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POLITICAL ECONOMY
Major default looms in China's huge 'shadow banking' system
by Staff Writers
Shanghai (AFP) Jan 26, 2014


US judge suspends Chinese units of 'Big Four' auditors
Washington (AFP) Jan 24, 2014 - A US judge has ordered Chinese units of the "Big Four" global accounting firms to be suspended from auditing US-traded companies for six months, saying they had "willfully violated" US laws.

The 112-page ruling by US Securities and Exchange Commission (SEC) administrative law judge Cameron Elliot could temporarily leave more than 100 Chinese companies quoted on US markets without an auditor and unable to trade.

The auditors and a fifth China-based accounting firm fell foul of the law by refusing to turn over documents about some of their clients to the commission, which wanted help in a fraud probe, Elliot ruled.

The ruling does not take effect immediately and the companies plan to launch an appeal with the SEC.

"The firms note that the decision is neither final nor legally effective unless and until reviewed and approved by the full US SEC Commission. The firms intend to appeal and thereby initiate that review without delay," they said in a joint statement.

If the ruling stands, not only will the Chinese companies be left with no auditor but it could also hamper the audits of US multinationals with significant operations in China.

This is because the Chinese affiliates of the Big Four -- Price Waterhouse Coopers, Deloitte Touche Tohmatsu, KPMG and Ernst & Young -- often help their US sister firms complete those audits.

Without audited financial statements, a company cannot sell securities in the United States or remain listed on the country's exchanges.

"This is a body blow to the Big Four," said Paul Gillis, a Beijing-based professor at Peking University's Guanghua School of Management. "It's really quite a harsh ruling," he told Dow Jones Newswires.

The SEC hailed the ruling, saying it upheld the commission's authority to obtain records that are "critical to our ability to investigate potential securities law violations and protect investors".

The fifth firm, Dahua CPA, was censured by Elliot but not suspended. Dahua was an affiliate of another large accounting firm, BDO, until last year although they are no longer linked.

The SEC had sought audit work papers from the firms to assist its investigations of more than 130 Chinese companies trading on US markets that have been subject to accounting and disclosure questions in the past few years.

Many of those companies have their independent audits performed by the Chinese affiliates of the Big Four.

The SEC had wanted to know more about what the auditors had found about the companies.

But the Chinese firms refused to turn over the documents, saying Chinese law treats the information in such documents as "state secrets".

A shockwave is looming in China's multi-trillion dollar "shadow banking" system, with an unprecedented default only days away on a $500 million investment product sold to hundreds of people.

Staff at China's biggest bank ICBC pushed the "Credit Equals Gold #1 Trust Product" by promising returns of 10 percent a year, far more than traditional deposits, investors say.

But the coal company it was supposed to fund never obtained key licences for its activities, state media reported, and now the firm that structured it, China Credit Trust, says it may not be able to repay 3.0 billion yuan ($492 million) due on Friday.

The situation is a test case for cleaning up the risky "shadow banking" system in the world's second-largest economy.

Analysts said the government could use a default to send a message about the danger of speculative investments, while showing Beijing's commitment to reining in the vast pools of capital threatening financial stability.

But at the same time authorities must walk a fine balance between cracking down and preventing protests by angry investors -- as well as setting off a chain reaction that sharply tightens credit in an economy where growth is already slowing.

Chinese "shadow banking" is a massive network of lending outside formal channels and beyond the reach of regulators, including activities by online finance platforms, credit guarantee companies and microcredit firms.

It was as large as $4.8 trillion in 2012, more than half the country's gross domestic product, according to an estimate by ratings agency Moody's.

China's powerful State Council, or cabinet, reportedly issued internal guidelines in December to crack down on the sector.

But ratings agency Fitch said in a report: "The reforms may seem like a good beginning, but they have a long way to run."

China Credit Trust sold the investment product from 2010 through branches of the Industrial and Commercial Bank of China (ICBC), to around 700 of the bank's high net worth clients.

The trust channelled the funds to Zhenfu Energy in the country's mining heartland of Shanxi province. But the company's owner was detained by authorities in 2012, state media reported, raising questions over the viability of the firm.

"ICBC and China Credit Trust dug a hole, covered it with a straw mat and told us to jump in," said Gao Yiyang, an investor who spent almost $500,000 of his family's money on the product.

"It now appears our money was not used for any of the company's actual operations. It was purely fraud to get our money to fill a huge deficit hole," he told AFP.

In a letter sent to investors earlier this month, a copy of which was seen by AFP, China Credit Trust said: "Currently, there is still uncertainty over whether the trust can be converted to cash before January 31."

Products sold by China's roughly 65 trusts offer high returns and big risk, drawing comparisons to the West's "junk bonds" of the 1980s.

"Some central government-level policymakers could be open to seeing a default, as it would encourage more careful risk assessment," Goldman Sachs economist Andrew Tilton said in a recent research report.

But he added: "If the realisation of significant losses by investors causes others to pull back from funding various forms of shadow banking credit, overall credit conditions could theoretically tighten sharply with consequent damage to growth."

ICBC says it has no direct liability for the product. "We did not assume that kind of fixed responsibility," ICBC chairman Jiang Jianqing told US financial television channel CNBC.

"For investors, this incident provides them with a case whereby they can learn lessons. In future, when they invest in wealth (management) or other products, they must see clearly the risk," he said.

But Chinese investors have few choices on where to park their money, with low deposit rates, government controls over the property market, capital controls limiting overseas investment and one of the world's worst-performing stock markets last year.

The combination has caused a boom in informal lending offering better returns.

Investors might still get some money back. An insurance company and an asset management firm -- set up to handle banks' bad loans -- have been cited by state media as possible rescuers.

Richard Chang, a buyer who organised a gathering of investors in Shanghai, told AFP they would insist ICBC makes good any losses.

"We will never give up unless we get the money," he said.

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