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Going-concern disclaimers at Hong Kong listed firms now reach SFC, AFRC and HKEX at once
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On 8 October the SFC said it is acting, together with the Accounting and Financial Reporting Council and the Exchange, on auditor disclaimers of opinion that relate solely to going concern (a phrase that carries a good deal of weight in "solely"). Two days earlier, HKEX announced disciplinary action against six directors of Huisen Shares Group, stock code 2127, and against the former Chief Financial Officer and Company Secretary of CHK Oil, stock code 632.

So the sequence on the page is this. Two disciplinary announcements land on Tuesday. A joint statement from the securities regulator, the auditor regulator and the exchange lands on Thursday. The Edge Singapore, reading the same week, headlined it as a crackdown on distressed listed stocks.

The disciplinary announcements and the disclaimer statement are separate documents, and nothing in the notices ties them to each other. What they share is an audience. The Exchange disciplines the people who run the issuer. The AFRC regulates the auditors who sign the report. The SFC holds the Securities and Futures Ordinance, including Part XIVA on disclosure of inside information. A disclaimer that rests only on going concern touches all three at once.

A disclaimer that rests only on going concern touches all three at once.

Look, a company that cannot show its auditor enough to support a going-concern view has already told the market something. What changes is who reads it afterwards. For an issuer's company secretary, the Chapter 13 continuing obligations in the Main Board Listing Rules are the document that matters this month. For an auditor, the question is whether a going-concern disclaimer still closes the file or now opens one.

A lender or fund holding paper in a thinly capitalised listed name should assume the next disclaimer in its portfolio is read by three desks, and the next HKEX disciplinary announcements will show whether the CFO and the company secretary are the ones named.

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