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Research on Legal Problem of Anti-takeover of China’s Listed Company

Author: ChenTao
Tutor: DengHui
School: Jiangxi University of Finance
Course: Economic Law
Keywords: Listed companies Purchase Anti-takeover Full circulation
CLC: D922.291.91
Type: Master's thesis
Year: 2009
Downloads: 52
Quote: 1
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Abstract


Due to the deepening of the reform of listed companies tradable share further completed, the listed company has entered circulation times, so the competition will become more intense in the acquisition and reverse takeover of listed companies. In the acquisition and reverse takeover battle, the directors of the target company in a fierce conflict of interest, do not have the right to adopt anti-takeover measures? Rights comes from where? How to regulate directors to consolidate or maintain control of the company and take anti-takeover measures? aroused widespread controversy in practice, and the anti-takeover legislation in our country is not very healthy, so the problems have not been a good solution to make the practice of anti-takeover showing. Firstly, by analyzing the meaning of the acquisition of listed companies, summed up the concept of anti-takeover of the target company's business to maintain its control over the right to operate, take measures designed to resist even defeat the takeover of the Offeror. Next, analysis of the characteristics of the acquisition of listed companies in the status quo of China's anti-takeover and full circulation environment and anti-takeover. Practice and legislative status of listed companies in China's current anti-takeover: China has yet to establish a comprehensive anti-takeover legislative rules, under the constraints of the absence of the rules of the game, the Game of the acquisition of the anti-takeover lack of expected behavior framework, the practice of anti-takeover behavior is a bit confusing. The Full Circulation environment hostile takeovers of listed companies will greatly exceed the number of cases of anti-takeover era of the split share. However, the regulation of China's laws and regulations, anti-takeover of listed companies prior defense measures are virtually nonexistent. This document is intended to mature capital market from the international anti-takeover subject and object of diversification, and strategic acquisitions and anti-takeover antagonistic characteristics analysis of the legal environment in China, listed companies in the anti-takeover defensive measures in advance legal issues. Today in terms of anti-takeover laws and regulations in the world perfect, Britain and the United States, British and American anti-takeover legislation mode is a typical representative of the world today about anti-takeover decision and legal regulation. Through its comparative study can play a huge role in promoting the development of China's anti-takeover law. Finally, the first paper studies on the basis of the establishment of the legal system of a reverse takeover of listed companies in China are proposed. First analysis of our listed anti-takeover measures legitimacy, legality standards established anti-takeover measures. Secondly, the recommended anti-takeover legal system of China's listed companies. Reasonable construction of the legal framework of anti-takeover, anti-acquisition regulation, legal principles explicitly listed companies. Finally, the target company in China to build anti-takeover measures system.

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CLC: > Political, legal > Legal > Chinese law > Economic Law > Corporate law, company law
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