( |
( | |||
Deferred IR and CSL expense | |||||
Origination and reversal of temporary differences | ( |
| |||
Tax losses (IR) and negative base (CSL) | ( |
| |||
Total deferred IR and CSL | ( |
| |||
Total | ( |
| |||
Effective rate |
(i) |
43 |
Braskem S.A.
Notes to the unaudited condensed consolidated interim financial statements at September 30, 2021 All amounts in thousands, except as otherwise stated
|
(b) Deferred income tax and social contribution
Schedule of changes in balances of deferred tax assets and liabilities
Asset | Sep/2021 | Dec/2020 | |||
Tax losses (IR) and negative base (CSL) | |
| |||
Goodwill amortized | |
| |||
Exchange variations | |
| |||
Temporary adjustments | |
| |||
Business combination | |
| |||
Tax credits | | ||||
Other | |
| |||
|
| ||||
Liability | |||||
Amortization of goodwill based on future profitability | |
| |||
Tax depreciation | |
| |||
PIS/COFINS credit - exclusion of ICMS from the calculation basis | |
||||
Temporary adjustments | |
| |||
Business combination | |
| |||
Present value adjustment and amortized cost | |
| |||
Amortization of fair value adjustments on the assets from the acquisiton of Braskem Qpar |
|
| |||
Other | |
| |||
|
|
(c) Offset for the purpose of presentation in the consolidated statement of financial position
Schedule of deferred taxes offset for the purpose of presentation in the balance sheet
Sep/2021 | |||||||||||
Headquarters | |||||||||||
(Country) | Tax calculation | Offsetting | Balance | ||||||||
Assets | |||||||||||
Braskem S.A. | |
( |
| ||||||||
Braskem Argentina | | ||||||||||
Braskem America | |
( |
|||||||||
Braskem Alemanha | |
| |||||||||
Braskem Chile | | ||||||||||
Braskem Idesa | |
( |
| ||||||||
Braskem Idesa Serviços | | ||||||||||
Braskem México Serviços | | ||||||||||
Cetrel | |
( |
| ||||||||
DAC | |
( |
| ||||||||
|
( |
| |||||||||
Liabilities | |||||||||||
Braskem S.A | |
( |
|||||||||
Braskem America | |
( |
| ||||||||
Braskem Idesa | |
( |
|||||||||
Cetrel | ( |
||||||||||
DAC | ( |
||||||||||
( |
44 |
Braskem S.A.
Notes to the unaudited condensed consolidated interim financial statements at September 30, 2021 All amounts in thousands, except as otherwise stated
|
Dec/2020 | |||||||||||
Headquarters | |||||||||||
(Country) | Tax calculation | Offsetting | Balance | ||||||||
Assets | |||||||||||
Braskem S.A. | |
( |
| ||||||||
Braskem Argentina | | ||||||||||
Braskem America | |
( |
|||||||||
Braskem Alemanha | |
| |||||||||
Braskem Chile | | ||||||||||
Braskem Idesa | |
( |
| ||||||||
Braskem Idesa Serviços | |
| |||||||||
Braskem México Serviços | | ||||||||||
Cetrel | |
( |
| ||||||||
DAC | |
( |
| ||||||||
|
( |
| |||||||||
Liabilities | |||||||||||
Braskem S.A | |
( |
|||||||||
Braskem America | |
( |
| ||||||||
Braskem Idesa | |
( |
|||||||||
Cetrel | ( |
||||||||||
DAC | ( |
||||||||||
|
( |
|
(d) Realization of deferred tax assets
In the period ended September 30, 2021, the Company did not identify any events or circumstances that would indicate that the book value of such deferred taxes exceeds their recoverable amount.
(e) Exemption of IRPJ/CSL on inflation adjustment by Selic (economy´s basic interest rate) of undue tax payments
In July 2010, the Company and the merged companies in previous years, filed lawsuits claiming exception from the levying IRPJ and CSL on amounts they received as interest on late payment, since they do not represent any equity increase. The claims cover the periods as from calendar year 2005.
In view of the decision of the Federal Supreme Court ("STF"),
on September 24, 2021, stating that “the levying of IRPJ and CSL on amounts updated by the Selic rate, received due to repetition
of undue tax payments, is unconstitutional”, in the third quarter of 2021, the Company recorded tax credits of R$
The lawsuit filed by the Company, which is broader than the object of the leading case, was forwarded to a review hearing and is awaiting inclusion in the trial agenda.
45 |
Braskem S.A.
Notes to the unaudited condensed consolidated interim financial statements at September 30, 2021 All amounts in thousands, except as otherwise stated
|
21 Sundry provisions
Note | Sep/2021 | Dec/2020 | ||||||||
Provision for environmental damages | (a) | |
| |||||||
Provision for customers rebates | (b) | |
| |||||||
Other | |
| ||||||||
Total | |
| ||||||||
Current liabilities | |
| ||||||||
Non-current liabilities | |
| ||||||||
Total | |
874,208 |
(a) Provision for recovery of environmental damages
The Company operates in several countries and is subject to different environmental laws and regulations inherent to the operations and activities areas. Remediation expenses are incurred during several years due to their complexity and extension. New information related to industrial plants, new technologies or future developments, such as involvement in investigations by regulatory agencies, may require that we reevaluate our potential exposure related to environmental matters. The Company has identified areas where remediation actions will be necessary. Due to the high complexity in identifying potential environmental impacts, alternative solutions and recovery costs estimations, these estimates can only be made with reasonable assurance after the completion of all phases of the process to identify and investigate environmental liabilities, which are in accordance with the phases and protocols established by environmental agencies. The Company monitors the areas under study to capture any new facts and changes in circumstances that may change the prognosis of action plans and consequently affect the estimation of environmental provision.
The increase in the provision is mainly due to the implementation of new techniques to remediate the environmental damage.
(b) Rebates
Some sales agreements of the Company provide for a rebate, in products, should certain sales volumes be achieved within the year, six-month period or three-month period, depending on the agreement. The bonus is recognized monthly in a provision, assuming that the minimum contractual amount will be achieved.
46 |
Braskem S.A.
Notes to the unaudited condensed consolidated interim financial statements at September 30, 2021 All amounts in thousands, except as otherwise stated
|
22 Provisions for legal proceedings
22.1 Claims with probable chance of loss and contingent liabilities
Sep/2021 | Dec/2020 | ||||
Labor claims | |
| |||
Tax claims | |||||
IR and CSL | |
| |||
PIS and COFINS | |
| |||
ICMS | |
| |||
Other tax claims | |
| |||
|
| ||||
Corporate claims | |
| |||
Civil claims and other | |
| |||
|
|
47 |
Braskem S.A.
Notes to the unaudited condensed consolidated interim financial statements at September 30, 2021 All amounts in thousands, except as otherwise stated
|
22.2 Claims and contingent liabilities with possible chance of loss
Note | Sep/2021 | Dec/2020 | |||
Tax claims | (a) | |
| ||
Civil claims - Alagoas | 24.1 | |
| ||
Civil claims - Other | |
| |||
Labor claims | |
| |||
Environmental claims | |
| |||
Social security claims | |
| |||
Other lawsuits | |
| |||
Total | |
|
(a) Tax contingencies
IR and CSL – Charges on amortization of goodwill
The subsidiaries Cetrel and DAC were notified by the Federal Revenue Service of Brazil, in December 2020 and June 2021, respectively, for the deduction of tax amortization charges on goodwill arising from the acquisition of equity interests in 2012.
The Management, based on its assessment and that of its external legal advisors, estimates that the chances of loss of these lawsuits as possible, since the equity interests were acquired (i) for a certain amount, in an arm’s length transaction, (ii) with effective payment and (iii) for the purposes of trading, resulting from the allocation of assets for treatment of wastewater and waste in environmental segment. The lawsuits are pending in the administrative level.
On September 30, 2021, the amounts of these claims adjusted
for inflation was R$
22.3 Class action
On August 25, 2020, an action was filed against Braskem and some of its current and former executives in the US District Court for the District of New Jersey, in the United States, on behalf of an alleged class of investors who acquired Braskem's shares. The action is grounded in the U.S. Securities Exchange Act of 1934 and its rules, based on allegations that the defendants made false statements or omissions related to the geological event in Alagoas. On January 15, 2021, the Court named two plaintiffs to act as leading plaintiffs in the action. On April 28, 2021, the lead plaintiff of the action filed a consolidated complaint with its initial arguments, defining as relevant the period of acquisition of the Company’s securities from March 21, 2019 to July 8, 2020. The Company engaged a specialized US-based law office to represent it in the class action and has filed a motion to dismiss, which is pending analysis by the Court.
The Management, based on its assessment and that of its external legal advisors, and given the initial phase of the aforementioned class action, considers that it is not possible at the moment to reliably estimate the potential amount involved.
Braskem cannot reliably predict the future developments of this matter or the expenses arising from it, including rates and costs in solving the dispute. The Company may be named as a defendant in other legal actions.
48 |
Braskem S.A.
Notes to the unaudited condensed consolidated interim financial statements at September 30, 2021 All amounts in thousands, except as otherwise stated
|
23 Leniency agreement with authorities
In the context of allegations of undue payments in connection with Operation Car Wash in Brazil, the Company hired external experts in investigation to conduct an independent investigation into such allegations (“Investigation”) and to report their findings.
In December 2016, the Company entered into Leniency Agreements
with the Federal Prosecution Office (“MPF Agreement”) and with U.S. and Swiss authorities (“Global Settlement”),
in the approximate amount of US$
The AGU, CGU and MPF agreed to allocate most of the amounts received under the Agreements to the reparation of victims of the wrongdoings, including other public authorities and agencies, and to adopt monitoring measures of such third parties with which Braskem comes to start negotiations in connection with the matters under the Agreements, seeking to avoid the duplication of compensation.
The Company has paid approximately R$2,752,711, distributed as shown below:
AGU | |||||||||||||||
Agreements signed with: | . | CGU e MPF | DoJ | OAG | MPF | SEC | Total | ||||||||
Amounts expressed in Reais | |
|
|
|
|
| |||||||||
Amounts expressed in payment currency | |||||||||||||||
CFH | |
| |||||||||||||
R$ | |
1,282,464 | 1,842,360 | ||||||||||||
USD | |
|
|
* Swiss Office of the Attorney General (“OAG”).
Furthermore, there is the outstanding amount of R$
The Agreements do not exempt the Company from other third parties, with legitimate interest, seeking indemnity for damages caused by the facts covered by the Agreements, including other authorities that seek to impose new pecuniary sanctions or fines or initiate new investigations into the Company.
The Company does not anticipate the need for any additional payment, but it cannot guarantee that the total amount agreed will be sufficient for full reparation of all any injured parties, considering that the agreements do not exempt the Company from any liabilities with third parties that have legitimate interests in the facts covered by the Agreements.
The Company will continue to cooperate with the competent public authorities, while improving its compliance and anti-corruption practices. For the last three years, the Company was subject to external independent monitoring as a result of the Agreements. The monitors were responsible for verifying compliance with the Global Settlement, as well as the efficacy of internal controls, policies and procedures of the Company in reducing the risk of noncompliance with anti-corruption laws.
49 |
Braskem S.A.
Notes to the unaudited condensed consolidated interim financial statements at September 30, 2021 All amounts in thousands, except as otherwise stated
|
Finally, in March 2020, based on the certification report issued by the independent monitors that have monitored the Company over the last three years, the MPF confirmed the end of the monitorship, the effectiveness of the Company’s compliance program and the fulfillment of the obligations under the MPF Agreement. Subsequently, on May 13, 2020, the U.S. Department of Justice (“DoJ”) and the U.S. Securities Exchange Comission (“SEC”) confirmed the conclusion of the monitorship established under the agreements with said authorities.
The Company will continue to undergo external monitoring by the AGU/CGU until the end of 2022. All compliance obligations are being honored as recommended by the authorities.
The Company is in compliance with all of its obligations under the Agreements and continues to cooperate with government authorities from various jurisdictions.
24 Geological event - Alagoas
The Company operated, since their origin and as the successor of Salgema, salt mining wells located in the city of Maceió, with the purpose of supplying raw material to its chlor-alkali and dichloroethane plant. In March 2018, a minor earthquake hit certain districts of Maceió, Alagoas, where the wells are located, and cracks were found in buildings and public streets of the districts Pinheiro, Bebedouro, Mutange and Bom Parto.
The Geological Survey of Brazil (“CPRM”) issued a report in May 2019 indicating that the geological phenomenon observed in the region could be related to the rock salt exploration activities developed by Braskem. In view of these events, on May 9, 2019, Braskem decided to suspend its salt mining activities and the operation of its chlor-alkali and dichloroethane plant.
The Company has been devoting its best efforts to understand the geological event occurring in a specific region of Maceió and has been conducting, with the support of independent institutions and nationally and internationally renowned specialists, a series of studies focusing on: (i) the understanding the geological phenomenon and possible surface effects; and (ii) the analyses of well's stability. The results are being shared with the Brazilian National Mining Agency (“ANM”) and other pertinent authorities, with which the Company has been maintaining constant dialogue.
Braskem presented to the ANM measures for shutting down its salt mining fronts in Maceió, with measures for the closure of its wells, and, on November 14, 2019, it proposed the creation of a protective area surrounding certain wells as a precautionary measure to ensure public safety. These measures are based on a study conducted by the Institute of Geomechanics of Leipzig (IFG), in Germany, an international reference in the geomechanical analysis of areas of salt extraction by dissolution, and are being adopted in coordination with the Brazilian Civil Defense and other authorities.
On January 3, 2020, the 3rd Federal Court of Alagoas ratified the Agreement to Support the Relocation of People in Risk Areas (“Agreement”), entered into by Braskem and the State Prosecution Office (“MPE”), the State Public Defender’s Office (“DPE”), the Federal Prosecution Office (“MPF”) and the Federal Public Defender’s Office (“DPU”, and in conjunction with the MPE, DPE and MPF, the “Authorities”). The Agreement establishes cooperative actions for relocating residents from risk areas, defined in the Map of Sectors of Damages and Priority Action Lines by the Civil Defense of Maceió (“Civil Defense Map”), and guaranteed their safety, which provides support, under the Financial Compensation and Support for Relocation Program (“PCF”) implemented by Braskem to the population in specified risk areas.
50 |
Braskem S.A.
Notes to the unaudited condensed consolidated interim financial statements at September 30, 2021 All amounts in thousands, except as otherwise stated
|
After updates of the Civil Defense Map, two legal instruments were signed with the Authorities, in July and October 2020, to include properties in the PCF.
In parallel, as previously disclosed, the Company has been negotiating with the competent authorities the Public-Interest Civil Action for Socio-environmental Reparation proposed by the MPF, related to the geological event in Alagoas.
On December 30, 2020, the Company and the Authorities executed:
(i) the Second Amendment to the Agreement dated January 3, 2020 (“Agreement for Compensation of Residents”) through which the parties agreed to include in the PCF the relocation of additional properties defined by both the Civil Defense Map, which was updated in December 2020, and the specialized and independent technical studies commissioned by the Company and carried out by internationally recognized entities (“Studies”), comprising the area affected and with potential to be affected by the geological event according to these documents; and
(ii) the “Agreement to Dismiss the Public-Interest Civil Action on Socio-Environmental Reparation” and the “Agreement to define the measures to be adopted regarding the preliminary injunctions of the Public-Interest Civil Action on Socio-Environmental Reparation” with the MPF and MPE, the latter as intervening-consenting party (jointly referred to as "Agreement for Socio-Environmental Reparation"), both detailed in Note 24.1(ii). Moreover, the Agreement for Socio-Environmental Reparation envisages the inclusion of other parties, and should be negotiated in the coming months.
Over the course of 2021, the Company maintained its best efforts towards solving the issues arising from the geological event proactively adopting all necessary and applicable measures whilst fully honoring all commitments undertaken. Worth noting: (i) PCF significant advances on assisting public authorities to vacate properties located in the risk area and submitting full financial compensation offers with a high level of acceptance; (ii) the actions for closing and monitoring the salt wells, which are following the mining closure planning approved by the ANM, seeking to stabilize the subsidence phenomenon resulting from salt mining; and (iii) the social and environmental diagnoses conducted in connection with the Socio-Environmental Reparation Agreement.
Moreover, in the context of the Company’s actions progress, understandings regarding complementary aspects in the set of measures envisaged by the Company were consolidated in December 2021.
As assessed by the Company and its external advisors, considering
the measures recommended on technical studies in the short and long-term and the existing information and refined estimates of expenses
for implementing several measures connected with the geological event in Alagoas, the provision recorded on September 30, 2021 was R$
51 |
Braskem S.A.
Notes to the unaudited condensed consolidated interim financial statements at September 30, 2021 All amounts in thousands, except as otherwise stated
|
The following table shows the changes in the provision in the period:
Balance at December 31, 2020 | | |||
Provision |
||||
Payments and reclassifications (*) | ( | |||
Realization of present value adjustment | ||||
Balance at September 30, 2021 | ||||
Current liability | ||||
Non-current liability | ||||
Total |
(*) |
The current provision can be segregated into the following action fronts:
a. Support for relocating and compensating for the residents, business and real state owners of properties located in the Civil Defense Map updated in December 2020, including establishments that require special measures for their relocation, such as hospitals, schools and public equipment.
For this action front, the recorded amount
of R$
b. Actions for closing and monitoring the salt wells, environmental actions and other technical matters. Based on the findings of sonar and technical studies, Braskem has defined stabilization and monitoring actions for all 35 existing salt mining wells.
As of September 30, 2021, for 4 of them, the recommendation was that they be filled with solid material, a process that should take 3 years. For the remaining 31, the recommended actions were: conventional closure using the tamponade technique, which consists of promoting the cavity pressurization, applied worldwide for post-operation cavities; confirmation of natural filling status; and, for some wells, sonar monitoring.
Considering the discussions held in December 2021, the recommendation was to fill 5 more salt wells with solid material, bringing the total wells to be filled to 9. For the remaining 26 wells, the closure plan approved remains unchanged.
The monitoring system implemented by Braskem envisages actions to be developed during and after the closure of wells, focusing on safety and monitoring of region’s stability.
The Company's actions are based on technical studies by outsourced specialists, with the recommendations presented to the competent authorities. The Company is implementing the actions approved by the ANM.
In December 2021, the environmental diagnosis study indicated preliminary proposal of actions for addressing the environmental impacts identified, which should still follow the process established in the Socio-Environmental Reparation Agreement.
The provisioned amount of R$1,991,746 (R$1,938,465 net of adjustment to present value) to implement the measures described in this item was calculated based on existing techniques and the solutions planned for the current conditions of the wells, including expenses with technical studies and monitoring. The amount of the provision may be changed in the future, in accordance with the results of the monitoring of the wells, the progress of implementing the plans to close wells, the monitoring of the ongoing measures and other possible natural alterations.
52 |
Braskem S.A.
Notes to the unaudited condensed consolidated interim financial statements at September 30, 2021 All amounts in thousands, except as otherwise stated
|
c. Social and urban measures, under the Agreement for Socio-environmental Reparation signed on December 30, 2020,
d. Additional measures, for which the provision amounts to R$833,575 (R$814,973 net of adjustment to present value), for expenses with: (i) actions related to the Technical Cooperation Agreements entered into by the Company; (ii) the hiring of external advisors to support the execution of the relocation actions and compensation of the families; (iii) infrastructure for assisting residents; (iv) expenses with managing the event in Alagoas relating to communication, compliance, legal services, etc.; (v) other measures to assist the region; and (vi) other matters classified as a present obligation for the Company, even if not yet formalized.
The provisions of the Company are based on current estimates and assumptions and may be updated in the future due to new facts and circumstances, including, but not limited to: changes, in the execution time, scope and method; the success of action plans; new repercussions or developments arising from the geological event; and the conclusion of studies that indicate recommendations from specialists and other new developments in the matter.
The measures related to the mine closure plans are subject to the analysis and approval by the ANM, the monitoring of results of the measures under implementation as well as changes related to the dynamic nature of geological events.
Continuous monitoring is essential for confirming the results of the current recommendations. Accordingly, the plans to close the wells may be updated based on the need to adopt technical alternatives to stabilize the subsidence phenomena arising from the extraction of salt. In addition, the conclusion of the studies to confirm the natural filling of certain cavities and the assessment of the future behavior of cavities to be monitored using sonar could indicate the need for certain additional measures to stabilize them.
The actions to repair, mitigate or offset potential environmental impacts and damages, as provided for in the Socio-environmental Reparation Agreement, to be financed by Braskem, will be proposed considering the environmental diagnosis prepared by a specialized and independent company. After the conclusion of all discussions with authorities and regulatory agencies, as per the process established in the agreement, an action plan will be agreed to be part of the measures for a Plan to Recover Degraded Areas (“PRAD”).
At this time, the preliminary actions for addressing the environmental impacts are already being mapped, but it is still impossible to predict the outcome of the environmental diagnosis, as well as possible costs to be added in the Company's provisions.
Furthermore, the Socio-Environmental Reparation Agreement envisages the potential adherence by other parties, including the Municipality of Maceió. In this context, the Company is currently under negotiations with the Municipality of Maceió about its requests. To date, the Company is unable to predict the results and timeframe for concluding this negotiation or its possible scope and associated costs.
It is not possible to anticipate all new claims, related to damages or other nature that may be brought by individuals or groups that understand they suffered impacts or damages somehow related to the geological phenomenon and the relocation of people from risk areas. Braskem continues to face (see Note 24.1) and could still face various lawsuits filed by individuals or legal entities not included in the PCF or that disagree with the financial compensation offer for individual settlement, as well as new collective actions and new lawsuits filed by public utility concessionaires. Therefore, the number of such actions, their nature or the amounts involved cannot be estimated at this moment.
53 |
Braskem S.A.
Notes to the unaudited condensed consolidated interim financial statements at September 30, 2021 All amounts in thousands, except as otherwise stated
|
Consequently, the Company cannot eliminate the possibility of future developments related to the Geological Event in Alagoas, the relocation process and actions in vacated and adjacent areas, so the expenses to be incurred may differ from its estimates and provisions.
The Company is negotiating with its insurers the coverage of its insurance policies. The payment of compensation will depend on technical assessment of the insurance coverage under these policies, taking into consideration the complexity of the subject. For this reason, no payment of compensation was recognized in the unaudited condensed consolidated interim financial information for the nine-month period ended September 30, 2021.
24.1 Lawsuits pending
In the context of this event, the following lawsuits were filed against the Company:
(i) Public-Interest Civil Action (ACP) filed by the Alagoas State Prosecution Office (MPE) and the Alagoas State Public Defender’s Office – Reparation for Residents
Public-Interest Civil Action claiming the payment of indemnification for damages caused to the buildings and the residents of areas affected in the Pinheiro district and surrounding areas (currently includes the Mutange, Bebedouro and Bom Parto districts), in the total minimum amount of R$6.7 billion, with initial request for provisional measure to freeze the Company’s financial and other assets in the same amount. Once the case was sent to the Federal Courts, the Federal Prosecution Office started to participate in the action.
The first agreement under this Public-Interest Civil Action (Reparation for Residents) was approved on January 3, 2020. The Agreement to Support the Relocation of People in Risk Areas (“Agreement”), entered into by Braskem and the Alagoas State Prosecutors’ Office (“MPE”), the Alagoas State Public Defenders´ Office (“DPE”), the Federal Prosecutors’ Office (“MPF”) and the Federal Public Defenders’ Office (“DPU”, and jointly with the MPE, DPE and MPF, the “Authorities”), establishes cooperative actions for relocating people in risk areas and guaranteeing their safety, which provides support under the Financial Compensation and Support for Relocation Program (“PCF”) implemented by Braskem, for the population in specified risk areas.
After updates of the Map of Sectors of Damages and Priority Action Lines by the Civil Defense of Maceió (“Civil Defense Map”), two legal instruments were entered into with the Authorities, in July and October 2020, to include properties in the PCF.
On December 30, 2020, the Company and the Authorities executed a second amendment to the Agreement (“Agreement for Compensation of Residents”) to terminate the Public-Interest Civil Action, through which the parties agreed to include in PCF the relocation of additional properties defined in the updated version of the Civil Defense Map, of December 2020, and in the independent technical and specialized studies engaged by the Company on the potential impact of the geological event on the surface of the region (“Studies”). The Agreement for Compensation of Residents includes the area currently affected by the geological event, according to the Civil Defense, and the areas with potential future impacts indicated in the Studies. The Company estimates that the total number of properties covered by PCF after the execution of the Second Amendment is around 15,000 properties.
To implement the actions envisaged in the Public-Interest Civil Action, the Company undertook to maintain R$2.7 billion in a checking account (R$1.7 billion under the Agreement and an additional R$1 billion under the Second Amendment), with minimum working capital of R$100 million, whose transactions will be verified by an external audit company. On September 30, 2021, arising from the costs incurred related to the PCF, the balance of this checking account corresponded to R$1,168,096 under current assets (R$1,322,725 on December 31, 2020). In addition, the Company and the Authorities agreed to: (i) create a technical group to monitor the geological event and study the areas adjacent to the Civil Defense Map for a period of five years; and (ii) maintain a performance bond in the amount of R$1.8 million (down from the R$2 billion performance bond envisaged in the Agreement).
54 |
Braskem S.A.
Notes to the unaudited condensed consolidated interim financial statements at September 30, 2021 All amounts in thousands, except as otherwise stated
|
With the judicial ratification by the courts of the Agreement for Compensation of Residents on January 6, 2021, this Public-Interest Civil Action was terminated.
(ii) Public-Interest Civil Action filed by the Alagoas State Federal Prosecution Office (MPF-AL) – Social-environmental reparation
Public-Interest Civil Action claiming the payment by the Company of indemnification for socio-environmental damages and other collective damages, as well as the adoption of corrective and environmental compliance measures, with preliminary injunction requiring the freezing of assets, suspension of borrowings with the BNDES, formation of an own private fund in the initial amount of R$3.1 billion and the pledging of guarantees in the amount of R$20.5 billion. The original amount of the action, initially at R$28.3 billion, was adjusted by a court decision to R$27.6 billion.
On December 30, 2020, the Agreement for Socio-environmental Reparation was executed, with the Company mainly undertaking to: (i) adopt measures to stabilize and monitor the subsidence phenomenon resulting from salt mining; (ii) repair, mitigate or compensate potential impacts and environmental damages arising from salt mining in the Municipality of Maceió; and (iii) repair, mitigate or compensate potential impacts and social and urban damages arising from salt mining in the Municipality of Maceió, as detailed below:
(i) To stabilize the cavities and monitor the soil, the Company will continue to implement the action plans involving the closure of mining fronts prepared by Braskem and approved by the ANM, whose measures can be adjusted until the stability of the subsidence phenomenon resulting from salt mining is verified.
(ii) Regarding the potential environmental impacts and damages resulting from salt mining in the Municipality of Maceió: as agreed with the MPF, the Company hired a specialized independent company to identify and recommend measures for recovering, mitigating or compensating any environmental impacts identified as the result of salt mining activities in Maceió. After the ongoing study is concluded, the Company will implement and pay for any measures recommended by the study and agreed upon between the Company and the MPF. Since the study is in progress, we cannot anticipate its outcome or if it will entail additional provisions.
(iii) Regarding potential impacts and social and urban damages arising from salt mining in the city of Maceió: to allocate the maximum amount of R$1,280 million for adopting actions and measures in vacated areas, urban mobility actions and social compensation actions.
Moreover, the Company and the MPF agreed to: (i) allocate the additional amount of R$300 million for indemnification for social and collective pain and suffering and possible contingencies related to actions in vacated areas and in urban mobility actions; (ii) constitute a security interest on certain assets of the Company in the amount of R$2.8 billion to replace the performance bond of R$ 1 billion; and (iii) engage specialized consulting firms to support the definition of actions established in the Agreement for Socio-environmental Reparation and the assessment of the Company’s Socio-Environmental program.
The Agreement for Socio-environmental Reparation was ratified by Court on January 6, 2021, with the termination of thePublic-Interest Civil Action for Socio-environmental Reparation with regard to Braskem. Moreover, this agreement provides for the possibility of including other parties, at the discretion of the main parties.
Finally, under the Agreement for Socio-environmental Reparation, on January 21, 2021 the Civil Investigation launched in June 2020 by the MPE was closed. It aimed to: (i) calculate the extent of the urban damages caused by the geological event that occurred in Maceió; (ii) seek, jointly with those entitled, necessary and adequate architectural solutions for the destination, restoration and/or use of the cited empty spaces left in the districts impacted; (iii) calculate, if applicable, potential compensatory liabilities for the damages caused to the urban order.
55 |
Braskem S.A.
Notes to the unaudited condensed consolidated interim financial statements at September 30, 2021 All amounts in thousands, except as otherwise stated
|
(iii) Public-Interest Civil Action filed by the Federal Public Defender’s Office (DPU): refusal of insurance within the scope of SFH
Public-interest civil action filed by DPU to question the denial of necessary insurance for contracts under the SFH (housing financial system) to acquire properties located within a radius of 1 km outside the risk area defined by the version 4 map of Civil Defense authorities, which is the subject matter of the Residents PCA agreement – v. item (i) above.
Insurers linked to SFH, financial agents, the regulatory agency and Braskem are the defendants. The main claim is only against the insurers, financial agents and the regulatory agency on the grounds that the refusal to contract the insurance is abusive and has no technical or legal grounds. There is a secondary and eventual claim to sentence Braskem to pay indemnification in an amount to be settled in the future, if the judge understands that the refusal somehow has grounds in the subsidence phenomenon.
It is not possible to estimate the indemnification amount, which will depend on the evidence of damages submitted by people whose insurance was denied.
(iv) Action for Damages: Pinheiro District Property
On February 2, 2021, the Company was notified of the filing of an action by Companhia Brasileira de Trens Urbanos (“CBTU”), formulating initially only a preliminary injunction for maintaining the terms of the cooperation agreement signed previously by the parties. The request was denied in lower and appellate courts, given the fulfillment of the obligations undertaken by Braskem. On February 24, CBTU filed an amendment to the initial request claiming the payment of compensation for losses and damages in the amount of R$221,600 and for moral damages in the amount of R$500, as well as the imposition of obligations, including the construction of a new rail line to substitute the stretch that passed through the risk area. CBTU attributes to the claim the approximate amount of R$1.3 billion. In parallel, the Company and CBTU are holding discussions to reach a better understanding of the matter.
The Management, supported by the opinion of the external legal advisors, classifies the probability of loss in this case as possible.
(v) Individual actions: Indemnifications related to the impacts of subsidence and relocation of areas affected
On September 30, 2021, Braskem was defendant in several actions, that, in aggregate, involve the amount of approximately R$822 million (R$573 million on December 31, 2020), filed by individuals in Brazil and abroad, seeking the payment of indemnifications directly or indirectly related to the geological event in Maceió.
25 Long-term incentive (“LTI”) plan
In 2018, the Extraordinary Shareholders
Meeting approved the Long-term Incentive Plan (“LTI Plan”), and the Board of Directors approved the "LTI Program 2018"
(Note 27.1 to the 2020 financial statements). In April 2021,
On April 14, 2021, the Board of Directors approved a new program (ratified on May 5, 2021), the “LTI Program 2021”, under the terms and conditions of the LTI Plan, including the list of eligible persons, the period for the acquisition of shares, and the number of shares to be delivered to participants as consideration for each own share acquired. The maximum number of shares the Company expects to deliver to participants under the LTI Program 2021, after the vesting period and provided that all requirements are met, is approximately
shares. The grant date of the program was May 10, 2021. The shares to be delivered by the Company to the participants of the LTI Program 2021 are those held in treasury or to be acquired via a repurchase program. If said shares cannot be delivered, the Company may pay participants in cash the amount equivalent to the shares, considering the trading price on the stock exchange on the second business day immediately before the respective payment date.
56 |
Braskem S.A.
Notes to the unaudited condensed consolidated interim financial statements at September 30, 2021 All amounts in thousands, except as otherwise stated
|
(a) Capital
Amount of shares | |||||||||||||||||
Preferred | Preferred | ||||||||||||||||
Common | shares | shares | |||||||||||||||
shares | % | class A | % | class B | % | Total | % | ||||||||||
Novonor | |
|
|
||||||||||||||
Petrobras | |
|
|
||||||||||||||
ADR | (i) | |
|
| |||||||||||||
Other | |
|
|
|
|
|
|||||||||||
Total | |
|
|
|
|
|
|||||||||||
Treasury shares | |
|
|
| |||||||||||||
Total | |
|
|
|
|
|
|
||||||||||
Authorised | |
|
|
|
(i)
In the period ended September 30, 2021,
shares held in treasury were delivered to participants of the LTI Program 2018, which was fully settled in April 2021 (Note 25).
57 |
Braskem S.A.
Notes to the unaudited condensed consolidated interim financial statements at September 30, 2021 All amounts in thousands, except as otherwise stated
|
(b) Other comprehensive income
Attributed to shareholders' interest | ||||||||||||||||||||
Deemed cost | Defined | Foreign | ||||||||||||||||||
and additional | Gain (loss) | Foreign | benefit | currency | Total | |||||||||||||||
indexation of | Fair value | on interest | sales | Cash flow | plans actuarial | translation | Braskem | Non-controlling | ||||||||||||
PP&E | adjustments | in subsidiary | hedge | hedge | Gain (loss) | adjustment | shareholders' | interest in | ||||||||||||
(ii) | (iii) | (i) | (iv) | (iv) | (v) | (vi) | interest | Braskem Idesa | Total | |||||||||||
On December 31, 2019 | ( |
( |
( |
( |
|
( |
( |
( | ||||||||||||
Additional indexation | ||||||||||||||||||||
Realization by depreciation or write-off assets | (29,942) | (29,942) | (29,942) | |||||||||||||||||
Income tax and social contribution | 10,181 | 10,181 | 10,181 | |||||||||||||||||
Deemed cost of jointly-controlled investment | ||||||||||||||||||||
Realization by depreciation or write-off assets | ( |
( |
( | |||||||||||||||||
Income tax and social contribution | 196 | |
| |||||||||||||||||
Fair value adjustments | ||||||||||||||||||||
Accounts receivable | |
| ||||||||||||||||||
Foreign sales hedge | ||||||||||||||||||||
Exchange rate | ( |
( |
( |
( | ||||||||||||||||
Transfer to result | |
| ||||||||||||||||||
Income tax and social contribution | |
|
| |||||||||||||||||
Fair value of Cash flow hedge | ||||||||||||||||||||
Change in fair value | ( |
( |
|
( | ||||||||||||||||
Transfer to result | ( |
( |
( |
( | ||||||||||||||||
Income tax and social contribution | |
| ||||||||||||||||||
Fair value of cash flow hedge from jointly-controlled (RPR) | |
|
| |||||||||||||||||
ILP PLan fair value | ||||||||||||||||||||
Change in fair value | |
( |
| |||||||||||||||||
Income tax and social contribution | ( |
( |
( | |||||||||||||||||
Foreign currency translation adjustment | |
( |
| |||||||||||||||||
Effect of CPC 42 / IAS 29 - hyperinflation | |
| ||||||||||||||||||
On September 30, 2020 | ( |
( |
( |
( |
|
( |
( |
( |
58 |
Braskem S.A.
Notes to the unaudited condensed consolidated interim financial statements at September 30, 2021 All amounts in thousands, except as otherwise stated
|
Attributed to shareholders' interest | ||||||||||||||||||||
Deemed cost | Defined | Foreign | ||||||||||||||||||
and additional | Gain (loss) | Foreign | benefit | currency | Total | |||||||||||||||
indexation of | Fair value | on interest | sales | Cash flow | plans actuarial | translation | Braskem | Non-controlling | ||||||||||||
PP&E | adjustments | in subsidiary | hedge | hedge | Gain (loss) | adjustment | shareholders' | interest in | ||||||||||||
(ii) | (iii) | (i) | (iv) | (iv) | (v) | (vi) | interest | Braskem Idesa | Total | |||||||||||
On December 31, 2020 | |
( |
( |
( |
( |
|
( |
( |
( | |||||||||||
Additional indexation | ||||||||||||||||||||
Realization by depreciation or write-off assets | (29,733) | (29,733) | (29,733) | |||||||||||||||||
Income tax and social contribution | 10,110 | 10,110 | 10,110 | |||||||||||||||||
Deemed cost of jointly-controlled investment | ||||||||||||||||||||
Realization by depreciation or write-off assets | ( |
( |
( | |||||||||||||||||
Income tax and social contribution | |
|
| |||||||||||||||||
Fair value adjustments | ||||||||||||||||||||
Accounts receivable | |
|
||||||||||||||||||
Foreign sales hedge | ||||||||||||||||||||
Exchange rate | ( |
( |
( |
( | ||||||||||||||||
Transfer to result | |
| ||||||||||||||||||
Income tax and social contribution | ( |
( |
( |
( | ||||||||||||||||
Fair value of Cash flow hedge | ||||||||||||||||||||
Change in fair value | | |||||||||||||||||||
Transfer to result | |
|
| |||||||||||||||||
Income tax and social contribution | ( |
( |
( |
( | ||||||||||||||||
Fair value of cash flow hedge from jointly-controlled (RPR) | |
|
| |||||||||||||||||
Actuarial loss with post-employment benefits, net of taxes | |
| ||||||||||||||||||
ILP PLan fair value | ||||||||||||||||||||
Change in fair value | ( |
( |
( |
( | ||||||||||||||||
Income tax and social contribution | |
| ||||||||||||||||||
Foreign currency translation adjustment | |
( |
| |||||||||||||||||
Effect of IAS 29 - hyperinflation | |
|
| |||||||||||||||||
On September 30, 2021 | |
( |
( |
( |
( |
|
( |
( |
( |
59 |
Braskem S.A.
Notes to the unaudited condensed consolidated interim financial statements at September 30, 2021 All amounts in thousands, except as otherwise stated
|
Basic and diluted | ||||||
Sep/2021 | Sep/2020 | |||||
Profit (loss) for the period attributed to Company's shareholders | ( | |||||
Distribution of priority dividends attributable to: | ||||||
Preferred shares class "A" | ||||||
Preferred shares class "B" | |
|||||
Distribution of 6% of unit price of common shares | ||||||
Distribution of excess profits, by class: | ||||||
Common shares | ||||||
Preferred shares class "A" | ||||||
|
||||||
Reconciliation of income available for distribution, by class (numerator): | ||||||
Common shares | ( | |||||
Preferred shares class "A" | ( | |||||
Preferred shares class "B" | |
( | ||||
( | ||||||
Weighted average number of shares, by class (denominator): | ||||||
Common shares | |
| ||||
Preferred shares class "A" | |
| ||||
Preferred shares class "B" | ||||||
|
| |||||
Profit (loss) per share (in R$) | ||||||
Common shares | ( | |||||
Preferred shares class "A" | ( | |||||
Preferred shares class "B" | |
( |
60 |
Braskem S.A.
Notes to the unaudited condensed consolidated interim financial statements at September 30, 2021 All amounts in thousands, except as otherwise stated
|
Weighting of shares
Sep/2021 | ||||||||||
Preferred shares | ||||||||||
Class "A" | ||||||||||
Outstanding | Weighted | |||||||||
shares | average | |||||||||
Amount at beginning of the period | ||||||||||
Incentive long term plan payments with treasury shares | |
| ||||||||
Amount at the end of the period |
28 Net revenues
Sep/2021 | Sep/2020 | ||||
Sales revenue | |||||
Domestic market | |||||
Revenue | |
| |||
Rebates | ( |
( | |||
|
| ||||
Foreign market | |||||
Revenue | |
| |||
Rebates | ( |
( | |||
|
| ||||
|
| ||||
Sales and services deductions | |||||
Taxes | |||||
Domestic market | ( |
( | |||
Foreign market | ( |
( | |||
Sales returns | |||||
Domestic market | ( |
( | |||
Foreign market | ( |
( | |||
( |
( | ||||
Net sales and services revenue | 77,413,096 | |
61 |
Braskem S.A.
Notes to the unaudited condensed consolidated interim financial statements at September 30, 2021 All amounts in thousands, except as otherwise stated
|
29 Other income (expenses), net
Note | Sep/2021 | Sep/2020 | |||
Other income | |||||
PIS and COFINS credits - exclusion of ICMS from the calculation basis | 8 | |
| ||
Fixed assets disposal results | |
( | |||
Fine on supply contract of raw material | |
| |||
Tax credits recovery | |
| |||
Other | |
| |||
|
| ||||
Other expenses | |||||
Provision for environmental liabilities and other damages | 21 | ( |
( | ||
Fine on purchase and sale contracts | ( |
||||
Allowance for attorney´s fees and judicial claims, net of reversals | ( |
( | |||
Expenses with plant maintenance | ( |
( | |||
Provision for damages - Alagoas | 24 | ( |
( | ||
Other | ( |
( | |||
( |
( |
30 Financial results
Note | Sep/2021 | Sep/2020 | |||||
Financial income | |||||||
Interest income | |
| |||||
Monetary variations on tax credits | 8(a) | |
| ||||
Other | |
| |||||
|
| ||||||
Financial expenses | |||||||
Interest expenses | ( |
( | |||||
Monetary variations on fiscal debts | ( |
( | |||||
Discounts granted | ( |
( | |||||
Loans transaction costs - amortization | ( |
( | |||||
Adjustment to present value - appropriation | ( |
( | |||||
Interest expense on leases | ( |
( | |||||
Losses on derivatives | ( |
( | |||||
Other | ( |
( | |||||
( |
( | ||||||
Exchange rate variations, net | |||||||
On financial assets | |
| |||||
On financial liabilities | ( |
( | |||||
( |
(7,325,580) | ||||||
Total | ( |
( |
62 |
Braskem S.A.
Notes to the unaudited condensed consolidated interim financial statements at September 30, 2021 All amounts in thousands, except as otherwise stated
|
31 Expenses by nature and function
Sep/2021 | Sep/2020 | |||||
Classification by nature: | ||||||
Raw materials other inputs | ( |
( | ||||
Personnel expenses | ( |
( | ||||
Outsourced services | ( |
( | ||||
Depreciation and amortization | ( |
( | ||||
Freights | ( |
( | ||||
Costs of idle industrial plants | ( |
( | ||||
Provision - geological event in Alagoas | ( |
( | ||||
PIS and COFINS credits - exclusion of ICMS from the calculation basis | |
| ||||
Other general and administrative expenses | ( |
( | ||||
Total | ( |
( | ||||
Classification by function: | ||||||
Cost of products sold | ( |
( | ||||
Selling and distribution | ( |
( | ||||
(Loss) reversals for impairment of trade accounts receivable | (15,036) | |||||
General and administrative | ( |
( | ||||
Research and development | ( |
( | ||||
Other income | |
| ||||
Other expenses | ( |
( | ||||
Total | ( |
( |
32 Segment information
Sep/2021 | |||||||||||||||
Operating expenses | |||||||||||||||
Net | Cost of | Selling, general | Results from | Other operating | |||||||||||
sales | products | Gross | and distribuition | equity-accounted | income | Consolidated | |||||||||
revenue | sold | profit | expenses | investees | (expenses), net | ||||||||||
Reporting segments | |||||||||||||||
Brazil | ( |
|
( |
( |
| ||||||||||
USA and Europe | ( |
|
( |
( |
| ||||||||||
Mexico | |
( |
|
( |
( |
| |||||||||
Total | 79,356,940 | (53,680,656) | 25,676,284 | (2,129,880) | (622,527) | 22,923,877 | |||||||||
Other segments | |
( |
|
|
( |
| |||||||||
Corporate unit | ( |
|
(i) | ( | |||||||||||
Braskem consolidated before eliminations and reclassifications |
( |
|
( |
( |
( |
| |||||||||
Eliminations and reclassifications | ( |
|
( |
( |
( |
( | |||||||||
Total | 77,413,096 | ( |
25,355,128 | ( |
( |
( |
|
(i) |
63 |
Braskem S.A.
Notes to the unaudited condensed consolidated interim financial statements at September 30, 2021 All amounts in thousands, except as otherwise stated
|
Sep/2020 | |||||||||||||||
Operating expenses | |||||||||||||||
Net | Cost of | Selling, general | Results from | Other operating | |||||||||||
sales | products | Gross | and distribuition | equity-accounted | income | Consolidated | |||||||||
revenue | sold | profit | expenses | investees | (expenses), net | ||||||||||
Reporting segments | |||||||||||||||
Brazil | ( |
|
( |
( |
( | ||||||||||
USA and Europe | ( |
|
( |
|
| ||||||||||
Mexico | |
( |
|
( |
|
| |||||||||
Total | ( |
|
( |
( |
| ||||||||||
Other segments | |
( |
|
|
( |
| |||||||||
Corporate unit | ( |
|
( | ||||||||||||
Braskem consolidated before eliminations and reclassifications |
( |
|
( |
( |
( |
( | |||||||||
Eliminations and reclassifications | ( |
( |
( |
( |
( | ||||||||||
Total | 39,805,121 | ( |
6,271,756 | ( |
( |
( |
( |
33 Contractual obligations
The Company has various obligations under energy agreements. Part of these long-term agreements related to the acquisition of renewable wind and solar energy, effective until 2042, amount to R$ on the date of this interim financial information.
34 Subsequent events
(a) | In October 2021,
the subsidiary Braskem Idesa issued US$ in sustainability-linked bonds (SLB). The bonds due in 10 years have an interest rate
of 7% p.a., which may be increased by up to 37.5 bps if certain conditions are not met. The proceeds obtained from the bonds plus a credit
line of US$ |
(b) |
(c) | In December 2021, the revolving credit facility in the amount of US$ (R$5.4 billion) mentioned in Note 2.4, used when necessary to maintain the Company´s financial health and liquidity, was extended to December 2026. In addition, by the approval date of this consolidated interim financial information, the credit line was not borrowed by the Company. |
(d) | In October 2021, the Company obtained provisional relief to exclude ICMS tax incentives and benefits applicable to its operations, granted by the States and the Federal District, from the income taxes calculation basis as of 2021, which will result in a reduction in cash disbursement in 2021 of approximately R$1.1 billion. This decision considers the Company's thesis defense that incentives and benefits are investment subsidies, under article 30 of Law 12973/2014 and Complementary Law 160/2017, and, consequently, are not taxable for income tax purposes. The subject matter is under evaluation by relevant bodies. Given the initial stage of the lawsuit and the diversity of incentives and benefits granted by the States, based on its assessment and external legal advisors, the Company considered the matter an uncertain tax treatment; therefore, the amount of R$1.1 billion will remain recorded in the annual financial statements as taxes payable. |
(e) | As mentioned in Note 24, in December 2021, as part of the Company’s actions, additional measures were included in the salt well closure plan and preliminary actions related to the progress of environmental diagnosis. The resulting actions and updates arising from the normal course of measures in progress were recorded in this condensed consolidated interim financial information, in the amount of R$904 million, net of present value adjustment. Other events, such as monetary update of the socio-environmental agreement and additional measures for maintenance of the areas, which are classified as non-adjusting events in accordance with IAS 10, will be recorded in the annual financial statements of 2021 and are estimated at R$542 million, net of present value adjustment. |
(f) | On January 5, 2022, Braskem S.A. issued Agribusiness Receivables Certificate (“CRA”) in the amount of R$721 million, with interest rates of IPCA inflation index plus 5.5386% per year and IPCA plus 5.5684% per year for the series maturing in 7 and 10 years, respectively. |
64 |
|
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: January 14, 2022
BRASKEM S.A. | |||
By: | /s/ Pedro van Langendonck Teixeira de Freitas | ||
Name: | Pedro van Langendonck Teixeira de Freitas | ||
Title: | Chief Financial Officer |
DISCLAIMER ON FORWARD-LOOKING STATEMENTS
This report on Form 6-K may contain forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995. These statements are statements that are not historical facts, and are based on our management’s current view and estimates of future economic and other circumstances, industry conditions, company performance and financial results, including any potential or projected impact of the geological event in Alagoas and related legal proceedings and of COVID-19 on our business, financial condition and operating results. The words “anticipates,” “believes,” “estimates,” “expects,” “plans” and similar expressions, as they relate to the company, are intended to identify forward-looking statements. Statements regarding the potential outcome of legal and administrative proceedings, the implementation of principal operating and financing strategies and capital expenditure plans, the direction of future operations and the factors or trends affecting our financial condition, liquidity or results of operations are examples of forward-looking statements. Such statements reflect the current views of our management and are subject to a number of risks and uncertainties, many of which are outside of the our control. There is no guarantee that the expected events, trends or results will actually occur. The statements are based on many assumptions and factors, including general economic and market conditions, industry conditions, and operating factors. Any changes in such assumptions or factors, including the projected impact of the geological event in Alagoas and related legal proceedings and the unprecedented impact of COVID-19 pandemic on our business, employees, service providers, stockholders, investors and other stakeholders, could cause actual results to differ materially from current expectations. Please refer to our annual report on Form 20-F for the year ended December 31, 2020 filed with the SEC, as well as any subsequent filings made by us pursuant to the Exchange Act, each of which is available on the SEC’s website (www.sec.gov), for a full discussion of the risks and other factors that may impact any forward-looking statements in this presentation.