There are reasons as to why Chinese stocks on non-Chinese exchanges have been a problem in the past:
- The VIE structure used for many China stocks is dubious.
- China is an easily-marketable theme that attracted the pump and dump industry.
- No repercussions for egregious accounting fraud.
Have investors learned their lesson? Apparently not! More Chinese stocks with VIE structures are being IPOed. This is despite the VIE structure becoming even more dubious. China Law Blog has an excellent post explaining why the VIE (should have) died on January 19, 2015. Go read it.
Draft makes clear that the State Council understands how VIEs work and that their sole function is to evade the requirements of Chinese law. The Draft makes clear that such evasion is illegal and will be prohibited upon the effective date of the new investment law.
I hope that the investors who buy into the newly-minted Chinese VIEs lend their shares out.