I am puzzling why everybody talked about getting burned by Chinese ADR. If you were not speculating, you should have very good experience with them since investing in Baidu, Tencent, Alibaba, Weibo, Sina and Momo, even Ctrip, Vishop, Tal Education and EDU (New Oriental). These are all companies listed in US and follow strict SEC requirement.
True, foreign companies do have to meet minimum requirements to be listed on an American exchange. However, that’s all they have to do. While you are correct in that for a listed corporation to have completely false books would be a bad reflection on Chinese business, it wouldn’t be that big a deal, nor a big surprise, nor the first occurrence. The bottom line is that the SEC can not go into a Chinese company and demand to see the books, nor their inventory in the back room. Short of starting WWIII, there is no way around this and maybe there never will be until China gets to the point where they need foreign investment capital much more than they do today.
I think sometimes we forget or maybe even don’t quite believe, that U.S. laws regarding banking, public corporations, commerce and patents - crappy as they sometimes are - are precisely and only what sets us apart from the rest of the world. Ingenuity, originality, entrepreneurship? Sure, they’re important and they are now part of our fabric. But why did they happen more often here than elsewhere? Are we that much smarter than others? I don’t think so.
We would not be leaders in business without a foundation built on the rule of law. That’s why so many folks are so up-in-arms antagonistic when our leaders try to weaken or even rescind the very things that got us here on the world stage in the first place. Whenever you hear your favorite politician - of any party - promise to dismantle the SEC or weaken consumer laws, run. It’s time to invest in something besides US equities. I’m quite sure even corporate crooks who would rather cheat their way to profit, than earn it the hard way, if they’re smart, realize this truth. Unless they live in say, well … China? What’s the SEC going to do to me, send a blazing tweet? Oh, my.
We could write the SEC and ask them: “What can you do for me if a Chinese company cooks the books and goes boobs up?” Wait, did I say “we”? I meant to say “Someone” could write them. Not me, I have some pride. But I would love to hear their laughte … er, reply.
Invest in China? To each his own, that’s a decision for every investor to make. Personally I think investing is exciting enough here in the west, even with our commerce laws which of course aren’t foolproof. But that probably means record profits for US investors in Ali Babba et. al., so invest accordingly. And may luck be always in your favor.
Dan