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    Article

    U.S. capital market opportunities for Asian companies

    Oct 25, 2023

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    By David Kaufman, David Brown and David Cheng

    Listing in the U.S. can be a rewarding and strategic move for Asian companies, but it requires careful planning, preparation, and professional guidance.

    Raising capital in the U.S. is an attractive option for many Asian companies that want to access a large and diverse investor base, benefit from a robust regulatory environment, and enhance their global reputation. However, it is not a simple process and requires careful planning, preparation, and professional guidance.

    Watch our recent webinar on U.S. capital market opportunities for Asian companies.

    Before listing in the U.S., Asian companies need to ask themselves why they want to list in the U.S. Additionally, they should have a business plan for the U.S. market. The U.S. Securities and Exchange Commission (SEC) and the stock exchanges, such as NASDAQ and NYSE, will not approve a listing unless satisfied that the company has a legitimate and compelling reason to be public in the U.S. and has disclosed all the relevant information to potential investors. The company needs to have a clear and realistic strategy for expanding its operations, customer base, or partnerships in the U.S. or for leveraging its existing presence or competitive advantage in the U.S.

    Another consideration is the type of listing that best suits the company's goals and circumstances. Different options are available, such as a traditional initial public offering (IPO), a special purpose acquisition company (SPAC), or a direct listing. Each option has advantages and disadvantages, depending on the size, industry, and stage of development of the company, as well as the market conditions and investor appetite.

    Regardless of the type of listing, the company will need to assemble a team of advisors, such as lawyers, accountants, and investment bankers, who can help navigate the complex and dynamic U.S. regulatory and market environment.

    Finally, the company should be prepared for the ongoing costs and obligations of being a public company in the U.S., such as filing periodic reports, maintaining internal controls, complying with corporate governance rules, and engaging with shareholders and analysts.

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    The foregoing has been prepared for the general information of clients and friends of the firm. It is not meant to provide legal advice with respect to any specific matter and should not be acted upon without professional counsel. If you have any questions or require any further information regarding these or other related matters, please contact your regular Nixon Peabody LLP representative. This material may be considered advertising under certain rules of professional conduct.

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