摘要:由于大多数的民营企业上市的有经验的人员缺乏,所以中国企业去海外上市与投资银行的帮助下,首先需要有一个完整的熟悉海外市场的标准化程序和流程。然而,中介机构往往混杂,一些投资银行可能不完全适合这个业务框架,企业,投资银行之间的激烈竞争,为了吸引更多的客户,会有一些隐藏的行为,这些都将成为未来潜在的威胁。
urities issuance process of information disclosure or improper transactions , whereas once confirmed , private enterprises will have to face the high investor claims , harsh economic sanctions , and may even be criminal liability. Private enterprises may occur in the following situations lead to legal liability : breach issue procedures, disclosure of false information , fraudulent or manipulative trading. In addition to these more common alleged litigation matters, securities issuers and private enterprise as a listed company , in other areas such as repurchase company stock , voting delegate also induce other potential legal liability.
In early 2010, 16 Chinese enterprises in the United States suffered a class action . However , this is not infrequent events , the data show that about 8% after the listing of Chinese companies have encountered similar proceedings . The main reason these companies are being sued , including the prospectus , financial or operational reports false or misleading information , concealment or timely disclosure of important business information. This led to the company fell , causing losses to investors . Investors believe that their original purchase price of these shares was artificially inflated .
The most typical example is once financial magazine "Fortune " named for the 2002 Global 500 China Life, in December 2003 as " China Life
Insurance Company Limited ," the name also listed in Hong Kong and New York , a total of 7.44 billion shares outstanding shares , which raised $ 3.48 billion , a record year global initial public offering (IPO) recorded the highest amount of funding . However, due to the company's stock on □ ago undisclosed "negative audit results " message , the formation of overvalued , making the news came to light , causing investors fell due to heavy losses , resulting in a class action by the United States investors .
The investors of " willful failure to disclose known negative facts" collective proceedings to China Life . The reason is because China Life IPO in its issue during the Chinese National Audit Office has been known before the company in 2002 and earlier years carried out a routine audit , and the company issued a negative audit findings , but because of China Life Insurance deliberately blocked this message, when the formation of China Life -chip stocks overvalued , causing investors in the news came to light losses due to dropped .
Private enterprises listed overseas financing process must consider the problem will face cost pressures . Listing costs depends mainly on the place of listing , the listed methods , the scale of funding , market conditions and the agency fees . The high cost of overseas listed the lack of funding for the already small and medium private enterprises is a dilemma , choose the right way to market is a private enterprise must carefully consider.
Compared with the RTO , making the shell listing the risks and costs are relatively low . Making the shell listing process , private enterprises registered abroad by foreign holding companies under the jurisdiction of the relevant laws and regulations , which may be present in the country accounting, auditing and legal system is not yet fully with the international community in the case , to obtain legal recognition of overseas securities markets , thus to achieve the purpose of
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