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Reverse Takeover of Listed Companies Legal Issues Comment

Author: WuZeHua
Tutor: JinKeSheng
School: Foreign Service Institute
Course: International law
Keywords: Listed-company Anti-takeover Business judgment rule Principles and legislative suggestions
CLC: D922.28
Type: Master's thesis
Year: 2009
Downloads: 129
Quote: 0
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Abstract


Owing to the development of market economy and the reform of share system completed in China, plus loads of transnational corporations and domestic corporations tend to adopt takeover measure to enlarge business scale and improve competitive power. So the competition between takeover and anti-takeover becomes increasingly severe. However, at present there are still no systematic regulations to listing company anti-takeover, and it is difficult to regulate the actions in anti-takeover cases, which rises various problems. Apart from that, it cannot protect the interests of those parties in the stock market. As a result, based on the condition of China, this paper suggests possible legal improvement to China’s current takeover legislation framework by comparing and analyzing the UK and US takeover legislation and practice.This paper discusses in the following parts: First, it introduces the concept and features of anti-takeover, this part give us the definition of“listing company anti-takeover”and break up anti-takeover into two kinds, including preventative methods and active methods. Then this paper makes a comparison on US an UK anti-takeover legislation patterns. After comparing the UK and US models, and considering the reality of our county, the paper concludes that China should learn from UK model and empower the decision-making right to the shareholders of target company. The last part is the essential part of this paper. We point out that the government should perfect the relative laws and regulations to protect the target companies, and raise the possible principles and specific legislative suggestions.

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CLC: > Political, legal > Legal > Chinese law > Financial Law
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