Background of shell company

The emergence of "shell" companies is the inevitable accompaniment of the development of the securities market, and there are "shell" companies in the securities market of any country. In addition to the general reasons such as industry life cycle and poor management of enterprises, the securities markets in different countries also have their own special reasons, such as institutional background. However, shell companies are not necessarily a resource. Only when shell companies meet the general characteristics of resources-profitability and scarcity, shell companies become a kind of resources, which is based on certain institutional arrangements. Without specific institutional arrangements, "shell" resources will lose their foundation of existence. The system here is a standardized collective action system with customs and rules as its connotation and property rights or ownership relations, economic decision-making structure and resource allocation as its extension. If an institutional arrangement will bring high rent-seeking cost to the entrants in the securities market, and make the enterprises that want to enter the securities market willing to use the "shell", thus generating market demand for the "shell", then the resource characteristics of the "shell" company will be revealed.

At that time, China had not yet joined the WTO, and the establishment of foreign-funded insurance companies was an examination and approval system with the characteristics of license management. At the same time, the conditions also include that foreign insurance companies must establish joint ventures with China insurance companies. Due to the limited local insurance companies in China and the scarcity of foreign-funded optional joint venture partners, the shell has naturally become a scarce resource. Four shell companies were once hot. However, the plan cannot keep up with the changes. China's entry into WTO has changed the mode of resource allocation, and shell companies seem redundant.

China's insurance industry's WTO commitment involves four aspects, including cross-border provision, consumption abroad, commercial presence and the movement of natural persons. In terms of commercial existence, China promised to allow foreign-funded non-life insurance companies to set up branches and joint ventures in China in the year of its accession to the WTO, and the proportion of foreign investment in joint ventures can reach 51%; After two years, there is no restriction on the form of enterprise establishment. For life insurance companies, it is promised that foreign-funded life insurance companies will be allowed to set up joint ventures in China in that year, with foreign shares not exceeding 50%, and foreign parties can freely choose joint venture partners; The parties to the joint venture are free to sign the terms of the joint venture within the scope promised in the annex. Obviously, the threshold for foreign investment has been lowered, and there are no restrictions on the choice of joint venture partners. Shell companies have lost their original value.

However, the original requirement of "only having the qualification to set up insurance companies in China with foreign companies" has actually become an insurmountable threshold for shell companies themselves. Since there are no restrictions on joint venture partners, most foreign investors turn to large state-owned enterprises and banks in China. A large American insurance company has been in contact with a southern bank for several years, and it is only a matter of time before a joint venture is established. With the change in the direction of foreign capital looking for partners, shell companies are becoming more and more embarrassed.

If we want to solve the "mathematical model" of shell companies, then we must add the institutional variable of "WTO entry" to the restrictive conditions. This variable contains two economic meanings: first, how to deal with the change of foreign joint venture model; Second, how to strengthen the competitiveness of the local insurance industry. Therefore, the best scheme of the "model" should be to allow four shell companies to directly carry out insurance business. As for whether to establish a joint venture, whether to take a share or not, it is better to leave it to shareholders to consider. This is the enterprise's own business. If the four companies can operate directly, it will not only solve the shell problem, but also increase the competitors of China insurance industry. It is beneficial to the company, the country and the regulators. Why not? Shell companies urgently need to break their shells, but the environment will determine the length of incubation and time will change many things.