News & Analysis as of

China Sarbanes-Oxley

White & Case LLP

PCAOB and Chinese Authorities Sign Agreement, Taking First Step Toward Complete Access for PCAOB to Inspect and Investigate...

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On August 26, 2022, the US Public Company Accounting Oversight Board (the "PCAOB") signed a Statement of Protocol (the "SOP") with the China Securities Regulatory Commission (the "CSRC") and the Ministry of Finance of the...more

Dorsey & Whitney LLP

China Based VIEs - Is Disclosure Enough?

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Companies based in China have long sought to list their shares for trading on U.S. markets. The reason is clear - the U.S. markets are deep, liquid and the envy of the world....more

Dorsey & Whitney LLP

Is a Proper Audit Possible of China Operations?

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The Public Company Accounting Oversight Board published a proposed rule designed to create a framework for determinations to be made under the Holding Foreign Companies Accountable Act passed last year (HFCAA). That Act...more

Mayer Brown Free Writings + Perspectives

SEC Adopts Interim Final Rules to Implement the Holding Foreign Companies Accountable Act

On March 24, 2021, the US Securities and Exchange Commission (SEC) adopted interim final rules to implement portions of the Holding Foreign Companies Accountable Act (the HFCA Act), which was signed into law by President...more

Miller Canfield

Holding Foreign Companies Accountable Act Signed into Law

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The Holding Foreign Companies Accountable Act (Act), which was signed into law by President Trump on December 18, 2020, amends the Sarbanes-Oxley Act of 2002 (Sarbanes-Oxley) and requires the Securities and Exchange...more

ArentFox Schiff

Trump and Congress Pave the Way for Potential Delisting of Publicly Traded Chinese Companies from US Stock Exchanges

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On December 18, President Trump signed into law the Holding Foreign Companies Accountable Act, which aims to increase oversight of Chinese companies listed on US stock exchanges and force the delisting of those that refuse to...more

Mayer Brown Free Writings + Perspectives

U.S. House of Representatives Passes Bill Requiring Delisting of Covered Issuers for Continued Failure to Allow PCAOB Inspection

On December 2, 2020, the U.S. House of Representatives (“House”) passed the Holding Foreign Companies Accountable Act, Senate Bill No. 945 (the “bill”)....more

K2 Integrity

Coffee Woes Continue

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It has been a rough few months for Luckin Coffee. The company once compared as China’s homegrown Starbucks ignited controversy when it disclosed earlier this year that much of its 2019 revenues were fabricated. Its problems...more

Mayer Brown Free Writings + Perspectives

U.S. Senate Passes Bill Forcing Chinese Companies to Adhere to U.S. Securities Laws

On May 20, 2020, the U.S. Senate unanimously approved  bipartisan legislation (the “bill”) that would amend Section 104 of the Sarbanes-Oxley Act of 2002....more

Allen Matkins

9th Circuit Holds FCPA Is Not A "Rule Or Regulation" Of The SEC

Allen Matkins on

In 2013, Sanford Wadler, the General Counsel of Bio-Rad Laboratories, Inc., delivered a report to the company's audit committee. His report expressed his belief that the company had engaged in serious and prolonged violations...more

The Volkov Law Group

Johnson Controls Pays $14 Million for China FCPA Violations: DOJ Declines Prosecution

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At first glance, the SEC’s recent enforcement action against Johnson Controls for $14 million for FCPA violations in China, along with a Justice Department declination under its new Pilot Program, appears to be a “routine”...more

Thomas Fox - Compliance Evangelist

Enforcement Week II: The Johnson Controls FCPA Enforcement Action – Part I

I continue my exploration of recent enforcement matters and issues by turning to the Johnson Controls, Inc. (JCI) Foreign Corrupt Practices Act (FCPA) enforcement action, which was announced last week. Mike Volkov has called...more

McDermott Will & Emery

International News: Focus on Compliance

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In This Issue - Welcome to the final issue of International News for 2014. As regulatory oversight of companies—from Sarbanes Oxley and the Dodd-Frank Act to the Foreign Corrupt Practices Act and the UK Bribery...more

Skadden, Arps, Slate, Meagher & Flom LLP

"SEC Judge Issues Initial Decision Regarding Chinese Affiliates of the Big Four Accounting Firms"

On January 22, 2014, U.S. Securities and Exchange Commission Administrative Law Judge Cameron Elliot (the ALJ) issued an initial decision censuring the Chinese accounting firms affiliated with Ernst & Young LLP, KPMG LLP...more

Troutman Pepper

Business Forum: Overseas Firms Look To U.S. For IPOs

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When China's e-commerce giant Alibaba -- with a valuation that may make it the world's third-largest Internet company behind only Google and Amazon -- made the decision to go public, listing in Hong Kong was its natural first...more

Sheppard Mullin Richter & Hampton LLP

Between Mortar and Pestle: SEC Pressure Grinds Auditors Against PRC State Interests

Comity among US and Chinese regulators may top this New Year’s wish list for United States-listed companies in China. After a failed six-month pursuit of a diplomatic solution, the SEC revived its federal court petition to...more

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