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Legal Regulation of foreign mergers and acquisitions in the split share structure reform in China

Author: GaoHaiQing
Tutor: HuHongGao
School: Fudan University
Course: Legal
Keywords: Foreign M \u0026 A M \u0026 A Regulation Mergers and Acquisitions
CLC: D996
Type: Master's thesis
Year: 2009
Downloads: 234
Quote: 0
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Abstract

The past 30 years, with the development of economic globalization, the rapid expansion of multinational companies on a global scale, triggered a global multinational companies as the main wave of cross-border mergers and acquisitions, cross-border M \u0026 A gradually replace greenfield investments become the most important international direct investment, had an immeasurable impact on the world economy. With the continuous growth of foreign investment in China, foreign mergers and acquisitions boom in China continue to rise. Has played a positive role in China's economic prosperity and social development. The split share structure reform from an objective for foreign mergers and acquisitions to create a more favorable environment, a large number of low-cost flow of chips to reduce the acquisition cost. Modify, Bankruptcy Law, Securities Law, Criminal Law Amendment, the full integration of accounting standards and international accounting standards, mergers and acquisitions, institutional development and micro-economic foundation gradually improve and provide new opportunities for foreign mergers and acquisitions. But on the other hand, China's foreign mergers and acquisitions policy is unreasonable, inadequate legislation, reasonable regulation of the behavior of foreign mergers and acquisitions to become a serious problem. In this paper, after the split share structure reform of the regulation of foreign mergers and acquisitions institution building empirical and comparative analysis, trying to offer some suggestions for the improvement of China's foreign mergers and acquisitions regulation system. The paper is divided into six chapters: The first chapter is to provide background for the launch of full-text discusses. The first is to define the concept of foreign mergers and acquisitions, and definition of the concept based on the perspective of the host country by foreign capital, Construction of the main system of regulation of foreign mergers and acquisitions in China. In addition to the characteristics and types of foreign mergers and acquisitions. From foreign investment and mergers and acquisitions were explained with the combined understandable manner, the object of this study were described. The second chapter is to analyze the present, China split share structure reform of foreign M \u0026 A activity generated by new features, new trends are introduced research. The first is the split share structure reform History History Review to learn more about the background of this study; described followed by the presentation of the new features of foreign mergers and acquisitions after the split share structure reform. The introduction of the background to provide a realistic basis for our development of regulatory policy and legal measures. Foreign mergers and acquisitions market is characterized by the split share structure reform, must be combined with the origins of the split share structure reform, the split share structure reform to create a new environment for foreign mergers and acquisitions to consider. The third chapter is a reasonable study of the regulation of foreign mergers and acquisitions in the split share structure reform. Mainly from the analysis of two aspects of the interpretation of the motives of foreign mergers and acquisitions and the negative impact on China's economy will be described. China is facing the further liberalization of the economy during the adjustment period after the split share, if not a reasonable regulation on foreign mergers and acquisitions, it will have adverse long-term economic development in China. Explore the rationality of foreign mergers and acquisitions, and from foreign special mettle to consider. It is this foreign profit-driven features, the M \u0026 A activity after the split share structure reform is particularly important to reasonable regulation. The fourth chapter is to analyze the regulatory system compares the developed and developing countries (regions) of foreign mergers and acquisitions. Because of split share structure reform, the market economy is more developed study these foreign mergers and acquisitions system of the market economy country, China will develop foreign mergers and acquisitions regulation policy and foreign merger control laws and regulations with a direct reference. Chapter regulation of foreign mergers and acquisitions from the legal and regulatory system, foreign policy, approval policies, antitrust review and several analysis and commentary, pointed out the problems. This chapter, the use of historical and empirical research methods to explore the inherent shortcomings of China's current foreign mergers and acquisitions regulation. The sixth chapter is the establishment of foreign mergers and acquisitions regulation system of the proposal on China. The two main blocks described, the first plate is the policy recommendations from the government level, the second plate is to increase the building of the legal system for foreign mergers and acquisitions. From the two plates were elaborated and research is a major innovation of this paper. Of Foreign M \u0026 A Regulation System decree strong sense of the need for legislation has been improved in the constant practice of the government.

Legal Regulation of foreign mergers and acquisitions in the split share structure reform in China

Abstract

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