Q: What are your thoughts on Activision at this point. I am thinking of adding to my holdings once it appears to have bottomed here. What are your thoughts (ignoring issues of balance and other holdings)?
thanks
Joe
thanks
Joe
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Investment Q&A
Not investment advice or solicitation to buy/sell securities. Do your own due diligence and/or consult an advisor.
Q: Hi 5i team. When Ms. Wilkins (No. two in the BOC) referred to 'neutral' interest rates in her speech, did she mean short term rates, 10 years or long government bonds? Thanks. Henry
Q: Peter and company,quick pick on Alibaba.
I always wondered why a Chinese company would relinquish some ownership ''just'' to have the dubious privilege of an American listing.
Well I got the answer via 'Wall street on Parade' yesterday: they simply don't give up anything and that makes much better sense for them. Does it for you?
If you are interested, read on:
The concerns about this Chinese company’s opaque structure as a Variable Interest Entity (VIE) in the Cayman Islands are so serious that a U.S. Senator, Bob Casey (D-Pa), issued two letters this year to Mary Jo White, SEC Chair, demanding answers.
In a July 11, 2014 letter, Senator Casey drilled down to the core of the stock ownership problem, writing:
“…American investors in Chinese companies often do not enjoy the same protections and legal guarantees that they are afforded when they invest in American firms. Most Chinese firms that list in the U.S. use a structure known as a variable interest entity (VIE). VIEs are shell companies that give investors contractual claims to a firm’s profits but do not legally grant them ownership of the company. For example, according to Alibaba’s securities filing, Americans who invest in the company will not be buying stakes in Alibaba’s profitable e-commerce business, but in a related Cayman Islands shell company. These structures allow companies to circumvent Chinese regulatory restrictions on foreign investment.
“More concerning, given the Chinese government’s interest in restricting foreign ownership in certain industries, it is far from clear that the contractual claims underlying VIEs are enforceable. In fact, in recent years Chinese courts and arbitration boards appear to have invalidated VIE contracts and similar arrangements. As a result, VIE structures pose significant risks to American investors accustomed to the idea that shares sold on stock exchanges amount to legally sound ownership stakes in revenue-generating companies.”
The VIE structure for Chinese companies trading in the U.S. sounds more like an international lawsuit waiting to happen than an ownership piece of the corporate pie. If you think VIE shareholders have any right to elect the Board of Directors of this company, think again. Here’s a revealing section from the Alibaba prospectus:
“Risks Related to Our Corporate Structure
“The Alibaba Partnership and related voting agreements will limit your ability to nominate and elect directors.
“Our articles of association, as we expect them to be amended and become effective upon completion of this offering, will have the effect of allowing the Alibaba Partnership to nominate a simple majority of our board of directors…
“The interests of the Alibaba Partnership may conflict with your interests.
“The nomination rights of the Alibaba Partnership will limit your ability to influence corporate matters, including any matters to be determined by our board of directors. The interests of the Alibaba Partnership may not coincide with your interests, and the Alibaba Partnership or its director nominees may make decisions with which you disagree, including decisions on important topics such as compensation, management succession, acquisition strategy and our business and financial strategy.”
The history of Chinese companies listing here in the U.S. hasn’t exactly been a rose garden for investors either. Senator Casey notes the following in his July 17 letter:
“In the past three years alone, the SEC has charged a number of China-based companies with fraud, including China Sky One Medical Inc., AutoChina, SinoTech Energy Limited and China MediaExpress. The sheer number of fraud cases involving China-based companies listed in the U.S. reveals systemic problems with many Chinese companies’ legal structures and accounting practices. Indeed, earlier this year, SEC Administrative Law Judge Cameron Elliot ruled that the Chinese units of several large accounting firms could not audit U.S.-listed companies due to their willful failure to disclose information to U.S. financial regulators.”
This seems to be more the realm of traders than the one of your subscribers, don't you think so?
I always wondered why a Chinese company would relinquish some ownership ''just'' to have the dubious privilege of an American listing.
Well I got the answer via 'Wall street on Parade' yesterday: they simply don't give up anything and that makes much better sense for them. Does it for you?
If you are interested, read on:
The concerns about this Chinese company’s opaque structure as a Variable Interest Entity (VIE) in the Cayman Islands are so serious that a U.S. Senator, Bob Casey (D-Pa), issued two letters this year to Mary Jo White, SEC Chair, demanding answers.
In a July 11, 2014 letter, Senator Casey drilled down to the core of the stock ownership problem, writing:
“…American investors in Chinese companies often do not enjoy the same protections and legal guarantees that they are afforded when they invest in American firms. Most Chinese firms that list in the U.S. use a structure known as a variable interest entity (VIE). VIEs are shell companies that give investors contractual claims to a firm’s profits but do not legally grant them ownership of the company. For example, according to Alibaba’s securities filing, Americans who invest in the company will not be buying stakes in Alibaba’s profitable e-commerce business, but in a related Cayman Islands shell company. These structures allow companies to circumvent Chinese regulatory restrictions on foreign investment.
“More concerning, given the Chinese government’s interest in restricting foreign ownership in certain industries, it is far from clear that the contractual claims underlying VIEs are enforceable. In fact, in recent years Chinese courts and arbitration boards appear to have invalidated VIE contracts and similar arrangements. As a result, VIE structures pose significant risks to American investors accustomed to the idea that shares sold on stock exchanges amount to legally sound ownership stakes in revenue-generating companies.”
The VIE structure for Chinese companies trading in the U.S. sounds more like an international lawsuit waiting to happen than an ownership piece of the corporate pie. If you think VIE shareholders have any right to elect the Board of Directors of this company, think again. Here’s a revealing section from the Alibaba prospectus:
“Risks Related to Our Corporate Structure
“The Alibaba Partnership and related voting agreements will limit your ability to nominate and elect directors.
“Our articles of association, as we expect them to be amended and become effective upon completion of this offering, will have the effect of allowing the Alibaba Partnership to nominate a simple majority of our board of directors…
“The interests of the Alibaba Partnership may conflict with your interests.
“The nomination rights of the Alibaba Partnership will limit your ability to influence corporate matters, including any matters to be determined by our board of directors. The interests of the Alibaba Partnership may not coincide with your interests, and the Alibaba Partnership or its director nominees may make decisions with which you disagree, including decisions on important topics such as compensation, management succession, acquisition strategy and our business and financial strategy.”
The history of Chinese companies listing here in the U.S. hasn’t exactly been a rose garden for investors either. Senator Casey notes the following in his July 17 letter:
“In the past three years alone, the SEC has charged a number of China-based companies with fraud, including China Sky One Medical Inc., AutoChina, SinoTech Energy Limited and China MediaExpress. The sheer number of fraud cases involving China-based companies listed in the U.S. reveals systemic problems with many Chinese companies’ legal structures and accounting practices. Indeed, earlier this year, SEC Administrative Law Judge Cameron Elliot ruled that the Chinese units of several large accounting firms could not audit U.S.-listed companies due to their willful failure to disclose information to U.S. financial regulators.”
This seems to be more the realm of traders than the one of your subscribers, don't you think so?
Q: Please give your current opinion on MUX, notwithstanding the current decline in the gold price. Thanks
Q: CSU had a good run and has been consolidating at the current price level. Any developments that would warrant adding on a pullback here?
Q: Could you please update me on alexco (AXR). I don't understand your june 19 answer about if silver at 19.45 they get 18.00 per ounce but if silver goes up or down they get less. At silver $35 per ounce they only get $3.90 per ounce.
I read the news release on the change and didn't understand that either.
What value does their mine and environmental clean up division have?
Also a general comment on mining companies developing old mining areas?
Thanks Doug
I figure modern technologie will bring out things from the past?
I read the news release on the change and didn't understand that either.
What value does their mine and environmental clean up division have?
Also a general comment on mining companies developing old mining areas?
Thanks Doug
I figure modern technologie will bring out things from the past?
Q: What do you think about RET? Their last earnings were pretty good. Do you think it is a good position to hold for takeover potential? Thanks
Q: GLV has sold its pulp and paper and now is strictly in water purification.Can you give me an upgrade on its merits.Thanks Don
Q: your comments re this co. with a 2 year projection.
Q: Hi guys, any comments on VCM earnings and the implementation of a dividend?
Thanks!
Thanks!
Q: Today I want to open position in pipelines.Please tell mi which one of this three IPL ,PPL,KEY is # 1, 2 and 3 to buy and why?
If possible please answer my question during today's market hours. Thank you
AndrewB.
If possible please answer my question during today's market hours. Thank you
AndrewB.
Q: I own a house in the GTA and I'm worried about a housing market correction and that the value of my house could drop 300,000 - 400,000 in the next 3-4 years. How can I hedge this risk? Any suggestions or ideas? Is there any cheap derivative products that I could buy? Etc. Thanks!
Q: Hi team,
In your opinion, do you think the deal will go through? Is it a hold or sell position?
Thank you.
In your opinion, do you think the deal will go through? Is it a hold or sell position?
Thank you.
Q: Hi, for those of us taking either all cash or partial cash in the Tim Hortons / Burger King deal, what are your recommendations to replace THI with (consumer discretionary).
Thanks,
Thanks,
Q: Since we are having a correction, I need to free up some cash to buy stocks I have been waiting for to pull back. Do you recommend selling a partial position of a winning position or selling a losing position(precious metals of course).The new positions I want will help diversify my portfolio. I am tempted to sell the losing position. Also, could you guys give any recommendations on a course of action with this correction and any possible future outlook of the economy etc..... Or any nuggets of wisdom you wish to throw out there.
Thank you
Thank you
Q: Waiting for an entry point on your A rated stocks. Held on to excess cash for this reason. Should I just go with A rated or lower? I know you don't like to time the market but what might be the turning point clue?
Q: If you were going to make a high risk investment and choose between either MCR or ORT, which would you choose? Have insiders at MCR been buying or selling over the last six months. Thanks for your invaluable service.
Q: Hi,
I've been looking to take a position in VIG in US dollars in my RSP account. I see that you recently recommended CUD, another US dividend ETF. Would you recommend one over the other?
Thank you,
I've been looking to take a position in VIG in US dollars in my RSP account. I see that you recently recommended CUD, another US dividend ETF. Would you recommend one over the other?
Thank you,
Q: the pipelines enb,ipl,trp,ppl have showed quite a downturn recently-is it just profit taking or is some other reasons ?
Q: Canacol reported its Q4 and FY2014 results on Sep. 23rd. In my opinion the numbers looked good but the stock did not get any lift to it price. Is this reaction more sector and market related or more company specific? What is your take on their results? Thanks, Gerry