
Donald Scarinci
Firm Managing Partner
201-896-4100 dscarinci@sh-law.com
Firm Managing Partner
201-896-4100 dscarinci@sh-law.comChina intends to open trading on the Shanghai stock exchange to foreign investors next month. This is big news for brokerages, hedge funds, traders and individual investors who had previously been largely excluded from China’s securities markets. This change will serve to allow foreign investors to directly buy and sell stocks listed on the Shanghai exchange, which has not been allowed to date. The change will also allow Chinese investors to trade in stocks listed in Hong Kong.
While there has been limited and indirect trading in Chinese stocks by foreign investors, this is a clear effort by China to integrate its economy into the international arena, and to allow the global market to more efficiently value companies based in China by listing them through the proposed Shanghai-Hong Kong Connect program.
The starting date has not yet been publicly announced, but mock trading sessions already keep Hong Kong brokerage employees working overtime. The program will still contain certain quotas and other limitations, including caps on two-way trading volume and certain account equity values for individual trading accounts of mainland Chinese investors. Foreign investors won’t be allowed to buy and then sell on the same day, and it remains unclear as to whether or not margin trading or short-selling will be initially permitted. An added risk to the trading will be that trades will only be settled in renminbi, China’s official currency. There is also no clarity on whether the trading profits will be subject to China’s capital gains taxes.
This new program is a harbinger of things to come as a clearer view of “Capitalist” China develops and China seeks to grow as a major player in the world economy. As big a deal as this program is, for China to move into a leadership position in private capitalization of businesses, China will need to improve its securities regulatory enforcement environment, akin to our SEC, and the even bigger challenge of providing better remedies through the courts so that company insiders are less able to rook shareholders and investors through current fraudulent transactions that too often go unpunished because of a structural lack of courts, cases and remedial history that only serve to encourage corrupt corporate activities, which heighten the risks of investing in mainland China companies.
If you have any questions about the changes coming to the Shanghai stock exchange or would like to discuss how it may impact your business, please contact me or the Scarinci Hollenbeck attorney with whom you work.
Take a look at some of our previous posts regarding international business:
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Few situations create more uncertainty than learning that an employee has filed a whistleblower complaint. Questions arise immediately: Is the allegation legitimate? Should the employee be placed on leave? Do we need to notify our insurance carrier? Are we now prevented from disciplining the employee if there are unrelated ongoing work related issues? There is […]
Author: Sean M. Pena

When a business reaches the point where it can no longer service its debts or otherwise resolve its liabilities, management is often faced with a difficult question: is a bankruptcy filing necessary or is there another way to perform an orderly liquidation or sale of the business assets? While Chapters 7 and 11 of the […]
Author: John D. Giampolo

For many years, the New Jersey Mansion Tax has been a significant consideration in high-value real estate transactions. Recent legislative changes, however, have substantially altered how the tax operates, including who is responsible for paying it and the amount owed in certain transactions. Whether you are purchasing, selling, or investing in New Jersey real estate, […]
Author: George McGowan

As our personal and financial lives increasingly move online, estate planning must evolve to address a new category of property: digital assets. From email accounts and social media profiles to cryptocurrency and cloud-stored business records, these assets often carry both financial and sentimental value. Yet, without proper planning, they can become inaccessible—or even lost—upon incapacity […]
Author: Marc J. Comer

In today’s mergers and acquisitions market, representation and warranty (R&W) insurance has become a common feature of deal negotiations. Once used primarily in larger transactions, R&W insurance is now frequently incorporated into middle-market deals as buyers and sellers look for efficient ways to allocate risk and close deals. When structured properly, R&W insurance can help […]
Author: George McGowan

Receiving a federal grand jury subpoena is not something most businesses or individuals anticipate. While it can be concerning, a federal grand jury subpoena does not necessarily mean that you are being accused of wrongdoing. It does, however, mean that a federal criminal investigation is underway and that federal prosecutors believe you may possess information […]
Author: Sean M. Pena
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!