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Coordinated efforts to regulate overseas listed Chinese companies: a historical perspective and recent developmentsHuang, Flora; Liu, Xinmin; Yeung, Horace; University of Essex (Taylor & Francis, 2017-07-04)Prestigious financial centres have attracted a number of Chinese companies seeking liquidity and international exposure (an example being the record- breaking IPO of Alibaba in the US). This article seeks to explore how the regulatory cooperation of securities commissions can be a solution to the concerns arising from the regulation of these companies, given the perceived weaknesses in the governance of Chinese companies and the difficulties of cross-border enforcement. One notable example of regulatory cooperation can be seen in how the regulators in Hong Kong and China have worked closely together. Meanwhile, other overseas exchanges have started to pay more attention to the regulatory issues arising from Chinese listings. In the literature on cross-listing, this paper is the first to present a holistic approach, taking into account both the importance and the popularity of cross-listing as well as the most recent regulatory challenges and solutions.
The regulation of illegal fundraising in ChinaHuang, Flora; Liu, Xinmin; Yeung, Horace; University of Essex (Taylor and Francis, 2018-10-03)The rise of financial technology means that it is easier than ever to raise funds from a large group of people, notably via peer-to-peer lending or crowdfunding platforms. This article seeks to discuss the law on illegal fundraising, which has existed for some time before the boom of the Internet, as a legal response to the increasing number of fundraising from the public. Regulation is necessary to ensure market order and investor protection. Virtually in all markets, there are restrictions on how entities can make a public offer of shares, bonds and/or other investment schemes. There are several laws, most notably criminal law, in China that are relevant to illegal fundraising. An individual/company can poten- tially breach one or more of these rules as long as they attempt to raise funds from a non-conventional (i.e. not stock markets or banks) route. The worst outcome of this used to be death penalty. There has been a degree of ambiguities in the application of these laws. The article will attempt to clarify these ambiguities. The regulation of illegal fundraising can have a far reaching conse- quence on the financial markets in China, considering that non- state entities, particularly small and medium-sized enterprises, have limited access to conventional finance. The article will con- sider whether China is on the right track in terms of regulation to allow alternative fundraising channels to thrive. This article is the first ever to present a holistic account of the regulation of illegal fundraising in China.