Legislation roundup: IPO disclosures, audit reports and guarantee disputes cases
December 13, 2013 | BY
clpstaff &clp articles &The CSRC has issued two sets of Guidelines for IPO information disclosures and for major financial information. The Supreme People's Court released Provisions on the trial of independent guarantee dispute cases
Capital markets
China Securities Regulatory Commission, Guidelines on the Disclosure of Information Relating to Profitability in Prospectuses for the Initial Public Offering of Shares and the Listing thereof of Companies
In the case that the difference between the gross profit margins of identical or similar products or services of an IPO issuer and other listed companies of the same industry is prominent, the IPO issuer is required to disclose the reasons and its impact on the issuer's net profit in the prospectus.
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Further reading
China Securities Regulatory Commission, Guidelines on the Disclosure of Major Financial Information and Information on the Business Position Since the Financial Report Audit Date in Prospectuses for the Initial Public Offering of Shares and the Listing thereof of Companies
If the period between its financial report audit date and the date of signing of the prospectus is greater than four months, the issuer shall provide unaudited financial statements for the quarter during the period in question and disclose in the prospectus its major financial information since the audit date.
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Further reading
Where the beneficiary and the guarantee applicant or a third party have colluded in bad faith and there is no genuine underlying transaction; or, based on the type and objective of the independent guarantee, the beneficiary's request for payment lacks a credible basis, the people's court may render a finding of fraud.
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Further reading
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