In China, even the most basic act of treasury management–opening
a bank account–is more complicated than it is in the United States. Thus,
a US company considering a Chinese venture is wise to seek a bank that can
be an effective coach and treasury advisor.
Complex Banking Regulations
Attracted by its 1.3 billion people and their potential
both as a market for goods and services and as an inexpensive labor resource,
US companies are increasingly pursuing commercial interests in China. But the
first lesson that treasury managers need to learn is that Chinese banking is
heavily regulated. For example:
- US companies in China can open a single "basic" account,
and this is the only account that allows for cash withdrawals. You can open
multiple "general" operating accounts, but cash withdrawals from
these accounts are forbidden.
- Non-residents are not allowed to open accounts in the Chinese currency,
known as the "Yuan" or "Renminbi."
- If you are located in one province and have a bank account there,
and you want to move to another province and open up a new account, you need
to seek approval from Chinese regulators.
- There are major restrictions on the activities of foreign banks
in China. For instance, through the end of 2005 foreign banks will only be
allowed to operate in 20 Chinese cities.
Because of the many clearing and regulatory challenges, a key success factor
for US firms in China is partnering with the right bank. Most companies will
need to develop local banking relationships wherever they operate for basic
services like cash withdrawals. However, it's also advisable to partner
with a bank with multinational capabilities. You want a relationship with a
bank that can provide the appropriate technology, understands local regulations
and is willing to help your company overcome treasury management hurdles in
China.
Account Visibility
The main challenge for a treasurer with responsibilities
for China, whether you're located in New York or in a regional office
in Hong Kong, Singapore or Sydney, is having a view of all the company's
accounts across China. That generally requires working with a global bank that has relationships with
China's major banks and the technology to offer a true, single "multibanking
platform."
A multibanking platform provides a channel that enables a US company to send
funds transfer instructions relating to all Chinese bank accounts through one
global financial institution and retrieve balance information on all accounts
across China through that same bank. A multinational bank like Deutsche Bank
makes this possible by establishing and maintaining strategic partnership arrangements
with the major Chinese banks, in order to leverage their extensive branch networks.
Financing Solution
Another challenge is managing Chinese banking regulations
to finance your operations in China. Traditionally, the Chinese have not allowed
intercompany loans, either between corporate units within China or between
units outside of China and those within the country. Today this is still true.
However, as a result of efforts by banks like Deutsche Bank, Chinese regulators
approved the use of entrustment loans. With an entrustment loan, the
Bank acts as a trustee to facilitate intercompany loans.
For companies operating in China, an entrustment loan through a trustee bank
may be an appropriate option whenever there is a unit within a corporate group
in a deficit position and another unit within that group with surplus funds.
Such a loan can allow both the borrowing and lending units to receive optimal
rates on the transaction.
Regulators have recently allowed banks to make entrustment loans on behalf
of their customers not only in Yuan, but also across Chinese borders in US
dollars. However, companies still need to take a cautious approach regarding
such transactions, since regulators review and approve them on a case-by-case
basis.
Entrustment loans can be used to optimize liquidity management within a related
group of companies, or the borrower and lender can be companies from unrelated
groups.
Cash Sweep Capability
Regulations allowing entrustment loans have also laid
the foundation for cash sweeps across entities in China.
Previously, cash sweeps involving different legal entities within the same
corporation were not allowed, because pooling funds for investment purposes
was viewed as a form of intercompany lending. However, now, with regulators
allowing entrustment loans, different legal entities can use a trustee bank
to pool funds in an effort to maximize investment performance.
Easier, But Not Easy
Although they seem to be easing year by year, the restrictions
on banking in China can still be a bit daunting. That's why US companies
conducting business across China would do well to partner with a strong and
experienced bank, one that has the technology and local presence to help them
react to ongoing developments and manage new challenges.
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