22 May, 2018
Overview
On 10 May 2018, the Hong Kong Monetary Authority (“HKMA”) announced full details of its pilot bond grant scheme (“PBGS”) and the progress on other bond market initiatives. The PBGS and other bond market initiatives were originally mentioned by the government in the 2018-19 Budget earlier this year, which were summarised in our previous alert. Below are the key details of the PBGS, including detailed eligibility criteria.
Pilot Bond Grant Scheme
The eligibility criteria for the PBGS are as follows: |
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Eligible issuers |
First time issuers that have not issued bonds in Hong Kong in the five-year period between 10 May 2013 and 9 May 2018 (both dates inclusive). The term “issuer” means the entity issuing a bond and the entity’s associates. The term “associate” refers to a person or corporation (i) over which the issuer has control; (ii) which has control over the issuer; or (iii) that is under the control of the same person or corporation as the issuer. In addition, arrangers of PBGS bonds are not eligible as issuers of PBGS Current feedback from the HKMA indicates that PRC state-owned enterprises will not necessarily be “associates” merely due to their ownership by the State-owned Assets Supervision and Administration Commission (SASAC) or other PRC government entities. However, they may be treated as “associates” if they are held under intermediate corporate common ownership. Issuers and lead arrangers are encouraged to consult the HKMA if there is any uncertainty on application of the PBGS |
Eligible issues |
The bonds must:
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Eligible grant amount |
The grant amount for each bond issue is equivalent to half of the eligible issuance expenses, up to the following limits:
Each eligible issuer can apply for a grant for two bond issuances at most. Eligible issuance expenses include: fees to Hong Kong based (i) arrangers; (ii) legal advisers; (iii) auditors and accountants; (iv) rating agencies; (v) external green reviewers (in the case of green bonds) and SEHK listing fees and CMU lodging and clearing fees. Expenses covered by another grant scheme(s) in Hong Kong or overseas are ineligible. The rating agencies recognised by HKMA are: Fitch Ratings, Moody’s Investors Service, Rating and Investment Information, Inc, and Standard and Poor’s Ratings Services. Current feedback from the HKMA indicates that a bond issue would include the setting up of a programme as well as the initial drawdown thereunder. In addition, printer, trustee and agent costs will not be included as eligible issuance expenses for now |
Commencement date |
The commencement date will be announced in due course, subject to the completion of legislative process for the 2018-19 Budget. The PBGS will be valid for a period of three years. |
The eligibility criteria for the PBGS are as follows: |
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Status of the legislative process for the 2018-19 Budget: the draft Appropriation Bill was passed on 10 May 2018. Formal assent of the Bill into Hong Kong law is expected shortly and is expected to take effect from 10 May 2018 |
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Application process |
Issuers and lead arrangers may request PBGS application forms from the HKMA via pbgs@hkma.gov.hk. Application can be made before launch of an eligible bond transaction but it can also be made up to three months after the issue date of the bonds. The HKMA expects lead arrangers to provide assistance to their clients in completing the application form as appropriate and may submit the form to the HKMA on their behalf. Issuers and lead arrangers are encouraged to consult the HKMA at an early stage of the bond issuance process about the PBGS application. |
Other bond market initiatives
The HKMA has also announced that it has made good progress on the other bond market initiatives announced by the government in the 2018-19 Budget earlier this year. Below is a summary of the progress to date.
Green bonds – in looking to promote green bonds in Hong Kong, the HKMA has appointed an adviser to study relevant issues in respect of green finance in Hong Kong and it is expected that the HKMA will provide further updates on the progress of its green bond initiatives in the coming months. In addition, the HKMA continues its work in progressing the government’s proposed inaugural green bond issue. Subject to completion of legislative process for the 2018-19 Budget, the HKMA is ready to select an arranger(s) for the government’s inaugural green bond issue.
Enhancements to the Qualifying Debt Instrument (QDI) scheme – the existing QDI scheme provides concessionary tax treatment on interest income and trading profits derived from QDIs. HKMA is working with the government to implement enhancements to the QDI scheme by amending existing law whereby Hong Kong investors will enjoy further tax concessions. The enhancements will extend the 100% profits tax exemption to include short term debt instruments of any duration (currently an original maturity of at least seven years is required). In addition, debt instruments listed on the SEHK will also become eligible as a QDI (in addition to instruments lodged and cleared by the CMU). The effective date of the enhancements will be announced after completion of legislative process for the 2018-19 Budget.
For further information, please contact:
Hwang Hwa Sim, Partner, Linklaters
hwang_hwa.sim@linklaters.com