SEC Company Response from China Development Bank (CIK 0001298440) — Sep 19, 2005
China Development Bank (CIK 0001298440)
Date: Sept. 19, 2005 · CIK: 0001298440 · Accession: 0000905148-05-004746
AI Filing Summary & Sentiment
File numbers found in text: 333-127652
Referenced dates: September 16, 2005, September 8, 2005
Letter
Our Ref: 30198-00004 September 19, 2005 Via EDGAR & By Fax ------------------ Michael Coco, Esq. Office of International Corporate Finance Division of Corporation Finance Securities and Exchange Commission 100 F Street, N.E. Washington, DC 20549
Re: China Development Bank Registration Statement on Schedule B File no. 333-127652 Filed August 18, 2005 ---------------------
Dear Mr. Coco:
On behalf of China Development Bank ("CDB"), set forth below please find CDB's response to the Staff's comment in your letter dated September 16, 2005 on CDB's shelf registration statement on Schedule B (file no. 333-127652) filed with the SEC on August 18, 2005. For your convenience, we have included the Staff's comment in this response letter in italics.
General -------
With respect to the final sentence of your response to comment two in our letter dated September 8, 2005, please clarify for us whether you are unaware of any contacts between the PBOC and any country identified by the U.S. State Department as a state sponsor of terrorism, or are aware of such contacts but do not believe that they are material to you or pose a material investment risk to your existing note holders and potential investors. If the latter, please describe for us the contacts of which you are aware, and provide us with the analysis underlying your conclusions as to the materiality of those contacts to you and your existing and potential note holders. Address in your response that fact that the PBOC is authorized and obligated to provide short-term loans to you should you experience any liquidity shortages.
In preparing your responses, please refer to comment four in our September 8 letter.
Partners: Balbir Bindra o Constance Choy o Eric Ho o Gloria Lam o Huanting Timothy Li o Gordon Ng Consultants: Charles W. Allen o Ada Leung o Arun Nigam Registered Foreign Lawyers: William O. Fifield (Texas)* o Dohyong Kim (New York)* o G. Matthew Sheridan (New York)* o Effie Vasilopoulos (Australia)* Ben B. Hur (Korea)ss. o Jason T. Kuo (New York)ss. o Ming-Yung Lam (PRC)ss. * Partners of Sidley Austin Brown & Wood LLP ss. Foreign Legal Consultants
<PAGE>
SIDLEY AUSTIN BROWN & WOOD HONG KONG
To: Michael Coco, Esq. September 19, 2005 Page: 2
CDB wishes to confirm to the Staff that CDB is not aware of any contacts between the PBOC and any country identified by the U.S. State Department as a state sponsor of terrorism.
* * * * * * *
If the Staff has no further comments on CDB's shelf registration statement on Schedule B (file no. 333-127652), on behalf and at the instruction of CDB and in accordance with Rule 461 under the Securities Act of 1933, as amended, we hereby request that such shelf registration statement be declared effective at 5:00 p.m. on September 19, 2005 (Washington D.C. time) or as soon thereafter as practicable.
If you need any further information, please call my Hong Kong office at 011-852-2509-7865 or my mobile phone at 011-852-9177-8501. My email address is htli@sidley.com.
As always, we appreciate your assistance.
Very truly yours,
Huanting Timothy Li
Show Raw Text
<DOCUMENT>
<TYPE>CORRESP
<SEQUENCE>1
<FILENAME>filename1.txt
<TEXT>
[FIRM NAME IN CHINESE CHARACTERS]
SIDLEY AUSTIN BROWN & WOOD
BEIJING 39TH FLOOR, TWO INTERNATIONAL FINANCE CENTRE LOS ANGELES
---- 8 FINANCE STREET ----
BRUSSELS CENTRAL, HONG KONG NEW YORK
---- TELEPHONE (852) 2509-7888 ----
CHICAGO FACSIMILE (852) 2509-3110 SAN FRANCISCO
---- www.sidley.com ----
DALLAS SHANGHAI
---- FOUNDED 1866 ----
GENEVA SINGAPORE
---- ----
HONG KONG TOKYO
---- ----
LONDON WASHINGTON, D.C.
WRITER'S DIRECT NUMBER WRITER'S E-MAIL ADDRESS
852 2509-7865 htli@sidley.com
Our Ref: 30198-00004 September 19, 2005
Via EDGAR & By Fax
------------------
Michael Coco, Esq.
Office of International Corporate Finance
Division of Corporation Finance
Securities and Exchange Commission
100 F Street, N.E.
Washington, DC 20549
Re: China Development Bank
Registration Statement on Schedule B
File no. 333-127652
Filed August 18, 2005
---------------------
Dear Mr. Coco:
On behalf of China Development Bank ("CDB"), set forth below please
find CDB's response to the Staff's comment in your letter dated September 16,
2005 on CDB's shelf registration statement on Schedule B (file no. 333-127652)
filed with the SEC on August 18, 2005. For your convenience, we have included
the Staff's comment in this response letter in italics.
General
-------
With respect to the final sentence of your response to comment two in our
letter dated September 8, 2005, please clarify for us whether you are unaware
of any contacts between the PBOC and any country identified by the U.S. State
Department as a state sponsor of terrorism, or are aware of such contacts but
do not believe that they are material to you or pose a material investment
risk to your existing note holders and potential investors. If the latter,
please describe for us the contacts of which you are aware, and provide us
with the analysis underlying your conclusions as to the materiality of those
contacts to you and your existing and potential note holders. Address in your
response that fact that the PBOC is authorized and obligated to provide
short-term loans to you should you experience any liquidity shortages.
In preparing your responses, please refer to comment four in our September 8
letter.
Partners: Balbir Bindra o Constance Choy o Eric Ho o Gloria Lam
o Huanting Timothy Li o Gordon Ng
Consultants: Charles W. Allen o Ada Leung o Arun Nigam
Registered Foreign Lawyers: William O. Fifield (Texas)* o Dohyong Kim
(New York)* o G. Matthew Sheridan (New York)*
o Effie Vasilopoulos (Australia)*
Ben B. Hur (Korea)ss. o Jason T. Kuo (New York)ss.
o Ming-Yung Lam (PRC)ss.
* Partners of Sidley Austin Brown & Wood LLP
ss. Foreign Legal Consultants
<PAGE>
SIDLEY AUSTIN BROWN & WOOD HONG KONG
To: Michael Coco, Esq. September 19, 2005
Page: 2
CDB wishes to confirm to the Staff that CDB is not aware of any
contacts between the PBOC and any country identified by the U.S. State
Department as a state sponsor of terrorism.
* * * * * * *
If the Staff has no further comments on CDB's shelf registration
statement on Schedule B (file no. 333-127652), on behalf and at the
instruction of CDB and in accordance with Rule 461 under the Securities Act of
1933, as amended, we hereby request that such shelf registration statement be
declared effective at 5:00 p.m. on September 19, 2005 (Washington D.C. time)
or as soon thereafter as practicable.
If you need any further information, please call my Hong Kong office
at 011-852-2509-7865 or my mobile phone at 011-852-9177-8501. My email address
is htli@sidley.com.
As always, we appreciate your assistance.
Very truly yours,
Huanting Timothy Li
cc: Mr. Liang Huijiang
Deputy Managing Director of Treasury
China Development Bank, Beijing
Robert Thomas, Esq.
Sullivan & Cromwell LLP, Beijing
Calvin Lai, Esq.
Sullivan & Cromwell LLP, Beijing
</TEXT>
</DOCUMENT>