Chapter 23.15 – Sales and Marketing

Norton Rose Fulbright (March 2016)

Chapter 23.17 – Labour Issues and Health and Safety

Chapter 23

Due Diligence Guidelines –

Mineral Companies

16. Infrastructure/Utilities

16.1 Standard

Regarding the preparation of a listing document, a sponsor should perform, without limitation … achieve a thorough understanding of the listing applicant, including its business, history, background, structure and systems. [Paragraph 17.6(d)(ii) of the Code of Conduct]

16.2 Guidance

Sponsors should note that the Exchange would expect the information set out in Exchange Guidance Letter GL52-13 to be disclosed in the listing document:

(a) Measures taken to secure stable and sufficient utility supplies, alternative suppliers, and salient terms of the utility contracts.

(b) Comparison of utility fees with market rates.

(c) Any material disruptions as a result of shortage of utilities and the risks associated with the availability and stability of the supplies.24

16.3 Recommended Steps

16.3.1 The sponsor should understand the extent of the Mineral Company’s reliance on infrastructure necessary to conduct its operations (electricity (including power generation if relevant), water, other key supplies etc.) and the risks of each.

16.3.2 The sponsor should discuss with the Mineral Company and the Competent Person the infrastructure necessary to conduct the operations and risks, and to identify where infrastructure is lacking and how/when it will be available and at what cost to the Mineral Company (if any).

16.3.3 The sponsor should review (with the assistance of lawyers in relevant jurisdictions) the laws and regulations and any licences or contracts relating to electricity and water supply, and discuss with management and the Competent Person the risks of interruptions or price increases.

Endnotes

24. Paragraph 3.19 of Exchange Guidance Letter GL52-13.

Disclaimer

HKCFEF Limited and the contributing law firms, accountants and sponsors are not offering these due diligence guidelines as legal, financial or professional advice or services and they should not be relied upon as such. These due diligence guidelines should not be used as a sole basis for any decision, action or inaction and are not meant to serve as a substitute for the advice of qualified professionals. See here for the full terms and conditions.

Chapter 23.15 – Sales and Marketing

Norton Rose Fulbright (March 2016)

Chapter 23.17 – Labour Issues and Health and Safety

Mineral Companies Infrastructure

Mineral Company Reliance on Infrastructure to Conduct its Operations

Preparation of Listing Document for Mineral Company

Exchange Guidance Letter GL52-13

Paragraph 17.6(d)(ii) of the Code of Conduct

Electricity and Power Generation, Water and other Key Supplies

Sponsor Review of Mineral Company operations

Table of contents

Disclaimer

Hong Kong Sponsor Due Diligence Guidelines

2020 edition

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