Header graphic for print
China Law Blog China Law for Business

A China Stock Analyst Worth Reading.

Posted in Recommended Reading

Like many, I am generally not impressed with most of those who purport to know how to analyze China stocks listed on U.S. exchanges. I am NOT a stock analyst, but I know Chinese corporate structures and I know what is legal for foreign companies to do in China (and what isn’t) and, maybe most importantly, I do not think I have ever examined a Chinese company’s books that were not at least somewhat cooked. All these things give me great pause when investing in Chinese companies and they also cause me to doubt the bona fides of stock analysts who pretty much just ignore these things. For more on investing in U.S. listed Chinese stocks, check out “Thinking Clearly About Chinese Companies Listed On US Stock Exchanges. Or, If A Tree Falls In A Sino-Forest….

So when I find a stock analyst who just “gets it” when it comes to Chinese stocks, I feel obligated to pass it on to you, our loyal readers. I knew I had found such an analyst after reading the following at the beginning of one of his articles:

When it comes to investing in China, I’ve seen a lot of “interesting” corporate structures. Nothing, however, has thrown me off more than recently listed online dating site Jiayuan.com (Nasdaq: DATE) . The reason? It’s unclear whether this company even has the right to be in business in China.

There’s shady, and then there’s this
Like a lot of Chinese companies, Jiayuan is organized so that owners of the Nasdaq-listed stock don’t actually “have any direct ownership interests or direct voting rights in any of our PRC [mainland China] operating companies.”

Because the Chinese government restricts foreign ownership of things like Internet services and online payments businesses, and won’t grant foreigners a license to provide online dating services, the listed company simply has contractual arrangements whereby the operating companies in China, which are owned by Jiayuan’s Chinese management team, agree to allow the management team at the listed entity to direct the operations at the operating entities and obtain “substantially all” of their economic benefits. (Though “substantially all” — their words, not mine — seems to be something less than all.)

If you’re thinking this is complicated, confusing, ripe for conflicts of interest, and probably unenforceable in a court of law, you’re right.

The article is on Motley Fool and it is entitled, “The Biggest Risk” and it was written by Tim Hanson, the lead international advisor at The Motley Fool and head of its Global Gains research service. Tim tells me that he “has been been working in a research capacity at the Fool since 2005 and spending a lot of time on China since 2007.” He analyzes Chinese companies both their their public filings and by traveling to China and talking to the right people.

Tim wrote another excellent article on Baidu, entitled, “Could Baidu Get Blown Up?” in which he raises the necessary question as to whether it makes sense to invest in Baidu at a time when the powers that be in China have made clear they do not exactly appreciate diversity on the Internet and then flip around and manifest that with an anti-Baidu campaign on CCTV. Does it really make sense to invest in a Chinese company when that is happening?

I have not conducted my own analysis on either company so I cannot vouch for the accuracy of what Hanson is saying, but I can say that the mere fact that he is one of the few people writing on China stocks who is  actually asking the right questions means he should be read. So if you are investing in Chinese stocks or planning to do so, I recommend you start reading Tim Hanson. 

  • Chris

    Lots of complex questions in there regarding VIEs and whether it is worth investing in US listed Chinese stocks. Leaving those aside and looking at your claims about Baidu and the CCTV campaign exposing malpractice at the company.
    I would put aside the claims that Baidu has offended those in power and focus on the substantive allegations against Baidu revealed in the CCTV. While conspiracy theories are fun, they are frequently not true.
    There was a lot of evidence put forward in the CCTV series that there are serious problems in the sales and marketing team at Baidu. Baidu continues to promote unregistered and illegal operators in a whole range of industries: pharmaceuticals, travel and home removals among them. If you want to get scammed on an air ticket in China just pick the top ranking firms in either natural search or PPC advertising on Baidu. They are frequently non existent firms that take your money and run. Baidu’s natural search ranking is immediately impacted by advertising payments to Baidu. Illegal and fraudulent operators get top listed with the collaboration of Baidu’s sales team.
    Last time I needed to freight stuff across China and searched on Baidu for China Rail freight service, the top ranking link was a scam website and service.
    A reporter in one of the CCTV segments contacted Baidu sales looking to list what was very clearly a firm selling unlicensed and illegal pharmaceuticals (though not drugs). The Sales Rep gave explicit instructions on just how to avoid scrutiny from Baidu’s due diligence processes. His advice was to register as a machinery manufacturing company and then the client would be free to register any keyword campaigns they chose. Baidu’s sales staff paid almost entirely on a commission basis seem quite relaxed about signing on fraudulent enterprises.
    Illegal pharmaceuticals and medical services promotion on Baidu was the subject of the last CCTV expose on Baidu in 2006. They still haven’t fixed the problem. Any Baidu search on health, medicines, medical treatment etc continues to bring out either illegal operators or the most aggressive and low grade of the legal operators. Search engine optimization for Baidu is about the size of advertising spend on Baidu’s platforms. Ranking is bought. Large advertisers get the right to delete negative comments on Baidu’s other service platforms. The credibility of Baidu’s “page ranking” system is in serious question.
    Compare Baidu’s long term attitude to fixing problems with that of Alibaba. On discovering that internal sales staff collaborated with fraudulent enterprises in giving “trusted supplier” status on the Alibaba platform, Jack Ma fired senior staff and cleaned out the sales team immediately. Defrauded customers were compensated to the tune of several million dollars. Baidu appears to have taken a different approach and the problem lingers because it won’t sacrifice sales.
    You could take a different view that Baidu has been protected so long from real press scrutiny in China because it is a “national champion”. However the complaints from Chinese enterprises and consumers regarding Baidu’s behavior can no longer be ignored and the CCTV expose were a gentle message from the Chinese government to clean up their act.

  • Jiba Dan

    What do you mean Chinese stocks? You’re talking about US stocks, listed under US regulations, that just happen to have Chinese parents. You’re no talking about stocks listed in Shanghai or Shenzhen, or even HongKong. You’re talking about stocks listed in the US, probably on Nasdaq. There is a giant difference, and in China no foreigner can even buy China stocks. You get correct please about what you talking about as it affects regulatory and legal systems and corporate understandings.

  • Lao Why?

    I would not want to be an audit partner in China for one of the Big 4. Even if it was the last job on earth.

  • Run Shaw

    Jiba Dan has a point. There’s a lot of difference between China stocks in China and US stocks with an ultimate shareholder in China. The last will be affected by US economy, the first not so.

  • Big 4 Ren

    @Lao Why – you wouldn’t? The top audit and tax partners at firms in China earn a fortune. Multi-millionaires all of them. Thank goodness they’re there as well can you imagine the mayhem without them? They earn their money. The Nasdaq issues with Chinese companies is the result of poor US regulation, not Chinese or auditors in China.

  • http://Www.blindfoldedmonkey.net Blindfolded Monkey

    You are right to be concerned but I would say that you should have more comfort investing in a US listed Chinese company rather than one trading on the Toronto exchange. Sino-forest illustrates the weakness of Canada’s stock market regulation and enforcement.