Financial Regulatory Forum

Bankers, broker-dealers should do their homework before saying ‘yes’ to Chinese companies

By Cavas Pavri, Thomson Reuters Accelus contributing author

NEW YORK, Aug. 26 (Thomson Reuters Accelus) – The considerable negative publicity surrounding Chinese companies listed in the United States has made it increasingly difficult for investors to separate the undervalued from the fraudulent. Essential for success: Taking a close look at the firms’ auditors and corporate governance practices going forward.

In April 2011, the Securities and Exchange Commission (SEC) acknowledged that it had established a task force to address what it deemed to be abuses by Chinese companies accessing the U.S. markets through the use of reverse merger transactions. SEC Commissioner Luis Aguilar referred to the proliferation of these companies as a “disturbing trend that seems to have challenging implications for capital formation and investor protection.” In addition to the SEC, the U.S. national stock exchanges have been taking more aggressive actions against Chinese companies. In 2011, almost two dozen Chinese companies have seen trading in their securities halted or have been delisted because of accounting irregularities.

This article discusses areas that investors should focus on in performing their due diligence on investments in Chinese companies.

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China indicts Rio staff for bribery, commercial secrets

By Ben Blanchard and Chris Buckley

BEIJING, Feb 10 (Reuters) – China has indicted four employees of Anglo-Australian mining giant Rio Tinto on charges of bribery and stealing business secrets, setting the stage for a trial in the case that has jangled investor nerves.

The four who are set to stand trial in Shanghai include Australian citizen Stern Hu, state news agency Xinhua said on Wednesday.

If found guilty, they could face up to seven years in jail on the commercial secrets charge, and up to 20 years on the bribery charge, said Zhang Peihong, a lawyer for one of the accused Chinese nationals.

HK central bank warns of asset price risk, fund inflows

Hong Kong Monetary Authority Chief Executive Norman Chan, replacing the outgoing Joseph Yam, speaks to reporters in Hong Kong July 17, 2009.   REUTERS/Bobby Yip   (CHINA POLITICS BUSINESS   By Susan Fenton
HONG KONG, Nov 20 (Reuters) – Hong Kong’s central bank chief Norman Chan warned that asset prices in the city could climb sharply next year and disconnect from fundamentals, raising the risk of a bubble, and said surging capital inflows posed a dilemma for policymakers across Asia.

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Experts say US tax disclosure bill could deter foreign capital

By Karey Wutkowski
WASHINGTON, Nov 5 (Reuters) – Tax experts on Thursday raised concerns that pending U.S. legislation to ramp up disclosure of offshore accounts could scare away foreign capital.

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E.U. business group says China backslides on access reforms

BEIJING, Sept 2 (Reuters) – China is backsliding on reforms to open up its economy to foreign business, thereby hindering competition and imperilling its shift to a new model of sustainable growth, the European Union Chamber of Commerce in China said on Wednesday.

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No plan to ease foreign cap on India debt-source

   NEW DELHI, July 21 (Reuters) – India has no plan as of now to raise the limit on foreign investment in government debt securities, a senior finance ministry source said on Tuesday, after a newspaper reported policymakers may ease the cap.
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