HKSE To Tighten Listing Regulations

by Paul Denlinger

Posted Feb. 3, 2004

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The Hong Kong Stock Exchange (HKSE) plans to tighten regulations for companies planning to list in Hong Kong. In particular, the exchange plans to work to attract companies capitalized at more than HK$4 billion and with more than 300 employees. In addition, it plans to tighten regulations on companies which have listed using reverse mergers.

Analysts believe that the new regulations will pressure smaller companies and reverse mergers to list before the deadline at the end of March.

The new regulations are widely seen as favoring larger companies capitalized at more than HK$400 million and with more than 300 employees because they are omitted from the requirement that they have annual earnings of moreHK$50 million in the first three years. However, they are still required to have annual sales of more than HK$500 million.

The number of shareholders will also have to go up from the current 100 to 300, which puts it in line with general international regulations. It also limits the the holdings of strategic investors.

Strategic investors are widely used by Chinese state-owned enteprises listing in Hong Kong. Investment bankers will frequently line up a famous strategic investor to convince investors to invest in the Chinese company. In return, the strategic investor gets a significant number of shares in the company.

Reverse mergers have also been widely used in Hong Kong. A company which seeks listing will inject its assets into a non-performing listed company, issue new financials, and become listed. In China, this listing strategy is often known as "going through the back door."

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