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China

HTC May Need to Consider Merger

As HTC Corp. slides toward its first operating loss on record, a growing chorus of analysts is suggesting a cross-strait merger as a last-ditch solution. But a marriage on the other shore would hinge as much on politics as well balance sheet considerations. From a financial perspective, an alliance with a Chinese company could make sense for the embattled Taiwanese smartphone maker, some analysts say. “They’re already at a loss-making level and have not been able to turn around, so they need to find a way to do a merger or another way to inject cash,” said JPMorgan analyst Alvin Kwock. “A merger with a company like Huawei could be a solution.” Other brokerages such as Macquarie have also named Chinese companies like Huawei Technologies Co. and Lenovo Group Ltd. as potential partners. HTC, Lenovo and Huawei all declined to comment on whether they would consider such a partnership. A Chinese partnership would open up the huge China market — which shares the same language with Taiwan — to HTC, which is struggling with higher costs from shrinking economies of scale. A Chinese company like Huawei could likewise benefit from HTC’s stronger brand and technology. Meanwhile, HTC shares are at an eight-year-low and continue to fall. They shed 6.7% to NT$159.50 on Wednesday following the company’s gloomy third-quarter forecast. Several brokerages have slashed their target prices to NT$100 or below in recent weeks. Taiwan’s Investment Commission said a merger between HTC and a Chinese company would be technically allowable as there is not a cap on Chinese investment in Taiwan’s telephone and handset manufacturing sector. But even if there were such an offer, there is no guarantee that Chairwoman and Co-Founder Cher Wang — who together with her husband own 6.4% of the company, the largest stake — would be willing to sell. The company is very much under the sway of Ms. Wang, so it is unlikely that a takeover could succeed without her agreement. And politically, such a match would be next to impossible to pull off. Even much smaller investments by Chinese companies in Taiwan often find it impossible to clear regulatory scrutiny. The reason for the strict standards is mainly political: Beijing has made quite clear that its eventual goal is to reunify Taiwan with the mainland. Read more on Digits.

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As HTC Corp. slides toward its first operating loss on record, a growing chorus of analysts is suggesting a cross-strait merger as a last-ditch solution. But a marriage on the other shore would hinge as much on politics as well balance sheet considerations. From a financial perspective, an alliance with a Chinese company could make sense for the embattled Taiwanese smartphone maker, some analysts say. “They’re already at a loss-making level and have not been able to turn around, so they need to find a way to do a merger or another way to inject cash,” said JPMorgan analyst Alvin Kwock. “A merger with a company like Huawei could be a solution.” Other brokerages such as Macquarie have also named Chinese companies like Huawei Technologies Co. and Lenovo Group Ltd. as potential partners. HTC, Lenovo and Huawei all declined to comment on whether they would consider such a partnership. A Chinese partnership would open up the huge China market — which shares the same language with Taiwan — to HTC, which is struggling with higher costs from shrinking economies of scale. A Chinese company like Huawei could likewise benefit from HTC’s stronger brand and technology. Meanwhile, HTC shares are at an eight-year-low and continue to fall. They shed 6.7% to NT$159.50 on Wednesday following the company’s gloomy third-quarter forecast. Several brokerages have slashed their target prices to NT$100 or below in recent weeks. Taiwan’s Investment Commission said a merger between HTC and a Chinese company would be technically allowable as there is not a cap on Chinese investment in Taiwan’s telephone and handset manufacturing sector. But even if there were such an offer, there is no guarantee that Chairwoman and Co-Founder Cher Wang — who together with her husband own 6.4% of the company, the largest stake — would be willing to sell. The company is very much under the sway of Ms. Wang, so it is unlikely that a takeover could succeed without her agreement. And politically, such a match would be next to impossible to pull off. Even much smaller investments by Chinese companies in Taiwan often find it impossible to clear regulatory scrutiny. The reason for the strict standards is mainly political: Beijing has made quite clear that its eventual goal is to reunify Taiwan with the mainland. Read more on Digits.

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HTC May Need to Consider Merger

China

Exploring the Revamped China Certified Emission Reduction (CCER) Program: Potential Benefits for International Businesses

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Companies in China must navigate compliance, trading, and reporting within the CCER framework, impacting operations and strategic objectives. The program focuses on afforestation, solar, wind power, and mangrove creation, offering opportunities for innovation and revenue streams while ensuring transparency and accuracy. The Ministry of Ecology and Environment oversees the program.


As companies navigate the complexities of compliance, trading, and reporting within the CCER framework, they must also contend with the broader implications for their operations, finances, and strategic objectives.

This article explores the multifaceted impact of the CCER program on companies operating in China, examining both the opportunities for innovation and growth, as well as the potential risks and compliance considerations.

Initially, the CCER will focus on four sectors: afforestation, solar thermal power, offshore wind power, and mangrove vegetation creation. Companies operating within these sectors can register their accredited carbon reduction credits in the CCER system for trading purposes. These sectors were chosen due to their reliance on carbon credit sales for profitability. For instance, offshore wind power generation, as more costly than onshore alternatives, stands to benefit from additional revenue streams facilitated by CCER transactions.

Currently, primary buyers are expected to be high-emission enterprises seeking to offset their excess emissions and companies aiming to demonstrate corporate social responsibility by contributing to environmental conservation. Eventually, the program aims to allow individuals to purchase credits to offset their carbon footprints. Unlike the mandatory national ETS, the revamped CCER scheme permits any enterprise to buy carbon credits, thereby expanding the market scope.

The Ministry of Ecology and Environment (MEE) oversees the CCER program, having assumed responsibility for climate change initiatives from the National Development and Reform Commission (NDRC) in 2018. Verification agencies and project operators are mandated to ensure transparency and accuracy in disclosing project details and carbon reduction practices.

On the second day after the launch on January 23, the first transaction in China’s voluntary carbon market saw the China National Offshore Oil Corporation (CNOOC), the country’s largest offshore oil and gas producer, purchase 250,000 tons of carbon credits to offset its emissions.

This article is republished from China Briefing. Read the rest of the original article.

China Briefing is written and produced by Dezan Shira & Associates. The practice assists foreign investors into China and has done since 1992 through offices in Beijing, Tianjin, Dalian, Qingdao, Shanghai, Hangzhou, Ningbo, Suzhou, Guangzhou, Dongguan, Zhongshan, Shenzhen, and Hong Kong. Please contact the firm for assistance in China at china@dezshira.com.

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China Implements New Policies to Boost Foreign Investment in Science and Technology Companies

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China’s Ministry of Commerce announced new policy measures on April 19, 2023, to encourage foreign investment in the technology sector. The measures include facilitating bond issuance, improving the investment environment, and simplifying procedures for foreign institutions to access the Chinese market.


On April 19, 2023, China’s Ministry of Commerce (MOFCOM) along with nine other departments announced a new set of policy measures (hereinafter, “new measures”) aimed at encouraging foreign investment in its technology sector.

Among the new measures, China intends to facilitate the issuance of RMB bonds by eligible overseas institutions and encourage both domestic and foreign-invested tech companies to raise funds through bond issuance.

In this article, we offer an overview of the new measures and their broader significance in fostering international investment and driving innovation-driven growth, underscoring China’s efforts to instill confidence among foreign investors.

The new measures contain a total of sixteen points aimed at facilitating foreign investment in China’s technology sector and improving the overall investment environment.

Divided into four main chapters, the new measures address key aspects including:

Firstly, China aims to expedite the approval process for QFII and RQFII, ensuring efficient access to the Chinese market. Moreover, the government promises to simplify procedures, facilitating operational activities and fund management for foreign institutions.

This article is republished from China Briefing. Read the rest of the original article.

China Briefing is written and produced by Dezan Shira & Associates. The practice assists foreign investors into China and has done since 1992 through offices in Beijing, Tianjin, Dalian, Qingdao, Shanghai, Hangzhou, Ningbo, Suzhou, Guangzhou, Dongguan, Zhongshan, Shenzhen, and Hong Kong. Please contact the firm for assistance in China at china@dezshira.com.

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Q1 2024 Brief on Transfer Pricing in Asia

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Indonesia’s Ministry of Finance released Regulation No. 172 of 2023 on transfer pricing, consolidating various guidelines. The Directorate General of Taxes focuses on compliance, expanded arm’s length principle, and substance checks. Singapore’s Budget 2024 addresses economic challenges, operational costs, and sustainability, implementing global tax reforms like the Income Inclusion Rule and Domestic Top-up Tax.


Indonesia’s Ministry of Finance (MoF) has released Regulation No. 172 of 2023 (“PMK-172”), which prevails as a unified transfer pricing guideline. PMK-172 consolidates various transfer pricing matters that were previously covered under separate regulations, including the application of the arm’s length principle, transfer pricing documentation requirements, transfer pricing adjustments, Mutual Agreement Procedure (“MAP”), and Advance Pricing Agreements (“APA”).

The Indonesian Directorate General of Taxes (DGT) has continued to focus on compliance with the ex-ante principle, the expanded scope of transactions subject to the arm’s length principle, and the reinforcement of substance checks as part of the preliminary stage, indicating the DGT’s expectation of meticulous and well-supported transfer pricing analyses conducted by taxpayers.

In conclusion, PMK-172 reflects the Indonesian government’s commitment to addressing some of the most controversial transfer pricing issues and promoting clarity and certainty. While it brings new opportunities, it also presents challenges. Taxpayers are strongly advised to evaluate the implications of these new guidelines on their businesses in Indonesia to navigate this transformative regulatory landscape successfully.

In a significant move to bolster economic resilience and sustainability, Singapore’s Deputy Prime Minister and Minister for Finance, Mr. Lawrence Wong, unveiled the ambitious Singapore Budget 2024 on February 16, 2024. Amidst global economic fluctuations and a pressing climate crisis, the Budget strategically addresses the dual challenges of rising operational costs and the imperative for sustainable development, marking a pivotal step towards fortifying Singapore’s position as a competitive and green economy.

In anticipation of global tax reforms, Singapore’s proactive steps to implement the Income Inclusion Rule (IIR) and Domestic Top-up Tax (DTT) under the BEPS 2.0 framework demonstrate a forward-looking approach to ensure tax compliance and fairness. These measures reaffirm Singapore’s commitment to international tax standards while safeguarding its economic interests.

Transfer pricing highlights from the Singapore Budget 2024 include:

This article is republished from China Briefing. Read the rest of the original article.

China Briefing is written and produced by Dezan Shira & Associates. The practice assists foreign investors into China and has done since 1992 through offices in Beijing, Tianjin, Dalian, Qingdao, Shanghai, Hangzhou, Ningbo, Suzhou, Guangzhou, Dongguan, Zhongshan, Shenzhen, and Hong Kong. Please contact the firm for assistance in China at china@dezshira.com.

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