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LEHMAN, LEE & XU China & Mongolian Lawyers
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China Capital Markets law In The News
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July 2012
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The China Law News keeps you on top of business, economic and political events in the China. |
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In the News |
China mulls cut in asset requirement for foreign investors |
China is proposing to slash the asset requirements for foreign institutions wanting to invest in its stock markets as it seeks to boost foreign investment and open up its capital markets. |
China Bond Market Ready for Takeoff After Bold Moves |
China is the opposite of other major economies when it comes to companies’ ability to raise money by issuing bonds. China’s 4.2 trillion yuan ($666 billion) corporate bond market is just 9 percent of its gross domestic product. In the U.S., the $7.9 trillion in fixed-income securities is equal to more than half the size of economic output. The government wants to change that, to give corporate bonds a bigger role in boosting growth and to divert risk from the state-owned banking system that provides 75 percent of the nation’s credit. A mature bond market also would provide funding for capital-hungry small businesses that have few options beyond the unregulated world of shadow banking, which officials are seeking to wrestle under control. Guo Shuqing, the 56-year-old head of the China Securities Regulatory Commission, has taken steps to consolidate regulatory power over bonds since he became chairman seven months ago. He’s set up an office to study new products, and in May the CSRC, the equivalent of the U.S. Securities and Exchange Commission, said it’s considering introducing municipal bonds. In early June, Guo launched a plan to allow small and medium-sized companies to sell debt comparable to speculative-grade bonds in other market. “International experience shows that overreliance on bank credit in a financial system can, under certain circumstances, lead to systemic risk,” Guo told the official People’s Daily newspaper in March, saying that the bond market, which provides 13 percent of China’s debt, “seriously” lags behind the demands of the real economy and needs to develop. Power Grab Guo’s unilateral power grab may create conflict, said Fraser Howie, Singapore-based managing director of CLSA Asia- Pacific Markets who co-authored the book “Red Capitalism” on China’s financial system. “Clearly there are others who are going to want to have a say when it comes to the fixed-income world,” Howie said. “What he needs to do is pick fights he can win.” If anyone can, it may be Guo. As head of the State Administration of Foreign Exchange in 2001-2005, he pushed through reforms by forging relationships between departments and building support, according to Hong Weizhi, a former spokesman for SAFE who worked with the chief regulator. “Maybe only he can bring things together, only he can persuade relevant departments,” Hong said. “You need not worry when you hand a job to him. He attaches great importance to coordination and always puts state interests before his own agency’s.” In April, the three bond-market regulators held their first meeting to coordinate policy on corporate securities, according to the central bank’s website. “In the long run there should be a unified supervision of this market,” said Wang Ge, an executive director in debt capital markets at Goldman Gaohua Securities Co., Goldman Sachs Group Inc.’s joint venture in China. “Investors are eager to invest in corporate bonds, but the market is not sophisticated enough to allow them to hedge credit risk.” Junk’s Debut The debut sale went ahead as a private placement on June 8, with a 50-million-yuan offering by Suzhou Huadong Coating Glass Co., based in the eastern province of Jiangsu, according to a release on the Shanghai Stock Exchange. “For a mature bond market we should allow some firms to go bust,” said John Sun, managing director at Citic Securities International in Hong Kong. “The high-yield issuers will be small companies, so the impact on the whole market will be small, but psychologically it can impact the market sentiment because it’s never happened before.” Although foreign banks, through joint ventures, can trade in bonds and underwrite them on the CSRC-regulated bond market via the two stock exchanges in Shanghai and Shenzhen, they mostly remain shut out of underwriting on the interbank market, which is 20 times larger and closed to individual investors. Only HSBC “It’s awfully hard to see a foreign bank getting in, in a big way, in the early stages because the large local institutions are going to have to dominate to ensure that it works,” said Jim Antos, a Hong Kong-based analyst at Mizuho Securities Asia Ltd. “A Chinese corporate would feel they have a better chance of success with a big local institution. That’s the law of the jungle.” Foreign Underwriting “European banks in China welcome the efforts made so far by the regulators to establish a strong liquid domestic bond market,” Dirk Moens, secretary general of the European Union Chamber of Commerce in China, said in a statement that urged China to “clarify the approval process and grant faster access to those qualified banks.” Guo, a visiting scholar at Oxford University in 1986-87 who makes speeches in fluent English, has been pushing open China’s capital markets to foreign investors, an effort that had languished under his predecessor. Market Priming For years China’s bond market has meant shuffling money between state organs, with state-owned companies selling their paper to state-owned banks at controlled interest rates and banks holding the bonds on their books. Regulators have cornered different segments of the market: the NDRC primarily approves bond issuances of state-owned companies connected to local governments and the central government; the People’s Bank of China, or central bank, approves unlisted companies’ bonds; the CSRC handles companies already listed on the exchanges. Expanding Reach Guo’s junk-bond plan expands the reach. It allows small and medium-sized companies to access funds, and investors to receive yields as much as three times the bank-lending rate. Companies, including unlisted ones, could also sell debt without administrative approvals, allowing the market to decide credit risk rather than the state. “Commercial banks are very conservative in bond investing, so it’s not likely they will hold a large portion of the SME bonds,” said Wilson Li, a Shenzhen-based analyst at Guotai Junan Securities Co., naming mutual funds and insurance companies as the potential investors. “That shifts risk away from the banks.” Few Tools Guo started early as a reformer. Born in 1956 in sparsely populated Inner Mongolia just ahead of China’s Great Leap Forward, Guo was dispatched to a rural work team during the Cultural Revolution in the 1970s. He published his first article, “Investigations on Reforming the Chinese Economy,” in 1984 while a Master’s student in Marxist and Leninist theory. Politician’s Manner Li Yang, vice president of the Chinese Academy of Social Sciences, the top state-supported research body, echoed the need in a forum in May, as cited by the official Xinhua news agency. He warned that corporate debt has exceeded warning levels, and companies could default on bank loans if the economy slows. The central bank, the People’s Bank of China led by Zhou Xiaochuan, who had headed the China Construction Bank Corp. before Guo, manages the interbank market. Zhou led the first meeting of the inter-ministerial coordination mechanism for corporate bonds in April. Fast Track The NDRC plans to allow at least 500 billion yuan in a record for corporate-debt issuance this year, double the 2011 amount, according to a summary of a private talk by an NDRC official viewed by Bloomberg News. It has adopted a fast-track process for sales of public-housing debt by local governments, an official familiar with the decision said. China has overwhelmingly relied on state-owned bank credit for its economic growth since reforms to the planned economy began in 1978. The ratio of all the financing in the economy to gross domestic product reached an all-time high of 44 percent in the first quarter of 2011, according to HSBC. In the early 1990s, Korea managed to wean state-owned borrowers off bank lending, Kim Eng Tan, a credit analyst at Standard & Poor’s LLC said. “They had a problem with state-owned companies financing only from banks, but when the bond market started, all the big companies rushed to the bond market, leaving the banks with no customers, freeing them up to lend to small and medium-sized companies,” he said. “If you free the largest conglomerates to go to the bond market you solve the SME problem.” In China’s system, that would require coordination among regulators that have overseen separate aspects of the bond market for more than a decade. “When Guo stepped in he said we need more flexibility, we need to encourage more products in this market,” Citic Securities’ Sun said. “He’s a very capable guy. When he was in China Construction Bank he did a good job there, but of course at his current position a lot of politics will be involved.” Guo’s writings have demonstrated that he’s aware of the challenge. In his essay introduction, he noted the difficulties. “Changing the settled mindset and behavior of those involved in economic activity and leaders,” Guo wrote, “is not a simple study class, where you can attend some training sessions and finish the task.” Web link: http://www.bloomberg.com/news/2012-06-11/china-bond-market-ready-for-takeoff-after-bold-moves.html |
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