Cross-border M & A Legal Issues

From 90s of 20 century accompany with the economic globalization, investment and trade free tendency transnational M&A goes into a high tide of global wave in the world. Act as an active participant China are now establishing and perfecting the transnational M&As'legislation. The article analyses the economical phenomenon of transnational M&A from legal perspective and tries to give some valuable legislation advise for the improving of our transnational M&As'legislation. The key points of this paper are the analysis of the legal natures and inside juridical relations of transnational M&A, discussion on the legislation tropism according to the economic theories, and research from the department regulation aspect of foreign investment law, antitrust law, the law of corporations securities, and also the legal issue of M&A of state enterprises by foreign investors.Transnational M&A is a very complex economic activity and has comprehensive relevance legal issues. The research basis of this paper is accurately defining it from economic and legal view. This article discusses the definition of transnational M&A from the basic concept of national M&A. From the economic view the transnational M&A involves more than two countries'markets and from the legal side it will be regulated by more than two countries'legislation. The key point of this chapter is the legal nature of transnational M&A. Transnational M&A is complicated international invest action, it is in the essence the civil legal act of property rights transfer. This chapter discusses the subject and object of transnational M&A, the target in legal confine and its internal juridical relations etc. There are many kinds of modes of transnational M&A now. This paper introduced six kinds of classification and especially discusses two kinds of transnational M&A regulated in China-Equity Merger and Acquisition and Asset Merger and Acquisition. From the 90s of last century transnational M&A developed in a high speed. For it has very close relation with national M&A the paper introduced the development progress of transnational M&A from the beginning of the national M&A. After that analyses two kinds of special transnational M&A. One kind is TNC lets its subsidiary company that was already established in the target country merger or acquisit...