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A Study On The Legal Issues Of The Cross-border Mergers And Acquisitions In The Banking Industry

Posted on:2008-08-06Degree:MasterType:Thesis
Country:ChinaCandidate:Z S GuFull Text:PDF
GTID:2166360212481215Subject:International Law
Abstract/Summary:PDF Full Text Request
Since the 1990's, there had been a worldwide wave of mergers and acquisitions in the international banking industry. Both the number and the scale of the cross-border M.A. had increased dramatically during the wave. How to take precautions against the financial risks and market monopoly caused by the cross-border M.A. in the banking industry by laws poses an urgent task to every country. After the transitional period of China's WTO accession, the banking industry of China is facing the puzzle of whether to merge or to be merged. Considering the existing flaws in China's current regulatory framework, it is necessary to use the other country's experience for reference and set forward the legal system to regulate the cross-border M.A. in China's banking industry. Mainly by way of comparative study, the author explores the legal framework on the cross-border M.A. in the banking industry on the basis of a thorough review of the relevant theories and the practices both at home and abroad.Besides the preface and the conclusion the thesis consists of five chapters: Chapter I is the general introduction to cross-border M.A. in the banking industry. The discussion first goes to the concept of the cross-border M.A. in the banking industry, and then to its division, development, courses and trend in future.Chapter II focuses on the basic theories of the legal regulation on the cross-border M.A. From the point of jurisprudence it analyses the values of the regulatory laws on the cross-border M.A. in the banking industry. Since every nation has different values for its own interests, it must follow some legal principles and thus the sources of the regulatory laws were varied.Chapter III deals with the domestic regulations on the cross-border M.A. in the banking industry. It mainly introduces the laws of three representative countries: the Unite States of America, the Great Britain and Japan. Then there is a comment on them. Chapter IV is about the international regulation on the cross-border M.A. in the banking industry. It analyses from both regional and global perspectives and examines their relations thereafter.Chapter V is an important part of the thesis which focuses on the cross-border M.A. in the banking industry of China. Through the analysis of the current status of china's banking industry and the existing legislation on cross-border M.A., the author points out the flaws of the relevant laws and provides some legislative advice to improve them.
Keywords/Search Tags:Banking Industry, Cross-Border, M.A., Regulation
PDF Full Text Request
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