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How to Protect Creditor’ Rights in Enterprise Acquisition

Author: ZhongYong
Tutor: WangJianPing
School: Sichuan University
Course: Legal
Keywords: Mergers and Acquisitions The interests of creditors Safeguard Mergers and acquisitions law System Research
CLC: D922.29
Type: Master's thesis
Year: 2005
Downloads: 167
Quote: 0
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Abstract


In this paper, the legal and economic characteristics of the mergers and acquisitions and debt analysis, the essential characteristic of the mergers and acquisitions , is the concept of debt with the transfer of assets and the transfer of control over , and from fair - premise angle of departure , demonstrated creditors significance of the interests protected . Analysis of mergers and acquisitions practice , damage the interests of creditors , the accountability to the hostile takeover in corporate mergers and acquisitions , and draw on company law \Text on the basis of theoretical analysis , mergers and acquisitions , debt protection , carried out a theory of design , including: prior review of the behavior of corporate mergers and acquisitions , corporate mergers and acquisitions program standardization , mergers and acquisitions creditors should have rights , the establishment of the M \u0026 A deposits. On this basis , the proposed mergers and acquisitions to develop our unified law to make up for the current legislative gaps recommendations . Specific content of this article , can be divided into the following four parts : the first part introduces the concepts and features of the mergers and acquisitions and debt protection , analysis of the behavior of the significance of corporate mergers and acquisitions and motivation of the individuals involved in mergers and acquisitions debt understanding of the social debt and national debt , and summarizes the current situation of domestic and international mergers and acquisitions in creditor protection legislation , as well as the main problems of domestic legislation . The second part of the study of mergers and acquisitions in creditor protection jurisprudence . First , the two perspectives of effective and fair , fair as the research perspective , the proposed creditor protection should apply the principle (that is fair , honest and trustworthy, equal protection , and to encourage trading principles) . Secondly, proceeding from the principle of relativity of debt , further analysis of the behavior of mergers and acquisitions , control is transferred and debt transfer theory . Finally, the introduction of \The third part of mergers and acquisitions , debt protection system design concept . Three stages from the pre-merger , mergers and acquisitions , and mergers and acquisitions , raised procedural norms and safeguards creditor protection . Review the qualifications and motivation of mergers and acquisitions in the mergers and acquisitions , standardize information disclosure obligations at all stages ,

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