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Cross - strait M \u0026 A comparison of the rule of law

Author: HouZhiZuo
Tutor: LiuJiaAn
School: China University of Political Science
Course: Civil and Commercial Law
Keywords: Mergers and acquisitions Mergers and acquisitions Legal Regulation
CLC: D922.287
Type: Master's thesis
Year: 2011
Downloads: 135
Quote: 0
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Abstract

1982 Nobel Laureate in Economics, George? J? Stigler once said: \era of globalization, the world's top 500 companies rely on internal expansion grew up a business through mergers and the way its competitors to become a giant enterprise, is a prominent phenomenon in modern economic history. \inter-regional rapid integration of existing resources, for the enterprises of the same nature or the competition between vertical and horizontal mergers, become a rapidly growing shortcut relies instead on the strength of enterprises, we can say that the history of modern commerce is an M \u0026 A (Merger and Acqusition , MA) operating history. To the 21st century, across the Taiwan Strait, China's mainland and Taiwan, has in 2001 joined the WTO (World Trade Organization, WTO) and global thinking in various fields of swept under the accepted multinational mergers and acquisitions of new challenges and impact, one of the two sides of view, the opposite of challenge is an opportunity, complicated laws and regulations on the construction of legal system legislation amending the law of mergers and acquisitions, eliminate unnecessary remaining restrictions to protect domestic companies the legitimate rights and interests and to help strengthen the international business competitiveness, the establishment of foreign companies enter the Chinese market with its mergers and acquisitions of companies improve legal norms become the focus of China's mainland and Taiwan-related M \u0026 A legal research and innovation in the field of Legislative Construction, for , Taiwan, China from 2000 to 2002 and formulated and published by the Financial Institutions Merger Law, the Financial Holding Company Act, and mergers and acquisitions both groundbreaking and innovative single-line legal, and one after another in recent years Amendments to the Financial Holding Company Act, \Construction; in mainland China in the \the competent administrative authority to publish or jointly issued a number of mergers and acquisitions administrative norms, for example: February 19, 1989 the State Commission for Restructuring the Economy, State Planning Commission, Ministry of Finance, the State-owned Assets Administration jointly issued the \approach \management approach \12, 2009 released by the China Securities Regulatory Commission public offering of stock Company Information Disclosure Rules (Trial) \\The People's Bank of China jointly issued the \\Limited non-listed foreign shares to B shares in circulation on issues related to supplementary notice \November 1, the China Securities Regulatory Commission, the Ministry of Finance and the State Economic and Trade Commission jointly issued the Notice on the transfer of state-owned shares and legal person shares of listed companies to foreign, November 8, 2002, the State Economic and Trade Commission, Ministry of Finance, State Administration for Industry and Commerce administration Administration and the State Administration of Foreign Exchange jointly issued the \23 State Administration of Taxation issued the \Interim Provisions on Acquisition of Domestic Enterprises \Interim Measures \Across the Taiwan Strait on June 2010 signing of the ECFA (cross-strait economic cooperation framework agreement text, the Economic Cooperation Framework Agreement), to open a new chapter of cross-strait economic cooperation and exchanges and cooperation, which look to China's mainland and Taiwan in the mergers and acquisitions method construction, there are quite a lot of demand for common and urgency of this paper, this motivation as a starting point, the current cross-strait M \u0026 A legal normative framework for comparison, the introduction of cross-strait current M \u0026 A legal system, the rule of law in the mergers and acquisitions observed cross-strait Construction on the concept of a source of background, legislative construction means and goals, as well as planning proposals put forward the direction of the future development of M \u0026 A legal system of amending the law, the research objectives are to be reached in this article; scope of the study, in order to avoid too large so content stream is rather vague, this article will narrow For the analysis of legal norms areas, in Taiwan enterprises mergers and acquisitions part of the legal system, the main focus on as the Taiwan company mergers, acquisitions and split the special law \core and in-depth analysis of the Financial Institutions Merger Law, the Financial Holding Company Act \\recommendations for evidence-based legal analysis of the basis; Accordingly, the specific content of this article arrangements as follows: Chapter 1 Overview of mergers and acquisitions; focus on the second chapter the Taiwan enterprises mergers and acquisitions of the rule of law, introduced in Taiwan current mergers and acquisitions legal system applicable bit order system, \Chapter focus on mainland mergers and acquisitions normative framework of the legal system, introduced the mainland Law \M \u0026 A legal system formed the background, the advantages of the enterprises of both sides to M \u0026 A legal system and may face practice problems, and in the end the proposed cross-strait corporate mergers and acquisitions rule of law in response to countermeasures against the practice problems, and provide advice to the law point of view on corporate mergers and acquisitions construct direction of the legal system.

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