On The Application And Regulation Of Offshore Company

In recent years, along with the instant development of world economy globalization, offshore company has become an increasingly important field concerned by the public. Offshore companies have occupied an important position in the areas of international investment and international financing. However, offshore companies also bring some negative influence. In particular, some offshore companies become the transfer station of capital fleeing. Recently, with the development of Chinese-investing Offshore Companies, China also meets the problem to regulate offshore companies. Running through the course of legal regulation of offshore companies applied in international investment and financing, this thesis, mainly from the perspectives of foreign investment laws as well as corporate laws and security laws and to some extent with reference to the some countries legal system with regards to offshore company, analyzes and explores the major problems arising from offshore companies and relevant regulations in China, which the author hopes could be helpful to improve China's legal system regarding investment and financing of offshore companies related to China. Except the Preamble and Conclusion, this thesis is divided into four chapters, the abstracts of which are as follow:Chapter One is mainly dedicated to explaining the basic notion of offshore company. This Chapter takes offshore company as the subject of discussion and expatiates the concepts, functions and legal regulations related to offshore company, which will give readers an wholly view of offshore company.Chapter Two analyzes the legal principle of regulation regarding with offshore company. This chapter discusses the jurisdiction principle as the source of regulation of each country. It also discusses the illegal activities of offshore company with the theory of evasion of law and the rationality of regulation.Chapter Three mainly deals with the application and regulation of offshore company involved in international M&A. This chapter, taking international M&A as the subject to discussion, concerning the application models and basic principle, analyzes the legal problems arising from M&A activities of offshore company. Then, concerned with practices in China, this chapter analyzes China's regulations and makes some suggestions.Chapter Four mainly analyzes the application and regulation of offshore company involved in Overseas Listing. This chapter taking international financing through overseas listing by Chinese companies as the subject to discussion analyzes regulation systems of some countries including China and brings forwards some suggestions to improve our regulation systems.This thesis based on the legislation and practice of different countries, makes a study on problems arising from activities of offshore company involving in investment and financing, which gives readers an general idea of offshore company and brings forward some suggestions to improve our legal regulation system.