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Senate passes bill on oversight of Chinese companies; Alibaba, JD, Baidu shares move sharply lower


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The U.S. Senate passed legislation on Wednesday that could ban many Chinese companies from listing shares on U.S. exchanges or raising money from American investors without adhering to Washington’s regulatory and audit standards.

 

The bill, sponsored by Louisiana Republican Sen. John Kennedy, would require companies to certify that “they are not owned or controlled by a foreign government.” Alibaba, the e-commerce giant based in China, saw its stock fall more than 2% on the news.

Though the law could be applied to any foreign company that seeks access to U.S. capital, lawmakers say the move to strengthen disclosure requirements is aimed principally at Beijing.

“The Chinese Communist Party cheats, and the Holding Foreign Companies Accountable Act would stop them from cheating on U.S. stock exchanges,” Kennedy wrote on Twitter Tuesday afternoon. “We can’t let foreign threats to Americans’ retirement funds take root in our exchanges.”

The statue would require such certification if the Public Company Accounting Oversight Board is unable to audit specified reports because the firm uses a foreign accounting firm not subject to inspection by the board. The Public Company Accounting Oversight Board is the nonprofit body that oversees audits of all U.S. companies that wish to raise money in the public markets.

Furthermore, if the board is unable to inspect the company’s accounting firm for three consecutive years, the issuer’s securities are banned from trade on a national exchange.

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