Alternative financing routes for energy-intensive companies

June 18, 2010 | BY

clpstaff &clp articles &

PRC banks ordered to tighten lending

There are alternative ways to obtain financing as domestic lending gets squeezed for energy-intensive projects, say counsel.

The People's Bank of China (PBOC) issued a circular on May 31 2010 ordering financial institutions to tighten up their lending threshold to companies in energy-intensive industries.

According to the circular, banks are required to make an overall review of loans to energy-consuming sectors and report the results to the central bank by the end of June. The measures additionally highlighted that credit for expansion projects could only be extended by bank headquarters and that new loans would be prohibited to projects that counter the government's green policies.

“I am not at all surprised by this move as it is one way for China to more effectively manage emissions and energy consumption, and to manage the flow of capital on a national level,” said Rocky Lee, the Beijing-based Asia managing partner of Cadwalader Wickersham & Taft. “This PBOC circular does that.”

The managing partner of Shearman & Sterling's Shanghai office, Andrew Ruff suggests one strategy for energy-intensive companies to receive financing could be to target foreign banks. However, he noted that there is often a general problem of limitations to borrowing renminbi from overseas lenders. “While some foreign banks have registered as domestic financial institutions, their renminbi quotas are generally not huge.”

Another method to receive financing could be to borrow on balance sheet offshore and push funds down as equity. Ruff cautions though that “the suitability of this or other structures would need to be determined on a project-by-project basis.”

While it's possible to be issued renminbi-denominated bonds, Ruff noted that multilaterals would require a policy basis for lending and that the “qualification of the project in question would need to be established.”

Commentators observed that electrolytic aluminum, ferroalloy, calcium carbide, caustic soda, cements, steel, yellow phosphorus, zinc, and iron smelting industries are being targeted by the PBOC curbing measures. “It is clearly one of a number of moves designed to address near-term shortfalls in installed electric capacity in China,” said Ruff.

This premium content is reserved for
China Law & Practice Subscribers.

  • A database of over 3,000 essential documents including key PRC legislation translated into English
  • A choice of newsletters to alert you to changes affecting your business including sector specific updates
  • Premium access to the mobile optimized site for timely analysis that guides you through China's ever-changing business environment
For enterprise-wide or corporate enquiries, please contact our experienced Sales Professionals at +44 (0)203 868 7546 or [email protected]