Investing In China
by
Stuart Gray, December 2004
IMPORTANT
WARNING:
The contents of this report have been compiled
in good faith by Investorsoffshore.com to provide
assistance to investors, but do not constitute
investment advice or recommendations. Investors
should not rely upon the information given in
order to choose types or routes of investment
but should make their own independent enquiries
before making choices. Investorsoffshore.com has
taken reasonable care in researching and presenting
the information herein but makes no representations
as to its accuracy and accepts no liability for
actions taken or not taken as a result.
The
general consensus among the global financial community
is that China is set for explosive growth over
the coming years, and two decades of free market
reforms have made the economy increasingly open
to investment from foreigners. Accordingly, it
is becoming easier for financial institutions,
investors and corporations with an eye on the
emerging Chinese market place, with its increasingly
affluent population, to gain exposure to China
either directly or indirectly.
Shares
There
are a number of ways that investors can get exposure
to the Chinese market, and one of these is through
the purchase of shares. For example, simply by
investing in those large multinational corporation
with major Chinese involvement, you are getting
some exposure to the Chinese market.
Another
more direct (and riskier) way would be to purchase
shares in Chinese companies themselves. As part
of the reforms designed to facilitate a tradable
equity market, China has established two stock
exchanges, in Shanghai and Shenzhen, while around
180 of the mainland’s largest enterprises
are also listed on the Hong Kong Stock Exchange.
Most
international fund managers and institutional
investors choose to buy stakes in the Chinese
firms listed on the HKEx because the Chinese equity
markets still remain something of an unknown quantity
despite the sector’s potential for growth.
Therefore, much of the trade in Chinese securities
is conducted from Hong Kong, which has been a
well established and well regulated financial
services jurisdiction for a number of years, so
that issues over corporate governance and the
viability of listed stock are not as apparent
as on the mainland.
The Chinese financial authorities have created
several share classes, some of which are open
only to domestic investors. These classes are
as follows:
A
Shares: Local shares quoted in yuan (or renminbi)
on the Chinese stock exchanges and available directly
only to Chinese nationals
B
Shares: Local shares quoted in HK$ on the Shenzhen
stock exchange and quoted in US$ on the Shanghai
exchange; available to foreigners and certain
classes of domestic investor
H
Shares: Chinese registered firms trading in Hong
Kong and quoted in HK$
N
Shares: Chinese firms listed on the NYSE and traded
in US$
Red
Chips: Shares of offshore companies with direct
or indirect substantial ownership by a Mainland
Chinese entity; generally traded in Hong Kong
P
Chips: Shares of companies majority-owned by entrepreneurs
from Mainland China; generally listed in Hong
Kong, but may be listed on the Nasdaq or elsewhere.
Thankfully,
for the smaller private investor, there are an
increasing number of mutual funds and similar
vehicles which track the performance of Chinese
equities. In a way, this option represents the
best of both worlds by giving investors direct
exposure to Chinese equities, but at a fraction
of the cost and at a much reduced risk. Figures
reveal that recent performance of China funds
has been impressive. According to fund industry
consultants Lipper, some 22 China region funds
with assets totalling $1.94 trillion had average
returns of 5.19% in the third quarter of 2004,
returning 16.52% over the year. Two and three
year returns stand at 29.05% and 18.96% respectively.
New
products are increasing access to the Chinese
equity markets for the smaller investor. One recent
example is the iShares FTSE/Xinhua 25, launched
on the London Stock Exchange in October 2004,
which is also listed on the New York Stock Exchange.
This exchange traded fund (ETF) became the first
in Europe to give exposure to Chinese equities
and the fund will track the performance of red
chip and H shares listed on the Hong Kong Stock
Exchange.
Another
groundbreaking fund listed on the Hong Kong Stock
Exchange was also launched the following month
based on the FTSE/Xinhua A50 Index, giving international
investors exposure to China’s domestic A
shares for the first time.
Investing
through an ETF like the FTSE/Xinhua 25 has many
advantages. It allows investors more direct access
to Chinese growth than simply buying shares in
a multinational with a presence in China, while
taking away much of the risk and hassle of investing
directly in China’s volatile and fragmented
market place. Administration costs are also modest
at 0.75% and the fund is shortable for those investors
who are not so bullish on the Chinese economy
in the coming years.
For
those with a few million in spare change burning
a hole in their pocket, there is also the hedge
fund option. As well as specialist China hedge
funds looking to exploit growth in small and mid-cap
stocks, emerging market hedge funds are also likely
to have a degree of exposure to China. While emerging
markets hedge fund strategies have produced some
impressive returns in recent years, the sector
is quite volatile and is therefore fairly high
risk. Bear in mind also that the high minimum
investment levels (variable, but usually around
the US$1 million mark) preclude hedge fund investment
for all but the wealthiest investors, and performance
fees can also be expensive.
Company
investment
China’s
free market reforms have encouraged foreign companies
to invest directly in the country, particularly
in manufacturing where firms have for a number
of years sought to take advantage of its low cost,
educated labour force. However, as China’s
economy grows and its society becomes ever more
affluent, urbanised and consumerist, foreign companies
are now looking to China as a market in itself
as opposed to a mere manufacturing base.
China’s
membership of the WTO has also forced the pace
of its free market reforms, and the government,
somewhat reluctantly, is in the process of reviewing
and reforming many laws that acted as a barrier
to foreign investment and trade, both in financial
services and manufacturing. However, foreign firms
looking to establish a physical presence in China
will still find the process long-winded and bureaucratic
as the Chinese government tend to encourages certain
forms of investment over others. However, this
regulatory burden on foreign firms is mitigated
by some significant tax breaks and tax holidays
lasting up to ten yeas in many cases.
The
Chinese government has promulgated a series of
laws and statutes concerning the establishment,
operation, termination and liquidation of foreign-invested
enterprises. These are enshrined in three basic
laws: The Law of the People's Republic of China
on Chinese-Foreign Equity Joint Ventures; The
Law on Chinese-Foreign Contractual Joint Ventures;
and the Law on Wholly Foreign-Owned Enterprises.
The
establishment of enterprises with foreign investment
is subject to project-by-project examination,
approval and registration by the government. To
give a taste of how this process works, prospective
foreign investors can expect to embark on the
following paper trail:
First,
prospective foreign corporate investors must submit
a project proposal to the relevant department
for approval. Then, a feasibility study must be
submitted to the planning department before legal
documents, such as contracts and articles of incorporation,
can be signed. However, the process doesn’t
stop there. Once signed, the contracts and articles
of incorporation must be submitted to the examination
and ratification department, which will then issue
an Approval Certificate for Enterprises with Foreign
Investment after the final nod has been given
by the Ministry of Foreign Trade and Economic
Cooperation.
For
investments involving a sum of less than US$30
million, applications can be directed to the authorities
at the local levels, whether that be provincial
government, municipalities, autonomous regions
or cities. When an investment exceeds this amount,
the project application and feasibility study
report will be examined and approved by the State
Development Planning Commission or the State Economic
and Trade Commission, while the contract and articles
of corporation will be examined and approved by
the Ministry of Foreign Trade and Economic Cooperation.
Thankfully,
to help ease this rather bureaucratic process
for foreign investors, many local governments
have established foreign investment service centres,
which offer foreign investors a ‘one-stop
shop’ service ranging from legal consultation
to procurement of project approval.
Hong
Kong and CEPA
Another
route into the Chinese market, touched upon earlier,
is via Hong Kong. Although Hong Kong is now classified
as a ‘Special Administrative Region’
of China, it retains a certain degree of autonomy
from Beijing and its obvious proximity to the
mainland makes it an ideal entry point for firms
wishing to do business with China. Furthermore,
the Closer Economic Partnership Arrangement (CEPA),
a trade deal between Hong Kong and Beijing that
seeks to remove tariffs and other barriers to
trade in goods and services, has great benefits
for foreign firms based in the SAR.
By
1st January 2005, the CEPA II deal will remove
tariffs on 1,087 categories of goods exported
from Hong Kong to the Chinese mainland. It also
removes or reduces geographical, financial and
ownership constraints on 18 service sectors including
professional services, communications and media,
financial services and trade related services.
Importantly, these apply to companies of any nationality
provided the firm is incorporated in Hong Kong,
has operated there for a minimum of three years,
is liable to pay tax in the territory, and employs
at least 50% of staff locally.
Overseas
firms without a presence in Hong Kong are still
able take advantage of the CEPA provisions by
outsourcing to, or partnering with, a qualified
Hong Kong-based manufacturer or service provider.
Foreign manufacturers can achieve this by satisfying
rules of origin requirements which essentially
means that goods must be ‘substantially
changed’ in Hong Kong to qualify. Overseas
service providers meanwhile, can partner with
or invest in a CEPA qualified firm to gain greater
access to the mainland market.
So, to summarise, there are many ways in which
investors can capitalise on growth in China, whether
that be at the individual, institutional or corporate
level and as the economy continues to grow, and
the government forges ahead with free market reforms,
the investment opportunities are likely to expand
accordingly. However, as with any other investment,
sufficient attention should always be paid to
the potential risks, and while the consensus is
that China is set for a boom, a la post war Japan,
its economy will not be immune to externally influenced
shocks, and the destiny of the free market remains
very much in the control of the central government.
|