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The Role of Lawyer in M&A

Author: XieKeYang
Tutor: ZhuGuoZuo
School: Shanghai Jiaotong University
Course: Accounting
Keywords: listed company M&A the role of lawyer
CLC: D926.5
Type: Master's thesis
Year: 2010
Downloads: 129
Quote: 0
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Abstract


M&A of the listed company is the important item which involves many stakeholders. Balancing the interest is very significant thing in the listed company’s M&A. Law firm is one of the intermediary organs which play a part in balancing the interest in the listed company’s M&A. But, recently, no many scholars thoroughly have researched on what about the role of M&A lawyer in balancing the interest. So, based on the theory of stakeholder, this paper tries to research whether the role of M&A lawyer has a substantial part in balancing the interest or what problem exists. In the wake of the improved continuously legal system,particularly after issued the Measures for Administration of the Takeover of Listed Companies Procedures and The Measures for Administration of Material Assets Reorganization of Listed Companies, the law have explicitly asked that the listed company should engage a lawyer to issue the legal report on M&A,in theory, the lawyer should bring into full play in balancing the interest. But,it is very valuable to analyze the particular situation of the role of lawyer in M&A of listed companies. In order to research the role of lawyer in M&A of listed companies, this paper just researches the legal report issued by the lawyer for the listed companies to issue shares to buy specific assets. The statistical analysis, based on the legal report for listed companies which issued shares to buy specific assets, indicates that the extent of lawyer’s participation in M&A is strengthening continuously, at the same time, which seems that the lawyer increasingly plays the role of balancing the interest in M&A of listed companies. But by researching on the legal report, this paper considers that since there exist many problems in legal report, such as similar words and a mere formality, the lawyer have no substantive role in balancing the interest in M&A of listed companies. In addition, the paper has analyzed the reason of the current role of lawyer in the listed companies M&A, and make many suggestions.

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CLC: > Political, legal > Legal > Chinese law > Justice system > Lawyer system
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