Nio, XPeng Motors join the SEC list of 86 others facing possible SEC delisting

May 05, 2022 5:17 AM ETPinduoduo Inc. (PDD), JD, EH, LI, XPEV, NIOSNP, JKS, NTSE, BILI, HUYA, DADABy: Khyathi Dalal, SA News Editor51 Comments

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  • Nio (NYSE:NIO) and XPeng Motors (NYSE:XPEV) have joined the list of Chinese companies after Li Auto (NASDAQ:LI) who are all facing possible delisting, as reported by CnEVPost.
  • Nio responded that it will continue to comply with Chinese and US laws and regulations, and strive to maintain its listing status on both the NYSE and the HKEX.
  • On Mar.10, Nio completed a secondary listing of its Class A ordinary shares on the Main Board of the Hong Kong Stock Exchange.
  • Under the Holding Foreign Companies Accountable Act (HFCAA), the SEC has the authority to delist foreign-listed companies from the exchange if they fail to file reports required by the Public Company Accounting Oversight Board for three consecutive years.
  • The SEC list, updated on May 4, indicates that 88 companies, including NIO, XPeng, EHang Holdings (NASDAQ:EH), JD.com (NASDAQ:JD), and Pinduoduo (NASDAQ:PDD), were added to the provisional list of issuers identified.
  • The companies have until May 25 to provide evidence to the SEC that they do not qualify for delisting; if unable to do so, they will be placed on a conclusive list who will be required to file the SEC's required documents within three years, and if they fail to do so, they will be delisted in early 2024, following the disclosure of their 2023 annual report.
  • Both the Chinese and U.S. regulators are currently working to address the issue.
  • The list was first released on Mar.5 and since then is updated five times with Li Auto included on Apr.22; there are another 105 on the provisional list.
  • Bilibili (BILI), NetEase (NTSE), JinkoSolar (JKS), China Petroleum & Chemical (SNP) have also been added to the SEC list.
  • All the companies - LI, NIO, XPEV, EH, HUYA - are all trading 2.5-4% down in premarket trade.
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