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Publicly listed companies can be administratively forced out of
the Chinese securities market. In an effort to focus the development
of PRC securities markets, the Measures for the Suspension and Termination
of Publicly Listed Companies Suffering Losses (the "Measures")
were recently implemented. Somewhat similar to NASDAQ de-listing
parameters, the Measures establish trigger mechanisms for the conditions
of and procedures for suspension, reinstatement and/or termination
of a company's listing in the securities market.
According to the Measures, Stock Exchanges shall have the right
to determine whether the listing of those companies suffering losses
for three successive years should be suspended. If the Exchange
makes such a determination, those companies whose listings are suspended
may apply for a grace period. Those who fail to apply for a grace
period, or whose applications are not approved, shall be terminated
by the Securities Committee. If a company whose listing has been
suspended turns profitable within the first accounting year of the
grace period, they may apply for reinstatement of their listing.
Those who fail to turn a profit or whose reinstatement application
is not approved shall be terminated.
Although the guidelines for de-listing and reinstatement of a company's
listing are different than those in the U.S., the underlying principle
is the same - the securities markets wish to develop quality companies
to be traded on their exchanges. Steps such as the implementation
of these Measures help prepare the PRC markets as China moves closer
to the world stage.
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