Study Of The Financial Sector Cross-border Mergers And Acquisitions Legal Issues

This dissertation is comprised of five parts..In the first part, the author reviewed the five tidal waves of cross-border mergers and acquisition, which have been coincided by the academia. The review is focused on the role of financial merger & acquisitions played in these five waves, and conclude that financial sector's role in them was firstly playing as an agency, then involved as a party in the M&A, and currently lead in these M&A waves. In view of the present economy development situation both in Asia and China, the author analyzed the various reasons why Chinese financial sector has not involved in these waves. Among them, legal environments are a very important one. And the author forecast the coming M&A trend in financial sector in the near future and the potential reasons. The trend will include the strategic policy of M&A aboard adopted by some domestic enterprises, which aim to an actual "mixed-operation" and to a internationalized development. But the most realistic part is the effort in changing current financial structure by introducing foreign M&A or foreign purchasing of minor shareholding. The concrete existence is the respective introduction of foreign strategic investors by State-owned Banks, shareholding banks and the numerous city commercial banks.The second part mainly focus on the study of basic legal theories of ordinary M&A and cross-border M&A. The former include the definition, motivation and classification of M&A. The latter one is comprised of the definition, classification and characters of cross-border M&A. Then the author study deeply on the new phenomena and issues of cross-border M&A domestically, and their impact on both theory and the applicable legal system. These new issues include the M&A by a way of shareholding exchanging, purchasing state-owned shares, rights in land using and subscribing the listed companies, etc. And finally, the author analyzes the special issues in financial cross-border M&A. The third part is the review of law in some typical countries in a comparable way. The author study the mutual relationship between economy and legislation on M&A in respective countries or regions, compare the legislative background between China and...