Chinese startups facing lawsuits as IPO market stumbles

IPO Chinese startups

Chinese startups are not able to get themselves listed on a stock exchange or initiate an initial public offering (IPO) amid the near stalling of the share market in China. This has resulted in a number of lawsuits being filed against Chinese startups by early-stage venture capitalists to get their funding back. The IPO market this year is struggling in China, and the ongoing property crisis shakes the confidence of investors. As per the global startup structuring process, an investor can claim back their capital with a premium if the startup cannot list their company’s IPO within the stipulated timeframe.

In contrast, the Chinese government aims to achieve self-sufficiency from their companies while not being able to safeguard them from internal economic turmoil and geopolitical conflicts. The process of asking for redemption from failing startups has gained speed, as over 641 Chinese companies could not reach the IPO stage in 2023. The market regulators have also tightened their grip on the startups as they fail to pay back the investors, resulting in amassing redemption-related disputes. As per records, 14,000 Chinese startups with around 8.6 trillion yuan ($1.2 trillion) in investments are facing investors’ wrath.

China’s supreme leader, Xi Jinping, has been making efforts over the years to revive the country’s economy through a spree of stimulus packages, but to no relief. This has led to venture capitalists losing confidence, and the founders of startups are shaken to the core.

The famous case of investor company Luxin Capital suing the controlling shareholder of startup Shandong Inlarin Technology, Peng Hongyue, was all over the news. Luxin Capital claimed that the company failed to pay back the stakes involved as agreed in the redemption terms when the IPO stage was not reached.

The Chinese IPO market flourished before the COVID-19 pandemic, meaning that redemption-related issues were nearly non-existent. However, the scenario changed post-pandemic as the Chinese economy was plagued by multiple issues, such as a property crisis, a failing stock market, geopolitical clashes, and a lack of foreign direct investments (FDI). There have been instances where top Chinese venture capitalists have started looking for redemptions as the accounts of the startup founders are getting locked as per local law.

Venture capitalists believe that the Chinese regime should ensure that the spike in redemption cases is tamed by giving startups fewer privileges. However, this pattern is not good for local entrepreneurs and would end up creating fewer job opportunities as the country’s economy slides further down.

Many state-owned investment companies have stated that redemption rights are often merely procedural compliance to avoid any company growth disruption. The state-owned funding goes through an organic process of audits and inspections, and the government investors can only empathize with the startups and their owners, but they cannot bypass the government procedure. For now, the Chinese regime will bring a fault tolerance clause to protect the interests of state-owned venture capitalists and promote market growth, but sadly, nothing is being mooted for the local startups. For now, the state-owned venture capitalists refrain from investing in high-risk projects, limiting funding for high-potential, disruptive startups.

Chinese government feels that many newbie companies in the corporate world often resort to unhealthy ways to secure funds or are too immature to even run the business. This ultimately impacts the local venture capitalists. Some businessmen look to change the business category mid-way, get caught in patent infringement cases, or even waste investors’ capital; this results in the investors being more cautious and thus filing lawsuits. However, these are all normal scenarios for doing business globally, and they should not strangle the hopes of decent startups that want to support China’s failing economy.

If the Chinese laws remain unsuitable for startups, they could choke entrepreneurial activities and technological advancement in China. Startups will struggle to survive amid government apathy, lack of capital, and mounting pressure from investors. China is a reigning manufacturing leader globally. However, if the situation internally remains hostile for local manufacturers starting up their respective businesses, it could have a long-term impact on the global tech market. Heightened government regulations, especially over the tech companies, create uncertainty and block the startup ecosystem’s innovative capabilities.

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