Q: This stock is not going down even on bad days. Do you think it is still a buy ?
thanks
LC
thanks
LC
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Investment Q&A
Not investment advice or solicitation to buy/sell securities. Do your own due diligence and/or consult an advisor.
Q: Peter and company,quick pick on Alibaba.
I always wondered why a Chinese company would relinquish some ownership ''just'' to have the dubious privilege of an American listing.
Well I got the answer via 'Wall street on Parade' yesterday: they simply don't give up anything and that makes much better sense for them. Does it for you?
If you are interested, read on:
The concerns about this Chinese company’s opaque structure as a Variable Interest Entity (VIE) in the Cayman Islands are so serious that a U.S. Senator, Bob Casey (D-Pa), issued two letters this year to Mary Jo White, SEC Chair, demanding answers.
In a July 11, 2014 letter, Senator Casey drilled down to the core of the stock ownership problem, writing:
“…American investors in Chinese companies often do not enjoy the same protections and legal guarantees that they are afforded when they invest in American firms. Most Chinese firms that list in the U.S. use a structure known as a variable interest entity (VIE). VIEs are shell companies that give investors contractual claims to a firm’s profits but do not legally grant them ownership of the company. For example, according to Alibaba’s securities filing, Americans who invest in the company will not be buying stakes in Alibaba’s profitable e-commerce business, but in a related Cayman Islands shell company. These structures allow companies to circumvent Chinese regulatory restrictions on foreign investment.
“More concerning, given the Chinese government’s interest in restricting foreign ownership in certain industries, it is far from clear that the contractual claims underlying VIEs are enforceable. In fact, in recent years Chinese courts and arbitration boards appear to have invalidated VIE contracts and similar arrangements. As a result, VIE structures pose significant risks to American investors accustomed to the idea that shares sold on stock exchanges amount to legally sound ownership stakes in revenue-generating companies.”
The VIE structure for Chinese companies trading in the U.S. sounds more like an international lawsuit waiting to happen than an ownership piece of the corporate pie. If you think VIE shareholders have any right to elect the Board of Directors of this company, think again. Here’s a revealing section from the Alibaba prospectus:
“Risks Related to Our Corporate Structure
“The Alibaba Partnership and related voting agreements will limit your ability to nominate and elect directors.
“Our articles of association, as we expect them to be amended and become effective upon completion of this offering, will have the effect of allowing the Alibaba Partnership to nominate a simple majority of our board of directors…
“The interests of the Alibaba Partnership may conflict with your interests.
“The nomination rights of the Alibaba Partnership will limit your ability to influence corporate matters, including any matters to be determined by our board of directors. The interests of the Alibaba Partnership may not coincide with your interests, and the Alibaba Partnership or its director nominees may make decisions with which you disagree, including decisions on important topics such as compensation, management succession, acquisition strategy and our business and financial strategy.”
The history of Chinese companies listing here in the U.S. hasn’t exactly been a rose garden for investors either. Senator Casey notes the following in his July 17 letter:
“In the past three years alone, the SEC has charged a number of China-based companies with fraud, including China Sky One Medical Inc., AutoChina, SinoTech Energy Limited and China MediaExpress. The sheer number of fraud cases involving China-based companies listed in the U.S. reveals systemic problems with many Chinese companies’ legal structures and accounting practices. Indeed, earlier this year, SEC Administrative Law Judge Cameron Elliot ruled that the Chinese units of several large accounting firms could not audit U.S.-listed companies due to their willful failure to disclose information to U.S. financial regulators.”
This seems to be more the realm of traders than the one of your subscribers, don't you think so?
I always wondered why a Chinese company would relinquish some ownership ''just'' to have the dubious privilege of an American listing.
Well I got the answer via 'Wall street on Parade' yesterday: they simply don't give up anything and that makes much better sense for them. Does it for you?
If you are interested, read on:
The concerns about this Chinese company’s opaque structure as a Variable Interest Entity (VIE) in the Cayman Islands are so serious that a U.S. Senator, Bob Casey (D-Pa), issued two letters this year to Mary Jo White, SEC Chair, demanding answers.
In a July 11, 2014 letter, Senator Casey drilled down to the core of the stock ownership problem, writing:
“…American investors in Chinese companies often do not enjoy the same protections and legal guarantees that they are afforded when they invest in American firms. Most Chinese firms that list in the U.S. use a structure known as a variable interest entity (VIE). VIEs are shell companies that give investors contractual claims to a firm’s profits but do not legally grant them ownership of the company. For example, according to Alibaba’s securities filing, Americans who invest in the company will not be buying stakes in Alibaba’s profitable e-commerce business, but in a related Cayman Islands shell company. These structures allow companies to circumvent Chinese regulatory restrictions on foreign investment.
“More concerning, given the Chinese government’s interest in restricting foreign ownership in certain industries, it is far from clear that the contractual claims underlying VIEs are enforceable. In fact, in recent years Chinese courts and arbitration boards appear to have invalidated VIE contracts and similar arrangements. As a result, VIE structures pose significant risks to American investors accustomed to the idea that shares sold on stock exchanges amount to legally sound ownership stakes in revenue-generating companies.”
The VIE structure for Chinese companies trading in the U.S. sounds more like an international lawsuit waiting to happen than an ownership piece of the corporate pie. If you think VIE shareholders have any right to elect the Board of Directors of this company, think again. Here’s a revealing section from the Alibaba prospectus:
“Risks Related to Our Corporate Structure
“The Alibaba Partnership and related voting agreements will limit your ability to nominate and elect directors.
“Our articles of association, as we expect them to be amended and become effective upon completion of this offering, will have the effect of allowing the Alibaba Partnership to nominate a simple majority of our board of directors…
“The interests of the Alibaba Partnership may conflict with your interests.
“The nomination rights of the Alibaba Partnership will limit your ability to influence corporate matters, including any matters to be determined by our board of directors. The interests of the Alibaba Partnership may not coincide with your interests, and the Alibaba Partnership or its director nominees may make decisions with which you disagree, including decisions on important topics such as compensation, management succession, acquisition strategy and our business and financial strategy.”
The history of Chinese companies listing here in the U.S. hasn’t exactly been a rose garden for investors either. Senator Casey notes the following in his July 17 letter:
“In the past three years alone, the SEC has charged a number of China-based companies with fraud, including China Sky One Medical Inc., AutoChina, SinoTech Energy Limited and China MediaExpress. The sheer number of fraud cases involving China-based companies listed in the U.S. reveals systemic problems with many Chinese companies’ legal structures and accounting practices. Indeed, earlier this year, SEC Administrative Law Judge Cameron Elliot ruled that the Chinese units of several large accounting firms could not audit U.S.-listed companies due to their willful failure to disclose information to U.S. financial regulators.”
This seems to be more the realm of traders than the one of your subscribers, don't you think so?
Q: Good morning 5i, may I have your opinion on investing in SAN, Banco Santander, for income and growth after the Scottish referendum. How risky is it now compared to the times of the first two questions in 2012 and 2013. Is it too risky for a RRIF? Thank you
Q: Peter, what do you think of the upcoming ipo for Ali Baba? What are your thoughts on when and how much to pay when demand will be massive and the price will likely be driven up rapidly?
Thanks.
Thanks.
Q: HI,
What are your thoughts on buying Panasonic? It recently had news about a relationship with Tesla. Do you think it has long term potential?
Carla
What are your thoughts on buying Panasonic? It recently had news about a relationship with Tesla. Do you think it has long term potential?
Carla
Q: I am thinking of investing in a European ETF for added diversification. The Vanguard FTSE (VGK) and the iShares MSCI (IEUR) look like good options to me. What do you think?
Q: Hi. I hold Lloyds Bank via the ADR (LYG US). The government seems to be considering a sale of all or part of their shares to institutional investors shortly. Do you think they will sell the shares below what they are trading at today, or at the previous sale price.
Thanks for your thoughts on this
Thanks for your thoughts on this
Q: Dear All, i am wondering if you have any information on LLEN (L & L Energy)? Looking forward to your response.
Q: I appreciate your comment re BRF S.A.( BRFS-N) a Brazilian company(consumer).Thank you.Ebrahim
Q: Hello Peter & 5i Team
As a Canadian expat living in Europe, my current equity portfolio includes (in order of magnitude) European, Canadian, US and Australian equities. Given your experience in the industry, I would be interested in your views of international markets. More specifically, would North American markets provide better/worse growth/income etc than European markets or vice versa. I appreciate this is a very broad question that includes currency risk among others but I was wondering whether there is a "common knowledge" within the investment industry of the pros/cons of investing in the various markets with respect to quality of company reporting, dividend issuance, growth potential etc.
Your insight is always appreciated and I am constantly learning from your replies and reports. Thank you.
As a Canadian expat living in Europe, my current equity portfolio includes (in order of magnitude) European, Canadian, US and Australian equities. Given your experience in the industry, I would be interested in your views of international markets. More specifically, would North American markets provide better/worse growth/income etc than European markets or vice versa. I appreciate this is a very broad question that includes currency risk among others but I was wondering whether there is a "common knowledge" within the investment industry of the pros/cons of investing in the various markets with respect to quality of company reporting, dividend issuance, growth potential etc.
Your insight is always appreciated and I am constantly learning from your replies and reports. Thank you.
Q: What do you think of Constellation Brands (STZ) as a long term relatively stable & safe growth stock and do you know when they are to report next? I don't own any at this time but would intend to buy up to 5% position. Thank you.
Q: Lux --us . Largest manufacturer of eye glasses (non prescription ) in the world ---? monopoly
High P/E ratio --? entering deal with Gogle re "Google Glass " ---Buy ---or wait for better entry pt ?
Thanks --- great service ---Don
High P/E ratio --? entering deal with Gogle re "Google Glass " ---Buy ---or wait for better entry pt ?
Thanks --- great service ---Don
Q: Orange SA (ORAN US) could you please comment on this Telecom?
Q: Are the Chinese companies listed on the NYSE subject to the same scrutiny as all other listed companies with regards to financials? Do you think it is safe to invest in a China company today? If so there are 3 companies that look interesting that I would only invest an 1/2 position in one of the possible following unless you think I should stay away: VIPS.US, BITA.US and XRS.US
Q: Greetings 5-i:
I subscribe to an american investor service which recommends
only a few stocks, and which are well researched. The latest one
surprises me somewhat, so here I am for your opinion. GAZPROM
with the following metrics- Mkt cap 96.75B, yield 4.09% - P/e
3.66, EV/EBITDA- 2.34. I realize you specialize in canadian
listings and will obtain most of your info from BLOOMBERG,however, I am hopeing that you may have some knowledge of it from past experiences.
Thanks for your time,
BEN
I subscribe to an american investor service which recommends
only a few stocks, and which are well researched. The latest one
surprises me somewhat, so here I am for your opinion. GAZPROM
with the following metrics- Mkt cap 96.75B, yield 4.09% - P/e
3.66, EV/EBITDA- 2.34. I realize you specialize in canadian
listings and will obtain most of your info from BLOOMBERG,however, I am hopeing that you may have some knowledge of it from past experiences.
Thanks for your time,
BEN
Q: Hi Peter and Team,
Hi Peter, do get well soon. Now, What are your thoughts on a company called UNR Holdings, UNRH. I know its extremely small, so very high risk, but man, its trading fairly cheap. Is it because of its market cap? or is there something else going on?
Hi Peter, do get well soon. Now, What are your thoughts on a company called UNR Holdings, UNRH. I know its extremely small, so very high risk, but man, its trading fairly cheap. Is it because of its market cap? or is there something else going on?
Q: Could you recommend a good European ETF?
Q: May I have your opinion on the ADR IRE. Thanks
Q: What are your thoughts on the Brazil economy. I own a small stake in XBZ, which has provided a decent return over the last year, although it is quite volatile. With the upcoming World Cup and the media attention this will bring, do you think now is a good time to sell my stake in XBZ and wait until after the World Cup finishes to reinvest in this ETF?
Q: Could I please get your comments on HDB-N. The long term chart looks good. What is your opinion on investing in an India bank? Is there anything special about India accounting principles I should know about? Thanks for your help.