http://www.scmp.com/print/business/china-business/article/1721878/sfc-action-against-cmr-serves-test-case-hk-laws-involving
SFC action against CMR serves as test case for HK laws involving mainland China firms
Monday, 23 February, 2015, 8:37pm
Reuters
A victory for the regulator will set the scene for a tough battle by HK-appointed liquidators to secure China Metal Recycling’s mainland assets
The Securities and Futures Commission is set to take landmark legal action today against China Metal Recycling (Holdings) in a court case that will test laws to sanction mainland Chinese firms listed in the city. The securities regulator forced China Metal Recycling, which describes itself as the country’s biggest recycler of scrap metal, into provisional liquidation in July 2013, alleging it had found evidence of accounting fraud. The action was the first time the regulator used a special provision of the securities law, designed to protect investors, in the case of a listed firm. Today, the SFC will go before the High Court to wind up the company with the aim of recovering as much value as possible for shareholders and creditors.
“This is a critical test for the SFC,” said Michael Cheng, the Asian Corporate Governance Association’s research director for mainland China and Hong Kong. “What the SFC has to demonstrate is that regardless of where a company is incorporated, or where its assets are located, the regulator will go after it.” Continue reading →