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Legal Research on Anti-takeover of Listed Company

Author: GuoZuoZuo
Tutor: WangTianXi
School: Huazhong University of Science and Technology
Course: Civil and Commercial Law
Keywords: Anti-takeover of listed company Decision Legal regulation
CLC: D922.287
Type: Master's thesis
Year: 2010
Downloads: 39
Quote: 0
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Abstract


M&A of the listed company is an important manifestation of the free transaction in the property right and the capital flowing freely,besides,it’s the important means to realize the enterprise assets reorganization.In our country,with the growth of stock market,on January 1, 2006, revised "Company Law" and "Securities Law" implement officially; on September 1, 2006, "M&A of the listed company’ manage regulation" whitch is promulgated by the Chinese Securities Supervisory Association implement officially; and the "Anti-monopoly law" also starts in August 1, 2008 to execute. These laws and the regulations have established a series of new system designs and principles for M&A of the listed company.When great changes have taken palce on the market and legal environment,this article attempts to re-examine the anti-takeover system and try to make some recommendations further.The attribution of the anti-takeover decision-making power and the reasonable limits of this power are the core issues of the anti-takeover system. But our relevant laws have not make a clear definition. This article was divided into three parts to research the legal issues of anti-takeover of listed company. First, this paper obtains from the anti-takeover’s value analysis,confirms the value of anti-takeover,and noted that it’s necessary to regulate anti-takeover. Second, the article provides reference for our legislative orientation of anti-takeover and investigatory standard for anti-takeover measures, by comparing the differences in legal system of anti-takeover between U.S.、UK、EU and Hong Kong. Last, by sorting our existing anti-takeover laws out and reflecting on the shortcomings of it ,the paper suggests that the anti-takeover decision-making power should be given the target company’s board,at the same time,we should make a M&A Law and establishes a dispute resolution.

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CLC: > Political, legal > Legal > Chinese law > Financial Law > Securities and Management Act
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