Post by Khoo Boon Han
Lawyer | Entrepreneur | Contrarian | Provocateur | Maverick
๐๐ก๐ข๐ง๐ ๐๐ฎ๐ฌ๐ญ๐ฅ๐ Recently, a China client of mine came to Malaysia exploring opportunities to expand their beverage business. Naturally, I suggested Malaysia to be one of their options to raise funds through our capital market. After all, getting listed in China is notoriously difficult. Companies there face a long โqueueโ under tight regulatory thresholds and a tedious approval process. Malaysia, in contrast, seems more approachable โฆโฆ or so I thoughtt. But when I tried introducing IBs to them, most bankers politely advised me to tell the client not to waste their time or money pursuing a Malaysian listing. One banker, perhaps too tired to explain, told me to go watch โ๐๐ก๐ ๐๐ก๐ข๐ง๐ ๐๐ฎ๐ฌ๐ญ๐ฅ๐โ youโll understand why. So I did. That documentary was an eye-opener. It exposes how, after the 2008 financial crisis, Chinese companies that went public in the U.S.A. overstated earnings and even fabricated entire businesses. Due diligence reports were glossed over. ๐๐ง๐ฏ๐๐ฌ๐ฆ๐๐ง๐ญ ๐๐๐ง๐ค๐๐ซ๐ฌ, ๐๐ฎ๐๐ข๐ญ๐จ๐ซ๐ฌ, ๐ฏ๐๐ฅ๐ฎ๐๐ซ๐ฌ, ๐๐ง๐ ๐ฅ๐๐ฐ๐ฒ๐๐ซ๐ฌ ๐๐ฅ๐ฅ ๐ฉ๐ฅ๐๐ฒ๐๐ ๐ญ๐ก๐๐ข๐ซ ๐ฉ๐๐ซ๐ญ๐ฌ, ๐ฐ๐ก๐๐ญ๐ก๐๐ซ ๐๐ฒ ๐จ๐ฏ๐๐ซ๐ฌ๐ข๐ ๐ก๐ญ ๐จ๐ซ ๐๐จ๐ฆ๐ฉ๐ฅ๐ข๐๐ข๐ญ๐ฒ. When investigators visited the supposed โfactoriesโ in China, they found empty buildings. Shell companies. Faked reports. Money gone. Investors burnt. The regulators, meanwhile, were left dumbfounded by the aftermath. And just like thatโฆ.. billions disappeared, with barely any consequences. Malaysia wasnโt spared either. Those China-based companies that were listed here after 2008 (early 2010s) eventually vanished or were delistedโฆโฆ.. plagued by corporate governance issues, accounting irregularities, and poor performance. ๐๐๐ ๐ฎ๐ฅ๐๐ญ๐จ๐ซ๐ฌ ๐ญ๐จ๐จ๐ค ๐ญ๐ก๐ ๐ก๐ข๐ง๐ญ. ๐๐ข๐ง๐๐ ๐ญ๐ก๐๐ง, ๐ญ๐ก๐๐ซ๐โ๐ฌ ๐๐๐๐ง ๐๐ง ๐ฎ๐ง๐ฐ๐ซ๐ข๐ญ๐ญ๐๐ง ๐ซ๐ฎ๐ฅ๐ : ๐๐ฏ๐จ๐ข๐ ๐๐ง๐ฒ๐ญ๐ก๐ข๐ง๐ ๐๐ก๐ข๐ง๐-๐๐๐ฌ๐๐, ๐จ๐๐ญ๐๐ง ๐ฌ๐ญ๐๐ซ๐๐จ๐ญ๐ฒ๐ฉ๐ข๐ง๐ ๐๐ฏ๐๐ซ๐ฒ ๐ง๐๐ฐ ๐จ๐ง๐ ๐ญ๐ก๐๐ญ ๐ญ๐ซ๐ข๐๐ฌ ๐ญ๐จ ๐ซ๐๐๐๐ก ๐จ๐ฎ๐ซ ๐๐๐ฉ๐ข๐ญ๐๐ฅ ๐ฌ๐ก๐จ๐ซ๐๐ฌ. The lesson? ๐๐ง ๐ญ๐ก๐ ๐๐๐ฉ๐ข๐ญ๐๐ฅ ๐ฆ๐๐ซ๐ค๐๐ญ ๐ ๐๐ฆ๐, ๐๐ซ๐๐ฎ๐ ๐ข๐ฌ ๐จ๐๐ญ๐๐ง ๐ฃ๐ฎ๐ฌ๐ญ ๐๐ง๐จ๐ญ๐ก๐๐ซ ๐ฅ๐ข๐ง๐ ๐ข๐ญ๐๐ฆ ๐ข๐ง ๐ญ๐ก๐ ๐๐ฎ๐๐ ๐๐ญ. ๐๐จ๐ฎ ๐ฉ๐ฅ๐๐ง ๐๐จ๐ซ ๐ข๐ญ. ๐๐จ๐ฎ ๐ฉ๐ซ๐ข๐๐ ๐ข๐ญ ๐ข๐ง. ๐๐จ๐ฎ ๐ฉ๐๐ฒ ๐ญ๐ก๐ ๐๐ข๐ง๐ ๐๐ง๐ ๐ฆ๐จ๐ฏ๐ ๐จ๐ง. Remember Serba Dinamik? A mere RM3 million fine, while RM6 billion in market capitalisation were wiped out (including my RM150k). Meanwhile, an ordinary citizen goes to jail for stealing a loaf of bread. Thatโs capitalism at its worst. Rewarding those who dare to take advantage of others, as long as they play it smart enough. Many dream of becoming lawyers to defend justice. Few realise theyโll spend their careers defending capitalism instead (i.e., those who can afford it). ๐.๐: ๐๐ฉ๐ฐ๐ต๐ฐ ๐ฉ๐ข๐ด ๐ฏ๐ฐ๐ต๐ฉ๐ช๐ฏ๐จ ๐ต๐ฐ ๐ฅ๐ฐ ๐ธ๐ช๐ต๐ฉ ๐ต๐ฉ๐ฆ ๐ข๐ฃ๐ฐ๐ท๐ฆ. ๐๐ฆ๐ฌ๐ข๐ฅ๐ข๐ณ ๐ฑ๐ข๐ด๐ถ ๐ฃ๐ถ๐ฏ๐จ๐ข. #kbhsays