Use of Preference Shares in Chinese Companies as a Viable Investment/Financing Tool

Capital Markets Law Journal (Oxford University Press), 2016, vol. 11, No. 2. pp 317-335

36 Pages Posted: 5 Nov 2015 Last revised: 9 Jun 2016

See all articles by Wei Cai

Wei Cai

Law School, Sun Yat-sen University

Date Written: March 16, 2016

Abstract

This article studies the revival of preference shares in China and its strengths and dangers as a viable investment/financing tool. Its main strength is to help Chinese banks meet new capital adequacy requirements and to stimulate the stagnant stock market, and its core danger is its potential misuse by dominant shareholders to expropriate profits from minority common shareholders in the context of weak minority shareholder protection and insufficient cash dividends in the Chinese stock market. Empirical evidence gives partial support to this understanding of its danger because the impact of preference shares on existing common shareholders is mixed and differs among different types of companies. This article also shows that the current regulatory regime in China provides comprehensive protection for preference shareholders, and that compared to minority common shareholders, preference shareholders are in an advantageous position. Although it has the potential danger of being misused by controlling shareholders to expropriate profits from minority common shareholders, it has been used effectively as a viable investment and financing tool in China.

Keywords: preference shares, common shares, dividend yields, expropriation, China

Suggested Citation

Cai, Wei, Use of Preference Shares in Chinese Companies as a Viable Investment/Financing Tool (March 16, 2016). Capital Markets Law Journal (Oxford University Press), 2016, vol. 11, No. 2. pp 317-335, Available at SSRN: https://ssrn.com/abstract=2685949

Wei Cai (Contact Author)

Law School, Sun Yat-sen University ( email )

No. 135 Xigangxi Road
Guangzhou, 510275
China

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