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Research on Law System of Take Over of Listed Companies in China

Author: ZuoLiJin
Tutor: BianXiangPing
School: Wuhan University
Course: Legal
Keywords: Listed companies Purchase Perfect
CLC: D922.287
Type: Master's thesis
Year: 2005
Downloads: 223
Quote: 0
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Abstract


The acquisition of listed companies is an important property rights trading behavior, is a re-configuration of the market economy under the conditions of economic resources. 90s of last century, China began its attention, the legal regulation is relatively weak and needs to be improved. In this paper, the actual development of the securities market in China, combined with the legal system of the mature market economy countries, comprehensive study of the theory and practice of the acquisition of listed companies in China, and put forward recommendations for the acquisition of listed companies in China perfection of the legislation. Conduct a study of this topic paper is divided into three parts: the first part of the acquisition of listed companies in China Overview. First introduced \The part laid a foundation for the elaboration later in this article. The second part is the way of acquisition of listed companies in China. Made an overview of the tender offer and an agreement to acquire both the acquisition and make a more comprehensive system of analysis. At the same time, China's legislation and practice, sound advice. The tender offer from the mandatory offer to acquire, improve voluntary offer these three aspects of the acquisition and part of the tender offer; agreement to acquire explicit acquisition of the main information disclosure, the fiduciary duty of the controlling shareholder, limited agreement to acquire the shares of \These four aspects put forward a comprehensive proposal. Finally, to clarify the relationship between the two - offer to acquire exclusive agreement to acquire agreement to acquire exclusive tender offer. The third part of the acquisition of listed companies in China need to be improved in the legal system of. Learn from Western countries for the deficiencies and defects of our legislation, the legislative system, from the concerted action of anti-takeover relevant stakeholders to protect the three aspects discussed in detail the legal advice to consummate the acquisition of the legal system of China's listed companies. Acting in perfect following five recommendations: First, legislation should be clear recognition of the principle of acting in its scope, given the general requirement; Second, to further clarify the means of action; Again, clear in the legislation proof of common behavior problems; Once again, investors who have suffered losses due to concerted action should be given the right to claim damages; Finally, persons acting in concert with other shareholders of the target company stock transactions can not be identified as just because insider trading invalid, mainly in order to maintain the order of the securities market transactions. Mode selection, and director of the anti-takeover obligations to perfect the design of these two aspects of anti-takeover system mainly anti-takeover legislation from the target company. Relevant stakeholders in the acquisition of listed companies in the protection of this section, the protection of minority shareholders, creditors, employees and the interests of the systematic exposition.

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