Tuesday, July 7, 2015

China's IPO curbs risk US$32 billion of US take-private deals

China's IPO curbs risk US$32 billion of US take-private deals

[HONG KONG] China's move to curb initial public offerings (IPOs) to contain a stock market meltdown could endanger nearly US$32 billion worth of deals announced this year by Chinese companies planning to drop their listings on US exchanges and return home.
China's securities regulator said at the weekend there would be "no new IPOs in the near-term" and the number and volume of deals down the line would be greatly reduced, part of a series of measures to prop up equity markets that have slumped around 30 per cent since mid-June.
With the door all but shut on new listings, Chinese companies that had been betting on higher valuations and greater investor interest at home are having to re-think their plans, people familiar with the matter told Reuters.
The spate of delisting from US stock markets was backed by hedge funds, buyout and venture capital firms such as Sequoia Capital and Boyu Capital, according to filings. For all these investors, the ability to exit through a China listing was the most likely way to make a return on their investments.
"It's game over for these take-private deals," said the head of M&A at a global bank, who regularly advises private equity firms on such deals. "With no exit options in sight, people in need of funds to close these deals are in a tight spot." Most of the deals are non-binding and without committed financing in place, making them likely to collapse if funding does not come through in time.
Worries about the future of such deals hit US-listed shares of Chinese firms on Monday. Online dating service Jianyuan.com sank 16 per cent, while chat app maker Momo Inc lost 8.4 per cent, security software maker Qihoo 360 Technology Co Ltd dropped 6.2 per cent and children's entertainment company Taomee Holdings Limited 2.2 per cent.
"With the speculative exit being closed most of the sponsors will have to cancel the buy-out offers," said Junheng Li, head of research at New York-based research firm JL Warren Capital LLC. "As the exit strategy becomes less compelling, the return on buyout deals start to look less appetizing and murkier."
More than two dozen companies, including Qihoo, Momo and medical research provider Wuxi Pharmatech have unveiled plans this year to buy out their outstanding shares in so-called take-private deals.
Founders and private equity firms rushed in to delist companies from New York after a year-long rally in Chinese stock markets that propelled valuations of new economy firms to stratospheric levels.
Even after the 30 per cent slide over the past month, China's tech-driven ChiNext composite index and the benchmark index in Shanghai are both still up about 80 per cent over the past year.
Many companies that announced take-private deals still want to proceed with the transaction. "As for now, the volatility of today's stock market has nothing to do with our privatisation deal, but in the future it may affect our decision on the listing in China," said Angela Wang, a spokeswoman for Taomee, which unveiled its take-private plans last month. "Our business is mainly in China, and Chinese investors will understand better about our business models." The delisting wave was also triggered by hopes of evading any legal fallout when Beijing formally outlaws foreign shareholder control of firms in protected tech sectors.
The wave of delistings is a huge reversal after a record US$30.6 billion worth of IPOs and follow-on deals for Chinese companies in the United States in 2014, data showed.
After losing the record US$25 billion Alibaba Group Holding Ltd IPO to New York, China has implemented a series of measures to make it easier for technology companies to list locally, with premier Li Keqiang last month voicing support for start up listings at home.
"This is a hot topic," said Ringo Choi, Asia-Pacific IPO Leader at consulting firm EY. "There's a very keen interest and incentive to bring them back to China."
REUTERS

US: Stocks dip on fears about Greece, China

US: Stocks dip on fears about Greece, China

[NEW YORK] US stocks dipped in opening trade Tuesday as worries about a potential Greek exit from the eurozone and Chinese market frailty hit global markets.
Five minutes into trade, the Dow Jones Industrial Average was at 17,655.92, down 27.66 points (0.16 per cent).
The broad-based S&P 500 shed 1.89 (0.09 per cent) to 2,066.87, while the tech-rich Nasdaq Composite Index fell 11.38 (0.23 per cent) to 4,980.56.
European stocks fell sharply after German Chancellor Angela Merkel and French President Francois Hollande took a tough line with Greece, demanding "precise" proposals to restart talks after Greece decisively voted down additional austerity measures.
The benchmark Shanghai Composite Index fell 1.29 per cent as Chinese stocks continued to retreat from what many describe as a stock market bubble.
AFP

Hoax phone call costs hedge fund US$1.2 million and CFO's job

Hoax phone call costs hedge fund US$1.2 million and CFO's job

[LONDON] The finance chief at Fortelus Capital Management LLP got an alarming phone call just as he was getting ready to leave work on a Friday.
The caller said he was from Coutts, the London-based hedge fund's bank, and warned there may have been fraudulent activity on the account. Fortelus chief financial officer Thomas Meston was reluctant, but agreed to use the bank's smart card security system to generate codes for the caller to cancel 15 suspicious payments. He hung up just after 6 pm, according to court filings.
When Mr Meston logged on to the firm's online bank account the following Monday, he saw that 742,668 pounds (S$1.56 million) was gone. Coutts, a unit of Royal Bank of Scotland Group Plc, had no record of the Friday phone call. Mr Meston had been conned.
Mr Meston was terminated by Fortelus and is now being sued by the fund, which says he breached his duty to protect its assets. Details of the phone conversation, which took place in December 2013, were described in documents from the firm's London lawsuit. Mr Meston denies he was negligent and says he acted honestly, according to his court documents in the case.
The incident shows how even the most sophisticated online security systems can fail because of human error. Firms too often see cyber security as a technical issue and don't recognize the risk of employees being targeted, the Bank of England said in a report last week that called cyber crime a growing threat to financial stability.
"People are always the weakest link," said Jason Ferdinand, a director at Coventry University who runs the UK's first cyber security MBA course. Employees "often assume that they do not have to think about security because a machine or software is doing it for them." Fortelus lawyer Daniel Astaire said no client funds were affected by the breach, and the firm reported it to the police, who are investigating. Fortelus has "strong internal policies against fraud prevention" and this was "an isolated incident," he said in an e-mail.
Fortelus Capital Management in June 2014 switched its registration to the US and no longer has any investment activities in the UK, Mr Astaire said.
Simon Goldring, a lawyer for Meston, declined to immediately comment.
Mr Meston "believed that he was preventing a fraud from being carried out against the claimants, and this belief was reasonable," his lawyers said in court filings. They said he's not personally responsible for the firm's assets and that Coutts should have to repay Fortelus.
Hedge funds are not the only victims of a "Friday afternoon scam." Zurich Insurance Group AG warned in May that law firms were targeted by fraudsters impersonating bank staff that asked for access to accounts, often late on a Friday.
The frauds cost firms and their insurers an estimated 5 million pounds over three months this year, Zurich said.
The theft was carried out by an "unknown third party," Fortelus said in court documents. The caller identified himself as "Simon Hughes" from the Coutts Online Fraud Response team and transfers were made to accounts under names including EE Traders, AA Ltd, MK Trader, P Plumbers and LLM Client Account, according to court filings.
Meston says that as part of his termination agreement with the fund, he has already agreed to give up salary and bonus payments worth 136,600 pounds. That includes three months he worked without pay, or about 25,000 pounds, as well as 95,000 pounds in cash and deferred bonuses that he surrendered.
Jo Thorne, a spokeswoman for Coutts, declined to comment.
"This story is sad because it may well have been an honest mistake, but because of the technological advances made in finance, where the majority of their business is digital, significant losses can happen very quickly," said Mr Ferdinand.
The case is Fortelus Capital Management LLP & Anr v Mr Thomas Meston, High Court of Justice, Queen's Bench Division, HQ15P02169.
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