to Private Equity
investment in China
The PE sector has an important role to play in the post Coronavirus recovery, and nowhere is this role more important than in China, which is the first country to re-emerge after three months of economic hibernation and its first downturn in decades.
to Private Equity
investment in China
While most industries across the globe are busy responding to the immediate continuity challenges presented by the Coronavirus crisis, one sector is already mobilising to ensure it can play its part to support the recovery cycle.
Private Equity (PE) has an important role to play in the recovery, and nowhere is this role more important than in China, which is the first country to re-emerge after months of economic hibernation and its first downturn in decades.
Some portfolio companies have been impacted, valuations distorted, and some liquidity and redemption issues encountered. But, despite this, there is dry powder ready to deploy and opportunities to seize.
Some PE firms have already started to make their move.
FastTrack: to Private Equity investment in China has three main elements:
Tailored for each client’s specific requirements, we offer customised solutions across virtually every need a GP, LP, fund or portfolio company may have.
Throughout the Coronavirus crisis, Intertrust Group has seen volumes pick up across Asia, particularly in China as private equity funds set up new investment structures. For example:
Support the set-up of an onshore Qualified Foreign Limited Partnership (QFLP) for a global asset manager investing into distressed debt and non-performing loan (NPL) opportunities in China.
Set up new investment structures for a Greater Bay Area focused real estate fund.
Incorporated substantial new structures for a series of real estate investments by a top US private equity firm.
As fund administrator, we helped successfully launch a new smart cities/real estate fund in Wuhan for an Asia-based investment management firm.
With the opening up of China’s non-performing loan segment to foreign investors, Intertrust was brought in to assist the set-up and administration of a Qualified Foreign Limited Partnership (QFLP) Fund.
THE SOLUTION
→ Support the establishment of onshore QFLP
→ RMB fund accounting & reporting
→ Onshore fund vehicle maintenance services, including book keeping, tax filing, treasury, custodian chops/certificates and annual compliance services
→ Set up and maintenance of joint venture vehicle
and various legal entities across Hong Kong and the UK
Our advantages
→ Cross jurisdictional teams supporting the client across Europe, the UK, China and Hong Kong
→ Local knowledge to help guide our client through a complex local regulatory environment in China
→ Global service delivery standards to ensure our client’s investors receive same level of comfort for their onshore investments in China as they receive in other jurisdictions
We supported our client with its investment into a Chinese consumer goods company, providing a wide range of services solution across the entire deal lifecycle, from handling the formalities at deal closing to enhancing the operational efficiency of the acquired entity.
THE SOLUTION
Deal structuring & closing
At the outset of the deal, the Intertrust Group team was brought into the process to set up a Hong Kong holding company, consolidate the existing entities of the target as well as working closely with their legal advisor to support the deal closing.
Post deal integration
→ Set-up of a new Hong Kong operating company to host four retail outlets and their employees
→ Performed health check on the past statutory records of the acquired entity and rectify them where applicable
→ Assisted the transition of the personnel from the acquired entity to the combined business
Ongoing operational efficiency
We also manage the back-office administrative activities of the new venture, and offer comprehensive financial management and control solution including:
→ Accounting and reporting
→ Cash flow forecasting and treasury
→ HR and payroll management
The long-term fundamentals of China’s business environment remain sound. China’s sheer size of population, its 400 million and growing middle class and the central government’s policy to prioritise domestic consumption (a stance likely to continue) sets a solid foundation for quality assets.
In addition, a number of recent reforms signals the commitment of China to welcome foreign investment:
China’s Foreign Investment Law (FIL): Effective from 1 January 2020, FIL introduced simplified procedures (such as streamlined entity establishment) and enables foreign investors to enhance their existing joint venture arrangements and better safeguard their intellectual property rights, resulting in a fairer market environment between domestic and foreign players.
Non-performing Loans (NPLs): China has expanded the capacity of the local asset management sector to purchase and manage NPLs, while also opening up the market to foreign investors via a range of reforms. As part of the Phase One China US Trade Deal, China will allow U.S. firms to apply for asset management company licenses and acquire non-performing loans directly from Chinese banks.
Greater Bay Area (GBA) opportunities – The GBA is China’s plan to integrate Hong Kong, Macau and nine cities in the Pearl River Delta (PRD), including Shenzhen and Guangzhou, into a leading economic and innovation hub for business growth. Each city is rolling out a range of sector-specific initiatives to attract investment.
Hong Kong PE Fund Regime – In March 2020, the new Limited Partnership Funds Bill was passed in Hong Kong, setting the stage for a new funds regime that is anticipated to offer an effective structure for PE firms in the region, creating a new alternative for China-focused PE funds looking to align economic substance with their fund domicile.
How can you seize the opportunities
and minimise the risks?
To find out more about how Intertrust can help Fast Track your opportunities in China, talk to our team today.
Regulatory information is detailed on intertrustgroup.com/legalnotice