DANIEL LAPRéS, Avocat
REGULATION CHINOISE DES
FLUX INTERNATIONAUX DE CAPITAUX
ET DES
INVESTISSEMENTS CHINOIS A L'ETRANGER
par
Daniel
Arthur Laprès
Avocat au Barreau de Paris
Barrister & Solicitor (Nova Scotia Canada)
en coopération avec Kunlun Law Firm, Chine
Paris, le 20 septembre 2007
NEWS/ACTUALITÉS
Extracts from news reports
Extraits de reportages
DOW JONES NEWSWIRES
CICC is the first Chinese brokerage to receive regulatory approval to
invest in overseas securities.
So far, the CSRC has approved only a handful of fund management companies,
inluding China Southern Fund Management Co., China Asset Management Co.
and Harvest Fund Management Co., to launch their QDII business.
China's foreign-exchange regulator said Monday it recently launched
a trial program in the Tianjin Binhai New Area allowing individuals to
invest directly in overseas securities products, as part of Beijing's efforts
to widen channels for capital outflows.
China allows direct offshore investments (FT)
China's capital markets on Monday took a significant step towards integration
with the rest of the world when Beijing announced it would allow individuals
directly to buy securities offshore for the first time.
Investors will be able to open accounts at Bank of China branches across
the country to trade securities listed in Hong Kong, whose markets, unlike
the main
China's State Administration of Foreign Exchange (Safe) also said these
investments, under a pilot scheme awaiting final approval, would be exempt
from a $50,000 (€37,000, £25,000) limit on the amount of foreign
currency Chinese citizens could buy or sell every year.
Northeast Securities set for back-door listing (SCMP)
Northeast Securities will become the second mainland securities firm
to complete a back-door listing this year when it begins trading on the
HSI rallies amid news of wider share scheme for investors
A pilot scheme to allow mainland investors to buy Hong Kong stocks will
be extended to
Investors will have to open an account with the Bank of China branch
in Tianjin before trading the shares there. The city had previously been
designated as a testing ground for currency reforms before the government
allowed them to expand to a regional or national level.
Big institutional investors such as insurance companies have already
been given the green light to put part of their funds into overseas assets
-- as much as $95 billion this year, according to estimates by J.P. Morgan.
And individual investors in China can buy mutual funds and other investment
products that give them access to international stocks and bonds, though
the heady gains in China's domestic stock market have helped mute interest
so far.
Investors who want to take advantage of the trial program must open
accounts at Bank of China Ltd.'s branch in Tianjin, a northern port city
near Beijing, and the bank's Hong Kong brokerage arm, BOCI Securities Ltd.
Tianjin has been designated as a trial area for some financial overhauls,
but in practice investors elsewhere in China will also be able to open
accounts there.
Chinese residents normally aren't permitted to buy more than $50,000
of foreign currency in a year, but investments in the program won't be
subject to that limit. However, at least initially, investors will be able
to buy and sell only securities traded on Hong Kong's stock exchange.
Beijing moves to open up markets (FT)
China's capital markets on Monday took a significant step towards integration
with the rest of the world when Beijing announced it would allow individuals
directly to buy securities offshore for the first time.
Although the change will enable Chinese citizens to invest directly
in all Hong Kong traded securities, investors are expected to focus on
Chinese companies, which trade at an average 50 per cent discount to the
mainland.
China's capital controls (FT)
Add in the fact that the move was made ahead of the party congress meeting
and this starts to look like a fundamental change of policy. Allowing unlimited
renminbi to leave the country Ï a not unappealing prospect for the
$2,200bn idling in deposits Ï is the boldest step yet in the march
towards capital account liberalisation.
But it does reflect confidence. Having presided over one of the world*s
best-performing markets, the authorities are allowing investors to liquidate
their holdings and buy the same stocks across the border, where the 40-odd
dual-listed shares are on average 75 per cent cheaper.
The rub is that most Chinese investors are likely to continue investing
in momentum at home rather than value across the border. It is also worth
bearing in mind that, tricky though they may be to execute, policy reversals
are always possible, say, if too much money heads for the exit. That may
explain why Beijing was sufficiently confident to pull this off Ï
but it should not stop investors in the Hong Kong market feeling supremely
smug.
China Is Admitted Into Anti-Laundering Group (WSJ)
China's entry as a full member of the Financial Action Task Force on
Money Laundering stands to boost the ambitions of the country's cash-rich
state banks as they try to expand overseas.
China's legislature passed an anti-money-laundering law in October that
took effect Jan 1. More recently, regulators have issued "know-your-customer"
rules that require banks, brokerages and other institutions to keep records
of major transactions and regularly verify the identity of their clients.
The Group of Seven nations established the FATF in 1989. It sets standards
to prevent money laundering and to share best practices among national
regulators. After the Sept. 11, 2001, terrorist attacks, the FATF added
combating terrorist financing to its mission.
The FATF began considering China's membership in 1998 and allowed the
country to join as an observer in January 2005, China's central bank said.
China's acceptance as a full member comes after the U.S. threw its weight
behind China's bid. At the conclusion of the second round of the U.S.-China
Strategic Economic Dialogue in May, the U.S. said it "strongly supports"
China's membership in FATF.
Hong Kong, an important financial center for China, has been a member
since 1991.
Since its introduction last year, the QDII program has failed to channel
much of China's savings overseas. Yin Long, a banking regulatory official
overseeing the program, said in late May that banks had used up less than
$1 billion of the nearly $15 billion in quotas issued.
China's foreign-exchange regulator granted ICBC a foreign-exchange quota
of $2 billion for QDII investments in the first batch of quotas it issued
in July last year. The regulator has halted new quota issuances in recent
months due to the lack of demand.
Authorities to crack down on illegal forex inflows (SCMP)
The agency said an initiative launched last November, in which more
than 5,300 export firms were earmarked as needing close attention because
they were suspected of dealing in speculative capital through disguised
trade flows, was showing initial results.
It said that between November and April, annual growth in accounts receivable
by all trade-related firms had dropped 44 percentage points compared with
the first 10 months of last year.
That list now numbered nearly 5,800 firms.
SAFE said earlier this week that it had scrapped rules dating back to
1999 that had provided incentives for exporters to bring home as much foreign
currency as they could.
China on Wednesday signalled it was prepared to accept foreign private
equity groups, folllowing last week's introduction of a law to encourage
its fledgling domestic private equity industry.
Total private equity investment in mainland Chinese companies so far
this year has slowed to $2.44bn, compared with $7.3bn in 2006, after Beijing
introduced legislation last September to block the use of an offshore corporate
structure used by most homegrown and international private equity groups.
A new law that came into effect last Friday establishes a legal framework
for private equity and venture capital funds in China, by recognising their
unique structure and simplifying the taxes they have to pay. The new law
really throws the door wide open for onshore private equity and venture
capital Rmb-denominated funds,î says Lester Ross, managing partner
at WilmerHale law firm in Beijing.
August 23, 2007
SHANGHAI (Dow Jones)--China International Capital Corp., in which Morgan
Stanley (MS) holds a 34.3% stake, received approval from China's securities
regulator to invest overseas under the country's Qualified Domestic Institutional
Investor program, a company official said Thursday.
Under China's QDII program, brokerages and fund management companies
can raise money in either yuan or foreign currencies from institutions
and individuals in China to invest abroad.
By Jamil Anderlini in Beijing
Published: August 21 2007
nland's, are integrated with the global economy.
Nevin Nie
Aug 23, 2007
Mainland investors who flocked to buy qualified domestic institutional
investor (QDII) products have learned a lesson that it is not easy to make
quick gains from overseas stocks. Investments have shrunk amid the global
rout triggered by the US subprime mortgage crisis.
Tim LeeMaster and Nevin Nie
Aug 22, 2007
Shanghaiif it succeeds in Tianjin, the first to offer the programme,
according to reports yesterday.
By Jamil Anderlini in Beijing
Published: August 20 2007
Published: August 21 2007
By RICK CAREW in Shanghai and MAX COLCHESTER in Paris
July 2, 2007
Many financial regulators, including the Federal Reserve, consider
FATF's endorsement of a country's anti-money-laundering efforts an indication
of whether a local bank is sound enough to operate abroad. China was voted
into the organization by a plenary meeting of the international governmental
body Thursday in Paris. The decision was announced Friday.
Industrial & Commercial Bank of China Ltd. and China Merchants
Bank Co., have applied to open branches in New York. Currently, just two
Chinese banks -- Bank of China Ltd. and Bank of Communications Co. -- have
branches in the U.S.
Reuters in Beijing
Updated on Jul 12, 2007
Among the firms receiving special scrutiny, the foreign exchange income
that was in excess of their actual sales had dropped by 40 per cent between
the end of last September and the end of April.
Beijing opens door to foreign buy-outs (FT)
By Jamil Anderlini and Sundeep Tucker in Hong Kong
Published: June 6 2007
The law allows large investors in investment funds to enjoy limited
liability and removes a rule that imposed taxes on partnerships and their
individual partners, encouraging domestic and foreign private equity groups
to use a Cayman Islands-registered offshore structure.
Cabinet d'avocats