Hutchmed (China) Limited Update on Status under HFCAA (4977E)
11 Mars 2022 - 10:00AM
UK Regulatory
TIDMHCM
RNS Number : 4977E
Hutchmed (China) Limited
11 March 2022
Update on Status under Holding Foreign Companies Accountable
Act
Hong Kong, Shanghai & Florham Park, NJ - Friday, March 11,
2022: HUTCHMED (China) Limited ("HUTCHMED" or the "Company")
(Nasdaq/AIM: HCM; SEHK:13) would like to provide an update on its
status under the Holding Foreign Companies Accountable Act (the
"Act").
On March 8, 2022, as expected in its implementation of the Act,
the U.S. Securities and Exchange Commission (the "SEC")
provisionally named the Company as a Commission-Identified Issuer,
following the Company's filing of its annual report on Form 20-F
with the SEC on March 3, 2022. The SEC estimated that 273
registrants might be identified under the Act as part of its review
of registrants in calendar year 2020. We anticipate that other
similarly situated U.S.-listed companies with operations in Hong
Kong and other parts of China will be added once they file their
annual reports with the SEC.
The Act is part of a continued regulatory focus in the United
States on access to audit and other information currently protected
by national law, in particular China's, and the preparation of such
list is provided for in the Act and the SEC's implementing rules.
The Act requires the SEC to prohibit the securities of any "covered
issuer," including the Company, from being traded on any of the
U.S. securities exchanges, including the Nasdaq Stock Market, if
the auditor of the covered issuer's financial statements is not
subject to inspection by the U.S. Public Company Accounting
Oversight Board ("PCAOB") for three consecutive years, beginning in
2021. Under the current terms of the Act, the Company's American
depositary shares will be delisted from the Nasdaq Stock Market in
early 2024, unless the Act is amended to exclude the Company or the
PCAOB is able to conduct a full inspection of the Company's auditor
during the required timeframe. In addition, legislation is being
considered in the United States to shorten the number of
non-inspection years from three years to two.
The Company's American depositary shares, each of which
represents five ordinary shares, trade on the Nasdaq Global Select
Market and its ordinary shares are admitted for trading on the AIM
market. In addition, on June 30, 2021, the Company completed a
primary listing of its ordinary shares on the Main Board of The
Stock Exchange of Hong Kong Limited ("HKEX") under the stock code
"0013". The shares listed on HKEX and AIM are fully fungible with
the shares represented by the Company's American depositary
shares.
The Company will continue to monitor market developments and
evaluate all strategic options.
About HUTCHMED
HUTCHMED (Nasdaq/AIM: HCM; HKEX: 13) is an innovative,
commercial-stage, biopharmaceutical company. It is committed to the
discovery and global development and commercialization of targeted
therapies and immunotherapies for the treatment of cancer and
immunological diseases. It has more than 4,600 personnel across all
its companies, at the center of which is a team of about 1,500 in
oncology/immunology. Since inception it has advanced 12 cancer drug
candidates from in-house discovery into clinical studies around the
world, with its first three oncology drugs now approved and
marketed in China. For more information, please visit:
www.hutch--med.com or follow us on LinkedIn.
Forward-Looking Statements
This announcement contains forward-looking statements within the
meaning of the "safe harbor" provisions of the U.S. Private
Securities Litigation Reform Act of 1995. These forward-looking
statements reflect HUTCHMED's current expectations regarding future
events. Forward-looking statements involve risks and uncertainties.
Such risks and uncertainties include, among other things,
unexpected regulatory actions or delays or government regulation
generally, including, among others, the risk that HUTCHMED's
American depositary shares could be barred from trading in the
United States as a result of the Holding Foreign Companies
Accountable Act and the rules promulgated thereunder and the risk
that such Act could be amended to shorten the number of
non-inspection years from three years to two years; the risk that
the prices of the Company's securities could be adversely affected
if they cease to trade on any particular market or are subject to
trading interruptions or if investors must take steps to migrate
their shares from Nasdaq to the AIM market or HKEX in order to
trade such securities; and general economic and industry
conditions, including uncertainties regarding the effects of the
persistently weak economic and financial environment in many
countries, uncertainties regarding future global exchange rates and
uncertainties regarding the impact of the COVID-19 pandemic.
Existing and prospective investors are cautioned not to place undue
reliance on these forward-looking statements, which speak only as
of the date hereof. For further discussion of these and other
risks, see HUTCHMED's filings with the U.S. Securities and Exchange
Commission, on AIM and with HKEX. HUTCHMED undertakes no obligation
to update or revise the information contained in this announcement,
whether as a result of new information, future events or
circumstances or otherwise.
CONTACTS
Investor Enquiries
Mark Lee, Senior Vice President +852 2121 8200
Annie Cheng, Vice President +1 (973) 567 3786
Media Enquiries
Americas - Brad Miles, +1 (917) 570 7340 (Mobile)
Solebury Trout bmiles@troutgroup.com
Europe - Ben Atwell / Alex Shaw, +44 20 3727 1030 / +44 7771 913 902 (Mobile) / +44 7779 545 055 (Mobile)
FTI Consulting HUTCHMED@fticonsulting.com
Asia - Zhou Yi, +852 97 83 6894 (Mobile)
Brunswick HUTCHMED@brunswickgroup.com
Nominated Advisor
Atholl Tweedie / Freddy Crossley,
Panmure Gordon (UK) Limited +44 (20) 7886 2500
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END
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March 11, 2022 04:00 ET (09:00 GMT)
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