The Lure of a U.S. Listing Remains Powerful for Some Chinese Companies

With top U.S. capital markets firms virtually stepping over each other to launch Hong Kong law practices, one might think that the best days for U.S. securities law practices in Hong Kong and China are over, and that Chinese companies are now turning exclusively to Hong Kong, Shanghai and Shenzhen for their capital-raising needs.

Not exactly.

The New York Stock Exchange saw a record 22 listings by Chinese companies last year, with Nasdaq taking on another 12. Both numbers were up sharply from 2009, when only 10 Chinese companies listed on either exchange. In 2008, there were only three U.S. listings by Chinese companies.

Firms have taken notice. Last week, Proskauer Rose recruited U.S. capital markets partner Gene Buttrill from DLA Piper. Just a few days before, Orrick, Herrington & Sutcliffe poached Jeffrey Sun Jie, a veteran of several U.S. equity and debt offerings for Chinese companies, from Latham & Watkins’ Shanghai office. Wilson Sonsini Goodrich & Rosati opened a Hong Kong office last fall in part to aid its push for U.S. listing work on behalf of Chinese clients.

None of which is to suggest the growth of Hong Kong and other Chinese capital markets has been overstated. The 34 U.S. listings by Chinese companies last year raised about $4 billion, less than a fifth of the $22 billion that the state-owned Agricultural Bank of China raised in its debut last year in Hong Kong and Shanghai.

But for certain kinds of Chinese companies — mainly private instead of state-owned — the U.S. markets still have a certain appeal. Unlike in Hong Kong, which requires listing companies to have been operating for three years, there is no track record requirement in the major U.S. exchanges, a fact that favors startups. And Chinese technology companies in particular have also counted on U.S. markets, with their greater infrastructure of tech-savvy investors and analysts, to deliver them higher share valuations.

via The Lure of a U.S. Listing Remains Powerful for Some Chinese Companies.

Delisting Watch: Daimler the Latest to “Go Dark” in U.S.

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Daimler’s delisting is the latest sign of German companies abandoning U.S. capital markets, opting instead to list solely in Frankfurt, re-fortified. The planned delisting and deregistration of Daimler AG is the latest in this months-long trend, propelled by the growth of Frankfurt and its Xetra electronic exchange, despite a weakening euro. It is also residual of Daimler’s bitter end in the Chrysler saga.

The carmaker announced its intention to “go dark” in a letter to the New York Stock Exchange, detailing its plans to delist its shares and to deregister with the SEC. As cited in a statement by Daimler, the primary reason for the planned listing is “a significant change in the behavior of international investors, who now primarily trade in Daimler shares in Germany and through electronic trading platforms.” Of note, however, Daimler, in its recent annual report, reported consistently low trading volumes in the United States, which amounted to well below 5% of the worldwide trading volume.

via Delisting Watch: Daimler the Latest to “Go Dark” in U.S..

Statoil ASA Satisfies Obligations Under Deferred Prosecution Agreement and Foreign Bribery Charges Are Dismissed

After three years of satisfying obligations under a deferred prosecution agreement, the charges against Statoil ASA for violating the anti-bribery and accounting provisions of the Foreign Corrupt Practices Act FCPA have been dismissed with prejudice. Statoil is an international oil company headquartered in Norway and listed on the New York Stock Exchange.

“Three years of diligent efforts by Statoil to address past misconduct and serious compliance failures have led to the dismissal of foreign bribery charges against the company,” said Assistant Attorney General Lanny A. Breuer. “Bribing foreign government officials and then attempting to disguise the payments cannot be standard operating procedure. Companies that have robust compliance programs risk far less than companies that take their chances on possible FCPA violations.”

“This case shows that deferred prosecution agreements against corporations can work as an important middle ground between declining prosecution and obtaining the conviction of a corporation,” said U.S. Attorney Prett Bharara. “The deferred prosecution in this case helped restore the integrity of Statoils operations and preserve its financial viability while at the same time ensuring that it improved what was obviously a failed compliance and anti-corruption program.”

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