Research On The Enterprise Forms And Tactics Investing In America

The transaction among countries become frequently with the development of the economic globalization. The FDI, the important form of international capital flow, play an important role in every country day by day. The present situation of FDI turn to be a kind of standard judge a country's economic strength and international competitive capacity. The laws regulate the FDI decide the development of FDI to a great extent.With the step to open policy, our country have recognized the one-sideness of absorbing foreign capital only, began to employ the foreign capital through FDI. America is very strong in economic world, so , if we break American market, we break the world market. Our country can learn new knowledge and advanced technology through FDI in America. It is necessary for us to research the enterprise forms and tactics investing in America, helping our companies investing in America and helping our legislation. During writing the thesis, I analyses the strengths and the wackiness of each enterprise form and tactics from the point of law, based on large quantities of materials. In additional, through the comparative study, I inquire the questions we ought to pay attention to while investing in America. Chapter 1 is about introduction of FDI and the attitude of American government. The total amount of FDI attain to 64000 million dollar in 1998 all over the world, 39 per cent more than that of 1997. And, America get the most foreign capital. According to official statistics, about 7000 million dollar has been absorbed to America in 1998, approximately 0.8 per cent of internal total output value.America has little restrictive regulations on FDI, regarding foreign capital as internal capital. Now, the available regulations on FDI are mainly concerns to trade and procedure restriction.Chapter 2 is about legal analyses on the enterprise forms investing in America. Foreign investors often use proprietorship, partner and corporation to invest in America. But our country can not adopt proprietorship due to existing laws. Partner is an entity set up by two or more persons to make profit. There are little mandatory regulations in this respect. Organizations, operation and termination of partner are all stipulated by state laws, so it is flexible for foreign investors to set up or operate. In fact, partner is fragile because it is difficult to find suitable cooperators whose managing tactics and targets are identical to the investors. However, partner is not very attractive to foreign investors because its difficult fund-raised, unlimited responsibilities and high individual income tax. There is no concept of corporation in America, it is generally accept as an entity which certified by state secretary. Corporation also consist of branch and subsidiary in concrete operating.Chapter 3 is about legal analyses of tactics investing in America. Joint ventures and M&A are the two main investment tactics in the world. Through M&A, investors can achieve target buying target corporation's share or its assets. Foreign investors can soon be a member of native market through M&A. Compared with M&A, joint ventures are too traditional to do business in another country quickly today. Chapter 4 is to study of our country's FDI to America. After reform, our country is stick to absorb foreign capital to our land, and achieve great performance. But FDI to other country is not developed. Now our FDI is restricted to few countries, and most enterprises are do business ,and most enterprises are joint ventures. At the same time, there are no relative laws regulating FDI to other country in our country.Writer suggests that our country investors should consider the traits of every enterprise form when investing in America, then select suitable enterprise form or constitute strong points of every enterprise form. With regard to tactics of FDI in America, M&A is a prevalent plan for transnational corporations to invest. M&A has many strong points such as :acquire existing personnel and equipment...