December 2006
Alternative Routes To U.S. Markets Impact Reporting Requirements For Chinese CompaniesBy Barbara A. Jones
According to the U.S. Securities and Exchange Commissions Web site, there are currently 144 domestic Chinese companies registered with the Commission. This number is deceiving, however, since more and more Chinese companies are entering the U.S. through business combinations with U.S. domestic listed companies or through off-shore holding companies, utilizing the wholly-owned foreign enterprise (WOFE) structure. While the end result is the same a listing on a U.S. exchange the decision to domesticate in the United States or remain a foreign private issuer can have significant ramifications for the companys ongoing regulatory compliance obligations. Foreign private issuers continue to enjoy certain levels of relief from the U.S. compliance regime by virtue of the fact that they are also required to comply with their local, or home country, reporting requirements.
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