financetom
Business
financetom
/
Business
/
Analysis-China Evergrande subsidiary dealings raises prospects for offshore creditors
News World Market Environment Technology Personal Finance Politics Retail Business Economy Cryptocurrency Forex Stocks Market Commodities
Analysis-China Evergrande subsidiary dealings raises prospects for offshore creditors
Aug 22, 2024 11:02 PM

HONG KONG (Reuters) - Offshore creditors of China Evergrande ( EGRNF ) might be able to increase their chance of recovering funds if they can prove the property developer is due money from onshore subsidiaries, to which they would therefore be entitled, experts said.

Those creditors became de facto shareholders of Evergrande's onshore assets due to a January liquidation order in Hong Kong, giving them another avenue to recoup money from a firm whose offshore liabilities alone reached as much as $23 billion.

Shareholders have the lowest seniority when recovering debt. However, in the case of two electric vehicle (EV) units and a property unit, they could be considered creditors which have higher seniority should the court-ordered reorganisation of the former and liquidation of the other reveal those subsidiaries have outstanding loans extended by China Evergrande ( EGRNF ).

"Offshore creditors who can prove Evergrande lent money to these onshore restructured businesses have a legal right to claim back money, based on experience," said Glen Ho, Deloitte China's national turnaround and restructuring leader.

Ho cited a case involving his team in which offshore creditors of China Huishan Dairy received payouts through the restructuring of onshore subsidiaries who had borrowed from the parent.

Creditors of the Evergrande units - including Evergrande itself, if there are outstanding loans - must report details of money owed before creditor meetings on Oct. 22 for Evergrande New Energy Vehicle (Guangdong) and Evergrande Smart Automotive (Guangdong), and Nov. 14 for Guangzhou Kailong Real Estate.

Evergrande liquidators - appointed by the Hong Kong court to represent offshore creditors - declined to comment. Its flagship onshore operation Hengda Real Estate declined to comment.

Calls to the Guangzhou Intermediary Court, which is overseeing the subsidiaries' cases, went unanswered.

The possibility of Evergrande's offshore creditors recouping funds through subsidiaries adds another chapter to the downfall of what was once China's biggest property conglomerate.

It also raises the possibility of offshore creditors filing proof of debt between Evergrande and other subsidiaries, and pursuing funds by pushing for those units' restructuring, experts said. Even so, recovery will be challenging, they said.

"The process will be lengthy and it will be hard to navigate the mainland restructuring process," Ho said.

The Hong Kong ruling designating offshore shareholders - through the liquidators - as shareholders of onshore assets is not automatically recognised in mainland China.

Moreover, being designated de facto shareholders of the subsidiaries, offshore creditors rank below those onshore so they will struggle to recover anything at all, said a restructuring expert in Hong Kong, declining to be identified as they were not authorised to speak with media.

With legal cases both onshore and off, creditor interests could also clash while they pursue the same assets.

For instance, the EV units' reorganisation is likely to disrupt a deal Evergrande liquidators announced in May to sell the property developer's stake in Hong Kong-listed China Evergrande New Energy Vehicle, analysts said.

Still, it is important that offshore investors are involved in government-led bankruptcy processes, and to ensure those process are transparent, said Qiao Shitong, a professor specialising in property law at Duke University's Law School.

"Letting the court handle such complicated cases, and making sure procedures are followed in the spirit of justice, is more important than who gets what," he said.

Comments
Welcome to financetom comments! Please keep conversations courteous and on-topic. To fosterproductive and respectful conversations, you may see comments from our Community Managers.
Sign up to post
Sort by
Show More Comments
Related Articles >
Google agrees $36 million fine for anti-competitive deals with Australia telcos
Google agrees $36 million fine for anti-competitive deals with Australia telcos
Aug 17, 2025
SYDNEY, Aug 18 (Reuters) - Google agreed on Monday to pay a A$55 million ($35.8 million) fine in Australia after the consumer watchdog found it had hurt competition by paying the country's two largest telcos to pre-install its search application on Android phones, excluding rival search engines. The fine extends a bumpy period for the Alphabet-owned internet giant in Australia,...
Novo Nordisk says Wegovy launch in India will be without supply constraints
Novo Nordisk says Wegovy launch in India will be without supply constraints
Jun 24, 2025
COPENHAGEN, June 24 (Reuters) - Danish drugmaker Novo Nordisk will launch its weight-loss drug Wegovy in India without any supply constraints, a company spokesperson said on Tuesday. We are committed to addressing the unmet needs of patients living with chronic diseases such as obesity, thus this will be a full launch, the spokesperson said in an emailed statement. We do...
No large investors shut out of MPS stake placement in November, Akros says
No large investors shut out of MPS stake placement in November, Akros says
Jun 24, 2025
MILAN, June 24 (Reuters) - Italy's Banca Akros, the investment bank of Banco BPM, said on Tuesday that no large investors were shut out of the placement it handled in November of a 15% stake in Monte dei Paschi on behalf of the Rome government. This includes UniCredit, Norway's oil fund and BlackRock ( BLK ), Banca Akros added in...
US safety board to scrutinize Boeing role in 737 MAX 9 mid-air emergency
US safety board to scrutinize Boeing role in 737 MAX 9 mid-air emergency
Jun 24, 2025
WASHINGTON, June 24 (Reuters) - The U.S. National Transportation Safety Board will hold a hearing on Tuesday to determine the probable cause of a mid-air cabin panel blowout of a new Boeing 737 MAX 9 flight in January 2024 that spun the planemaker into a major crisis. The board is expected to harshly criticize Boeing's ( BA ) safety culture...
Copyright 2023-2026 - www.financetom.com All Rights Reserved